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Press release:

Have you been thinking about how you can get involved in our community? What better way than helping to elect those who represent us. 

The time is now.

The Genesee County Democratic Committee has opportunities for you to help elect Democrats up and down the ballot on Nov. 3rd. We have opportunities for every level of interest and experience. We also have activities that you can do while practicing responsible social distancing from home. 

Check out our website geneseedemocrats.net and click on “Take Action 2020."

A two-car accident with minor injuries is reported at the intersection of Clinton Street Road and Horseshoe Lake Road. Stafford fire, Mercy medics and Le Roy ambulance are responding along with law enforcement.

UPDATE 1:11 p.m.: Byron ambulance is called as the third ambulance in.

UPDATE 1:13 p.m.: Town of Batavia Fire Department is called to shut down traffic at Route 33 and Seven Springs Road.

UPDATE 1:37 p.m.: Byron ambulance is transporting one patient to UMMC.

UPDATE 1:40 p.m.: A female in her 50s is being transported to UMMC of evaluation.

UPDATE 1:46 p.m.: This Stafford assignment leaving the scene and going to the prior accident site at 5470 Clinton Street Road for cleanup. The roadway at Route 33 and Seven Springs Road will remain closed for awhile.

UPDATE 1:53 p.m.: A third ambulance is leaving the scene and transporting a patient to a hospital in Buffalo.

UPDATE 1:57 p.m.: The roadway is reopened. 

A pickup truck went off the road and a first responder reports it's in flames at 5470 Clinton Street Road, Stafford. Mercy Flight in Batavia is put on ground standby. Stafford Fire Department is responding along with Mercy medics. The location is between Prole Road Extension and Horseshoe Lake Road.

UPDATE 12:47 p.m.: Mercy Flight is cancelled.

UPDATE 12:50 p.m.: South Byron's tanker is requested to the scene.

UPDATE 1:06 p.m.: The fire is extinguished. One lane was closed to traffic and is being reopened. Traffic control is needed. The tow is en route.

UPDATE 1:50 p.m.: The female driver got out before flames engulfed the truck. She was transported by ambulance to an area hospital with non-life-threatening injuries.

Twenty-seven years later, and just five days away from completing a distinguished career as the county’s chief administrative officer, Gsell recalls with clarity the 48 hours that resulted in his hiring to succeed Charles Meyer, who had served 11 years as Genesee’s first county manager.

“We had been three years, which seemed like six, in Marshalltown, Iowa, and then there was a conscious decision by my wife (Ann Marie) and I that we wanted to come back east, because we’re both from New Jersey and I felt more comfortable in that setting,” he said.

“Obviously, our daughter (Claire) was just getting ready to go into middle school and we wanted to go somewhere and stay long enough to get her through high school. And, lo and behold, we’re still here.”

Gsell is retiring on Friday – the day before his 69^th birthday.

Looking back, he said he had applied for a number of jobs, interviewed for a couple and turned down one or two prior to setting his sights on Genesee County.

“I think there were 70 candidates and they cut it down to 10 finalists, and then the 10 of us came and were interviewed over a day and a half,” he said. “It was over in the Batavia Club (now GO ART! on East Main Street) by various groups of citizens and legislators and city council people, and that kind of stuff. We went from room to room to be interviewed.”

He said after interviewing, he went back to Iowa and received a call from Carl Perkowski, the county legislative chair.

“I actually was in Des Moines at the time because my wife was doing a regional theater show there,” Gsell said. “He made the offer on the phone, we talked about it and agreed that if it happens, let’s do it.”

The ‘Interloper’ Meets Florence Gioia

The date was on Aug. 13 or 14, Gsell said, and he was at the Old County Courthouse waiting for the legislature to vote.

“I’m upstairs in the legislative chambers and the resolution is there. (The late legislator) Florence Gioia is in the audience, and complaining about where did they find this interloper and carpetbagger, and why couldn’t they find somebody local to be the next county manager,” Gsell recalled. “And so, I’m sitting there over on the side, and after she did her little piece – and she was in that yellow slicker that she always wore – I just raised my hand, and said, ‘Hi, Miss Gioia. I’m that interloper.’ ”

Gsell’s eyes lit up at this point and, while laughing his signature laugh, he added, “And the rest as they say, is history.”

A product of New Jersey (the northern counties of Passaic and Essex), Gsell is the oldest of five and actually is a Junior, although he doesn’t use the Jr. after his name. Just as in the early days of his professional life, he moved around a lot while growing up.

“Every time there was another kid, we moved to another house,” he said.

He graduated from Seton Hall Prep School on the campus of Seton Hall University in South Orange, N.J., and earned a track scholarship to the College of William & Mary in Williamsburg, Va. In fact, he was a scholarship athlete in high school, as an undergraduate and in graduate school, clocking personal best times of 9:02 in the steeplechase (his primary event) and 4:09 in the mile.

Getting ‘On Track’ for a Master’s Degree

Gsell’s success as a runner played a key role in his enrollment at American University, where he earned his master’s degree in public administration in 1974.

“Glenn Wood, a friend of mine who was at that time the world-record holder in the mile in the senior age 40-plus division and a professor at American University, said you ought to come here, we have a good public administration program. So, I said, what does that entail? And then he said we also need an assistant coach for the track and cross-country teams.”

That was enough to persuade Gsell to head for Washington, D.C., where he attended school at night, worked during the day and ran two and a half hours a day with his contemporaries while coaching them as well.

“I did this for 18 months, got my master’s degree and then I set out to try and get a real job,” he said.

Following an internship in Richmond, Va., and a regional government post in the nation’s capital, Gsell took on several real jobs over the next 19 years – starting as a city budget analyst in Trenton, N.J., where he met his wife, and then on to city management roles in North Shores, Mich.; Eau Claire, Wis.; Winchester, Conn.; Cumberland, Md., and Marshalltown, Iowa.

Gsell said that the mindset of municipal government officials at that time was of a nomadic nature.

“I wasn’t probably going to set down my roots in one of those first four or five communities that we lived in and moved to,” he said. “It was my psychosis or my psychology that said, ‘I gotta move; it’s just going to happen.’ ”

No Giving in to Ralph Nader

While in Connecticut, Gsell recalled an interaction with famed political activist/consumer advocate Ralph Nader, who lived in Winchester.

“I met Ralph Nader twice, personally. He came into my office to complain that his old grammar school was being renovated and he didn’t like the way they were doing it,” he said. “He thought that because the school budget was part of the town/city budget, he felt that I could go in and just tell the superintendent and the board of education that you’re not going to do that. I respectfully disagreed with him.

“But it’s interesting that when you walk in and see this icon sitting in your office, I was like, ‘What the heck did I do?’ You genuflect, and ask 'where’s the holy water?' ”

Gsell said that every stop prior to Batavia proved to be a learning experience (he cut his teeth dealing with the media while serving as the assistant city manager in Eau Claire) and he is proud to say that he left each location on his own terms and on good terms.

The Genesee County manager job proved to be his first and only county government position.

“For me, it was a matter if I was going to break the mold of moving frequently, either going to larger governments or on to a different challenge,” he said. “Leaving local government at the town, village and city levels and moving to a county was going to be, for me, somewhat unique. But in hindsight, it was a great move.”

Gsell has made his mark both professionally and as an active member in civic organizations, such as the Rotary Club, United Way, HomeCare & Hospice, Chamber of Commerce. Genesee/Orleans Council on Alcoholism and Substance Abuse, Leadership Genesee and the Genesee Area YMCA.

Finding a Home on Washington Avenue

He and his wife have lived on Washington Avenue in Batavia, not far from the Batavia Middle School, for the entire time.

“We’ve never lived in the same house as long as we have in Batavia, neither of us, even when growing up,” he said. “We must have looked at 18 houses in a day and a half. I think it was the last house we saw. We saw nothing in Le Roy. Everything was either from Stafford, west. As soon as Ann Marie walked in and saw the woodwork and everything else, she said this is the house.”

In time, Jay, Ann Marie and Claire realized that Batavia would be their permanent home.

“I think it was between conversations with my wife and daughter, after Claire graduated from Batavia High in 1999, that it was pretty clear at that point,” he said. “I thought, OK what else is it that I would want to accomplish that I couldn’t do here? It really became then that this would be where we set our roots down.”

Gsell said his son, Christopher, who he had adopted when he was in the third grade, had moved out to California to spend some time with his biological father. Today, Christopher, 45, is chief creative officer for Halo Media LL, and lives in Brooklyn with his wife.

Tragedy struck the family on March 22, 2009, when Claire, passed away at the age of 27.

“She had been working in a pretrial services program in Monroe County toward her goal of becoming a probation officer, and two weeks later (following her death), we got a letter stating that they wanted her to work there in that capacity,” Gsell said. “She really wanted that job. This would have made her day.”

Aa 2003 graduate of the State University of New York at Oswego with a bachelor’s degree in criminal justice, Claire also worked part time at DePaul.

“As my wife always says, ‘Man plans and God laughs,’ ” Gsell said, indicating a strong faith has sustained them in their loss.

Unloading the Nursing Home was a Big One

Reflecting upon his career in Genesee County, Gsell said priorities included adopting “consistent and well-funded budgets that were balanced so we weren’t living on the edge in terms of revenue assumptions” and making wise decisions about county facilities, specifically mentioning the county-owned airport, courts facility and former nursing home.

“We’ve spent almost $30 million at the County Airport, most of which has been federal and state money, and turned that into a Class A reliever airport under the FAA (Federal Aviation Administration) and state guidelines in the regional pattern,” he said. “And we sold the nursing home for $15.2 million to Premier Healthcare to stop the bleeding. Fortunately, Premier is in the business of operating nursing homes. It still is the owner and they own the one in Le Roy, too.”

He said the county had been operating the nursing home at an average annual deficit of about $2 million for eight years prior to unloading it in 2017.

“We used about $5 million of the sale to settle obligations while we still owned the facility,” he said. “As far as profit, not even close as the nursing home owed money to the county’s general fund.”

Gsell said the 52,000-square-foot, two-story Genesee County Court Facility on Ellicott Street (across from his office on the lower floor of the Old Courthouse) has served its purpose, but he wishes it had two more stories.

“If that were the case, it would have been city and county law enforcement with dispatch on the first floor and you go up from there,” he said. “All criminal justice would have been located in one place, and we would have had more storage in the building. I guess that constraints at the time were such that it just wasn’t in the cards.”

Gsell: City Police Should Be on Park Road

Gsell also said that the City of Batavia should have partnered with the county about 10 years ago on what is now the county sheriff’s office on Park Road.

“We tried numerous times to pull that off. We spent a lot of time going back and forth – where to locate it. Just for the sheriff’s administration building, we were all over the City of Batavia, looking at various sites, working with consultants as to where to put the two together,” he said. “As it turns out, we at least accomplished consolidated dispatch, which even to this day is not universal in the State of New York as far as counties and relatively larger cities.”

He said about 20 sites, all inside the city, were considered for a combined city/sheriff’s police building.

“Finally, the county, seeing the reluctance from the city, had to do something. As it turned out, we worked with the city and the VA Medical Center to use the Park Road site because the city actually owned that property, which was within the city limits,” he explained. “That was one of the opportunities that was missed -- for us to put our two law enforcement entities completely together.”

Gsell said much progress has been made in bringing water to the county, through a long-standing agreement with the Monroe County Water Authority and recent connections with the Erie County Water Authority; in the area of shared services with towns and neighboring counties; and on a new state-mandated county jail that has been “paused” by the coronavirus pandemic.

“We were ready to put that sucker out for bid late last year and all of a sudden COVID-19,” he said. “Now, we’re exploring a joint jail with Orleans County, which would need approval from the state legislature. The need is not any less -- it’s the ability to determine what the right size is as well as where the financing will come from because our sales tax has taken such a hit.”

He’s Known as ‘The Dean’ to His Colleagues

Gsell said his job has been made much easier over the years thanks to consistently strong legislatures and the constant communication with other county managers and administrators throughout the state.

“We’ve always had very good legislators … good people to work with,” he said. “Plus, I am thankful to have made close friends with colleagues; people who rely on each other and network with each other every day.”

One of those people is Shaun Groden, Greene County administrator and president of the New York State Association of County Administrators and Managers. 

“Jay is the dean of New York State county managers, partially from his tenure but primarily through his expertise,” Groden said. “He always is able to dissect the issue, and he has a rabid sense of humor, too.”

Groden said administrators seek feedback and advice from one another via a listserv (electronic mailing list), and all value Gsell’s opinions.

“Jay would often add his two cents and it was typically humorous as well as insightful,” he said. “Just the other week, his response was both comedic and right on point. I am going to miss these comments.”

A Trip to Italy; Remembering Barber Conable

At the end of this work week, Gsell will turn the managerial reins over to Matt Landers, his assistant for the past six years. He said he is leaving the county in good hands.

“It’s what our legislative body and our team here is all about – a very professional local government organization that respects tenure as far as employees are concerned, understands the serious nature of what it is we do … and as far as the succession process, we try to build that into a lot of our departments so when an opportunity occurs, we can promote from within,” he offered.

Gsell said he will continue to stay involved in the community and that he and Ann Marie may do some traveling once coronavirus-related restrictions are eased.

“Ann’s only family is her nephew, Brian, down on the Jersey Shore. He’s about the only person we could go visit right now. My siblings are in North Carolina or Virginia, and we can’t go see them right now,” he said. “My other sister lives in Michigan with her husband and three kids.”

He said his wife wants to go back to Italy. “She’s 110-percent Italian,” he quipped.

“Ann Marie has been all over the place when she worked as the first female tech for Dow Jones, making sure the ticker tape machines were working at the brokerages,” he said. “Me, I’ve been to Canada, that’s it.”

Travel plans aside, he says he takes great satisfaction in completing the task before him and being able to forge so many lasting relationships. And he considers himself blessed to have met a particular congressman who was born in the Wyoming County Village of Warsaw and lived in the Genesee County Village of Alexander.

“The fact that I got to meet the real Barber Conable, up close and personal, to me was at the top of my list, all things considered,” he said. “When I was in high school that’s when he was at his ascendancy in the Congress – the most respected congressperson of that era in Washington, D.C., during Watergate.

“Who gets to call that part of their legacy? Barber was it. I met him in that Saturday morning coffee klatch over at Karl Buchholtz’s place (Genesee Hardware) on Ellicott Street, and I was thinking to myself, ‘Holy crap, Barber Conable! Really, really?’ That’s almost as good as my Lou Holtz (head football coach at the College of William & Mary from 1969-71) moment.”

At top, photo by Genesee County Chamber of Commerce; Gsell in his office at the Old County Courthouse, photo by Howard Owens; Gsell (in back row, second from the right) as a freshman member of The College of William & Mary track team, submitted photo.

(Above, submitted photo of Dr. Nancy Ciavarri, chief medical officer, Oak Orchard Health, speaking with a patient.)

National Health Center Week (Aug. 9 – 15) is an annual celebration with the goal of raising awareness about the mission and accomplishments of America’s health centers over the past five decades. This year is extra special for Oak Orchard Health as they recognize this special week for the first time with their three new locations that were formerly part of Pembroke Family Medicine.

The mission of Community Health Centers remains vital today because access to basic care remains a challenge in parts of the United States including our community. Many people live in remote and underserved communities where there is a shortage of providers and, in many cases, the nearest doctor or hospital can be as far as a 50-mile drive – if transportation is available.

While COVID-19 continues to impair social and medical inequities across the country, Community Health Centers have stretched themselves to reconfigure services for those in need. As unemployment rates rise and more people lose their employee-sponsored health insurance, Community Health Centers have remained open to provide care for all, regardless of insurance status. 

“Community Health Centers are here to support the community," said Mary Ann Pettibon, CEO, Oak Orchard Health. "Our presence is even more important as people face high unemployment and employer-based healthcare decreases. Oak Orchard Health is able to serve all who need medical, dental, vision, or behavioral health services."

This year’s mission for Health Center Week is to thank our providers and staff along with our patients. Given we’re practicing social distancing, we’ll be using social media to communicate with patients on staying healthy during this time. 

Oak Orchard Health
Originally founded in 1966, Oak Orchard has grown from a migrant health project into an integrated health center with multiple locations providing health care services for everyone located in the communities we serve. Currently serving more than 30,000 patients at nine locations, Oak Orchard Health is a recognized patient-centered medical home and 501(c) nonprofit Federally Qualified Health Center (FQHC) located in the towns of Albion, Alexander, Batavia, Brockport, Corfu, Lyndonville, Hornell and Warsaw.

"Rudy" is an artiste. She has her own expressive way of coloring a canvas and today, area children got to help her make individual pieces of art for them to take home.

The art event was held outside the Interpretive Center at Genesee County Park & Forest.

The children also learned about 14-year-old Rudy and her fellow red-eared slider turtles, which hail from the Southern United States.

Clyde Devonte Hoskins Jr., 28, of Genesee Street, Buffalo, is charged with: unlawful fleeing a police officer in a motor vehicle in the third degree; reckless driving; speeding -- in excess of 55 mph; unsafe turn/failure to signal; drinking alcohol in a motor vehicle. Hoskins was arrested at 12:25 a.m. Aug. 8 on Route 33 in Bergen. It is alleged that Hoskins failed to stop for a violation of NYS vehicle and traffic law on Clinton Street Road in the Town of Bergen. After a pursuit, Genesee County Sheriff's deputies were able to take Hoskins into custody in the Town of Stafford. He was released on appearance tickets and is due in Bergen Town Court at 5 p.m. on Sept. 17. The case was investigated by Deputy Kenneth Quackenbush, assisted by Deputy Jordan Alejandro.

On the drive back from Genesee County Park early this afternoon, I stopped for some scenic shots along Bethany Center Road.

Assemblyman Steve Hawley is denouncing the recently revealed efforts of New York State Attorney General Leticia James, who is seeking to dissolve the National Rifle Association (NRA) in a lawsuit that points fingers at the leadership for not following nonprofit guidelines. Hawley calls the move a “callous and politically charged attempt to sow dissent during an already tumultuous election year.” 

“The NRA has been a valuable ally for Americans wishing to have their Second Amendment rights preserved, and it’s why state leadership is so afraid of them and so desperate to have them gone,” Hawley said.

“The nature and timing of this lawsuit are so clearly politically motivated that I’m flabbergasted the Supreme Court would even take on such a case. This case doesn’t seek justice; it seeks to upend justice and further strangle Americans’ God-given rights and liberties.”

The suit currently claims to be looking at civil violations as opposed to a criminal case, but the attorney general is not ruling out that a criminal case may come about in the future.

Meanwhile, Hawley continues to fight for the rights and liberties of Americans in the Assembly, and he will be working to ensure that whatever the outcome, honest citizens are not restricted by excessive governmental oversight.

In compliance with Gov. Andrew Cuomo’s executive order on policing reform, the City of Batavia has set the wheels in motion to form a 15-member Batavia Police Collaboration Advisory Stakeholder Group that will assist in drafting a plan based on community input by April 1, 2021.

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

The topic is on both the Conference and Business agendas of Monday night’s City Council meeting at City Hall Council Chambers. The Conference meeting will begin at 7 o’clock.

Acting City Manager Rachael Tabelski, in a July 30 memo to City Council, wrote that the governor’s mandate is in “direct response to incidents involving law enforcement officials whereby actions of particular officer(s) resulted in the death of unarmed citizens.”

“The City of Batavia stands in deep sadness and grief over the actions of a few officers who have contributed to a culture of mistrust and divisiveness,” she wrote. “No one deserves to be abused, or treated unfairly, by members of their community and especially not by law enforcement officials.”

In boldface type: “All individuals should be held to the same standard, with no one above the law – whether civilian, law enforcement or government official and those that break the law should be held accountable and prosecuted to the fullest extent.”

Tabelski continued, praising the Batavia police force as “a world-class police department comprised of men and women who take the job of protecting and serving our community very seriously. The Batavia Police Department has and will continue to uphold a high standard of professionalism in themselves and those that serve with.”

According to the resolution to be considered by Council, the advisory group will consist of the following:

• City manager;
• Police chief;
• Assistant police chief;
• City attorney;
• One City Council member;
• Two citizen representatives;
• Batavia Housing Authority director;
• Director of a not-for-profit that serves human interests (i.e. YWCA);
• District attorney representative;
• Public defender representative;
• Batavia Police Benevolent Association representative;
• Batavia City School District superintendent;
• Community religious leader;
• Business leader representative.

The role of the advisory group, per the memo, is to review current police department policies, procedures and training initiatives, and to recommend improvements in areas such as community policing, response, crime prevention through environmental design and training enhancements.

“The goal of the Group will be to build upon the current policies adopted by the Department, that meet or exceed industry standards and best practices, and to build further relationships within the community,” Tabelski wrote.

According to supporting documentation for Monday’s meeting, the Batavia Police Department has already met or exceeded about a dozen standards or initiatives spelled out in Cuomo’s executive order.

Those include updates of use of force policy, standards of conduct/community relations/biased based policing and training, law enforcement diversion programs, restorative justice practices, community outreach, hot-spot policing, focused deterrence (specialized patrols) and violence prevention, and the department is in the process of being accepted into the NYS Accreditation Program.

The timetable for advisory group activities lists Sept. 1^st as the deadline for the committee’s formation (applications will be accepted at the city manager’s office), schedule regular meetings beginning in September, draft presentation of the plan to Council in January, public comments in February and final version of the plan in March.

In other developments, Tabelski:

-- Will share details of a July 29 memo to Council that projects a $1.18 million loss to the City of Batavia due to the COVID-19 pandemic and economic shutdown in the state. That number is significantly less than the April projection of a $2.5 million loss in sales tax and other revenue sources.

“(After the first quarter) sales tax and property tax losses were not as severe as originally forecasted,” she reported.

The memo indicates that the city has the potential to save $641,388 as a result of a spending freeze, layoffs and hiring freezes that began in April and the potential to gain $185,524 in revenue when considering Video Lottery Terminal funds ($352,631) and other sources ($79,000) which “will assist in offsetting the anticipated reduction in AIM (Aid and Incentives to Municipalities) aid in the amount of $246,107.”

Subtracting the potential receipts from the $1.18 million in projected revenue loss, the current shortfall comes to $357,585.

-- Will recommend paying $750 per month stipends, effective July 1, to Dawn Fairbanks, human resource specialist; Lisa Neary, director of finance, and Lisa Casey, confidential secretary to the city manager, for additional duties they have taken on since the departure of former City Manager Martin Moore.

Tabelski moved from Assistant City Manager into the Acting City Manager role on June 22.

As a result, she wrote in a memo dated July 30, Fairbanks, Neary and Casey assumed some of the duties assigned to the assistant manager, including implementation and management of projects pertaining to software applications, information technology, fiber network connections, flood zone communications, risk management and Bond Anticipation Notes for future capital projects.

New Cases – As of 2 p.m. 

• Genesee County received three new positive cases of COVID-19.
  • The new positive cases reside in Batavia and Pembroke.
  • Two of the positive individuals are in their 20s and one is in their 40s.
  • The individuals were not on mandatory quarantine prior to testing positive.
  • Five of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Sixteen new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
     
• Orleans County received no new positive cases of COVID-19.
  • Sixteen new individuals are on precautionary quarantine due to travel from restricted states.

In light of a couple of proposed changes and despite some recent miscommunication, the City Council liaison to the municipality’s Deer Management Plan Committee says he is confident the documented strategy to reduce the deer population will be approved Monday night.

City Council has scheduled both a Conference and Business meeting, starting at 7 p.m., at City Hall Council Chambers, with a resolution to approve the City of Batavia Deer Management Plan as the last item on the Business meeting agenda.

“We have a good, solid plan in place, everybody is on board and I am very confident that this will pass,” said Council Member John Canale, speaking of the 21-page document stemming from the efforts of the five-person committee that worked with city leaders and New York State Department of Environmental Conservation officials.

Canale said that he agrees with a pair of recommendations not in the draft of the plan presented at last month’s Council meeting as they specifically address liability and safety issues -- aspects of the plan deemed as priorities.

The changes, spelled out in an Aug. 4 memo from Acting City Manager Rachael Tabelski, are as follows:

-- Nobody other than city employees who qualify for the program will be allowed to hunt in areas 4 and 5, which are predominantly city-owned parcels located near the wastewater treatment plant and yard waste station.

-- While supporting approval of the plan, “all activities related to (its) implementation” will be prohibited “until schools in Batavia are fully reopened.”

Concerning the first suggestion, the committee identified five acceptable hunting zones: (area 1) parcel north of Clinton Street; (area 2) land in the Naramore Drive area and north; (area 3) property west of State Street (in vicinity of BOCES) and proceeding north from Lambert Park; (area 4) Route 98, south of Walnut Street area; and (area 5) Law Street area stretching almost to Kibbe Park.

Where private property is involved, hunting will be permitted only after the landowner signs a cooperation agreement form. But, in the case of hunting on city property, Canale said that “comes under a different umbrella” when liability is considered.

“That will come up in the discussion on Monday, I am sure of that,” he said.

On the second recommendation, the Batavia City School District previously announced that it will be going with a “hybrid” reopening schedule – students are in school some days and are learning remotely on other days.

Safety is the Cornerstone Element

In the memo, Tabelski wrote that “many students will be home between two and five days a week for remote learning attributed to the COVID-19 pandemic reopening protocol. As you are aware, safety of the community is the cornerstone element of the plan and explained in detail in section 6, safety considerations.”

Canale said he is the one who brought the Batavia school situation to her attention.

“I am concerned about hunting during school hours, as is the committee which set it up to hunt only on days and times when school is in session,” Canale said. “Both of these changes have everything to do with liability and safety at this point.”

He said hunting may not start until after the first of the year, effectively wiping out Plan A, which allows for archery-only hunting from Oct. 1 through mid-December in accordance with the NYS hunting season.

Canale noted that Plan B and Plan C grants extended archery-only and extended archery-only using bait, respectively, from Jan. 2 through March 31. Both of those plans would require Deer Damage permits from the DEC.

Nephew: 'Something has Gone Haywire'

Deer Committee Member Russell Nephew, who reached out to The Batavian on Thursday night, said his group is upset over what he called a breakdown in communication over the past three weeks. According to Nephew, the committee was not informed of any potential changes.

“Something has gone haywire. We seemed to have been left out of the loop,” said Nephew, who said he was speaking on behalf of fellow members Samuel DiSalvo, Fred Gundell, Gus Galliford and Kent Klotzbach.

Nephew said he tried to set up another committee meeting with city management but was unsuccessful and telephoned Canale for an update but did not receive a return call. He also said an Aug. 1 deadline for hunting tags has been missed, although there had been talk of a special Council meeting to expedite the process.

“The bad thing about this is you’re going behind closed doors with the city attorney and not involving the deer committee, which has done all this work for about nine months. And you go and just not add language, you changed it,” he said. “If that type of thing would have happened with (former City Manager) Marty Moore, he would have called us all in, and said ‘Hey, I want to go over this with you. This is why we want to do this and how do you feel about it?’ ”

Canale said he is taking responsibility for the misunderstanding.

“I didn’t get back to Russ, but I didn’t realize that he was waiting for a return call,” Canale said. “We have worked well together and talked numerous times … and I had planned to call him this weekend. I am the liaison – the go-between (the committee and City Council) and I have always told Russ that I’m your man.”

Tabelski 'Thrown into the Process'

He also defended Tabelski, pointing out that she was “thrown into the process at the tail end, and had a difficult task of getting acclimated and trying to act in his (Moore) place as city manager.”

Canale has publicly praised the committee – “It was an experience that I never had in my eight years (on Council),” he said – but explained that now the ball is in the city’s court, so to speak.

“We’ve come to where the legalese has to be interjected into this plan,” he said. “If Moore was still here, he would be the one making these changes along with the DEC and city attorney. I understand how the committee may feel the way they do, but the new acting city manager has done what had to be done.”

Nephew also said he believed the committee was not going to be invited to a follow-up meeting scheduled for 9 a.m. Aug. 13.

Canale said Tabelski sent an email on July 25 about the meeting to him along with City Attorney George Van Nest and Confidential Secretary Lisa Casey, “but only to see if we were OK with the date and time. Once we said it was good, then another email was to be sent to the committee.”

That email was sent from Casey to committee members on July 28 – the day after Nephew emailed Casey notifying her that he had learned about the meeting. Nephew provided the emails to The Batavian.

All Have to Pass the Test

Getting back to the provision that only city employees will be able to hunt on the two city property areas, Nephew said they will have to pass a test – hitting a target five consecutive times. He also said the committee takes exception to the fact that members of the 12-club Genesee County Federation of Sportsmen will be left out.

“The plan puts the sportsmen at the top of the list,” he said. “We went to the clubs because that’s where the experienced hunters are – they have to have at least five years’ experience. We all agreed to that. Now, they won’t be able to hunt Sections 4 and 5 unless they work for the city.”

And he said he’s not completely in agreement with a shutdown of the program due to the school schedule.

“If school is in session, then the other kids have to be at home, remotely on the computer at home, and if they are, that’s like being in school – not out running around,” he said. “They’re at home. They can’t be running around because the school is going to know.”

Nephew said not being part of the discussion hurts more than the changes themselves.

“If they had come to us and given us reasons and things of that nature, we’re not hard to get along with,” he said. “We probably would have said, ‘Well, if that’s what the city wants, we’ll have to go along with it' -- but that’s not what we came up with.”

A fully involved barn fire is reported at 3753 Lockport Road in Oakfield. The location is between Fisher and Snyder roads. Oakfield Fire Department is responding, along with mutual aid from Alabama, Elba and the city's FAST team.

UPDATE 3:20 p.m.: The city's first platoon is called in to fire headquarters on Evans Street.

UPDATE 3:39 p.m.: About 30 yards from the blazing barn, some local farmers are trying to corral several cows that escaped from the property; unknown at this time if the bovines had been in the barn.

UPDATE 4:02 p.m.: This property belongs to Dean Norton, the former head of the NYS Farm Bureau. Several dozen head of cattle either escaped from the barn or were let out and people corralled them and put them safely in another barn on the property. Not yet known if any animals perished, but at least one suffered burns. Firefighters are still working to douse the blaze; flames no longer showing, but lots of smoldering embers and smoke.

UPDATE 4:52: Firefighters are doing overhaul now, spreading out the hay and hosing down hot spots. These are beef cattle, not dairy cows. Five of them are being treated for burns at the scene by veterinarians. It is possible one or two animals perished in the blaze; still investigating. It is believed the fire may have started after a skid loader, which has just been used, was parked next to some hay in the barn.

UPDATE 5:07 p.m.: This involved about 200 head of cattle; some managed to escape the burning barn on their own, others were let out and herded into another barn on the property, according to property owner Dean Norton.

Elon A. Seeger is indicted for the crime of attempted assault in the second degree, a Class E felony. It is alleged that on Dec. 15 in the Town of Bergen that, with intent to cause physical injury to another person, he engaged in conduct for which he is now indicted. He is accused of attempting to strike a deputy with his motor vehicle. In count two, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that on that day Seeger intentionally obstructed, impaired or perverted the administration of law or other government function, or prevented or attempted to prevent a public servant from performing an official duty. This was allegedly done by means of intimidation, physical force or interference or by means of any independently unlawful act: he ignored multiple police commands to turn off his vehicle and, instead, turned it toward the deputy -- almost striking him -- and then he fled the area at a high rate of speed. In count three, Seeger is accused of unlawful fleeing a police officer in the third degree, also a Class A misdemeanor. It is alleged in count three that while knowing he had been directed to stop, he instead attempted to flee at speeds of 25 mph or more. In count four, Seeger is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property -- a debit card.

Ronald P. Dixon Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Dec. 20 in the City of Batavia that Dixon drove a 2008 Kia on East Avenue while he was intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that Dixon drove the vehicle while under the influence of alcohol or a drug and while there were three or more suspensions imposed on him on at least three dates: Nov. 21, 2015; July 7 and July 22, 2016; and Aug. 18, 2017. These were for failure to answer, appear or pay a fine. In count three, Dixon is accused of second-degree harassment. It is alleged in count three that on Dec. 20 in the City of Batavia that with the intent to harass, annoy or alarm another person, Dixon subjected a person to physical contact. In count four, he is accused of the same crime involving a second person. In count five, Dixon is accused of first-degree attempted assault. It is alleged in count five that Dixon, with intent to cause serious physical injury to another person, attempted to cause such injury by means of a dangerous instrument -- a motor vehicle.

Stormy M. Watts is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Dec. 22 while at Walmart in the Town of Batavia that she knowingly possessed stolen property consisting of a Capital One Walmart credit card in the name of another person. In count two, Watts is accused of attempted petit larceny, a Class B misdemeanor, for allegedly attempting to steal property from another person valued at $27.72.

Jordan R. Difilippo, 27, of Pratt Road, Pembroke, is charged with possessing sexual performance of a child less than 16 years old. Difilippo was arrested for allegedly possessing three images of a sexual performance of a child under age 16, a Class E felony, at 2 p.m. on Jan. 11, 2017. He was issued an appearance ticket to be in Pembroke Town Court at 1 p.m. on Sept. 9. The case was investigated by the Genesee County Sheriff's Office personnel -- Youth Officer Timothy Wescott, Chief Deputy Joseph Graff. They were assisted by the FBI, the Chesterfield, Va., Police Department, and the Genesee County District Attorney's Office.

Congressman Chris Jacobs (NY-27) is providing an update regarding constituent services and his district offices. Both district offices, in Clarence and Geneseo, are open and staffed with caseworkers to assist constituents with federal agencies. 

The addresses and contact information are as follows:

Clarence Office

8203 Main St., Suite 2

Williamsville, NY 14221

716.634.2324

Geneseo Office

128 Main St.

Geneseo, NY 14454

585.519.4002

“For months, Western New Yorkers have been without representation and have been left without resources to help them with important issues. I am proud to be restoring that representation to our area, and I am proud to say that we are working to handle constituent services full time. This is a challenging time for thousands of members of our community, as we work to rebuild our economy and reopen our country, I am committed to helping constituents with any problems that I can, and I encourage them to reach out to any of my offices,” – Congressman Chris Jacobs

Update: Aug. 7, 5 p.m. with Elba Superintendent Ned Dale's comments

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Gov. Andrew Cuomo today announced that schools in New York State can open on time this fall.

The governor reported that the COVID-19 infection rate is low enough to allow all districts in the state to open, and mentioned the state’s success in fighting the coronavirus outbreak.

In a telephone press conference, Cuomo called it "great news."

“If you look at our infection rate, we are probably the best in the country right now ... so if anybody can open schools, we can open schools," he reasoned.

The governor later tweeted the following:

Last week, about 700 school districts across the state submitted their reopening plans to the state education department outlining how they would reopen schools, with most districts offering "hybrid" plans with students in school on two or three days and out of school -- remote learning -- on two or three days.

Batavia City School District Superintendent Anibal Soler Jr. said he's pleased with the decision to reopen, but "now the real work begins around implementation and communication regarding some of the requirements involved."

He said that the governor is requiring districts to share more details about remote learning plans (expectations for parents, students and teachers) -- "that's something that we were already working on," he noted -- and to work with their health departments on COVID-19 testing and tracing, and understanding all the related protocols.

"We're excited to get to work and to get our kids back in the building, although, obviously not in the ideal (manner) -- everyday, all the time," he said.

Soler said he hopes that if all goes well, guidance would change to allow the district to "bring more kids in" and is keeping his fingers crossed that a vaccine is developed in the near future.

Some smaller school districts, such as Oakfield-Alabama in our area, have enough space to bring everybody back to the classrooms with masks and social distancing.

"I'm happy with the decision to have schools open, leaving the local decisions to each and every school district, and what's best for their own communities," said O-A Superintendent John Fisgus. "Obviously, he's following his previous metric calculations, being that we're certainly under the threshold of the spread of the COVID. So, I'm glad that he stuck to that and glad that he is leaving the decisions up to the school districts."

Fisgus added that "here in Oakfield, we're going to move forward with our 100-percent in-person learning, five days a week, and we will follow his guidance."

"We already have a task force committee that has met once already back in July. We have another meeting this Monday and the following Monday -- and an opportunity on August 24th at 5 p.m. where I will actually livestream all of this information to our community residents and they will have the opportunity to engage with questions and concerns," he said.

Elba Superintendent Ned Dale said he was glad to see that the governor used the low infection rate to make his determination.

"We will continue to communicate with the parents and staff to ensure a safe and smooth reopening," he said, speaking of the school's hybrid plan. "It is important to note that staff will need training and time to open safely and, similar to other districts, I will be recommending that we adjust our district calendar to reflect this significant need. We will now confirm with every student and parent their choice of returning or staying with a distance learning, as well as revising bus routes to reflect the ability for our students to get to and from school safely."

Press release:

New Cases – As of 2 p.m. 

Currently there are no hospitalizations related to COVID-19 in either Genesee County or Orleans County.

• Genesee County received no new positive cases of COVID-19.
  • One of the previous positive individuals has recovered and has been released from mandatory isolation.
  • Twelve new individuals are on precautionary quarantine due to travel from restricted states.
• Orleans County received no new positive cases of COVID-19.
  • Ten new individuals are on precautionary quarantine due to travel from restricted states.