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After some sprucing up and a few upgrades, the legendary Pok-A-Dot is ready to reopen after its long coronavirus-induced hibernation.

There are new tables inside that are more socially distanced, no seating at the counter, a dining counter outside, and soon, a walk-up window for takeout orders.

But the biggest upgrade, perhaps, isn't visible inside the favorite eatery of famous authors, visiting dignitaries, and TV show producers: you can now order your beef-on-weck or eggs-and-peppers-on-toast online.

The new website is pokadotbatavia.com.

The famously cash-only diner will now also take credit cards. There's fancy new computer equipment to handle all of these modern transactions.

The Pok-A-Dot has come a long way since friends Joe Marone and Phil Pastore decided 67 years ago to open a hot-dog stand hard against Route 63.

You can once again meet at the Dot starting at 9 a.m. tomorrow (Friday).

For all of our previous Pok-A-Dot coverage, click here.

Owners Phyllis Pastore-Beers and Leona Pastore.

Online ordering and curbside pickup are strongly encouraged.

Tim Beers

A 21-year-old Alden resident has identified himself to Sheriff's Office investigators as the driver of a car that struck a motorcyclist who was down in the roadway following a collision just before 9 p.m. on Friday in Corfu.

Alexander J. Wuerch has been charged with leaving the scene of an incident without reporting resulting in serious physical injury.

Investigators believe Wuerch was the driver of a 2012 Hyundai Tucson that struck Travis R. Hartloff, 26, of Attica.

Hartloff was driving a motorcycle southbound on Route 77 when a car ahead of him slowed to turn into an ice cream shop. Hartloff's bike reportedly struck the vehicle and Hartloff was thrown from the bike into the middle of the roadway.

Another southbound vehicle then struck Harloff causing serious physical injuries. He was flown by Mercy Flight to ECMC where he is in critical condition.

Wuerch turned himself in at about 5 p.m. today.

The charge he's facing is a Class E felony. He was issued an appearance ticket and released.

The incident remains under investigation.

Previously:

• Motorist fails to stop after striking motorcyclist down in the roadway on Route 77
• Deputies looking for 2012 Hyundai Tucson involved in hit-and-run accident in Corfu

Press release:

Commercial fitness-related facilities, gyms and indoor physical-activity-related classes in Genesee and Orleans counties will be allowed to reopen on Monday, Aug. 24th, announced Legislative chairs Rochelle Stein for Genesee, and Lynne Johnson for Orleans, today.

The guidelines apply to fitness activities and facilities -- including but not limited to standalone/hotel/residential/office/higher education institutions gyms and fitness centers, yoga/Pilates/barre studios, boxing/kickboxing gyms, fitness boot camps, CrossFit or other plyometric boxes, other fitness classes, dance studios, martial arts studios, spin, rowing, etc., -- will be allowed to reopen if they have completed the state requirements as noted below.

Each facility will be subject to a county health inspection within two weeks of their opening to ensure proper protocols are in place and adhere to State guidelines to protect customers and staff.

Although we are proceeding with limited guidance from the state, the Genesee and Orleans County Health Departments will begin inspections next week for fitness-related facilities and gyms as listed above that have completed the required documentation,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments.

Prior to reopening and inspection, gym owners and managers will have to adhere to the NYS guidelines which can be found on the NY Forward websiteand completing the following steps:  

1.   Develop a business safety plan.

2.   Have an HVAC inspection by an approved professional.

3.   Complete the affirmation for each facility location that they have reviewed and understand the New York State guidelines and will implement these protocols. Click this link for the affirmation statement and choose gyms and fitness centers.  

Once the business safety plan and air handling inspection are complete and an attestation form is submitted, Genesee and Orleans Counties will begin the process of scheduling inspections. These steps must be completed prior to scheduling an inspection. For Genesee County call (585) 344-2580, ext. 5555, and for Orleans County call (585) 589-3278.

“With our infection rate holding steady at or below 1 percent, we are confident we can reopen gyms and fitness facilities in a way that is both safe and responsible,” Stein said.

“Our counties are pro-business counties and we will support any business trying to open as best as we can," Johnson said. "I want to remind our residents and gym/fitness related owners that we are still in the midst of a pandemic. The tides may shift in this battle at any minute and we must do everything we can to prevent a second wave. So be smart, wear a mask, and follow all safety protocols."

Gym owners should monitor the New York Forward website to answer questions or learn of the latest updates.

Genesee County government leaders made the most of their 30 minutes with Rep. Chris Jacobs on Wednesday afternoon, informing the recently elected congressman of the major challenges they face in maintaining bridges, acquiring rural broadband and boosting the water supply.

Jacobs appeared at the County Legislature’s Committee of the Whole meeting at the Old County Courthouse, a session set up specifically bring him up to speed on pressing issues in Genesee County – one of eight counties comprising the 27^th District that he represents.

It includes all of Orleans, Genesee, Wyoming and Livingston counties and parts of Erie, Monroe, Niagara and Ontario counties. Jacobs won a special election on June 23 to fill the vacant seat, and was sworn in as a member of the U.S. House of Representatives on July 21.

County Manager Matt Landers, Highway Superintendent Tim Hens and Legislature Chair Rochelle Stein provided plenty of food for thought – letting Jacobs know about:

• “An unacceptable level of bridges that are headed in red flag status and in need of significant repair.”
• A lack of high-speed internet on some rural roads that “leaves us behind”;
• The “heavy lift” that is the estimated $75 million Phase 3 of the county’s plan to ensure an adequate water supply well into the future.

BRIDGES

Genesee County is unique, Landers said, in that it is one of a few New York counties that has the “sole responsibility” of maintaining all bridges in the county.

“That has been a burden on Genesee County for a long time,” he said. Throw in the fact that Genesee has regularly shared revenue with its municipalities, and the result are budgets that are “very tight and lean for years. As such, our infrastructure is suffering.”

Landers said that insufficient revenue sources have led to “an unacceptable level of bridges that are headed in red flag status and in need of significant repair.”

Hens said the county maintains 95 bridges of spans of at least 20 feet, with 60 percent of those on county roads and 48 percent of them being structurally deficient or obsolete. The county also is charged with the condition of several smaller bridges.

“Genesee County has been beating the drum for roads and bridges for probably 10 years now,” Hens offered, adding that the average age of the 95 bigger bridges is 65 years – the end of their lifespan. He said he foresees a “tsunami of bridges” coming at the county, all needing to be replaced at the same time.

Projecting to 2029, Hens said $29 million will have to be allocated in order to maintain those bridges, “assuming that we do get continual delivery of federal aid from our regional partners at DOT and FHWA (Federal Highway Administration).”

Federal emphasis in recent years on interstate highways and the impact of COVID-19 on local finances are additional roadblocks in this area, he noted.

“But it’s one that we continue to press forward, so whatever help you can provide us,” Hens said to Jacobs, adding that he has prepared spreadsheets to illustrate the county’s plight.

Jacobs replied by stating that a federal infrastructure bill is “long overdue” and added that rural broadband is a “critical” piece of that legislation.

Stein said the county is “not in the position where property taxes all have to go toward” bridges and infrastructure, but residents pay their property taxes with the expectation that infrastructure and public safety needs will be met.

Hens touted a philosophy of “streamlining project delivery” – doing more for less by being creative and using available materials and manpower.

To illustrate this, he shared that the county invested $70,000 into the restoration of a small bridge in the Town of Bethany, which ran through a large dairy farm. With the bridge closed, the farmer was incurring up to $1,000 a day to haul silage and hay around detours.

Hens said the county couldn’t wait for federal aid to come, so it turned the federal aid back and addressed the situation in house.

“We essentially will have the project done in seven weeks at a cost less than our 5 percent local share of just the design phase of the project,” he said. “If the county went with the federal plan from start to finish, it would have been a $1.6 million project. (Now) we’re going to have a new bridge in place that will last for 20 to 30 years for about $70,000.”

The congressman's response to that statement indicated he wasn’t sure if he heard Hens correctly.

“Seventy thousand?” Jacobs said. “Seventy thousand versus $1.6 million? (With COVID-19), we’re going to have issues with the debt and deficit. It’s not just that we have to cut doing things or not; we can do things more efficiently. If you take what you just did and extrapolated that throughout the country, can you imagine how much money that would be?”

Hens said that federal funding process comes with “strings attached” and usually is structured in a generic way – not looking at the actual project – and takes about 18 months from the design work through construction.

BROADBAND

While not a lot of time was spent talking about broadband capabilities, the message was clear.

Stein said lawmakers are aware of a huge project under way in the county to increase high-speed internet on rural roads, but there are still roads that are without broadband technology.

“That’s a problem for our schoolchildren, especially in COVID with the hybrid model of in school and out of school,” she observed. “That leaves us behind and we have to have an even playing field.”

WATER

“Public water has been the key to this community since the early 1990s, and we have progressed a spine-type background into our communities and we are at a junction right now where we’ve got to make the next big jumps,” Stein reported, adding that despite great strides some residents are without public water due to the high cost of infrastructure.

She said the USDA is “an incredible partner” but other funding sources must be found as the county’s water project moves into the next phases.

Landers outlined Genesee’s countywide water system that has the county acting as the overseer, with vital connections to the Monroe County Water Authority and the City of Batavia. He said the structure eliminates the need for small aquifers and wells in towns and villages.

“It’s a model that we’re proud of,” he said. “There are things we never would have envisioned, such as how cows love drinking public water,” he said, drawing some laughs. Because farmers and small towns have jumped on board, the “demand has increased more than we could have ever imagined.”

He said management is mapping out demands for the next 10 years or so, trying to stay a step ahead, and have forged contracts with all the municipalities and agreements with Great Lakes and Erie County Water Authority.

Calling it a complex arrangement that includes water user surcharges to help pay down the debt service, Hens said the county is embarking upon Phase 2 with a $30 million price tag, which will be followed by Phase 3 at an estimated cost of $75 to $83 million.

“Phase 3 which would generate enough water to replace the City of Batavia water plant, but also bring in about 17 million gallons of water from Monroe County and Erie County,” he said. “It’s a very heavy lift for us so any outside help we can get from our partners at the federal level, whether its USDA or Congress, would be greatly appreciated.”

Hens made note of the rising food processing industry in the county – an offshoot of agriculture.

“They’re tremendous users of water. So, for us, water is gold, and the more water we can get here for our residents to support jobs and industry, the better off we are,” he said.

AGRICULTURE AND STIMULUS

On other subjects, Jacobs said he was “thrilled” to be appointed to the agricultural committee by House Minority Leader Kevin McCarthy and reiterated his claim that Gov. Andrew Cuomo is holding on to $3 billion in federal stimulus funds.

Acknowledging that he has a lot to learn about the farming industry, Jacobs said he has met with local farm bureau leaders and wants to form an agriculture advisory roundtable to meet with him on a regular basis.

He said the roundtable will help him “to have a pulse of what’s going on in our district and also help me to have the right message when I’m at important stages like the budget process.”

Jacobs said he believes another stimulus bill will happen in September, and has signed onto legislation supporting local governments in the next stimulus bill. He then took another shot at Cuomo, urging the governor to release $3 billion from the first CARES (Coronavirus Aid, Relief, and Economic Security) Act.

“We need to push him to do his administerial job to get the money to the local communities,” he said.

Genesee County is preparing statements totaling nearly $100,000 for assessment services provided to towns and the City of Batavia in 2019.

The legislature’s Ways & Means Committee on Wednesday approved a resolution authorizing Kevin Andrews, director of real property tax services, to bill the municipalities for assessment rolls, tax rolls, tax bills, supplies, and assessment updates that were provided by the county in the previous fiscal year.

These “charge-backs” amount to $87,477 in services rendered and another $10,950 in licensing fees charged by New York State for specialized software “that assessors use to keep track of their assessment inventory and that we use to then produce assessment rolls, tax bills and tax rolls,” Andrews said.

Bills will be mailed to the towns and city in January, with the expense applied to their 2021 budgets, Andrews added.

The charge-backs and fees range from $3,336.83 for 1,107 parcels in the Town of Bethany to $17,715.23 for 5,531 parcels in the City of Batavia. The total number of parcels assessed was 29,159.

In another development, the committee authorized the appointment of Assistant County Manager Tammi Ferringer as the administration officer and to act as the Genesee County STOP DWI coordinator for the Genesee County STOP DWI Advisory Board.

The committee approved the following referrals from Monday’s Public Service Committee meeting:

• A consultant agreement with CPL Team of Rochester in an amount not to exceed $80,000 to develop Well C of the City of Batavia’s well fields on Cedar Street to increase the water supply during times of high creek water turbidity or during times of low groundwater that negatively impact Well A or Well B.

County Highway Superintendent Tim Hens said Well C could produce up to a million gallons of water per day – “almost as productive as Well A and B.” He said the emergency water situation in July prompted a meeting with city officials to expedite action to make Well C a viable option.

Hens estimated the total cost for construction, including cleaning, screening and re-casing the well, at $200,000 to $300,000.

• A change-order contract for $8,682.50 with Suburban Electric in Albion to install Transmission Control Protocol/Internet Protocol communication controls and fuel pressure sensors for backup generators at pump stations in Churchville and Mumford.

The pump stations are being constructed at those locations as part of Phase 2 of the Countywide Water Supply Program.

Hens said the change order was necessary so that the Monroe County Water Authority can monitor the generators remotely during emergencies.  The change order increases the total cost of the contract to $767,682.50.

• The appointment of Candace Hensel of Byron to the Genesee County Planning Board for a three-year term effective through May 31, 2023. Hensel owns the Byron Hotel and Trailhouse.

Armed with a petition of 1,100 signatures, Pavilion Town Supervisor Robert LaPoint (in photo) told the Genesee County Legislature this afternoon that the community he serves is galvanized to do something about what he says is a dangerous traffic situation in the vicinity of Pavilion Central School on Route 63.

“With the help of the school district, we put forth a petition just to see if there was interest in the community to try to address this issue and, in under a week, we had 1,100 signatures on that petition in support of it – which is just under half of the population of the Town of Pavilion,” he said. “There is definitely energy in the town to try to do something about this.”

LaPoint informed lawmakers of the situation during a Committee of the Whole meeting attended by Congressman Chris Jacobs at the Old County Courthouse Legislative Chambers. The meeting was set up to appraise the congressman with the county’s infrastructure needs, specifically bridges, water and high-speed internet access.

In Pavilion, LaPoint said the excessive amount of tractor-trailer traffic coming through the hamlet has created a hazardous condition, putting students, staff and parents at risk.

He said the amount of traffic on Route 63 coming from the north or the south past the school dictates how quickly school buses and cars exiting the school parking lots can pull onto the state highway.

“The elementary school is just off 63 on York Road and the high school and middle school are on Route 63,” LaPoint said. “The bus loops and the student parking lots exit directly onto Route 63. This is in a 35-mile-per-hour zone, but that seems like it’s an optional speed limit to many of the trucks that come through town.”

As a result, he said, the traffic flow “coming in and out of the school at various times of the day is a real challenge.”

LaPoint said he has spoken with state Department of Transportation officials, although “not in formal terms,” and understands that the DOT will have final say in any changes, such as traffic control devices or additional signage.

Noting that he would rely on road engineers for advice, he underscored that “everyone agrees it is a problem and a dangerous situation waiting to happen with our students, our faculty and our parents.”

When asked by The Batavian reporter what the petition stated, LaPoint said it “says we need to address the dangerous traffic conditions around the schools, and it goes into specifics about some of the challenges.”

“The elementary school doesn’t exit directly on to Route 63, but they’re 100 feet away. Over 50 percent of the cars exit the elementary school and attempt to turn, and it’s only a stop sign. The stop sign that terminates York Road, the cross street of Route 63 and then (there is) the bus loop; it’s like a continuation of York Road.”

LaPoint said he observes buses and cars backed up so far that they block all the parking lots.

“Everyone is stuck there waiting because without a timed traffic light, it’s just up to the traffic (on Route 63) to decide when you can go out,” he said. “And (it’s) because we have so many heavy tractor-trailers going down that road. To me, school buses and tractor-trailers don’t mix.”

Legislator Gary Maha asked LaPoint if the stretch near the school was zoned as a school district.

“It is not,” LaPoint answered. “It’s just a 35 (mph) right on through the hamlet. What they (DOT) told me was that without walkers and without a crossing guard … there was no way to get a school speed zone. We don’t have walkers or traffic safety crossing guard because it would be absurd to attempt to have students walking on that road. It would just be far too dangerous for us.”

Maha mentioned serving on the Route 63 Corridor committee led by Bruce Tehan about 30 years ago, and a study that looked at creating a bypass for trucks coming off or going to Interstate 390 and not using the Thruway.

“We found it would cost $1 million a mile (for a bypass),” Maha said.

LaPoint said the best option would be to have a flashing light put in at the intersection of Route 63 and York Road, one that could be activated during drop off times in the morning and at dismissal.

“We have an SRO (school resource officer) there, but I don’t know technically speaking how these things could be operated -- if an SRO could operate it,” he said. “I know he’s jumped out to direct traffic at various times because the flow situation can get so bad. It messes up the school, too. If their buses take an extra 10 minutes … then they’re not back in time.”

He brought up that transportation could become a bigger headache with the school entering into an in-school and remote learning schedule.

LaPoint also said he would like to see reduced speed all the way up to Route 246 about a quarter-mile to the southeast of the school, pointing out the difficulty at times of making turns from Route 246 (Perry Road) onto Route 63.

“What we have on 246 is a north-south road crossing at an angle, essentially double the size of road you’re trying to get across, when you try to clear that intersection,” he explained. “Not to mention that you need to square up to the road to see because there’s a blind hill there.

“When traffic is coming down above the speed limit, you can’t get across … and I’ve driven tractors and wagons across that intersection, and you do a sign of the cross and open it wide open and go. By the time you get across the road, you might be relying on somebody hitting the brakes that you couldn’t see before you left.”

On another front, LaPoint reported that the Town of Pavilion is “on the cusp” of building a new water tank to provide water service to the eastern and most of the northern part of the town, and that the town is hoping to add more water districts in the coming years.

While acknowledging that the Town of Pavilion would welcome any financial support for infrastructure, he was quick to thank the legislature for planning to make another revenue distribution to the county’s towns and villages.

Previous: Legislature set to distribute another round of payments to towns and villages.

“It really puts the proof in the pudding that when we started this whole thing (COVID-19), everybody was getting nervous,” he said. “The legislature is not trying to seize money. It is trying to be prudent at both the legislative county level and with all of our area municipalities. So, from the bottom of my heart, thank you very much.”

Photo by Mike Pettinella.

The Genesee County Legislature is preparing to make another round of voluntary payments – the third such distribution this year – to towns and villages.

Later this afternoon, the legislature’s Ways & Means Committee is expected to put its stamp of approval on a resolution to appropriate $2 million to 19 municipalities in the county.

These voluntary distributions became a lightning rod for debate among town and village administrators in late March after the county decided to suspend payments in light of the COVID-19 pandemic’s effect upon its revenue stream.

The legislature did authorize voluntary distribution payments to towns and villages on April 24 ($3.025 million) and on July 22 ($1.1 million).

County Manager Matt Landers said that the April distribution was money “originally planned, pre-COVID” while the July payment was made and the proposed current distribution will be made after “month-by-month reviews, recommendations and decisions going forward.”

The latest proposed payments (subject to a vote by the full legislature on Aug. 26) are as follows:

• Town of Alabama -- $79,106;
• Town of Alexander -- $81,708;
• Town of Batavia -- $341,998;
• Town of Bergen -- $98,996;
• Town of Bethany -- $82,082;
• Town of Byron -- $94,960;
• Town of Darien -- $197,872;
• Town of Elba -- $73,874;
• Town of Le Roy -- $165,332;
• Town of Oakfield -- $61,130;
• Town of Pavilion -- $109,162;
• Town of Pembroke -- $200,050;
• Town of Stafford -- $126,390;
• Village of Alexander -- $14,732;
• Village of Bergen -- $37,864;
• Village of Corfu -- $26,846;
• Village of Elba -- $21,500;
• Village of Le Roy -- $145,194;
• Village of Oakfield -- $41,204;
• Total Distribution -- $2,000,000.

In the 18 months since the announcement of a large scale, 280-megawatt Excelsior Solar Project in the Town of Byron, the principals involved have engaged in considerable posturing and legal maneuvering.

Excelsior Energy Center, a subsidiary of NextEra Energy Resources LLC, based in Vero Beach, Fla., is proposing to construct 1,600- to 1,700-acre solar electric generating facility under Article 10 of the New York State Public Service Law.

The Article 10 law directs the NYS Board on Electric Generation Siting and the Environment in regard to construction and operation of solar project larger than 25 megawatts.

Four steps are part of the Article 10 process:

• Public involvement program (informational meetings and open houses);
• Preliminary scoping statement (details of the project);
• Formal application to the siting board;
• Siting board decision (to issue or deny the certificate).

About a year ago, the Byron Town Board hired an attorney to navigate the process.

Byron Town Supervisor Peter Yasses on Sunday said the board is taking a “neutral approach” as it updates its solar ordinance prior to Excelsior Energy’s submission of its final application to the state.

“We’re trying to get our zoning laws in place so that it won’t impact the people so much,” Yasses said.

The Byron Town Board’s next scheduled meeting is Sept. 26.

NextEra Closes in on Application Filing

Keddy Chandran, project manager for NextEra Energy Resources, today said his company is finalizing its formal application and expects to submit it by the end of September.

“We’re sort of nearing the end of that process after having incorporated the thoughts and input from various folks in the Town of Byron, residents, leadership and the planning board,” he said.

Chandran noted that NextEra recently distributed an informational mailer to residents that reveals “the status of the project, the conceptual map of the project layout and answers some general, frequently asked questions that we come across.”

Meanwhile, an opposition group of about 140 members known as Byron Association Against Solar secured legal counsel in an effort to, according to its website, “protest the large solar and wind projects that turn our valuable farmland into solar or wind projects that support New York City.”

Yasses said the proposed project has divided the community.

“It’s like the politics we’re seeing (at the national level) right now,” Yasses said. “Some people are for it and some people are against it. Some people are neutral. The people who are against it are strongly against it, and the people who are for it are strongly for it.”

The supervisor said he believes the system eventually will become a reality.

Yasses: There’s No Stopping It

“This is (Gov.) Andrew Cuomo’s pet project and we were told by the experts, our attorneys, that there is no stopping it,” he said. “It’s always good to have an opposition group, but it’s coming.”

Just last week, the siting board responded to a letter from BAAS attorneys objecting to Excelsior Energy’s desire to “forego the two open houses prior to filing its application, which are part of the company’s Public Involvement Plan.”

BAAS took the stance that Excelsior Energy should hold off on filing the formal application until after in-person open houses are conducted.

Per the letter, BAAS was “concerned that Excelsior is using COVID-19 as an excuse to deprive the public of the opportunity to learn about the project in person.”

“This action also serves to deprive Excelsior of the opportunity to understand all local concerns … which should play a prominent role in Excelsior’s proposals for studies necessary to quantify the environmental and economic impacts of the Project,” attorneys wrote.

The siting board ruled that the “public information sessions be held, but for protection of the public and participants that the sessions be conducted online” and that ample notice be given of the dates and times of the virtual sessions.

BAAS Wants an In-Person Meeting

Eric Zuber, a Byron Town council member and BAAS spokesperson, said the town board wasn’t informed about Excelsior Energy’s intentions until a couple hours before its Aug. 12^th meeting.

“They put that notice out there at the 12^th hour. They want to have a meeting by video; we really would like to have it an outside public place – at the rec hall or in the parking lot,” he said.

Acting on the siting board’s ruling, Chandran advised that two virtual open houses will take place on Aug. 31, with times to be announced. He and other members of the NextEra team will be on the available via the web platform.

Chandran said that although the solar project will consist of 1,600 to 1,700 acres, only about half of that area will be covered by solar panels.

“There’s road spacing in between (so) the actual impact is far less than that,” he said. “We have been working with the community tremendously over the past year, taking some of the concerns of the locality into account.”

Specifically, Chandran said major tree stands will not be disrupted – “keeping the rural character and landscape the same,” he noted – and that "some of those tree stands will be connected with game trails to allow free movement of wildlife between clusters of trees.” He also said that space will remain for snowmobile trails.

“We think that it’s a great layout for everybody,” he offered.

Zuber: The Science Points to ‘Harm’

Beyond that, Zuber, owner of a large dairy farm, said the project will “take away the best land in this town.”

“I see all the railroad cars filled with garbage being shipped from New York City through our area, to be dumped to the east, and now they want to take our land,” he said. “They’re treating us worse than they treated the (American) Indians.”

Zuber, said that “the science” shows that the project will do more harm than good.

“The governor is for renewable, but the sad thing is if you really look at the science, and get really in depth, this project is actually bad for climate change. It will make more carbon than what it will prevent,” he said.

“People don’t realize, the corn crop in America produces more oxygen than what the Amazon does. Taking the good land out of production, and then they want to put these solar panels on, they’re going to have to burn 20 percent of the electricity to boost the voltage high enough to push it down an antique line that was put in in 1956. Scientifically, the whole thing is a bad project.”

Zuber said BAAS supports the smaller solar farms that are cropping up in the area – those that supply energy to the local grid – but “it’s these big monstrous projects that want to take the very best ground and pump electricity 300 to 500 miles, it’s just ridiculous.”

He compared it to transporting water through a hose.

“The best way to describe it is that moving electricity is the same as moving water. If you run a three-quarter inch garden hose from here to New York City and try to pump water to New York City, there’s only one way that you can pump it through the garden hose and that’s by taking it to a tremendous amount of pressure,” he reasoned. “And that’s what voltage is. To push that electricity with that voltage that far, it’s absurd.”

‘Constructive, Respectful Conversation’

Chandran, when asked about the challenges dealing with those who oppose the project, said, “I wouldn’t say that they’re challenges.”

“We’re always engaging the community regardless of whether there is opposition or not. We have heard their concerns, just as we have listened to everybody’s concerns. So, I wouldn’t call it difficult. It’s just natural and we want to continue to have constructive, respectful conversation with them,” he said.

Zuber said BAAS is seeking professionals to conduct an agriculture impact study – the effects of taking “the best ground out of production.”

“Excelsior doesn’t want to look at agriculture at all. This thing is a job killer. For every man working on a dairy farm, there’s nine jobs down the line. We’re not going to milk cows in this town anymore; it’s going to cost 400 to 500 jobs,” he said.

Chandran disagreed with Zuber’s assessment, stating that the project will support around 70 farmworkers on the five or six farms that have entered into land leasing contracts with NextEra.

“In helping to diversify their income streams, we’re helping to insure their operations can continue into the future, and that supports their jobs. It’s a really good thing for them,” he said. “Also, this project will be creating a tremendous amount of jobs in the area, and generating revenue for the local economy. I don’t know where he is getting that information, (and) I’m not going to Mr. Zuber’s math on that.”

No Begrudging the Farmers

Zuber, however, said he doesn’t “begrudge” the farmers who have signed on.

“They’ve offered them a ton of money, so they’re going to be rich. It’s a business decision for them,” he said, mentioning that Starowitz, Yunker, L-Brooke, My-T-Acres and Leaton farms are the primary beneficiaries. “But if you talk to any other farmer besides those, they’re against it. But, I don’t begrudge them. Hell, we probably should have signed up, took the money and got out of town.”

Zuber also brought up a matter of $98,000 to be split between the town and BAAS in “intervenor funding” that has yet to be received by either party.

“We were supposed to get that money four months ago,” he said.

The Town of Byron and BAAS appealed to the siting board in late July via their attorneys to halt the solar project until the funds were distributed by New York State. The siting board, however, ruled against them, writing “there is no reason to believe that the funds will not ultimately be disbursed.”

“Unlike a delay in disbursement which can be cured, if the siting board ultimately approves the project, a delay could have a financial impact on the project’s revenues and earnings that could not be cured. Accordingly, the motions of BAAS and the Town are denied,” the siting board determined.

Intervenor Funds Total $378,000

Chandran said that Excelsior has posted $98,000 to fund the costs of local parties and municipalities during the pre-application phase, and the project will further post $280,000 to fund the costs to review the application and participate in the Article 10 proceeding.

“Half of the funds are reserved for municipalities, which includes Genesee County and the Town of Byron. The other half of the funds are open to be disbursed to local parties, including without limitation, supporters, opposition and municipalities,” Chandran explained. “Funds must be spent on efforts to contribute to an informed decision as to the appropriateness of the site and facility, and the funds must be made available on an equitable basis in a manner which facilitates broad public participation.”

Disbursement of the funds is controlled by the Department of Public Service and the State Comptroller, he said.

On a separate front, Town of Byron’s lawyers in late July wrote to the state Department of Public Service, arguing that they had concerns over 18 of about 40 stipulations of the project’s Final Scoping Statement.

According to the letter, the issues focus on Excelsior Energy’s compatibility with local laws and existing community character, visual impact, and effects on the farm economy and the town’s archeological resources.

“Byron is fully prepared to litigate any and all issues related to these and other concerns,” attorneys wrote. “Unfortunately, to date, Excelsior has shown little interest in working collaboratively with the town or its residents to address these issues.”

Chandran mentioned NextEra’s significant investment into the project and its sponsorship of organizations and events in the community.

“We are employing people all across the state to work on this project – surveys on the ground, engineering, analysis and a tremendous amount of effort goes into designing a project of this nature,” he said.

NextEra Supports Local Endeavors

Over the last year, NextEra has made several donations, including a $10,000 gift to the Genesee County Sheriff’s Department’s K-9 program and, just last week, a $3,000 gift to the Town of Byron for a fireworks show.

“It’s just the way that NextEra likes to do business … we love to get involved in the communities where we are,” Chandran said. “Personally, I tutored a number of middle school kids (last summer) during the Genesee County Business Education Alliance Math, Science, Technology Camp. I taught basics of electrical engineering, brought solar panel kits and walked them through a set of lab exercises. We ended up donating those kits to them.”

Chandran said that after the application is deemed compliant, the siting board has 12 months to render a decision.

“There are a lot of mini-steps in between. (It will be) several months after that until we’re able to break ground. The project is planned to be commercially operational in Q4 (the fourth quarter) of 2022,” he said.

Previously, Chandran acknowledged that NextEra is seeking a PILOT (payment in lieu of taxes) with the Genesee County Economic Development Center “to direct revenues beyond what the land generates in its current use.”

Jim Krencik, GCEDC director of Marketing & Communications, said his agency is “actively engaged on behalf of Genesee County and the Byron-Bergen School District, along with the Town of Byron, to negotiate a PILOT for the proposed Excelsior Solar project."

Chandran expressed his elation in bringing such a project to the Town of Byron.

“We’re excited to bring the benefits and more, including all the jobs it’s going to create and benefits to the locality,” he said. “We’re looking forward to continuing the conversation with everybody who would like to have one, including the residents of the Town of Byron, leadership and even the opposition.”

Paul William Tuttle, 49, of Route 237, Byron, is charged with: second-degree burglary; fourth-degree criminal mischief; and petit larceny. At 4 a.m. on Aug. 17 Tuttle was arrested following an investigation. It is alleged that Tuttle damaged and stole property after entering a residence unlawfully on Sautell Road in Bergen at 7:30 a.m. on Aug. 16. He was virtually arraigned at Genesee County Jail on behalf of Bergen Town Court and released under supervision of Genesee Justice. He is due in Bergen Town Court on Oct. 5. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kevin Forsyth.

Melissa Dawn Woods, 39, of South Main Street, Oakfield, is charged with fourth-degree stalking. On Aug. 16, Woods was arrested after a harassment complaint alleging that she stalked someone at 6:30 a.m. on Aug. 14 on Alleghany Road in Alabama. She was arraigned in Batavia City Court and released on her own recognizance. Woods is due in Alabama Town Court on Sept. 28. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brice Addison Lehtonen, 23, of Fargo Road, Corfu, is charged with: aggravated driving while intoxicated; DWI; failure to keep right; moving from lane unsafely; and refusal to take a roadside breath test. Lehtonen was arrested at 2:13 a.m. Aug. 15 on South Lake Road in Pembroke following an accident investigation. He allegedly drove while intoxicated and went off the roadway on South Lake Road. He was issued an appearance ticket for Pembroke Town Court and is due there Sept. 30. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Ryan Young.

Gage Scott Oliver, 28, of Griswold Road, Bergen, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and having an inadequate headlight. Oliver was arrested following a traffic stop on Route 19 in the Town of Le Roy at 9:52 p.m. Aug. 16. He was issued traffic tickets returnable to Town of Le Roy Court on Oct. 6. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy David Moore.

Just Kings, a newly formed organization dedicated to achieving equality and racial justice in Batavia and Genesee County, today said they plan to submit a letter to Interim City Manager Rachael Tabelski to have a representative on the City’s Police Advisory Stakeholder Group.

“We have discussed this at length and have talked to Chief (Shawn) Heubusch about it, and would like to participate,” said Victor Thomas, adding that he has been selected by Just Kings’ 10-member board of directors for consideration by city leaders.

If chosen, the 36-year-old Thomas, a lifelong Batavian, would be one of six citizen members on the committee, which is being formed in response to Gov. Andrew Cuomo’s Executive Order No. 203.

Just Kings was instrumental in conducting a peaceful March for Justice in downtown Batavia on June 7 and held a community Juneteenth celebration at the YWCA on June 20.

They are hosting a drive-through cookout, offering BBQ chicken or pulled pork dinners, this Saturday from noon until sold out at 25 Harvester Ave. The cost is $12.

Thomas said that he is encouraging people of color to submit a letter of interest to fill other slots on the advisory group.

One person of color already appointed to the group is Batavia City School District Superintendent Anibal Soler Jr.

"Well, I think I do add some diversity to the group. I'm a Latino, bilingual ... I'm not what the perception would be, another Caucasian male," Soler said. "So I think I will bring some of that diversity, to the credit of the police chief to make sure that I'm on this group -- representing the school district and our kids of color."

Soler said that growing up as a Latino male in the City of Rochester, he carries "some experiences with law enforcement that I've had that hopefully can help the group do its work better."

He shared that people of color -- biracial, Asian, African-American and Latino -- comprise about 25 percent of the student population in the Batavia City School District.

The executive order, “New York State Police Reform and Reinvention Collaborative,” stipulates that police departments must adopt a plan by April 1 to be eligible for future state funding.

It includes wording that stakeholders should include “but not (be) limited to membership and leadership of the local police force, members of the community with emphasis in areas with high numbers of police and community interactions, interested non-profit and faith-based community groups, local office of the district attorney, local public defender and local elected officials.”

Toward that end, Tabelski issued a press release about an hour ago declaring that the City of Batavia will add four additional community members, increasing the number of residents from two that were on the original list of stakeholders to six.

Tabelski said the city will strive to ensure proper representation for all.

Per the press release, “The advisory group will open dialogue and add value to the relationships between City government employees, the police department and community residents,” Tabelski said. “As we move forward, the stakeholder meetings will be open for the public to attend, while adhering to COVID-19 protocols.”

Heubusch, in the release, said he is looking forward to starting the process and engaging with citizens in the community.

“The City Police Department is comprised of men and women who take the job of protecting and serving our community very seriously,” he said. “We all look forward to working with the stakeholder group to improve our already robust service and training.

“All individuals should be held to the same standard. No one is above the law; whether civilian, law enforcement or government official and those that break the law should be held accountable.”

With this expansion, the Police Advisory Stakeholder Group will now consist of 19 members, including:

• City Manager;
• Police Chief;
• Assistant Police Chief;
• City Attorney;
• One City Council member;
• Six citizen representatives;
• Batavia Housing Authority Director;
• Director of a not-for-profit that serves human interests (e.g. YWCA);
• District Attorney representative;
• Public Defender representative;
• Batavia Police Benevolent Association representative;
• Batavia City School District Superintendent;
• Community religious leader;
• Business leader representative.

Furthermore, Tabelski said the stakeholder group will help identify recommendations for more effective strategies, policies, and procedures to better serve all residents within the City of Batavia. This plan will be developed over the fall and winter, and must be adopted by the City of Batavia by April 1 per Executive Order No. 203.

Citizens interested in being a member of the Police Advisory Stakeholder Group should send their name, phone number, address and email address to the office of the Interim City Manager, Rachael Tabelski. Address: City of Batavia, One Batavia City Centre, Batavia, NY 14020 or via email:  rtabelski@batavianewyork.com.

The Genesee County Office of Emergency Management Services distributed more than 100,000 masks and nearly 22,000 2-ounce bottles of hand sanitizer through June 30 in its efforts to prevent the coronavirus from spreading.

In a departmental review presented to the Genesee County Legislature’s Public Service Committee today, EMS Coordinator Tim Yaeger (pictured above) reported that his office assisted about 250 agencies, “which then touched about another 100 agencies" from March 16 through June 30.

Yaeger said supplies went to first responders, churches, for-profit agencies, nonprofit agencies, and other organizations as it was “tasked upon us” during what he called a “difficult time.”

According to his report, the Personal Protective Equipment supply distribution was as follows:

• N95 masks -- 8,412;
• Surgical masks -- 66,636;
• Cloth masks -- 48,354;
• Gloves -- 65,300;
• Hand Sanitizer (gallons) -- 605;
• Hand Sanitizer (2 oz.) -- 21,996;
• Thermometers -- 150;
• Gowns/Tyvek Suits -- 1,275.

His report also indicated that the Emergency Operation Center, activated in response to COVID-19, was staffed on Monday through Friday, monitored on the weekend and manned by the department’s full-time staff with assistance from deputy fire coordinators and county fire instructors.

Hours of operation started at 12 per day before being reduced to nine per day during the final month.

He credited his employees, (Deputy Coordinator) Bill Schutt, Gary Patnode and Jeanette Diehl, for pulling together as a team, and noted that first responders in the community were understanding, “very, very cooperative, and everybody got through this.”

Yaeger reported that staffing of volunteer fire and emergency management services personnel throughout the nation, including Genesee County, is at a “critical level making it many times unlikely to provide the manpower necessary to respond to emergency situations.”

With that in mind, he said that a Volunteer Services Task Force at the county level has been established to address this issue. Several meetings have taken place to look at viable solutions and funding avenues.

He believes that the best option for emergency services is a “hybrid; volunteer/career, paid/unpaid, staffed/unstaffed, local/county system.”

His report indicates that qualified staffing needs to be available when mobilized, and hopes that the task force would come up with an effective plan.

“We need to find a better system that we have today,” he said.

Yaeger also reported on other aspects of his department as follows:

• Nineteen of 20 jurisdictions (the Town of Alexander being the exception) have signed onto the county’s Hazard Mitigation Plan, which serves as a “blueprint for reducing the county’s vulnerability to disaster and hazards.”

Adopted in 2009, the HMP is a required guide for municipalities to be eligible for any state and federal mitigation funding. The updated County HazMat plan was approved by the legislature in October 2019.

• Three new deputy field coordinators have come on board in the past 16 months – Brian Schollard, Dan Coffey and Chuck Dodson.

In a related development, the PSC approved the acceptance of a State Homeland Security Program grant in the amount of $109,781 in connection with the Federal Emergency Management Agency.

The bulk of the award ($82,336) will be appropriated to the Emergency Management Office operating budget to be used to develop regional partnerships, citizen preparedness efforts, cybersecurity programs, information-sharing capabilities and planning.

The remainder will be directed to the Genesee County Sheriff’s Department for law enforcement terrorism prevention initiatives.

Photo by Mike Pettinella.

Investigators believe the person driving a vehicle that ran over a motorcyclist down in the roadway on Route 77 in Corfu on Friday night was driving a 2012 Hyundai Tucson.

The photo is a stock image and not a photo of the actual vehicle.

The car may have sustained some front-end damage and probably has significant under-carriage damage. 

After striking the motorcyclist, the vehicle continued southbound on Route 77 before turning westbound on Route 33.

Travis R. Hartloff, 26, was transported by Mercy Flight to ECMC, where he remains in critical condition.

Hartloff was driving a 1983 Yamaha southbound behind a 2009 Honda Pilot and was unable to stop in time when the Pilot slowed to make a turn into an ice cream shop at about 9 p.m. After striking the vehicle, Hartloff was thrown from his motorcycle and he landed in the middle of the roadway.

He was run over by a third southbound vehicle, which is believed to the 2012 Hyundai Tucson.

Anybody with information that may assist in the case is asked to call the Sheriff's Office (585) 345-3000.

Unlike the process used during New York’s four phases of business reopening – where all decisions were in the governor’s hands, local governments will have a say in the way gyms can finally welcome back customers after five months of a COVID-19-generated shutdown.

Gov. Andrew Cuomo today announced that gyms can reopen as soon as Aug. 24, but only at 33-percent capacity and with masks to be worn by everyone inside at all times.

However, “localities” will have a role, the governor said, in that local elected officials and health department leaders will be able to make some decisions. Furthermore, health departments will be required to inspect the facilities either before opening or within two weeks of reopening.

He didn’t share more details – a fact not lost upon Genesee County Legislature Chair Rochelle Stein.

Speaking at today’s Public Service Committee meeting, Stein wondered aloud what code the health department should be using when doing the inspections and asked whether the gyms could hold classes.

“There may have to be a conversation in regard to gyms and with (county Public Health Director) Paul Pettit,” Stein said.

She said that it looks as though “new powers” are being given to the public health director, and hoped that a “checklist or template” would be made available by the state to assist members of the Finger Lakes Region control room.

“This is just seven days away from today,” she said.

County Manager Matt Landers said the county has the right to “delay classes indoors” and to delay the openings of gyms until Sept. 2 although he doesn’t expect to go down that road.

A state requirement to have MERV13 air filters* installed in all gyms could pose a problem for fitness centers housed in older buildings.

Landers said he is realizing there are more gyms in Genesee County than he thought, with four or five in Le Roy alone.

“There will be a lot of fun stuff over the next couple weeks,” he said, implying there is plenty of work ahead.

Movie theaters continue to be on the outside looking in as no announcement was made on their reopening.

“Maybe movie theaters should file a lawsuit and then they’ll be able to open. That seems to be how it works,” Stein said, alluding to the fact that more than 1,500 gym owners filed a class-action suit last week against the governor for not lifting his closure mandate.

*From Wikipedia: MERV is the acronym for Minimum Efficiency Reporting Value, a measurement scale designed in 1987 by the American Society of Heating, Refrigerating and Air-Conditioning Engineers to report the effectiveness of air filters. 

Press release:

• Genesee County received two new positive case of COVID-19, for a total of 272 positive cases.
  • Two of the previous positive cases reported last week were rescinded due to lab errors.
  • The new positive cases reside in Stafford and Alexander.
  • One of the positive individuals is under age 20 and one of the positive individuals is in their 30s.
  • One of the individuals was on mandatory quarantine prior to testing positive. One of the individuals was on precautionary quarantine prior to testing positive.
  • Twenty-seven new individuals are on precautionary quarantine due to travel from restricted states.
  • Three of the previous positive individuals have recovered and have been removed from mandatory isolation.
  • Two of the positive individuals are hospitalized.
     
• Orleans County received three new positive cases of COVID-19, for a total of 282 positive cases.
  • The new positive cases reside in Kendall, Shelby and Carlton.
  • One of the individuals is in their 30s and two of the individuals are in their 40s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • One of the previous positive individuals has recovered and has been released from mandatory isolation.
  • Eighteen new individuals are on precautionary quarantine due to travel from restricted states.

Bowling center proprietors have crossed one giant hurdle, finally convincing Gov. Andrew Cuomo that they can reopen their establishments safely, but now they face another significant challenge in figuring out how to run their leagues.

On Friday, the governor announced that centers will be allowed to reopen starting this Monday – good news for managers who rely on the weeks before Labor Day to determine the strength of their leagues and recruit new bowlers.

However, with the mandate to limit capacity to 50 percent and to keep every other lane closed due to social distancing, deciding where and when leagues will be able to bowl when they begin in early September likely will take on the look of musical chairs.

Normally, league opponents are set up to bowl on two adjoining lanes – lanes 1-2, for example – and to alternate lanes for each frame over the course of their three-game match.

In the first game, the team starting on lane 1 would bowl frames 1, 3, 5, 7 and 9 on lane 1 and frames 2, 4, 6, 8 and 10 on lane 2. The alternating pattern would continue through the next two games.

Rule Changes Allow Bowling on One Lane

Fortunately, several weeks ago the United States Bowling Congress, the governing body of the sport, temporarily waived USBC Playing Rules 106a, 106b, 320a and 320b, which state two lanes must be used for competition and bowlers must alternate lanes – bowling five frames on each lane of the pair.

The USBC also waived the requirement that both lanes must be used for a bowler to be eligible for awards and average recognition.

Those rule changes open the door for leagues to continue, but league bowling teams are going to have to be flexible and be willing to bowl on just one lane until the time comes when Albany loosens the limitations on lane usage and capacity.

“It’s tough,” said Mike Sputore, manager of the 24-lane Mancuso Bowling Center in Batavia, which plans to open on Aug. 24. “We’ve come up with a couple thought processes, but there’s no perfect plan … bowlers are going to have to work with us.”

Sputore said the only fair way to get the ball rolling is to “offer all of our leagues an opportunity to have a meeting and gauge the total number of league bowlers willing to still bowl (considering the restrictions).”

“One of our thoughts is to run double shifts for all the leagues, for instance, our Tuesday league that bowls on lanes 1 through 10 would be able to have five teams bowl on that first shift – maybe go odd (team numbers) the first week and even (team numbers) on the second shift,” he said. “That’s the only fair way to allow all of the teams to participate.”

Will League Bowlers Start Earlier?

He also said the weekly starting times could be moved up, so instead of the league starting at 7 p.m., it would be willing to start around 5:30. That way the second shift would be able to begin around 7:30 or 8 p.m. – the exact times determined by the number of bowlers on each team.

Sputore also said an option could be to have all the bowlers in one league bowl on the first shift on the first and third weeks of the month, and another league scheduled for that particular night having the first shift on the second and fourth weeks of the month.

That way, all members of a 12-team league, for example, would be able to bowl at the same time, but spread out over the 24 lanes, skipping every other lane.

Mancuso’s has the most lanes of all the centers serviced by the Genesee Region USBC, with other “larger” centers being Medina Lanes (20), Oak Orchard Bowl in Albion (18) and Livingston Lanes in Geneseo (16).

Finding something that works at the smaller centers will be all the more difficult.

Eight Isn't Enough

“I’m really hoping that the guidelines change again by the time we start our leagues,” said Bob Santini, proprietor of Mount Morris Lanes, which has eight lanes and a full weekly schedule of leagues, including two with five members per team. “If we have to go every other lane, it’s going to be tough.”

Santini, like Sputore, mentioned the first and second shift notion, but bemoaned the fact that the second squad of a five-person league wouldn’t finish until around 11 p.m.

He said the other option would be to allow half of a particular league to bowl on week one of the month, and the other half of the league to bowl on week two of the month. However, that would reduce the number of sessions for each group to 16 (for a 32-week league), effectively cutting his income in half.

“There’s two options and neither one of them are very good,” he said.

Santini also wondered if the requirement out of Albany that everyone has to wear a face covering applied when the bowler is actually on the lane, making his or her delivery. He mentioned that masks aren’t required when people are sitting down at a table eating.

“We’ve had two league meetings thus far and for the most part, everybody’s good with everything, except the masks,” he said.

The other Genesee Region USBC bowling centers with certified leagues are Rose Garden Bowl in Bergen (8 lanes), Paris Lanes in Oakfield (12 lanes), Perry Bowling Center (8 lanes), Letchworth Pines in Portageville (12 lanes), and Legion Lanes in Le Roy (8 lanes).

Waiting for More Guidelines

Doug Bohannon, of Glens Falls, president of the New York State Bowling Proprietors Association, said he is waiting for further details on the guidelines, including if face coverings have to be worn at all times.

“I know in Texas you have to wear a mask even when you’re bowling, and Florida it might be that way, but all the states surrounding us, you don’t have to wear the masks when you bowl,” he said. “The state has let us open, but they really haven’t given us the full set of rules yet.”

As far as all the requirements, Bohannon said proprietors will just have to make it work.

“It’s much better than staying closed,” he said. “If everybody just keeps doing what they’re doing (in terms of health and safety protocols), I think we will see a loosening in the restrictions.”

Other guidelines for bowling centers include: social distancing required at all times; bowlers need to stay at their assigned lanes; thorough cleaning and disinfection of shared or rented equipment between each use will be required; and all food service must follow all state-issued guidance.

Investigators are looking for information on a vehicle that struck a motorcyclist who was down in the roadway last night on Alleghany Road in Pembroke following a collision involving another vehicle. 

The vehicle that struck the motorcyclist, believed to be a Hyundai sedan, fled the scene southbound.

Travis R. Hartloff, 26, of Attica, was seriously injured in the accident and transported by Mercy Flight to ECMC.

The initial investigation indicates that Hartloff was northbound on Route 77 just before 9 p.m. when a vehicle in front of him slowed down to make a right-hand turn into the parking lot of an ice cream shop.

His 1983 Yamaha motorcycle struck a 2009 Honda Pilot driven by Garrett A. Stevenson, 20, of Clarence. In the vehicle with Stevenson were Samantha P. Kolbert, 18, of Cheektowaga, and Hope E. Stevenson, 17, of Clarence. None of the occupants of the Pilot were injured.

After Hartloff's bike struck the Pilot, Hartloff was thrown from the bike and he fell in the middle of the roadway.

Anyone with information that might help identify the driver and the vehicle that struck Hartloff are asked to contact the Sheriff's Office at (585) 345-3000.

The cause of the accident remains under investigation. 

The accident is being investigated by Sgt. Andrew Hale, Sgt. Jason Saile, Investigator Joseph Loftus, Deputy Kyle Krzemien, and Deputy Brock Cummins. 

Assisting at the scene were State Police, Corfu Fire Department, Pembroke Fire Department, and Mercy EMS.

(initial report)

Photos by Alecia Kaus/Video News Service.

While no longer on the payroll, outgoing Genesee County Manager Jay Gsell gave himself a new title as he bid farewell this afternoon at a ceremony attended by about 50 dignitaries, current and former legislators, local government colleagues and friends in front of the steps of the Old County Courthouse.

Gsell, directing his remarks to City Council members Eugene Jankowski Jr. and Kathleen Briggs, said that “Geno, since I walk the streets of Batavia on a regular basis, I’m on weed patrol now. So, Kathy (Briggs) you don’t have to worry about sending the city crews out. I’ll take care of this side – you get them to just do the Southside, and we’ll be good.”

The 45-minute event marked the end of a 27-year (actually 26 years and 364 days) career as the county’s chief administrative officer – a tenure that saw the county grow exponentially under Gsell’s guidance, energy and optimism.

After the presentation of proclamations, commendations and gifts, Gsell and his wife, Ann Marie, led a balloon launching, which served as a touching tribute to their daughter, Claire, who passed away in March 2009 at the age of 27.

“It was going to be her 28^th birthday (on Sept. 6), so we decided that every year we would put 27 balloons out,” Gsell said. “In this case, we’re going to do it now. We figured why not, this is our favorite place.”

Getting 'Guidance' from Mary Pat

In a four-and-a-half-minute speech that capped the festivities – remarkably short for the effusive New Jersey native, Gsell talked about his daughter’s driving experiences, recalled meeting (the late legislator) Florence Gioia when he was about to be hired in 1993, expressed his pride in the team that leads the county and assured all that he and Ann Marie were in Batavia to stay.

“As it turns out, her (Claire) consistent guidance at Batavia High School was (guidance counselor) Mary Pat Hancock, and we always knew when we got a phone call, it was because Claire had gone to her first before coming to us with regard to what was or was not appropriate – including wrecking a car and also hitting somebody else in the parking lot. In fact, I think it was B.R. DeWitt’s wife,” Gsell remembered.

Hancock was the legislature chair when Gsell was hired and was one of today’s guest speakers, along with U.S. Congressman Chris Jacobs, State Sen. Michael Ranzenhofer, State Assemblyman Stephen Hawley, City Council President Jankowski, NYS Association of Counties President Jack Marren, current Legislature Chair Rochelle Stein and former Legislature Chair Robert Bausch.

Gsell said Claire went to Hancock first “to break the ice” before informing them of what had transpired.

“And, also, Rosalie Maguire, our insurance agent (who also was in attendance) had to keep changing the cars that were in our portfolio because Claire went through six cars in five years at one point,” he said. “She never got hurt except when one of our sheriff’s (deputies) had to actually pull up to her on Dodgeson Road and her car was facing the opposite direction from where she was headed to Darien Lake to work out there.

“She went to avoid a squirrel and ending up wrapping herself around a tree. So, needless to say, Frank Falleti (of Falleti Motors) was also our best friend as far as cars were concerned.”

Teamwork: 'It's How I was Raised'

Gsell said he knew he made the right choice when taking the Genesee County job – “the teamwork and cooperation, and how we get things done. This is really what I wanted to do. It’s how I was raised and also we as a group … things are in good hands with Matt (Landers, his successor); Vicki (Muckle, executive assistant to the county manager), and Tammi (Ferringer, recently appointed assistant county manager).”

As far as life after retirement, Gsell said “we call this home.”

“People keep saying, ‘So where are you going next? When’s the for sale sign (going up).’ There’s no for sale sign. The house is paid off, the dogs are happy, Ann Marie is reasonably happy except when I get anywhere near the television or the remotes, and as far we’re concerned, Genesee County and the City of Batavia are home, plain and simple,” he said.

Ann Marie took a few minutes to affectionately “roast” her husband, rattling off a number of his idiosyncrasies, including his technological impairment when it comes to Wi-Fi and TV remotes – “We call his TV chair the handicap parking spot,” she joked – and compulsive clearing of the dishes before people are done eating.

On a serious note, she went back 44 years ago when she was a single mother.

“I was a single mom with a 2 ½-year-old son and I couldn’t have chosen a better dad for my son,” she said, speaking of Christopher, who lives in Brooklyn.

Now It's on to the Next Chapter

Jay Gsell acknowledged that things will be “different come Monday, for the first time in 46-plus years.”

“And I’m not sure how I’ll react to that, but I think I will find a way,” he said. “And I know there are certain things like United Way and Rotary (Club) and also HomeCare & Hospice that will keep me busy at least on a volunteer basis.”

In closing, Gsell, who turns 69 on Saturday, said it was an honor to serve in Genesee County and the City of Batavia.

“We’re still going to be here, just know that – and again I can’t thank you enough,” he said. “It has been an honor and a privilege to work for this public sector government here for pretty much more than half of my career. So, thank you, thank you and thank you.”

Tributes from State, Local Lawmakers

• Marren presented Gsell with a mirror, coffee cups and a T-shirt with the words “Whisper words of wisdom … Let it be” on the front.
• Ranzenhofer mentioned Gsell’s expertise in working on the county water project, and extended the hope for “a great retirement with days filled with pleasure and joy.”
• Jacobs congratulated him on his “career of service in professional governing and the many other things you do for the community.”
• Hawley harkened back to the “Men of Rotary” calendar before saying that “no one has given more service to the Rotary Club and to the community than Jay Gsell. ... The guy is a workaholic … and an asset to the community,” he said.
• Jankowski said he will miss Gsell’s “enthusiasm and energy” and thanked him for helping the city whenever it needed help.
• Stein, calling it a special day for us, said “we all appreciate who he is and all he has done for our lives,” noting that Gsell served under six legislative chairs and 39 different legislators. “He wore us down with his enthusiasm and ability to keep going,” she said.
• Hancock recalled realizing Gsell’s professional experience, education and moral fiber during the interview process, “but we had no idea about the energy. ... He certainly was the man for the job, and he put his heart and soul into it,” she said, adding that she hopes Gsell starts his retirement with a nap.
• Bausch applauded Gsell for moving the county forward, mentioning Genesee Community College, the County Court Facility, Genesee County Airport, bringing water into the county and overall economic development.

Previously: Jay Gsell, 'Dean' of county managers, enters final week of his distinguished career

Photo at top: Jay and Ann Marie Gsell standing next to a chair, specially hand-painted for the occasion by Batavian Ed Leising; Photos at bottom in order -- Gsell (at right) and others releasing balloons in memory of the Gsell's daughter, Claire; U.S. Congressman Chris Jacobs congratulating Gsell; Batavia Police Chief Shawn Heubusch, left, and Fire Chief Stefano Napolitano sharing a moment with Gsell; Assemblyman Stephen Hawley and Mary Pat Hancock with the Gsells and the flowers presented to Ann Marie.

Photos by Mike Pettinella.

Gov. Andrew Cuomo today said that bowling centers will be allowed to reopen starting Monday.

"Bowling is back, now let's back bowling," proclaimed Randy Hanks, proprietor of Oak Orchard Bowl in Albion, upon hearing the news that bowling center owners have been waiting for since the middle of March. Hanks said he plans to open his establishment on Aug. 21.

Cuomo said that center proprietors will be required to limit capacity to 50 percent and bowlers will have to stay at their assigned lanes, Cuomo said. Additionally, it is being reported that everyone must wear face coverings and every other lane must be closed.

Food and alcohol service will be permitted, but only by wait service at individual lanes.

In a telephone briefing with reporters, published reports indicated that Cuomo said, “They (servers) come to you. You don’t go to a bar. They come to you.”

A spokesman for Gov. Andrew Cuomo advised Chris Jacobs to “take a course on basic math” after the freshman congressman on Thursday accused the governor of sitting on $3 billion of unspent federal stimulus money that is intended to help New York state counties, cities, towns and villages.

“I know he just got there, but clearly the congressman should take a course on basic math and budgeting because in about 120 days the state spent $2.2 billion on COVID-19 expenses, nearly half our allocation, and simple math would tell you we’ll spend it all by the end of year,” Deputy Communications Director Jason Conwall said.

Conwall said the money is going for personal protective equipment, food banks and coronavirus testing efforts.

“This is just misdirection by a congressman who knows Washington has yet to deliver and will ultimately determine the depth of the state’s spending reductions and how damaging they will be to the schools, hospitals and our most vulnerable neighbors that are supported by the state,” Cornwall added.

Earlier in the day, Jacobs issued a statement indicating that Cuomo is “hoarding” the CARES Act funding that was intended to help local governments, and wants to see stronger language in any additional stimulus legislation to demand greater accountability in the utilization of these funds.

“This is taxpayer’s money intended to help people during this crisis; it is not the governor’s personal ‘piggybank,’” Jacobs said.

Jacobs said he was “shocked” to learn that New York has spent only 42.3 percent of the $5.1 billion in CARES Act funding. An additional $2.1 billion was allocated to seven large municipalities, including Erie and Monroe counties, which received $160 million and $130 million, respectively.

According to Genesee County Manager Jay Gsell, the state’s 50 other counties did not qualify for any of the CARES Act money, other than funds to help offset Medicaid expenses and to reimburse specific agencies for COVID-19 costs.

The CARES Act was set up to compensate states and municipalities that had populations of at least 500,000 or that met Community Development Block Grant requirements.

“We got our FMAP (Federal Medical Assistance Percentages) money – reducing our Medicaid weekly shares by $24,000 well into next year – and about $100,000 for the Office for the Aging and health department,” he said.

Gsell continues to urge the federal government to pass another stimulus bill, this time with funding for local governments. Today is the final day of his 26-year, 364-day career as the county’s chief administrative officer.

He also said there’s no guarantee that the state will release any of the $3 billion that Jacobs says is in its coffers to local governments, so he is imploring the feds to step up with what looks like a final federal stimulus package to support counties, cities, towns and villages. Gov. Cuomo also has warned that the state may reduce its aid to municipalities by 20 percent or more.

“We have been arguing that if there is going to be a Fed Stim 4-5 that part needs to change,” he said. “The HEALS Act that (Sen. Mitch) McConnell put together brings us nothing – it only suggests that the state still has some money and they might be able to give some of it to other jurisdictions in the state.”

Gsell said if Congress passes one last stimulus bill, they need to do it quickly.

“This is the time and this is now. Not after November; not two and a half months from now, before the election. Address it now, before you go home and start doing the hand shaking and baby kissing at the legislative levels,” he said.

In a related development, John F. Marren, president of New York State Association of Counties, reinforced the need for assistance to counties as he commented on the quarterly state budget update for 2021. The financial plan projects a $14.5 billion revenue decline in the general fund and a 15.3 percent decrease in “all funds” tax receipts.

“This quarterly state budget update is bad news for New York, and bad news for every local government, service agency and local taxpayer in the state,” Marren said. “The loss in revenue and budget gaps will decimate every local health, safety and human service program, construction project, and job in their path.”

Genesee County planners didn’t need any comments from the applicants on their way to recommending approval of four business-related referrals on Thursday night.

At their monthly meeting conducted via Zoom videoconferencing, the planning board looked favorably upon 13 referrals -- with eight of them involving private matters such as home additions, sheds and barns and another being a request by the Oakfield Town Board to rezone 10 parcels on Albion Road from Land Conservation (LC) to Residential & Agricultural (R+A).

As reported on The Batavian earlier this week, the four remaining referrals were a new professional office building in the Town of Alexander, addition at PCORE Electric, Inc., in Le Roy, a community center in the Village of Oakfield and an auto repair/print shop associated with a ministry in Darien.

Planners recommended approval of all four, with the lone modification tacked on to A/C Associates’ application for a special use permit to construct a 92- by 50-foot one-story office building at 11198 Alexander Road. (Route 98).

The modification stipulates that the applicant obtains a driveway permit from the state Department of Transportation for the reconfigured driveway prior to approval by the Alexander Town Planning Board.

The plan is for A/C Associates to occupy part of the space, with additional offices to be made available for leasing.

The three other referrals stamped for approval were as follows:

• A special use permit request from the owners of PCORE Electric Inc., in Le Roy (on the Lapp Insulator campus) to build a 2,800-square-foot addition and a new 6,700-square-foot asphalt pad. Planners also recommended that the applicant be aware of the vegetative buffer to Oatka Creek when creating the new pad.

• A site plan review submitted by RWNY Property Group to place a community center (food pantry and farmers’ market) in an existing building at 33 S. Main St. (Route 63).

• An area variance application from John Kula of Freedom Fellowship LLC, to put up a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20) in Darien.

The public garage will support a faith-based organization for those in recovery from substance use disorders. Work would be limited to light repair, tires, brakes and routine service.