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Press release:

Governor Andrew M. Cuomo on Tuesday announced an emergency rental assistance program that will help keep low-income families throughout New York in their homes.

The program, which is designed to reach those individuals and families with the greatest need, will provide direct aid for tenants who lost income due to the COVID-19 pandemic. The program is funded through the Coronavirus Relief Fund, which is part of the CARES Act.

The program is administered by New York State Homes and Community Renewal and access to program applications will be available here on Thursday, July 16.

"Since day one we made it clear that no New Yorkers should be thrown on the streets because of hardships caused by this pandemic," Governor Cuomo said. "It's critically important that people are able to stay safely in their homes as we progress through our data-driven, phased reopening, and the COVID Rent Relief Program reinforces that commitment with direct assistance to those in the greatest need."

Senate Majority Leader Andrea Stewart-Cousins said, "Despite the progress we have made in fighting COVID-19, millions of New Yorkers are struggling because of this virus and the economic crisis. Providing direct aid to overburdened renters will help these New Yorkers stay in their homes and be able to make ends meet. I applaud Senator Brian Kavanagh for advancing this legislation, my Senate Democratic Majority for passing it, and Governor Cuomo for signing it into law. While this effort will offer some relief, we know that government needs to step up and provide more support during this difficult time. We are going to keep advancing meaningful legislation to help New Yorkers, and we need the federal government to work with us and provide the resources our state needs."

Assembly Speaker Carl Heastie said, "For many New Yorkers, the COVID-19 pandemic has made the challenges of securing affordable housing even greater. The Assembly Majority has fought tirelessly for years to keep New Yorkers in their homes and in the communities that they helped shape. With many New Yorkers still out of work, we still need assistance from the federal government to help states deal with significant fiscal challenges. We must do everything in our power to help New York families. This rental assistance program, while still not enough to meet the tremendous needs that exist, is a step forward to lifting a financial burden off of our most vulnerable families. We will continue to look to do more to help people remain in their homes during this unprecedented time."

Under the new program, eligible households will benefit from a one-time rental subsidy paid directly to landlords and housing providers. Tenants are not required to repay this assistance. 

To qualify for the program, applicants must meet all of the eligibility requirements: 

• Must be a renter with a primary residence in New York State. 
• Before March 1, 2020 and at the time of application, household income (including unemployment benefits) must be below 80 percent of the Area Median Income, adjusted for household size. Applicants can find the Area Median Income for their county, based on household size, on HCR's website here.
• Before March 1, 2020 and at the time of application, the household must have been "rent burdened," which is defined as paying more than 30 percent of gross monthly income towards rent.
• Applicants must have lost income during any period between April 1, 2020 and July 31, 2020.
• The application period will be open for two weeks. Residents can apply any time during the two-week period. 

HCR will prioritize households with greatest economic and social need, accounting for income, rent burden, percent of income lost and risk of homelessness. The rental assistance payment will cover the difference between the household's rent burden on March 1, 2020 and the increase in rent burden during the period the household is applying for assistance. Households can apply for up to four months in rental assistance for the months of April through July. The program is open to households that rent apartments, single-family homes, manufactured homes and manufactured home lots. 

Households with at least one household member with U.S. Citizenship or eligible immigration status are qualified to receive the subsidy. Tenants currently receiving a Section 8 Housing Choice Voucher for housing costs or who reside in public housing are not eligible for RRP assistance.

The COVID Rent Relief Program builds upon Governor Cuomo's efforts to protect New York's renters during the coronavirus pandemic. This includes a statewide moratorium on COVID-related residential or commercial evictions; banning late payments or fees for missed rent payments during the eviction moratorium; and allowing renters facing financial hardship due to COVID-19 to use their security deposit as payment and repay their security deposit over time.

More information about the COVID Rent Relief Program, including Frequently Asked Questions, is available here.   

HCR Commissioner RuthAnne Visnauskas said, "Families and individuals who were already rent burdened, or living paycheck-to-paycheck, were particularly vulnerable to the sudden loss in income that resulted from the coronavirus pandemic. Governor Cuomo's immediate actions to protect New Yorkers against eviction and foreclosure provided much-needed security during an unimaginable health crisis. The COVID Rent Relief Program builds upon the State's efforts to alleviate the hardship faced by so many tenants with a one-time rental subsidy. By helping our fellow New Yorkers remain secure in their homes, we can continue on our road to economic recovery."

Senator Brian Kavanagh (D-Manhattan and Brooklyn), chair of the Senate Housing Committee and prime sponsor of the bill, said, "Since this pandemic started, New York has fought back hard to save lives and keep people safe, but we haven't done nearly enough for the many New Yorkers who have been struggling to pay rent and stay in their homes. While we need a lot more funding to cover a much wider range of people, including those currently homeless and those whose immigration status makes it difficult to access other forms of assistance, this program is an important first step toward supporting New Yorkers in need of relief. I thank Commissioner Visnauskas and the diligent staff at HCR for their efforts in launching this program quickly, just four weeks after we passed the Emergency Rent Relief Act."

Assemblyman Steven Cymbrowitz (D-Brooklyn), chair of the Assembly's Housing Committee, said, "On behalf of all New Yorkers, I am pleased to see the COVID Rent Relief Program up and running. Tenants and landlords face enormous financial challenges brought about by our ceaseless fight against this virus. Our responsibility to reopen safely must be balanced by the continuing need to fight homelessness and to keep New Yorkers safe in their own homes. By prioritizing households with the greatest need, this program will help enable our recovery while we wait for Congress to act and provide more essential relief."

Representative Nita Lowey said, "The COVID Rent Relief Program, which is made possible with the federal funds I helped secure for New York in the CARES Act, is an important step in providing critical assistance to communities and families that were hardest hit by this pandemic. I commend Governor Cuomo and the State Legislature for taking decisive action to protect renters around the state from eviction who continue to suffer from the financial impact of the economic shutdown. Housing is foundational to health and safety, and I will continue working to secure the federal relief New Yorkers need to ensure our health, safety, and economic security."

Representative José Serrano said, "Affordable housing was a serious issue before this crisis, and it has been exacerbated during the coronavirus pandemic. Too many families in the Bronx and elsewhere are struggling to make ends meet, pay their rent, and cover other basic expenses. We need to do everything possible to prevent a housing crisis on top of the public health and economic crises that are ongoing. Made possible thanks to the CARES Act passed in Congress, the COVID Rent Relief Program will provide much needed relief to help those who need it most to pay rent and keep a roof over their heads. I thank Governor Cuomo for his leadership in developing this important program." 

Representative Carolyn B. Maloney said, "The COVID Rent Relief Program is a much needed, common-sense approach that will help renters experiencing economic strain brought on by the pandemic. New York State is once again leading the way and the Senate should follow suit by passing the House's Heroes Act, which includes a $100 billion fund for rent relief, and H.R. 7301, the Emergency Housing Protections and Relief Act. Nobody should lose sleep worried about how they will keep a roof over their heads, especially during a pandemic. We must continue to take steps to help our nation weather this storm and deliver meaningful relief to the American people when they need it most."

Representative Nydia M. Velázquez said, "So many New Yorkers are struggling right now as a result of the pandemic and they are faced with an unbearable choice between paying rent, keeping their lights on or putting food on the table. The COVID Rent Relief Program will deliver critical assistance but this is just a small part of the overall need. I will continue to fight for additional federal funding to ensure that no New Yorker is forced from their home during an unprecedented health and economic crisis."

Representative Hakeem Jeffries said, "New York has borne the burden of the COVID-19 public health crisis, and our communities have experienced unthinkable pain, suffering and death. As we start to reopen the state carefully, we must ensure that the people and communities with the most need receive assistance to help make their ends meet. The emergency rental assistance program will reach those who are most at risk of losing the roof over their heads. This is an extraordinary crisis, and I thank Governor Cuomo for his extraordinary leadership."

Representative Grace Meng said, "For months, I have led calls for relief to be provided to New Yorkers struggling to pay their rent. I thank the Governor for establishing this program and look forward to doing more to help additional New Yorkers who have been forced to endure this severe financial burden through no fault of their own. But this is a first step forward to solving a major issue and I will continue to use my spot on the House Appropriations Committee, which funds the federal government-to combat the renter crisis. Nobody in our state should be kicked out of their homes due to the coronavirus. I also call on the Senate to follow the House in passing the Heroes Act which contains more funding for rent relief."

The Salvation Army and United Way hosted a free food distribution this morning at Northgate Church.

Upcoming food distributions:

July 22 at 9 a.m. -- Oakfield-Alabama CSD -- 7001 Lewiston Road, Oakfield (585) 948-5211

July 29 at 3 p.m. -- Byron-Bergen High School -- 6917 W. Bergen Road, Bergen (585) 343-6284

AUGUST

Aug. 5 at 9 a.m. -- City Church (St. Anthony’s)— 14 Liberty St., Batavia, (585) 343-6895

Aug. 12 at 9 a.m. -- Oakfield-Alabama CSD -- 7001 Lewiston Road, Oakfield (585) 948-5211

Aug. 19 at 3 p.m. -- Byron-Bergen High School -- 6917 W. Bergen Road, Bergen (585) 343-6284

Aug. 26 at 9 a.m. -- Northgate Free Methodist Church -- 8160 Bank Street Road, Batavia (585) 343-6284

SEPTEMBER

Sept. 2 at 9 a.m. -- City Church (St. Anthony’s)— 114 Liberty St., Batavia (585) 343-6895

Genesee Orthopaedics and Sports Medicine in Batavia is now offering same-day and walk-in appointments to provide faster and more accessible care for those with orthopedic injuries.

Genesee Orthopaedics began offering same-day and walk-in appointments along with extended hours prior to the COVID-19 pandemic, but the practice has become increasingly helpful for patients dealing with the difficulty of getting an appointment or referral because of the pandemic.

“The reason we started this was based largely on convenience,” said Dr. Nicholas Valente, an orthopaedic surgeon at Genesee Orthopaedics. “No one wants to sit and wait at the Emergency Room or Urgent Care.”

Use of same day appointments allows for people to have their injury addressed as soon as possible, whether their injury happened that day or is an ongoing issue. This speedy treatment is important with certain injuries like fractures that require immediate attention and recommendations for physical therapy are given quickly for nonsurgical injuries.

“A benefit of same day appointments is being able to see the person who will take care of you in the long term,” Dr. Valente said. “There’s more investment and more responsibility to know what’s wrong and make the patient feel comfortable.”

Genesee Orthopaedics has also taken extra precautions to ensure safety regarding COVID-19 in addition to hospital-wide regulations, including removing seating from the lobby and allowing patients to wait in their cars until their appointments.

Genesee Orthopaedics and Sports Medicine treats a variety of orthopaedic issues such as joint replacements, tendon injuries, carpal tunnel syndrome and many other injuries. They are located at 33 Chandler Ave. in the City of Batavia. Phone is (585) 343-9676.

Open weekdays Monday and Tuesday 8 a.m. to 6:30 p.m.; and Wednesday, Thursday and Friday from 8 a.m. to 4:30 p.m.

Matthew I. Diers, 36, of West Main Street, Batavia, is a convicted Level 2 sex offender charged with sex offender failure to report a change of internet identifiers within 10 days as required on the NYS Sex Offender Registry. He was previously been convicted of failing to notify authorities of a change of status within 10 days, thereby elevating this charge to a Class D felony. He is in jail without bail. The case was handled by Batavia City Police Officer Jason Ivison.

Laytefa A. Franklin, 31, Castle Place, Buffalo, is charged with endangering the welfare of an incompetent person and criminal obstruction of breathing. Franklin was arrested on July 2 and arraigned in Batavia City Court. It is alleged that at 9:15 a.m. on Jan. 4 on Bank Street in Batavia that Franklin intentionally obstructed the breathing of an incompetant person by intentionally blocking the victim's nose and mouth. Franklin was released under supervision of Genesee Justice. She is due back in court on Aug. 27. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Daniel W. Mosholder, 28, no permanent address, is charged with endangering the welfare of a child and second-degree stangulation. Mosholder was arrested after a domestic incident on North Spruce Street in Batavia at 6:45 a.m. June 28. He was arraigned in Batavia City Court and is due there again on Aug. 20. The case was handled by Batavia City Police Officer Adam Tucker, assisted by Officer Austin Hedges.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment. Cook was arrested after a disturbance on Liberty Street at 8:30 p.m. on June 29 in which she allegedly struck a neighbor. Cook was released on an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Mark Anthony Constable Jr., 31, of Ganson Avenue, Batavia, is charged with: second-degree harassment -- physical contact; criminal mischief -- intentionally damaging property; and grand larceny in the fourth degree -- taking property from a person. Batavia police were dispatched to Ganson Avenue at 10:56 a.m. on June 30 for a physical domestic incident. After arraignment in Batavia City Court, Constable was released on his own recognizance. He is due back in city court on Aug. 20. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Adam Tucker.

Thomas Franklin Hofmeier, 19, of Alleghany Road, Pembroke, is charged with third-degree criminal mischief and fourth-degree criminal mischief. He was arrested on Main Road in Pembroke at 8:32 p.m. on July 11 after he allegedly used a car key to scratch the exterior of the victim's vehicle and broke the rear view mirror in the vehicle. He also allegedly took the victim's cell phone when the victim attempted to call 9-1-1 and threw the phone into a nearby ditch so the victim was unable to call for help. Hofmeier was put in Genesee County Jail and was arraigned July 12 in Genesee County Court. He was released and is due to appear before Judge Charles Zambito on Sept. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt. Wolcott was arrested at 12:07 p.m. on July 7 on Main Street after an investigation into a violation of a court order. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Stephen Cronmiller.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested after an investigation into a domestic incident at 9:35 p.m. on July 8 on Liberty Street. Cook allegedly violated an order of protection. Cook is due in Batavia City Court on Aug. 11. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Andre Lamar Roberts, 27, of Burrows Street, Rochester, is charged with second-degree criminal contempt. At 12:30 a.m. on July 1, Roberts was found by BYS Troopers walking on Route 98 in the roadway. He was taken to Batavia Police Headquarters and arrested for allegedly violating an order of protection at a location on West Main Street in Batavia. He was arraigned in Batavia City Court and jailed on $4,000 cash bail or $8,000 bond or $15,000 partially secured bond. He is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Arick Perkins.

Robert B. Schultz, 61, of Ross street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent; DWI -- common law; and moving from lane unsafely. Schultz was arrested at 8:48 p.m. July 4 on Harvester Avenue in Batavia after a motor-vehicle accident on Harvester Avenue. He is due in Batavia City Court on Aug. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Willie L. Williams, 33, of Laser Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminally using drug paraphernalia in the second degree. At 11:18 a.m. on June 30, Williams was arrested after an investigation into a traffic stop that occurred earlier in the day on East Main Street, Batavia. After arraignment in Batavia City Court he was jailed without bail and is due back there on Aug. 13. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Stephen Cronmiller.

Press release:

• Genesee County received two new positive cases of COVID-19, for a total of 236 positive cases.
  • The positive individuals reside in Batavia and Pembroke.
  • One of the positive individuals is in their 40s and one is in their 60s.
  • The positive individuals were on mandatory quarantine prior to testing positive.
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • No new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received zero new positive case of COVID-19, maintaining a total of 269 positive cases.
  • Five new individuals are on precautionary quarantine due to travel from restricted states.
  • Six of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

A caller reported seeing -- from the roadway -- two dogs inside a kennel with "no shade or water" in the 1800 block of Main Road in Corfu. A Genesee County Sheriff's deputy is responding.

A caller to dispatch reports kids are swimming in the sand wash, 115 Cedar St. at DeWitt Recreation Area, near the rocks and the benches. City police are responding.

A red lawn mower riding in the roadway somewhere near Richmond Avenue was spotted by Batavia police and an officer is out with the operator now. The operator purportedly has an ID card, but no driver's license.

UPDATE: The operator is riding a Dyno-Mart 12 horsepower riding mower.

Even before the pandemic struck New York, the Genesee County District Attorney's office was hit hard, according to DA Lawrence Friedman, by new discovery rules that greatly increased the workload of attorneys in his office, he said.

Now, his office is faced with the daunting task of catching up on a backlog of cases at a time when courts are scheduling defendant appearances further apart.

In order to maintain social distancing in courtrooms, courts are putting a time buffer between cases, which impacts the workflow and increases the time an attorney can be tied up in court, Friedman said.

"The same thing is going on in every court in the county," Friedman said. "We can't even imagine what that is going to do as far as our time commitments. We're concerned."

When the pandemic hit, Friedman's office was in the process of hiring a seventh full-time attorney to help with the prosecution load but before a new person could be brought on board, the county initiated a hiring freeze.

The hiring freeze remains in place but yesterday, Friedman asked county legislators at the Public Service Committee meeting to lift that freeze for this one position in his office.

"We're well aware of the financial difficulties faced by the county but the same pandemic that created the financial problem has only increased our need for the position," Friedman said.

Before the hiring freeze, Friedman did hire two new paralegals, authorized in this year's budget, to help with the workload mandated by the new discovery rules (under the new rules, there is more material to review and turn over to defendants in a shorter period of time).

"This is not a position we can just fill immediately," Friedman said. "We need a month to get the word out and collect resumes, schedule interviews, and make a job offer. Generally, attorneys like to give four weeks' notice. So it could be a couple of months, at best, before we're able to hire someone."

Only Friedman and First Assistant District Attorney Kevin Finnell have more than 14 months of experience in the DA's office and Friedman will retire at the end of 2021.

The workload in the office is also increasing because state troopers will start wearing body cams, which will mean more evidence to review in some cases, and the repeal of Public Service Law 50-a, which used to keep police disciplinary records confidential, has also made the discovery process more burdensome. 

"Our obligation is to make sure that information is disclosed to the defense," Friedman said.

The public defender's office, Friedman noted, also has six attorneys handling criminal cases but the office, Friedman said, handles only "a fraction" of the cases the DA's office handles. Since defendants might hire a private attorney or received assigned counsel, the Public Defenders Office doesn't handle every single criminal case in the county, which the DA's office does.

There are also state grants available to help cover the public defenders' budget, Friedman noted.

Friedman also noted that new City Court Judge Durin Rogers is "more demanding" and takes up more time on cases, and Town of Batavia Supervisor Greg Post has also asked for more DA time in the Town of Batavia Court.

No committee member offered any comment on Friedman's request nor is there an indication on when the legislature might consider it further.

A young woman who resides on State Street in the vicinity of Lewis Place and Hutchins Place says she is concerned for her safety due to the ongoing incidents in the neighborhood, and she wants Batavia City Council to do something about it.

Speaking during the public comments portion of Monday night’s Council meeting, the woman (whose name is not being published by The Batavian) said she’s “pretty much at my breaking point with this community.”

She said she has lived on State Street for about 12 years and has volunteered her time to several organizations. She said she is dismayed by the lack of respect shown to police officers by some of her neighbors and worn out by the things she has had to endure.

“That’s why I’m here today to reach out and see what we can do about this situation,” she said.

She said she has had her garden destroyed, car windows smashed and trash dumped onto her property (which she had to pay to have removed), and has had to put up with fireworks at all hours of the day and night as well as constant commotion.

“People working at home (as in her case) have to deal with this 24 hours a day,” she said, adding that she has sent dozens of videos of these incidents to City officials. “We put our jobs and our livelihoods at risk because there are so many altercations outside – you can’t have a conversation with a customer service rep on the phone.”

She said that when she called and sent the videos, the “answer to that was to open the spray park (at Austin Park).”

“But that’s not enough. That spray park has been open for years and it has not stopped anything,” she said. “I live in constant fear. I’m afraid to be here – what if somebody sees that I was here, what’s going to happen to my house and my garden, my livelihood at that point.”

She also said she has been sexually harassed, but despite all of this, she continues “to try and try and try” and asked, “What can we do to solve this?”

The woman also talked about the declining property values in the area, specifically a neighbor whose home was assessed for $71,000, but ended up selling for $11,000.

Council members Rose Mary Christian and Patti Pacino responded to the woman’s pleas.

“I’m ashamed that people have to be harassed,” Christian said. “I want something done about it. The lady and her family shouldn’t have to be fearful.”

Pacino said she was “appalled (to know) that she is afraid to go home after coming to this meeting.”

Police Chief Shawn Heubusch said that he has added a new detail of two officers who are in that area five days a week for eight hours a day – and plans to run that detail through the end of the summer. He also said street surveillance cameras are operational in that area, and encouraged residents to continue to call the police department to report problems.

Council President Eugene Jankowski said this type of “bullying” can be stopped with the community’s help while Council Member John Canale, who acknowledged receiving a lot of phone calls and emails about the neighborhood, vowed to “get the situation under control.”

On another topic, city resident John Roach inquired about the plan for Dwyer Stadium now that the Batavia Muckdogs won’t be playing this year – and maybe not again.

“Are you going to give it away? Knock it down and put something else there? Keep it as a memorial?” Roach asked.

Council Member Robert Bialkowski said Public Works Director Matt Worth has spoken with the teams and the (New York-Penn) league.

“They do have a lease and they are working to get a straight answer,” Bialkowski said. “We do have some other plans, such as college baseball. There are some other options to look into. It is on all of our minds.”

Acting City Manager Rachael Tabelski said she wasn’t aware of recent developments, noting that she has spoken to Worth many times about college or semi-pro teams that could come in to fill the void left by the departure of Minor League Baseball.

Tabelski said she understood that the lease runs through next season.

“If someone like a community group wanted to use that field or another team wanted to use it, they would still have to go through the (NY-)Penn League to get permission to do so. The city couldn’t grant that type of access to the stadium due to the lease that they have,” she said.

County legislators dealt with two law enforcement-related contracts at Monday's Public Service Committee meeting that, as one member put it, are "mysteries" because of the ongoing coronavirus pandemic.

It is unknown whether there will be on-campus learning at county schools this fall, but the Sheriff's Office is expected to provide School Resources Officers to six campuses if students return to classrooms, so that contract needs to be in place.

Right now, it doesn't look like Live Nation will host any concerts at the Darien Lake Performing Arts Center but in case they do, the contract for the Sheriff's Office needs to be in place.

The committee recommended both contracts be approved.

For SROs, three school districts -- Alexander, Byron-Bergen, and Pavilion -- employ deputies year-round and reimburse the county for that expense. Those SROs remain employed by their respective districts.

Pembroke, Oakfield-Alabama, and BOCES use SROs for only 10 months during the year, so the Sheriff's Office gets reimbursed for those deputies' salaries for only those 10 months.

The year-around school districts have continued to use their SROs even during the lockdown, even during the summer, but it's uncertain what will happen with the partial-year SROs if students don't return to campus in the fall.

Currently, the Sheriff's Office has three open road patrol positions. Rather than hire and train new officers, the three deputies who are SROs in Pembroke, O-A, and BOCES are fulfilling those duties, so the cost to the county of not getting those salaries covered by the school districts is a wash.

As for Darien Lake, there's no expense to the county if there are no concerts and Live Nation pays for any deputies put on duty at concerts.

However, discussion of the concert season had legislators asking about the impact that closure of Darien Lake -- the theme park, concert venue, and hotel -- would have on county revenue. The county derives significant revenue from sales tax at the theme park as well as gas tax for people who travel into Genesee County for the park and subsequently buy gas here. The bed tax from the hotel is about a third of the bed tax revenue for the county, said County Manager Jay Gsell.

Chairwoman Rochelle Stein told the committee that based on her communication with industry and state officials, Darien Lake is part of an amusement park lobbying group trying to get the governor's office to authorize theme parks to reopen.

She said Darien Lake has drafted a thick binder of guidelines the park would follow if it reopened.

"They've put their safety plan in front of the governor's office," Stein said. "There is a whole lobbying arm of the amusement park industry that as a group is trying to convince the governor to let them reopen. So far, that has fallen on deaf ears."

Photo: The socially distanced Public Service Committee meeting.

When Rob Credi got back in the coffee business -- he had previously co-owned and ran Main Street Coffee for years -- he didn't expect to be back in the come-in-and-sit-down coffee business anytime soon.

He was satisfied with his truck for Pub Coffee Hub, setting up at locations around Batavia and Western New York selling lattes, espressos, and sandwiches. 

Then Renee Smart, owner for nine years of Moonjava Cafe let him know she was ready for a change in her life and was looking to sell her business in the Harvester Center.

Credi looked at the assets, the location, the lease agreement, and decided it was too good of an opportunity to pass up.

"I said, 'I would be foolish to say no to it,' " Credi said.

He will rechristen Moonjava as Pub Coffee Hub, change the color scheme inside but otherwise keep the same atmosphere -- including local art -- and hopes to open by Aug. 1.

He's surprised, he said, at how smoothly things have gone.

"At this moment, I’m apprehensive," Credit said. "It’s been too easy so far. It’s been super uncomplicated. I’m cautiously optimistic because it’s a great opportunity. Something will go wrong at some point, but I’m kind of crossing my fingers thinking maybe it will be this easy.”

Easy includes keeping on Smart's assistant Anthony Siedlecki. Siedlecki will run the Harvester Avenue location full time allowing Credi to operate the food truck full time. 

Credi said he always felt bad when he took the truck to Buffalo because loyal customers in his home base of Batavia couldn't get their Pub Coffee fix.

"That was an added benefit to know that if the truck isn’t in Batavia, people can come in and still get the same things," Credi said.

While Pub Coffee Hub's shop will serve a menu to match what's on the truck, one thing being retained from the Moonjava menu by popular demand is the soups, Credi said.

Smart said he's decided to re-enter her previous career as a cytotechnologist -- a laboratory professionals who study cells and cellular anomalies -- and was thinking about the change even before the pandemic hit.

After shutting the cafe as part of the state's coronavirus response, now seemed like a good time to make the transition. She also said the changes necessary to comply with social distancing measures dampened her excitement for the business. 

"I felt that it was time to let Moonjava go and hopefully find somebody with their own dream and ideas to open a place that would provide for the community in a new way," Smart said. "Enter Rob. It all flowed together for both of us.

"I really would like to say," she added, "that it was one of the most rewarding experiences of my life to be able to serve that community for nine years and although it was a difficult decision to close the business, it was very reassuring to be selling it to another creative and community-conscientious person. I am excited for Rob and can’t wait to experience his take on the local coffee hub!"

As expected, the Batavia City Council passed two resolutions Monday night to restart its investigation into constructing a new police station to replace the department’s current headquarters at the old City Hall, a structure built in 1855 as the Brisbane Mansion.

After approving a transfer of $50,000 from the Facility Reserve, the board voted to contract with Architecture Unlimited LLC, of Williamsville, to conduct a feasibility study and review for the new station’s potential landing space – the parking lot on Alva Place now being used by the Genesee Country Farmers’ Market.

The $41,200 contract with the architectural firm is set up to provide the City with the recommended square footage, design and layout, ability to expand, regulatory requirements and projected costs for design and construction for both the site work and the actual facility.

Acting City Manager Rachael Tabelski presented tentative goals as follows:

• 2020-21 -- conduct the feasibility study;
• 2020-21 -- conduct financial analysis and bonding capacity concurrently with the feasibility study;
• 2021-22 -- design and engineering;
• 2022-24 -- construction.

“We’re looking to devise a plan where we can afford it with the goal of not having to increase taxes to do so,” Tabelski said.

Talk of constructing a new police station started more than 20 years ago and seemed to take hold about six years ago with the formation of a Police Station Task Force. However, the task force’s recommendation of building on Swan Street failed to materialize and little action has ensued.

In other developments, Council:

-- Approved a $328,200 contract with Keeler Construction for the Franklin Street-Richmond Avenue sewer rehabilitation project.

The City is saving nearly $500,000 as a result of changing its plan from a complete sewer line replacement on Franklin Street to an excavated repair of one section and relining of the rest of the line. From there, crews will reline the Richmond Avenue sewer ahead of its rehabilitation project in 2022.

-- Moved to its Aug. 10 meeting a resolution to contract with the Batavia City School District to provide one full-time School Resource Officer (SRO) during the school year, with the position to be paid for by the school district.

The City will be responsible for the SRO’s vehicle, uniform, equipment and training. The agreement, set to run through June 30, 2022, is on the agenda for approval by the BCSD Board of Education at its July 20^th meeting.

The City of Batavia honored Police Officer Darryle Streeter on Monday night upon his retirement (which took effect on April 30) after nearly 30 years of service.

His proclamation stated that he received several commendations for excellence in DWI enforcement, response to critical incidents and for bravery and selflessness.

In top photo, from left, Police Chief Shawn Heubusch, Assistant Chief Chris Camp, Streeter, wife, Maria, son, Benjamin, and daughter, Julia. In bottom photo, Streeter is joined by his colleagues for a group picture.

Photos by Mike Pettinella.

Two citizen members of the City of Batavia’s Deer Management Plan Committee on Monday night effectively used the spoken word to support a 21-page proposal to reduce the deer population within the City limits.

“I explained the whole management draft that we had worked on for the past eight months – I explained the highlights of that plan and what to expect for the citizens of Batavia. It was very transparent and very clear,” said Russ Nephew, who – along with Samuel DiSalvo – provided details and answered questions about the report at the City Council meeting.

The committee also included Batavia residents Gus Galliford, Fred Gundell and Kent Klotzbach, and was assisted by Council Member John Canale, state Department of Environmental Conservation wildlife specialists, former City Manager Martin Moore and Acting City Manager Rachael Tabelski.

A previous story about the archery-only deer management plan appeared on Saturday on The Batavian. The committee’s first-year goal is to eliminate up to 60 deer.

Nephew and DiSalvo said motivating factors in the committee’s work were not only trying to prevent property damage caused by an overabundance of deer, but also by ticks and diseases that whitetail deer carry, such as Lyme disease, chronic wasting disease and tuberculosis.

The committee met frequently in person and via telephone, and also surveyed areas of the city where deer have been settling. Canale said he was impressed by the group’s commitment.

“It was an experience that I never had in my eight years (on Council),” Canale said. “They took what we tasked them (to do) very seriously... It proved to me that if we can do this with one city problem, we can do this for other city problems.”

Nephew went over the three phases of the plan that deal with dates and times for hunters who opt into the program and also talked about the five designated hunting zones recommended by the committee – private and city-owned land in the areas of Clinton Street, Naramore Drive, State Street (near BOCES), Route 98 south of Walnut Street and Law Street.

He noted other restrictions and requirements pertaining to landowner agreements and DEC setbacks and mentioned that landowners must sign a form authorizing hunting on their property. Furthermore, hunters must have at least five years’ experience and have to pass a test to qualify, he said.

“There are enormous safety guidelines in that plan,” Nephew said. “I think it speaks for itself and I think we got a very good response. So, we’re looking forward, now, to next month and hopefully see this thing approved.”

DiSalvo, a former hunter safety instructor, said deer herds tend to double every year, and for the program to be effective it has to continue on a yearly basis. He said that the committee counted about 83 deer in just two of the designated areas.

“This needs to go forward,” he said. “It would be a shame if we don’t.”

He also talked about the state’s permit process, prompting input from Council President Eugene Jankowski, who is familiar with hunting regulations.

DiSalvo said that members of the 12 clubs that are part of the Genesee County Federation of Sportsmen would be excellent candidates for the program because they have “the proper morals and values, and are experienced.”

Discussion also touched upon where the deer would be dressed after harvesting, hunting on city-owned land, communication among the hunters, enforcement and how and when to approach the landowners.

“I don’t see any of the landowners saying no,” DiSalvo said.

Canale said he hoped that would be the case but “if we lose one area, we can still go forward.”

Jankowski said the “whole plan is pretty much solid except for a couple of minor details” and urged Council to move it to the Aug. 10 meeting for an official vote. In the meantime, he said the public is welcome to send emails and make phone calls to Council members to express their opinions.

Nephew thanked Moore, who departed as city manager last month, for doing a great job -- never missing a meeting and attending a sportsmen’s club meeting, and Lisa Casey, the City’s confidential secretary, for making numerous changes as the plan evolved, as well as Canale, Tabelski and City Attorney George Van Nest.

Photo: Russell Nephew, left, and Samuel DiSalvo addressing City Council on Monday night about the work of the Deer Management Plan Committee. Photo by Mike Pettinella.

An off-duty deputy in route to work has called in an accident on Route 5 just outside the Village of Le Roy that he said he witnessed.

He's requested an ambulance to the scene and said there is airbag deployment.

The Le Roy fire chief was also immediately on scene. The chief reports one person is trapped in a vehicle, alert and conscious.

UPDATE 8:27 a.m.: Le Roy fire is responding. Le Roy Ambulance is on scene.

Police were in pursuit of a white Chevy Impala or similar vehicle with "SECURITY" on the side.

The car apparently pulled out of the Red Roof Inn with no lights. It fled toward BJ's Wholesale Club and around the building back on to Veterans Memorial Drive. It crashed in the area of Aspen Dental and headed back toward BJ's.

It then headed back toward the Thruway and was driving on Thruway property behind the Hershey's Ice Cream building where it stopped or became stuck.

There are at least three individuals in the vehicle.

UPDATE 2:54 a.m.: Police communication indicates the car was stolen out of Rochester. Mercy EMS responded to the scene for the evaluation of at least two individuals. Troopers at the scene were unable to speak to media and referred questions to the Public Information Officer during business hours. We were able to confirm that chase started when a trooper spotted the vehicle leaving the vicinity of Red Roof Inn without headlights and before the trooper attempted a traffic stop, the vehicle drove off the roadway on Park Road. That section of Park Road had a large amount of gravel on it and tire tracks were visible along the shoulder. Once the trooper tried to initiate a traffic stop, the driver fled. The spot where the car initially went off the road is also the same spot where the car exited Park Road in an apparent attempt to gain access to the Thruway. The sedan became stuck in a ditch next to the Thruway.

The Batavia City Council is asking the owner of a popular downtown restaurant to go back to the drawing board after deciding not to support his plan to place a tent for outdoor dining in a parking lot next to his building.

Council, at its Conference Meeting tonight at the City Hall Council Board Room, determined that the obstacles identified by City management to the proposal by Vic Marchese of Main Street Pizza Company were valid reasons to reject his “COVID-19 2020 Temporary Outdoor Dining on City Property Program” application.

However, Council members and management said they are willing to work with Marchese on an alternative, possibly exploring the placement of tables behind his building or on the sidewalk in front of his building at 206 Main St.

“I understand that the restaurant business is an extremely competitive business and Vic does not have a lot of area to expand on,” Council Member John Canale said. “He’s at a major disadvantage … outdoor dining is almost imperative. We need to find an option for Vic Marchese to be able to compete with other restaurants who are basically eating his lunch right now.”

Marchese’s proposal was to put up a 15-foot by 75-foot tent, with lighting, in the parking lot on the east side of the restaurant – utilizing seven to eight parking spaces. He then would set up eight to 10 tables, accommodating up to 60 guests, under the tent.

Acting City Manager Rachael Tabelski, referring to her July 7 memo to City Council, read the reasons she and departmental leaders felt the plan would not be feasible.

She cited state building code’s prohibiting tents in a parking space, the fact that the City does not own the entire lot, the removal of prime parking spaces (including handicap spaces) and traffic issues in an already congested parking lot between Main Street Pizza and the building owned by City Church.

The Rev. Martin Macdonald, pastor of City Church, expressed his view of the situation during the public comments portion of the meeting.

“I love Main Street Pizza and I love Vic, but I’m concerned with having an outdoor tent (that would) make traffic more hazardous,” he said. “Batavia Bootery would not have enough parking spaces for their business and I’m very concerned about the square footage being taken away.”

Macdonald also mentioned that it’s already dangerous since cars parked in front of Main Street Pizza block the view of traffic coming from the west.

Canale said he understood the legalities involved, but said “as a council person, I need to protect businesses as well.”

Council Member Paul Viele was the only one to speak in favor of Marchese’s idea.

“Just put the tables up there, let the guy do it and get over it,” Viele said.

Following the meeting, Viele expounded on his thoughts.

“It’s a temporary thing here. Let the guy make some money like every other restaurant’s doing downtown and when the COVID is over, then you’re all set,” he said, adding that motorists would adjust to the tent being there.

“People would have adapted. It’s only a three-month or four-month (situation), however long it takes, and let people enjoy Main Street Pizza,” he said. “I understand Marty’s concern and I understand the Bootery’s concern, but if you look at it, Vic’s going to be taking parking spots from his own place because it’s on the side of his building. And people would adjust to it. It’s a no-brainer, in my opinion.”

Viele called it “unfortunate” that nobody else saw “Vic’s vision” but was pleased that Council is willing to work with Marchese on possible alternatives.

Marchese did not speak during the meeting, but communicated his plight with reporters as he was walking out.

“People aren’t coming in. People don’t like to eat indoors right now; they advise against it. What are you going to do? It’s all over television. Eat outdoors,” Marchese said. “I’ll give you an example. Three Saturdays ago, I left there (his business) at 8 o’clock at night and had one table. I went by Roman’s and I went by Batavia’s Original – packed in the patio, packed.”

Marchese said he’s taken “a big hit” – losing a considerable amount of the business that had elevated him to a lofty place in the pizzeria industry.

“I was named the one of the top independent pizzerias in the United States last year – number 68 in the country,” he said. “I do a big volume and every Friday, Saturday, Sunday, there’s 20, 30 people at the door, and it’s not there right now. Which is understandable. My wife doesn’t want to go out and eat in a restaurant. I need outdoor dining.”

He said he wasn’t in favor of putting tables behind the building (where the exhaust fan is located), but might be open to placing tables on the sidewalk in front.

“But the thing is they want you to keep the tables as close to the building as possible,” he said. “If I can put a table close to the building and right towards the curb, that could work. I could possibly fit eight tables, 10 tables out there, but they don’t want them close to the curb.”

During the early stages of the discussion about outdoor dining, there was some confusion over the “parklets” concept that was featured in a story on The Batavian following a recent Batavia Development Corporation meeting.

Council Member Robert Bialkowski said he was taken by surprise by the City’s approval of having parklets (enclosed outdoor dining areas) in the parking spaces along Main Street. It was then explained by Tabelski and BDC Executive Director Andrew Maguire that the parklets story was a separate issue – something discussed as a possibility in the future.

Bialkowski also questioned the process of developing the temporary outdoor dining permit and balked at the $250 fee attached to it.

Tabelski said she received feedback from Business Improvement District members who believed it would be unfair not to collect a fee and also cited costs involved with the program, including attorney’s fees for drafting the legal documentation.

Council President Eugene Jankowski encouraged Marchese to get together with Tabelski and City staff to explore options.

“It’s not our place to redesign the plan here … but we can’t approve the plan as it is now,” he said.

City Attorney George Van Nest mentioned that the State Liquor Authority carries a lot of weight when it comes to arrangements such as this one and puts an emphasis on safety, even to the point of requiring material barricades to prevent traffic accidents.

Council Member Rose Mary Christian disapproved as well, mentioning that the tent would take away some of the handicapped parking spots.

The debate ended with Jankowski stating he would call a special meeting to approve an acceptable plan, telling Marchese that “we’re not going to give up on you, Vic.”

Meanwhile, Council – during the Business Meeting afterward -- did approve an application by Eli Fish Brewing Company at 109 Main St. for a temporary outdoor dining license agreement.

Eli Fish’s application indicated that 12 tables, serving up to 52 guests, will be placed in Jackson Square, with hours of operation set at 11 a.m. to 10 p.m. Monday through Saturday.

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In another development, City Council spoke favorably of the Deer Management Plan Committee's recommendations to cull the deer population in the City, forwarding the draft to its Aug. 10 meeting for an official vote. Watch for more details on Tuesday on The Batavian.

Press release:

• Genesee County received one new positive case of COVID-19, for a total of 234 positive cases.
  • The positive individual resides in Oakfield.
  • The positive individual is in their 20s.
  • The positive individual was on mandatory quarantine prior to testing positive.
  • One of the previous community positive cases has recovered and has been released from mandatory isolation.
  • No new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received one new positive case of COVID-19, for a total of 269 positive cases.
  • The positive individual resides in Yates.
  • The positive individual is in their 20s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • One of the previous positive individuals has recovered and has been released from mandatory isolation.
  • Three new individuals are on precautionary quarantine due to travel from restricted states.
  • Seven of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Calling 2020 a “tumultuous year” for first-time homebuyers, Mary Leo, executive director of The Housing Council at PathStone, today presented the annual report of the agency’s counseling and owner-occupied rehabilitation programs today to the Genesee County Legislature’s Human Services Committee.

“The lack of housing choices … makes it very competitive” for those looking to capitalize on federal programs and banking institutions’ willingness to purchase their first homes, said Leo, an 11-year employee of the agency who was hired as executive director recently.

Leo said 36 of a possible 58 family units that completed a homeownership program were able to close on their first house, which means that 22 graduates are “still out shopping.”

Her report, covering July 1, 2019 through June 30, 2020, indicated that PathStone’s relationships with the United States Department of Agriculture’s Rural Development, Habitat for Humanity and local banks “have resulted in a growing pipeline of referrals to the agency,” which received $12,150 from Genesee County in 2019.

The 36 families able to purchase a home through the program are 15 more than the previous year.

Leo also said that finding one-bedroom apartments is a challenge, with “more (financial) support available than apartments."

She mentioned the agency’s foreclosure prevention arm that resolved 11 pending cases in Genesee County over the past 12 months.

PathStone’s Genesee County Handyman program assisted 92 senior citizens, down from 2018-19 due to a decrease in funding and COVID-19, she said.

“We anticipate a rise in the need for this service in the coming months,” she said.

On the subject of funding, Leo said funding remains “flat or slightly down.”

She explained that the federal Housing and Urban Development agency issues housing awards based on the number of counselors in the office and not on the number of clients served as was the case in previous years. Since Genesee County has just one certified counselor, it has resulted in long wait times for applicants.

Genesee County’s contribution is used for a portion of staffing costs for the homeownership counselor, the deputy of Housing & Grants Programs for grant writing and the county’s Handyman Program. The remaining funds are used for a portion of office space and supplies.

Leo said PathStone has received funding from several other sources, including Genesee County United Way, Key Bank, Citizens Bank, M&T Bank and HUD Housing Counseling.

A funding request also went out to Rochester Area Community Foundation to support the Genesee County Handyman Program, Leo said.

Direct subsidies for first-time buyers include a $300,000 grant from Affordable Housing Corporation for acquisition/rehabilitation, $40,000 from NYS RESTORE and $100,000 from Affordable Housing Corporation for owner-occupied rehabilitation.

In other developments, the Human Services Committee:

-- Approved a contract for $25 per hour, not to exceed $4,500, with Susan Gagne to serve as suicide prevention coalition coordinator through the county’s Community Mental Health Services agency. The pact is set to run through the end of this year.

Mental Health Director Lynda Battaglia said filling this position is “crucial” in light of an increase in attempted suicides since COVID-19.

-- Approved the acceptance of two grants for the Office for the Aging from the Rochester Area Community Foundation’s Muriel H. Marshall Fund – one for $88,000 for centralized intake and the other for marketing coordination. The grants are to be utilized through June 30, 2021.

-- Approved a contract with Tender Loving Family Care Inc., of Webster, for social adult day care services at the rates of $87 per day per person for a five-hour block, $105 per day per person for a full day (9 a.m. to 4 p.m.) and $120 per day per person for an extended full day (7 a.m. to 6 p.m.).

The agreement stipulates that expenses will not exceed $37,750 for the period of July 1, 2020 through June 30, 2021. It is being funded by: $14,040 under Title III-E Respite grant; $18,720 from the Unmet Needs grant; $990 from Expanded In-Home Services for the Elderly grant; and $4,000 from Western New York Alzheimer's Disease Caregiver Support Initiative.