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Grand Jury: Man accused of stealing more than $50,000 from Bergen business

By Billie Owens

Bruce D. Smith is indicted for the crime of second-degree larceny. It is alleged that between about April 2018 through March 2019 in the Town of Bergen that Smith stole property having a value of more than $50,000. In count two, he is accused of falsifying business records in the first degree, a Class E felony. It is alleged in count two that in October 2018 that he acted with intent to defraud and falsified an entry into a business's financial records for the period of July 2018 through January 2019.

Christopher C. Good is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 20 on Liberty Street in Batavia that Good knowingly entered and remained unlawfully in a dwelling with the intent to commit a crime and caused physical injury to a victim inside. In count two, he is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to the victim. In count three, Good is accused of third-degree menacing, a Class B misdemeanor, for intentionally placing or attempting to place the victim in fear of death, imminent serious physical injury, or physical injury. In count four, Good is accused of second-degree aggravated harassment, a Class A misdemeanor, for communicating with a person with the intent to harass, annoy, threaten or alarm that person by making a threat to cause physical harm, thereby causing the victim to reasonably fear harm for their safety or their property, or that of their family or household.

Daniel E. King is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 9 in the Village of Corfu that King drove a 2006 Suzuki on Route 33 while his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, he is accused of DWI, also as a Class E felony, for allegedly driving while intoxicated that day. In count three, King is accused of refusing to submit to a breath test. In count four, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for allegedly driving on Phelps Road in the Town of Pembroke on Nov. 12 while under the influence of alcohol or a drug while his license was suspended or revoked by authorities. In count five, King is accused of DWI for allegedly driving on Phelps Road in the Town of Pembroke while intoxicated on Nov. 12. In count six, he is accused of refusing to submit to a breath test Nov. 12 on Phelps Road in the Town of Pembroke. In Special Information filed by District Attorney Lawrence Friedman, he is accused of having been convicted of DWI as a misdemeanor on Aug. 6, 2012, in Greene County Court, and that conviction forms the basis for the suspension or revocation referred to in counts one and four of the current indictment.

Lisa A. Way is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 5 in the City of Batavia that Way drove a 2011 Chevolet on Ellicott Street (Route 63) and on the driveway/parking lot at an address on that street while intoxicated. In count two, Way is accused of refusing to submit to a breath test. In Special Information filed by District Attorney Lawrence Friedman, she is accused of having been conviction of DWI as a misdemeanor on Nov. 8 in Town of Newstead Court in Erie County and that conviction was within 10 years of the crime alleged in count one of the current indictment.

GV BOCES students visited by National Guard reps and their 'up-armored' Humvee

By Press Release

Submitted photos and press release:

On Monday, March 8th, Staff Sgt. Haven Armstrong and Staff Sgt. Joeseph Coburn, representing the National Guard recruiting office, brought a High Mobility Multipurpose Wheeled Vehicle -- an up-armored military Humvee -- to the Auto Body class at Genesee Valley BOCES in Batavia.

This event was intended to inform students about the different careers that the National Guard has to offer within the fields of mechanics and engineering, as well as inform them about the college benefits offered in the National Guard.

“Staff Sgt. Armstrong and I do events like these at schools throughout the GLOW region," Coburn said. "Often times we try to find high school juniors and seniors that are interested in the trades, and inform them about the benefits of being in a trade in the National Guard.

"Normally the goal is to match up people who are already heading down a career path with a military occupational specialty like we did here with Mr. (Jeff) Fronk's Auto Class and bringing one of our vehicles and myself who was a mechanic for the military.

"Many people think that everyone in the military is signing up to grab a weapon and fight on the frontlines and although sometimes that is true, that is almost more of an exception than a rule. Most of our career field’s deal with things like engineering, mechanics, logistics or medical and the National Guard offers sought after training in all of these fields.

"Personally, as a military trained mechanic, I got hired over individuals with more work experience and degrees because I had military experience on my resume. Once an employer sees that, they know the individual is going to show up ready to work hard and be a professional. This is very much the message that we try to portray to these young adults.

"A lot of people are also confused about the college benefits we have. For instance the National Guard will pay for someone to go to a state school for free and possibly even give them a housing allowance (this is how I got my bachelor's at zero cost to me). This is why it’s so crucial we talk to people at the high school age so they have all the info before making major life decisions.

"The students also really seem to respond positively when we show up with something cool like a military HMMWV. Mr. Fronk's class in particular was very excited to be able to get their hands on something most only see in movies and they had a lot of awesome questions. Over all I would say this event was a major success with almost half of the class requesting information about how they can learn more about joining the National Guard.”

Sen. Rath says there's no reprieve in sight for sky high New York taxes: 'This needs to change!'

By Press Release

From Sen. Ed Rath:

It is no secret that New Yorkers pay some of the highest taxes in the nation. Unfortunately, it does not look like there will be any reprieve in our 2021-22 budget, despite the influx of aid coming from the latest round of stimulus funding.

A report recently found that New York State has the third highest tax rates in the nation. New York continually ranks as among the worst states for taxes and for business climate. This needs to change!

News of the Federal aid coming to New York as part of the American Rescue Plan, seemed promising for residents. However, the Governor has made it clear that tax increases are not off the table. In fact, the Governor's budget proposal includes eliminating the State income tax reduction for the middle class. 

Now is not the time to be raising taxes on hardworking New Yorkers. Many businesses and families are feeling extreme financial pressure and raising taxes will only make these matters worse. We should be working to jump start our struggling economy by helping businesses reopen and rehire.

I will continue to keep you updated on the progress of the New York State budget and will continue to fight for policies that make New York more affordable for hardworking families and small businesses.

'They're all first-round picks.' Nineteen GV BOCES students sign on with area businesses

By Mike Pettinella

With the first selection in the Finger Lakes Youth Apprenticeship Program draft, Oxbo International of Byron New York selects Morgan Coniber, a senior welder from Le Roy High School.

Sound like something you’d hear from the commissioner of the National Football League?

Actually, those were the words of Dale Pearce, program director of Curriculum Development and Apprenticeships for the FLYAP, at Wednesday’s “Signing Day” school/business partnership event at the Genesee Valley BOCES Batavia Campus.

Educators, business people and family members gathered together – as organizers spaced the proceedings over a couple hours to comply with COVID19 regulations – to honor 19 GV BOCES students who signed “letters of intent” for job shadowing and/or paid internship opportunities with six local companies.

The businesses participating were: Amada Tool America, Batavia; Turnbull Heating & Air, Batavia; Bonduelle USA Inc., Oakfield, Bergen, Brockport; DP Tool & Machine, Avon; O-At-Ka Milk Products Co-Operative Inc., Batavia, and Oxbo.

While Coniber was designated as the No. 1 pick, the order of selection was determined by a random draw.

“Everyone is a first-round pick; everyone is a first overall pick,” said Rich Turner, director of Workforce Development for the Rochester Technology & Manufacturing Association, which coordinates the program with Monroe Community College with sponsorship from RG&E and the Ralph C. Wilson Foundation.

“We’re just doing a random selection just to fit the kids’ schedules and the businesses’ schedules. We just want to make sure that everyone is celebrated equally.”

Julie Donlon, assistant superintendent at Genesee Valley BOCES, said the school started the “Signing Day” several years ago “in an effort to bridge the gap between schools and businesses, and really to promote our business partners and show that we’re making efforts in preparing youth for the future workforce. Since then, it has grown and now we have several business partners.”

Students involved in the program go through an interview process and, after that initial step, are matched to a company based on their vocational program, said Jon Sanfratello, executive principal of the Genesee Valley BOCES Batavia Campus.

“We had more than 30 kids who did that … proceeding to the matching day,” Sanfratello said. “And now, we are at the ‘Signing Day.’”

Sanfratello said the 11th-graders receive a job shadow at the particular company and the following year they get a paid internship with the company.

“The company really is able to take a look at a student for a couple years and really invest in him or her,” he said.

Twelfth-graders earn a paid co-op with their specific company and have a chance to eventually obtain an apprenticeship and become a full-fledged employee.

“We’re taking kids out of high school and trying to groom them towards what companies in the area need,” Sanfratello explained. “Students get 200 hours and get around $13-14 per hour. Compensation coincides with the FLYAP, which receives grant money and other funding to sustain the program.”

Turner said the FLYAP is designed to build the pipeline with local students entering advanced manufacturing trades.

“So, MCC will help work with the school districts,” he said. “We help with Genesee Valley BOCES, Monroe I, Monroe II, Edison Tech; we’ve also been in Orleans Niagara BOCES, and we’re hoping to go to the Wayne-Finger Lakes BOCES in the next month or two.”

The program is in its second year and included Genesee Valley BOCES students for the first time, Turner noted.

“We had 32 draft picks in Monroe County last week and tonight we’re going to have 19 draft picks from Genesee Valley BOCES -- a huge accomplishment,” he said. “It’s an NFL Draft-style event. We want to really celebrate the kids and all of their accomplishments as well as the businesses that are giving them the opportunities.”

The list of students in the program, their home districts, Career & Technical Education programs and employer are as follows:

  • Morgan Coniber, a senior from Le Roy High School, is enrolled in the Welding Program. She signed with Oxbo for a co-op program as a Welder.
  • Nichole Hume from Alexander High School, signed for a CNC Machining co-op with Amada. Nichole is a senior enrolled in the CNC Machining Program.
  • Cole Sullivan is a student in the Electromechanical Trades Program. He is a senior from Le Roy High School who signed for an Electromechanical Technician co-op with Oxbo.
  • Nathan Stokes, a senior from Batavia High School, is a student in the CNC Machining Program. Nathan is already working in a CNC Machining co-op program with Amada.
  • Dan Saeva, a junior from Batavia High School, is enrolled in the Metal Trades Program. He signed for a Welding job shadow program with Oxbo.
  • Madison Brandes is a junior who is enrolled in the Metal Trades Program. Her home school is Le Roy High School. She signed for a CNC Machining job shadow with Amada.
  • Luke Rindell from Batavia High School is a student in the Electromechanical Trades program. This senior signed with Oxbo for an Electromechanical Technician job shadow program.
  • Kaiel Robinson is enrolled in the Electromechanical Trades Program. This senior from Le Roy High School signed for an Electromechanical Technician co-op program with Turnbull.
  • Adam Risewick, a junior from Le Roy High School, is a student in the Electromechanical Trades Program. He signed with Oxbo for an Electromechanical Technician job shadow program.
  • Jaden Pocock, from Byron Bergen High School, is a student in the Electromechanical Trades Program. This senior signed with Turnbull for an Electromechanical Technician co-op program. 
  • Eric Offhaus is a student in the Welding Program. This junior from Pavilion High School signed for a welding job shadow with Oxbo.
  • Henry Shafer attends Notre Dame High School in Batavia. Henry is a senior in the Electromechanical Trades Program. He signed for an Electromechanical Technician co-op with Bonduelle.
  • Zach Vanderhoof, from Le Roy High School, is enrolled in the Electromechanical Trades Program. This junior signed with O-AT-KA for an Electromechanical Technician job shadow program.
  • Zach Friedhaber is enrolled in the Electromechanical Trades Program. This senior from Attica High School signed with Bonduelle for an Electromechanical Technician co-op program.
  • Jacob Beale, a junior from Elba High School, is enrolled in the Metal Trades program. Jacob signed for an Electronics Technician job shadow program with O-AT-KA.
  • Sara Lis is enrolled in the Metal Trades Program. This senior from Pavilion High School signed for a Pipefitter job shadow program with Bonduelle.
  • Lillias Bell is a junior from Caledonia-Mumford High School. She is enrolled in the Metal Trades Program and signed with DP Tool for a CNC Machining job shadow program.
  • Alex Lynn is enrolled in the Electromechanical Trades Program. This junior from Caledonia-Mumford High School signed with DP Tool for an Electromechanical Technician job shadow.     
  • Anthony Lippert is a junior from Livonia High School who signed with DP Tool from a Machine Builder job shadow.

Photo collages courtesy of Maggie Fitzgibbon, Genesee Valley BOCES.

Second round of emergency aid available for households in HEAP

By Press Release

Press release:

The New York State Office of Temporary and Disability Assistance today announced that an additional $15 million is available to help eligible New Yorkers facing a home heating emergency.

Households that have already received emergency assistance from the Home Energy Assistance Program (HEAP) this winter can apply for a second round of benefits if they are in danger of running out of fuel or having their service disconnected when the statewide moratorium on utility shutoffs expires at the end of March. 

“Even with the spring season nearing, many parts of New York will continue to experience frigid temperatures for weeks to come,” said Mike Hein, commissioner of the state Office of Temporary and Disability Assistance, which administers HEAP. "This additional funding will help ensure struggling New Yorkers, including the most vulnerable among us, can continue to heat their homes until the cold weather breaks.”

Additionally, the deadline to apply for both the regular and emergency HEAP benefits was extended until April 30. With the initial round of HEAP benefits, both rounds of emergency assistance, households can receive up to $2,371 in assistance.

Applications for emergency HEAP are accepted at local departments of social services in person or by telephone. A list of offices by county can be found here.

Households are ordinarily only eligible to receive one regular HEAP benefit each winter and then one emergency HEAP benefit in the event of an energy crisis. Now, households that have already received a regular and emergency benefit can apply for additional assistance if they are faced with the possibility of having a utility shut off or running out of heating fuel without the available resources to replenish it.

Statewide demand for HEAP remains high. This winter, more than 1.3 million households secured regular HEAP benefits, with an additional 30,000 households receiving the first emergency benefit to address a home crisis or life-threatening heating emergency. 

The amount a household receives from HEAP depends on their income, household size and how the home is heated. A family of four can have a household income of up to $60,226 per year, or $5,019 per month, and still qualify for help.

New York State Public Service Law provides temporary protections for essential utility and municipal services during the COVID-19 pandemic. Through March 31, utility companies and municipalities may not shut off service for nonpayment and must offer a deferred payment agreement to cover any overdue balance.

Hawley reminds people about new boating law requiring safety certification

By Press Release

Press release:

Assemblyman Steve Hawley is reminding constituents that due to a new boating law passed last year, all motorboat operators, regardless of age, must have a boating safety certificate by 2025 in order to operate motorized watercrafts, including personal watercraft such as jet-skis.

Under the new law, all motorboat operators:

  • Born on or after Jan. 1, 1993 needed a boating safety certificate beginning in 2020.

  • Born on or after Jan. 1, 1988 will need a boating safety certificate beginning in 2022.

  • Born on or after Jan. 1, 1983 will need a boating safety certificate beginning in 2023.

  • Born on or after Jan. 1, 1978 will need a boating safety certificate beginning in 2024.

  • All motorboat operators regardless of age will need a boating safety certificate beginning in 2025.

Information on taking the boating safety course in-person or online can be found here.

“I encourage anyone who has even a mild interest in boating to take the state boating safety course, because it’s never been easier to get your certificate,” Hawley said. “Whether taking the course in-person or online, it’s a great way to spend an afternoon and ensure everyone stays safe in New York waters.”

WNYIL will air new half hour public affairs radio program on Sunday mornings

By Press Release

Press release:

To help keep the community aware of issues of interest to them and particularly to individuals with disabilities, the Western New York Independent Living Inc. (WNYIL) Family of Agencies now offers a new 30-minute public affairs radio program.

“Independent Perspective - In Depth,” utilizing the Niagara Frontier Radio Reading Service (NFRRS), will air these shows at 8:30 a.m. on Sunday mornings.  

Weekly guests will include leaders in the community from agencies serving people with disabilities, governmental agencies, as well as elected officials who will speak to issues important to people with disabilities in Western New York.

NFRRS’ programming is available to anyone online via their website, nfradioreading.org, by clicking the “Listen Live!” button, or by using Seros or Zeno apps on portable devices.

After the broadcast, a podcast will be available through the NFRRS website, as well as the WNYIL website and on several platforms including; Amazon Music, Audible, Google Podcasts, iHeart Podcasts, iTunes, Spotify, Sticher and TuneIn Radio.

The Western New York Independent Living Inc. Family of Agencies offer an expanding array of services to aid individuals with disabilities to take control of their own lives.

Developer: Outdoor shooting range, drive-in theater will offer 'healthy, family activity'

By Mike Pettinella

The owner of The Firing Pin indoor shooting range and gun shop in Bergen says he is prepared to help society “return to normalcy” through the development of an outdoor recreational facility that includes a drive-in movie theater on a 22-acre parcel at 3269 Harloff Road in the Town of Batavia.

Brandon Lewis, an East Bethany native and Alexander Central School graduate, provided details this morning of his plan, which is on the agenda of tonight’s Genesee County Planning Board meeting via Zoom videoconferencing.

According to documents submitted to planners, Lewis, who recently moved to Brockport, is requesting a special use permit and review of the site plan to construct and operate the business for firearms training, general recreation, fitness training and a drive-in theater.

The location, in an Agricultural-Residential district, previously was used for snow tubing.

“We’re hoping to have shooting by July and have some fun events – maybe a haunted hayride this fall … just some affordable family entertainment and family fun on top of the shooting range,” he said. “I think we can mesh those two things, and I think it’s good for a return to normalcy. Firearms are a completely normal, healthy American family activity that can mesh with other forms of family entertainment.”

Lewis, owner of The Firing Pin since 2014, said he approached the Batavia Town Planning Board more than a year ago before the COVID-19 pandemic hit, just to introduce planners to his idea. He said the board was enthusiastic in its response.

“I asked if this was feasible or (would it be) an uphill fight the whole way, and they said it sounds great and your property is perfect for it,” recalled Lewis, who purchased the former Polar Wave property a year earlier and “just fell in love with it.”

“The potential that it offers to the people of the region, really, and, talking with my family, we just thought (we could provide) something that hadn’t been done before around here,” he added.

He said the land is naturally suited to be a shooting range, which will be the primary focus.

“It will be more of a gun club, still open to the public, but more of a club-type of atmosphere where we can offer so many different kinds of training that you can’t do at an indoor range,” he said. “Being able to do that and opening it up to law enforcement, that’s going to a huge potential source of customers for us. There’s a lot that we can offer as far as demos, training and things that don’t exist anywhere around here.”

Lewis said numerous police officers from the county and surrounding area use The Firing Pin and he believes they will be attracted to an outdoor range where they can further their training.

“We have great relationships with all the local law enforcement agencies, and I’m sure we’ll see many of those guys out there privately as well. Most of the officers are very dedicated to training even on their personal time,” he said.

As far as the drive-in theater is concerned, Lewis said he will start by putting up a small projector screen to show classic movies and favorites. The hope is to expand and show new releases with room for up to 130 cars – along the lines of the Silver Lake Drive-In in Perry.

Lewis also said the area will be available for music concerts – “somewhere (in size) between Jackson Square in Batavia versus Darien Lake,” he said – and for car shows, craft shows and other events.

“I think there’s a sweet spot in there that we’re missing out on,” he said.

He said immediate plans are to fix the on-site bathrooms and a long-term goal is to build a clubhouse.

Other referrals of note are as follows:

  • A site plan review for Mutka 3450 Properties of British Columbia, Canada, to construct a 1,500-square-foot office addition to an existing warehouse facility in a Manufacture-Industrial district at 3450 Railroad Ave. in the Village of Alexander;
  • A site plan review for BALD Development LLC of Alden to construct an 11,250-square-foot (225 by 50) pole-barn-type commercial office/storage building in a Commercial district at 234 Genesee St. (Route 33) in the Town of Darien.
  • A special use permit for ForeFront Power of San Francisco to place a 45-acre, 5 megawatt ground-mounted solar system in an Agricultural-Residential district at 6982 Norton Road in the Town of Elba. The company is looking to install the solar array with associated electrical equipment, access road, fencing and landscaping on an existing farm field owned by Daniel and Penny Mudrzynski.
  • Zoning text amendments related to solar energy submitted by the Darien, Elba and Le Roy town boards.

Rendering at top showing: a 200-yard shooting range at top; trap shooting range (triangle); drive-in theater at left; handgun range between the 200-yard range and theater; RV park next to the drive-in; and training course at right. Courtesy of Genesee County Planning Department.

Schumer releases American Rescue Plan allocations to localities; manager job search saves money for city

By Mike Pettinella

Batavia City Manager Rachael Tabelski was spot on Monday night when she predicted the “lower figure” would be allocated to the city through the $1.9 trillion federal relief act known as the American Rescue Plan.

Tabelski reported at this week’s City Council meeting that she received estimates “ranging between $1.57 million and $2.5 million, so I’ll go with the lowest figure -- 1.5 to come into the City of Batavia, specifically.”

Tentative dollar amounts released Wednesday by Sen. Charles Schumer’s office and the National Association of Counties indicate that the city will get $1.58 million as a result of the legislation.

Tabelski categorized the funding as a “windfall” in that the money must be used for certain projects such as infrastructure and not to “stabilize our operations.” Municipal leaders are waiting for more details on how the money can be spent.

Genesee County is targeted to receive $11.11 million, in range of what County Manager Matt Landers had forecasted. 

The county’s 14 towns are expected to receive $4.66 million, divvied up as follows:

  • Town of Alabama, $190,000;
  • Town of Alexander, $270,000;
  • Town of Batavia, $750,000;
  • Town of Bergen, $320,000;
  • Town of Bethany, $190,000;
  • Town of Byron, $250,000;
  • Town of Darien, $330,000;
  • Town of Elba, $250,000;
  • Town of Le Roy, $810,000;
  • Town of Oakfield, $330,000;
  • Town of Pavilion, $260,000;
  • Town of Pembroke, $450,000;
  • Town of Stafford, $260,000.

Allocations to Orleans and Wyoming counties are expected to be $7.83 million and $7.73 million, respectively.

In other City of Batavia government news:

  • Tabelski and City Council President Eugene Jankowski Jr. said they are waiting to receive some outstanding invoices before determining the total amount that was spent to conduct the nationwide search for a permanent city manager.

Jankowski previously told The Batavian that he figured it would be around $5,000. The city contracted with The Novak Consulting Group of Cincinnati, Ohio, to assist in the search following the departure of Martin Moore last June. (The Batavian has requested an itemized list of all expenses).

Some residents have criticized the city for conducting another search (Novak was involved in the search that resulted in Moore’s hiring in 2018) when it could have hired Tabelski, who had been serving in an interim role for the past eight months.

Council opted to conduct a full search, however, as a stipulation in the contract with Novak indicated it would be provided at no cost, other than travel, advertising and related expenses.

As it turned out, even if the expenses involved to reach a decision to appoint Tabelski as the permanent city manager increase to $6,000, for example, the city will have saved significantly in salary over that time.

If Tabelski was hired in July, her salary would have jumped from (approximately) $7,398 per month to $9,166 per month – a difference of $1,768 per month. Multiply that times eight months and you get $14,144. The city did give Tabelski a stipend of $1,000 per month for the additional duties, so the savings decrease to $6,144.

But what also must be considered is that if Tabelski was hired in July, she would have brought on an assistant manager in short order. Even at a salary of $75,000, for example, that would have cost the city another $45,000 to 50,000 or so in personnel expenses.

Jankowski said initially he was in favor of “speeding up the hiring process” as he supported Tabelski for the job, but he thinks the decision to conduct the search was the right one.

“Looking back on that, I’m glad I acted on the feedback I received and supported moving on with a full and complete search,” he said. “It was fair and thorough. The search committee did a great job and I’m proud to have been a part of the process.”

  • Tabelski, responding to an email from The Batavian, confirmed that Ray Tourt had opted not to accept the permanent position of Department of Public Works director.

“After additional consideration, Ray Tourt has decided not to take the permanent/provisional appointment of Director of Public Works,” Tabelski said. “Ray, a 20-plus-year veteran of the city, is committed to the City of Batavia and will remain the interim director while the city conducts a full search, and hiring process for a new director.”

Once a new director is hired, Tourt will go back to his former position of superintendent of the Bureau of Maintenance, and the city’s Human Resources department will begin to advertise for the position of DPW director in the near future, Tabelski added.

Tourt was appointed DPW director in December after Matt Worth’s announcement that he would be retiring.

County reports 18 new COVID cases, 11 in detention facility

By Press Release

Press release:

  • Genesee County received 18 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s and 60s.
      • Seventeen of the previous positive individuals have recovered and have been removed from the isolation list.  
      • Four of the current positive individuals are hospitalized.
      • Eleven of the new positive individuals are inmates at the Buffalo Federal Detention Center.

Orleans County received six new positive cases of COVID-19.

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 50s and 60s.
  • One of the newly positive individuals was under mandatory quarantine prior to testing positive.
  • One of the previous positive individuals has recovered and has been removed from the isolation list.
  • Two of the current positive individuals is hospitalized.

************************************************************

Beginning March 10th, all New Yorkers 60 years and older will be eligible to receive the vaccine. Public facing essential workers from governmental and nonprofit organizations will be eligible beginning March 17th. This expansion includes public-facing essential building services workers.

Providers will be able to vaccinate any eligible New Yorkers, with the exception of Pharmacies who will focus on individuals over the age of 60 and teachers, in line with federal policy beginning March 10th. This is all subject to the availability of the vaccine to the providers. This new addition of new eligible residents still far exceeds the supply of vaccine received in our counties. Individuals who are eligible must have an appointment in order to get a vaccine.  

To check for vaccination clinics in Genesee and Orleans Counties please go to: http://bit.ly/GOHealthVaccine  

For more information about the vaccine and access for those who are 60 and older who do NOT have internet access, please contact your respective Office for the Aging (OFA). For Genesee OFA please call (585) 813-2457 for COVID-19 Vaccine assistance between 9 a.m. – 4 p.m. and leave a message if you get voicemail and someone will return the call.

For Orleans OFA please call (585) 589-3191 between 9:30 a.m. – 4:30 p.m. and leave a message if you get voicemail and someone will return the call. The OFA offices can only assist with the clinic links as they are available. The system may experience slowdowns and crashes due to high volume. Please be patient and try again later.   

To see who is currently included in the 1A and 1B priority groups to check eligibility, click here.

The local vaccine availability is limited and determined by the state. For more information on when it will be available for the general public keep checking our website or the NYS Department of Health website.

Restaurants: As of March 19th, New York State is increasing restaurant capacity from 50 percent to 75 percent for counties outside of New York City. Further guidance is expected.

Travel Guidance Update: According to the Governor’s announcement today, those who travel domestically will no longer be required to quarantine or test-out within 90 days of full vaccination. International Travelers will continue to follow CDC quarantine guidance. Check for the updated guidance here.

Gathering Size: Beginning March 22 for residential gatherings 10 people indoors, 25 people outdoors. For social gatherings up to 100 people indoors, 200 people outdoors.Check for the updated guidance here.

Beginning April 2: Event, Arts, and Entertainment Venues- reopening at 33 percent capacity, up to 100 people indoors, 200 people outdoors. With attendee testing, capacity increases to 150 people indoors, 500 people outdoors. The rapid test is valid for 6 hours; PCR test is valid for 72 hours. Social distancing and face coverings are required by all attendees. Check for the updated guidance here.

Starting March 15, the Governor is allowing weddings at up to 50 percent of the venue capacity or up to 150 people (whichever is smaller) at weddings/catered events. See section D (In-person and Catered Events) of the Interim Guidance for Food Services During the COVID-19 Public Health Emergency updated Feb. 24.

There are strict guidelines to be followed and Responsible Parties are to notify the local health department if they plan to host in-person and catered events above the State’s maximum social gathering limit, which is 50 people as of Feb. 24. Those who ignore the guidance can be fined and/or lose their license to operate.

There continues to be a maximum of 10 people indoors and outdoors for residential gatherings.  

Social distancing, wearing cloth masks/face coverings over the mouth and nose, and handwashing, cleaning and disinfection protocol requirements are to be continued to limit the spread of COVID-19.  

Pharmacies participating in the Federal Retail Pharmacy Program for COVID-19 Vaccination CDC: The Federal Retail Pharmacy Program for COVID-19 Vaccination is a collaboration between the federal government, states and territories, and 21 national pharmacy partners and independent pharmacy networks to increase access to COVID-19 vaccination across the United States. To learn more use this following link.  

CV19 CheckUp: Learn about what your risk is to get COVID-19 and how to limit your risk. CV19 CheckUp is free, confidential, and easy to use. It is designed to help you be safer and healthier during the COVID-19 pandemic. 

Vaccine Information: To see how the COVID-19 vaccine is administered throughout the state go to the COVID-19 Vaccine Tracker. This now includes the county breakdown.

Percent Positive 7/14 -- day average click here.

To review the raw positive data for each of the counties click this link.

Click here to view the Genesee and Orleans counties' online map of confirmed cases.

New website will serve info to community on South Lyons Bridge project

By Howard B. Owens

The Genesee County Highway Department has created a website to help the public informed during the reconstruction of the South Lyon Street Bridge.

To visit the website, click here

This is a $3 million project with 80 percent covered by federal grants.

Construction is expected to begin in spring 2022.

Considering the importance of this bridge to the traveling public in our community, a website was created to keep residents and businesses apprised of the project's progress," said Laura Wadhams, assistant county engineer. "Please check the website for updates as the design process continues, and through construction for progress photos."

Grass fire reportedly spreads to porch on Vine Street

By Howard B. Owens

A grass fire has reportedly spread to a porch at the back of 30 Vine St., Batavia.

The upstairs apartment may be occupied.

City fire responding.

UPDATE 2:15 p.m.: A quick response by City fire appears to have gotten the fire knocked down before there was any serious structural damage. All occupants exited the apartments safely and no pets were hurt or lost. The fire is under investigation and more information will be released later.

UPDATE 3 p.m.: City fire is back in service.

Significant fuel spill reported at Flying-J

By Howard B. Owens

A 50- to 60-gallon fuel spill is reported in the northwest corner of the Flying-J parking lot.

Pembroke fire and Indian Falls fire dispatched.

City of Batavia Fast Team and Mercy EMS dispatched.

City Engine 11 responding on a "slow roll" since there's no fire.

UPDATE 9:41 p.m.: Engine 11 back in service.

UPDATE 10:37 p.m.: Pembroke and Indian Falls are back in service.

Batavia Downs announces 2021 concert season

By Howard B. Owens
Video Sponsor
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Press release:

Batavia Downs Gaming & Hotel has announced the lineup for their fourth Rockin’ the Downs concert series, which will take place outside on the racetrack, with eight Friday dates, starting in June and running into August.

Kicking off the series on Friday, June 25th is former Journey frontman Steve Augeri. Steve returns after playing one of the most enjoyable concerts from 2019’s series. The lead vocalist for the rock group from 1998-2006, Steve headlined an eight-year tenure that included three albums, and will perform hits such as "Don’t Stop Believin’," "Separate Ways," "Wheel in the Sky," "Faithfully," and "Anyway You Want It."

Next up, on Friday, July 2nd, Batavia Downs welcomes Southern Rock legends Molly Hatchet. Originating in Jacksonville, Fla., in 1978, the band has gone on to release 14 studio albums. They’ll be performing hits such as "Flirtin’ with Disaster," "Dreams I’ll Never See" and "Whiskey Man" among others.

Friday, July 9th will see Don Felder, formerly of The Eagles, perform at the Downs. As a renowned former lead guitarist of The Eagles, one of the most popular and influential rock groups of our time, Don has helped write and perform many iconic classics. His 2008 memoir was a New York Times bestseller. Don will perform solo and Eagles’ hits during his set including " Heavy Metal (Takin’ a Ride)," "Hotel California," "Life in the Fast Lane," "The Long Run" and "Tequila Sunrise."

Performing on Friday, July 16th is Tommy James and the Shondells. Hailing from Niles, Mich., Tommy rose to stardom after his song "Hanky Panky" went to #1 in Pittsburgh. Other hits in his catalog include "I Think We’re Alone Now," "Mony Mony," "Crimson and Clover," "Sweet Cherry Wine" and "Crystal Blue Persuasion."

Rocking the stage on Friday, July 23rd is Heavy Metal Rockers Skid Row. After forming in New Jersey in 1986, the band has performed all over the world with hard guitars and a unique songwriting style. They’ll be performing their hits "In a Darkened Room," "We Are the Damned," "Youth Gone Wild," "18 And Life," and many more.

Legendary Rock Band The Sweet performs on Friday, July 30th. Hailing from London, the band has sold more than 35 million albums worldwide since forming in 1968. Original member Andy Scott handles lead vocals on such hits as "Little Willy," "Ballroom Blitz," "Fox On The Run" and "Love Is Like Oxygen."

America’s top Pink Floyd Show, The Machine hits the stage on Friday, Aug. 6th. Over 30 years they have extended the legacy of Pink Floyd while creating another legacy all their own. Over the years, The Machine has touched the hearts and souls of many with its stellar musicianship, dramatic lighting, and video performances.

Closing out the series on Friday, Aug. 13th is rock band Queensrÿche. With more than 30 million albums sold worldwide, Queensrÿche continues to tour the globe to sold-out audiences. The band has earned multiple Grammy Award nominations and won the MTV “viewer’s choice” award for the #1 chart-topping hit "Silent Lucidity." Even with 11 gold and platinum plaques and several Top 10 hard rock anthems under their belt, Queensrÿche consistently delivers high-octane live shows combining the hungry fire of a new band with the tempered experience of master showmen. 

Tickets for all eight concerts will be available at www.BataviaConcerts.com beginning sometime in late March or April. Tickets will also be available for purchase at Batavia Downs Gaming & Hotel at the Lucky Treasures Gift Shop located in the lobby. 

“Preliminarily we’ll be looking to have a “POD” setup, which has been utilized in many other locations. It allows patrons to be with those in their circle and socially distanced from other concertgoers," said Henry Wojtaszek, president and CEO of Batavia Downs Gaming & Hotel.

“If restrictions are lifted, then we will adapt as necessary with our concert setup. Tickets will go on sale once we have more guidance from the state about how we can safely conduct these events.”

Debuting this year will be a chair rental option. There will be 500 chairs available for rental for $5 each. All net proceeds for chair rental will benefit Make-A-Wish Western New York. Volunteers from Make-A-Wish will also be distributing foam drink holders in return for a donation.

“We are eager to welcome music lovers back to the facility,” said Ryan Hasenauer, director of Marketing for Batavia Downs Gaming & Hotel. “We’re looking forward to bringing musical icons back to Batavia Downs for all to enjoy.

"After not having shows last summer, we’re excited to finally launch our partnership with Make-A-Wish Western New York to help raise funds to help them transform lives.”

Other concerts will also be announced outside of the Fridays mentioned above. Ticket prices will vary based on concert and capacity. Each concert ticket is also redeemable once at Player’s Club in the three days following the concert for $10 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines.

Concerts are held rain or shine. Additional information may be found at www.BataviaDownsGaming.com.

GC has 14 new COVID-19 cases today, starting tomorrow all New Yorkers age 60 and up are eligible for vaccine

By Press Release

Data Update – 

  • Genesee County received 14 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
  • Ten of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Four of the current positive individuals are hospitalized.
  • We are very sad to report the COVID-related death of one of our county residents. The individual was over the age of 65. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.

Orleans County received two new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
  • The individuals are in their 20s.
  • Both of the newly positive individuals were under mandatory quarantine prior to testing positive.
  • Five of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the current positive individuals is hospitalized.

**********************************************************

Beginning March 10th, all New Yorkers 60 years and older will be eligible to receive the vaccine.

Public-facing essential workers from governmental and nonprofit organizations will be eligible beginning March 17th. This expansion includes public-facing essential building services workers.

Providers will be able to vaccinate any eligible New Yorkers, with the exception of pharmacies who will focus on individuals over the age of 60 and teachers, in line with federal policy beginning March 10th.

This is all subject to the availability of the vaccine to the providers. This new addition of more eligible residents still far exceeds the supply of vaccine received in our counties. Individuals who are eligible still must have an appointment in order to get a vaccine.  

To check for vaccination clinics in Genesee and Orleans counties please go to:  http://bit.ly/GOHealthVaccine 

For more information about the vaccine and access for those who are 60 and older who do NOT have internet access, please contact your respective Office for the Aging (OFA). For Genesee OFA please call (585) 813-2457 for COVID-19 vaccine assistance between 9 a.m. – 4 p.m. and leave a message if you get voicemail and someone will return the call.

For Orleans OFA please call (585) 589-3191 between 9:30 a.m. – 4:30 p.m. and leave a message if you get voicemail and someone will return the call.

The OFA offices can only assist with the clinic links as they are available. The system may experience slowdowns and crashing due to high volume. Please be patient and try again later.

Jacobs introduces bill to make it easier for dairy farmers to hire migrant workers

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) introduced legislation that would make the dairy industry eligible for H-2A temporary agricultural visas.

“As I have traveled throughout NY-27 and met with farmers, one thing that has become clear is the need for dairy producers to have access to a steady and legal workforce," Jacobs said. "Currently, dairy workers are not eligible for H-2A status because of the way the current law is interpreted by federal agencies. This simple legislation would fix an urgent need while Congress works on broader reforms to the H-2A program.”

The Dairy H-2A Eligibility Act would amend the Immigration and Nationality Act to include “dairy workers” as eligible candidates for H-2A temporary agricultural worker visa status. Employers are currently only eligible for H-2A nonimmigrant classification if they offer a temporary or seasonal position. Though H-2A workers are themselves temporary, dairy production has been interpreted to not qualify for these visas because it occurs year-round.

“Dairy’s workforce crisis is especially severe because dairy farms, which operate year-round, can’t use the H-2A program, which is seasonal," said Jim Mulhern, president and CEO of National Milk Producers Federation. "NMPF has fought for decades for H-2A access for dairy. "We thank Congressman Jacobs for stepping up and making ag labor reform a priority issue, and we look forward to continuing to work with Rep. Jacobs to address the workforce needs of dairy farmers in New York and across the country.” 

David Fisher, New York Farm Bureau president, said: "Agricultural labor reform has long been a New York Farm Bureau priority. We must address the seasonal and long-term needs of agriculture, including for the state's dairy farms that currently do not have access to a year-round federal guest worker program. We thank Rep. Jacobs for his efforts to fix a broken system and moving the conversation forward for the betterment of our farms and food system."

“The bottom line is that we need a migrant worker program that respects and enforces our immigration laws while providing farmers with the workforce that they need,” Jacobs said.

NY Farm Bureau President 'frustrated' that Cuomo has yet to make farmworkers eligible for vaccine

By Press Release

Press release:

The following statement can be attributed to New York Farm Bureau President David Fisher:

"It is frustrating that Governor Cuomo visited a location synonymous with New York agriculture, the State Fairgrounds in Syracuse, to announce the expansion of the state's COVID vaccine eligibility list, yet he still refuses to protect farmworkers by including them in the ongoing rollout of phase 1b.

The CDC recommends that food and agricultural workers be eligible for their own safety and that of our food system. It is time do what is right and prioritize the essential workers who help ensure New Yorkers have food on their tables."

Revised lease enables City of Batavia to buy time as it considers future of Evans Street ice arena

By Mike Pettinella

It seems as though the City of Batavia is playing somewhat “shorthanded” when it comes to the financial arrangements surrounding the operation of the Batavia Ice Arena on Evans Street.

On Monday night, City Council voted in favor of an extension and modification of its lease agreement with Firland Management, the firm that has managed the rink for more than a decade.

Negotiated changes call for the Virginia-based company to hold off on its lease payment of $25,000 to the city until Jan. 1, 2022, instead of the original due date of March 1 of this year, and also for the reduction of Firland’s contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

Additionally, the contract will be extended for two years through March 2023; Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23; and its capital fund contribution will be $5,000 annually for the next two fiscal years.

City Manager Rachael Tabelski said concessions were made because the rink was closed for several months last year, adversely affecting Firland’s bottom line. With the changes, the city has escaped (at least in the near future) the possibility of Firland walking away.

When the resolution came up for a vote toward the end of Council’s Business Meeting, Council Member Rose Mary Christian requested that it be amended to a one-year lease instead of two in order for the city to explore opportunities to find private ownership of the facility.

Her request, however, did not receive a “second” so the original resolution stayed on the table.

Council Member Robert Bialkowski said he understood what Christian was attempting to do, but pointed out that a one-year lease could come back to haunt the city.

“If we have a one-year lease and they have not paid the bulk of the money that was supposed to be paid the second year, we would really come up short on that,” he said. “I think this is the best we can do. We have to support it and that’s it.”

Council Member Paul Viele, a longtime youth hockey enthusiast, said he has observed that “Firland is doing a lot better job than they have in the past.”

“With people like Mr. (Robert) Gray (of the Friends of the Rink organization) helping out and volunteering – good things are coming,” Viele said.

Bialkowski said the only ice rinks making money are the ones backed by wealthy sponsors, and then brought up the naming rights to the rink (formerly known as the Falleti Ice Arena).

“I don’t think $500 should put your name up there for five years. That’s like giving that away,” he said.

Viele said the rink would make money “if you have more than one sheet, and that’s expensive to get another sheet.”

Earlier, during the public comments portion of the session, Gray encouraged Council to vote yes to the amended operating agreement.

The Stafford resident said that under the current lease, Firland had the option to extend the lease for another five years.

“Due to extenuating circumstances caused mainly by the COVID-19 pandemic and the fact that the rink was closed from March 17 to September of the last year, both parties agreed to the two-year lease,” he said. “A new section was also added for the first time that dealt with the sale of the facility -- in the event that the city sells the facility or transfers ownership of the facility.”

Gray said that the new lease isn’t perfect, but "it does give requested consideration to Firland for the late payment to someone who has operated the ice rink for the last 14 years. It will allow the rink to be operated for another two years instead of sitting vacant.”

“City Council recently approved the new lease for Dwyer Stadium that was agreeable to both parties. Why wouldn’t you do the same for the Batavia Ice Arena? I think the proposed lease serves both Firland’s interest and the interest of the City of Batavia. The Batavia Ice Arena is a productive community asset.”

He cited a 2018 Creek Park feasibility study that indicated the estimated annual use hours at 1,600, estimated annual attendance at 68,500 and estimated economic output at $2.3 million.

Gray then took a veiled jab at Christian, who previously said the rink (for hockey) was used only by the “elite.”

“These elite people are your neighbors, coworkers and friends, and are found in every ward in the city and almost every village in the county,” Gray said. "Many people also believe that GAHA youth hockey is the only user of the ice rink. This is not true. The Batavia Men’s Hockey League, both high schools, public open skate, figure-skating lessons and pickup hockey all pay to use the ice at the rink. GAHA currently pays $200 for a 50-minute session – that’s four dollars a minute.”

He then commended Council for hiring Tabelski as manager, saying he has met with her twice to implement a program for his organization that would allow volunteers to identify and complete rink improvements at no or low cost to the city.

USDA extends summer meal programs for all children through Sept. 30

By Press Release

Press release:

The U.S. Department of Agriculture (USDA) today announced the nationwide extension of several waivers that allow all children to continue to receive nutritious meals this summer when schools are out of session. These flexibilities are now available through Sept. 30.

USDA is extending these waivers to provide local program operators with clarity and certainty for the summer months ahead, when many children cannot access the school meals they depend on during the academic year. The waivers were previously extended only through June 30.

“We will do everything we can to make sure children get access to healthy, nutritious meals regardless of their families’ financial circumstances,” said Agriculture Secretary Tom Vilsack. “Our child nutrition professionals are doing a heroic job ensuring kids across the country have proper nutrition throughout this public health emergency, often times with limited resources.

"USDA is committed to providing local operators with the flexibilities and resources they need to continue offering the best meal service possible to their children, given their day-to-day realities.”

The waivers extended today allow for safe meal distribution sites that serve all children for free, regardless of income. In addition, the waivers:

  • Allow meals served through the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) – collectively known as “summer meal programs” – to be made available in all areas at no cost;
  • Allow meals to be served outside of the normally required group settings and meal times; and
  • Allow parents and guardians to pick-up meals for their children, including bulk pick-up to cover multiple days of feeding children.

Right now, up to 12 million children are living in households where they may not always have enough to eat. These critically needed summer meals will provide relief to many children in families who have been hard-hit by the COVID-19 pandemic and are fighting daily to put food on the table.

Summer meal sites are places where children and youth age 18 and under can receive meals at no cost in a safe environment. The meals are also available to persons over age 18 with mental or physical disabilities. Sites may be located in a variety of settings including schools, parks, community centers, libraries, churches and more.

USDA is issuing this guidance as early as possible to empower communities to establish as many meal sites as they can effectively manage this summer. To learn more about how the program works and the role of sponsors and meal sites, visit www.fns.usda.gov/sfsp/how-become-sponsor.

Mark Your Calendar: PCD Kiwanis Club's 14th annual Car Cruise and Fall Festival is Sept. 19

By Press Release

Submitted photos and press release:

The Pembroke Corfu Darien Kiwanis Club's 14th Annual Car Cruise and Fall Festival will be held on Sunday, Sept. 19 from 11 a.m. to 4 p.m. at the Pembroke Town Park (next to Pembroke High School, Route 77). Cars/trucks/motorcycles are all welcome.

Preregistration is $10 per vehicle prior to Sept. 12 or $15 the day of the event. Our goal is to have the majority of the vehicles preregistered.

An advantage of preregistering are that you are guaranteed one of our unique dash plaques for the first 100 cars registered.

There are trophy classes, goody bags and great music, food and raffles.

There will be a HUGE basket raffle for Crossroads House, and free train rides on the Trackless Train.

There will be the third annual Free Kids Car Cruise from 11 a.m. to 1 p.m. for kids 8 years old and younger.

Connect Life will be also conduct a blood drive. It's not too early to preregister for the blood drive at connectlife.org.

Craft, business and food vendors are welcome. Fee is $25 for 10' x 10' space and $100 for food vendors.

For registrations and applications, please go to www.pcdkiwanis.com

For car questions, please contact John at (716) 937-9918.

Vendors, please contact Penny at (585) 356-3413.

Questions, please email pcdkiwanis@gmail.com.

This event takes place rain or shine. COVID-19 guidelines will be followed. Activities subject to change.

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