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White big rig speeds through county with cops in hot pursuit

By Billie Owens

A white tractor-trailer was reportedly speeding westbound on Route 5 through Stafford, pursued by Genesee County Sheriff's deputies, when it managed to turn around and head eastbound on Route 5.

Batavia Police Department set up a perimeter on Route 5.

The big rig proceeded to Le Roy, where it turned onto Route 19 southbound.

Wyoming County Sheriff's deputies pursued the vehicle, which is now in Livingston County and being pursued by authorities there.

UPDATE 9:48 p.m.: A reader shared this emergency alert out of Livingston County:

"Law enforcement is currently in pursuit of a tractor-trailer on I-390 southbound from Geneseo. He is trying to ram traffic. Get off the highway at this time."

UPDATE 11:55 p.m.: The chase ended in Livingston County with the driver reportedly being shot by police, according to our news partner, 13WHAM. The chase started in Le Roy following a traffic stop for speeding. The driver reportedly fled with a Le Roy Police officer still on the running board of the vehicle. The truck struck several vehicles, including law enforcement vehicles, during the pursuit. There's no ID on the driver yet released nor have police disclosed any possible motive for the driver to flee.

With Phase Two hopefully around the corner, 39 businesses have submitted reopening plans

By Mike Pettinella

Thirty-nine Genesee County businesses have prepared New York State-mandated reopening plans that address physical distancing, protective equipment, cleaning, communication and screening as they look to move into Phase Two on Friday.

County Manager Jay Gsell said at tonight’s Genesee County Legislature meeting that those businesses have “attested to having their reopening plans in place.”

“They don’t submit them anywhere, but they’ve attested to the fact that they’ve done that and that list is maintained and updated every day (by state officials),” he said.

Gsell said he expects to see a detailed listing of the business categories permitted to open in Phase Two -- professional services, retail, administrative support, real estate and rental and leasing – and also hopes that the next phase will include some parts of county government.

“There will be some guidances coming along … in the next 12 to 24 to 48 hours,” he said. “It’s not something that anyone can answer at this point.”

Legislature Chair Rochelle Stein, who serves in the Finger Lakes Region “control room” with Gsell and officials from other counties, said that as of Monday, campgrounds and tent camping were able to open.

She also reported that the Finger Lakes Region is on track for the Phase Two opening in two days, and that she will be seeking more information about the open meeting executive order that expires tomorrow.

Gsell also advised that a bilingual (English/Spanish) list of all the food pantries in Genesee County is being put together and that a Foodlink food pantry is scheduled for next Wednesday at Northgate Free Methodist Church on Bank Street Road.

He said fresh produce and meat will be included in the food distributed to those who are part of what he believes will be a long line of vehicles.

In other action, the legislature recognized the county’s Emergency Management Services on National EMS Week (May 17-23) with a proclamation read by Legislator John Deleo.

EMS Coordinator Timothy Yaeger said he “truly appreciates” the recognition on behalf of the dedicated, hard-working volunteer fire and EMS departments in Genesee County – Mercy EMS, Mercy Flight, City of Batavia, Le Roy Ambulance and Darien Ambulance.

Wyoming County Fair is cancelled; status of Genesee County Fair to be determined

By Mike Pettinella

The Wyoming County Fair in Pike and several other fairs in neighboring counties have been cancelled due to the COVID-19 pandemic while the status of the Genesee County Fair in Batavia could be determined in the next day or so.

Currently, the Genesee County Fair, scheduled for July 25 through Aug. 1, is still on, according to Agricultural Society President Amanda Gallo.

“No decision has been made at this time, but there is a District 8 (Zoom) meeting this evening that I will be taking part in,” Gallo said.

The meeting will include representatives of the seven-county District 8 of the New York State Association of Agricultural Fairs.

Per the Genesee County Fair website, fair personnel have been monitoring the COVID-19 situation very closely and working with health and state officials concerning the status of the fair.

Jerry Davis, chair of the Wyoming County Board of Supervisors, confirmed that the Pike Fair that was slated for Aug. 15-22 has been cancelled for this year.

Echoing feelings of Genesee County government officials, Davis said he is “holding out hope that we’ll be able to move into Phase Two” of the state’s reopening plan on Friday.

At 14.4 percent, county's unemployment rate is higher than at any point during the Great Recession

By Howard B. Owens

Genesee County's unemployment rate jumped to 14.4 percent in April, the highest rate since the Great Recession, when 10 percent of county residents were without jobs in January and February of 2010.

The highest unemployment rate for the county since 1990 (the oldest data publicly available) was 10.8 percent in January 1992.

The unemployment rate a year ago for April was 3.7 percent. In March of this year, it was 4.9 percent, as it was in February, and it was 5.1 percent in January.

The unemployment rate in the state is 15 percent.

It's 19.2 percent in the Buffalo area and 14.9 percent in the Rochester area.

There are 4,300 people in Genesee County counted as unemployed and 25,200 county residents with jobs.

SUNY and NYS Office of Mental Health launch crisis text line and training to help students during COVID-19 crisis

By Billie Owens

Press release:

The State University of New York and the NYS Office of Mental Health today (May 27) announced the launch of a crisis text line and training initiative, two resources designed to help promote mental health awareness, ease stress and anxiety, and identify and support individuals at risk of suicide.

SUNY advanced its promotion of the resources in order to assist students, faculty, and staff as they confront the COVID-19 pandemic, including SUNY Genesee Community College.

“Slowing the spread of COVID-19 has called for a series of sudden shifts to how we live, work, study, and interact,” said SUNY Chancellor Kristina M. Johnson. “Though this transition is necessary to keep people safe, there may be an unintended, psychological impact of these changes on many of our students, faculty, and staff. We thank the New York State Office of Mental Health for their partnership in providing these resources to our SUNY family.”

“We are very pleased to provide financial support to our partners at SUNY to raise awareness of the programs and resources available to help students who are feeling anxious, depressed or overwhelmed," OMH Commissioner Dr. Ann Sullivan said.

"This is particularly important now as we continue to fight the COVID-19 pandemic and address the many disruptions it has caused. We understand how difficult this can be, and we want you to know that help is available.”

Information about these resources is available at SUNY’s new mental health resource page found here. The first is a Crisis Text Line for students, faculty, and staff who are dealing with emotional challenges. Members of the SUNY community can access the confidential text line 24/7 by texting Got5U to 741-741 for help.

The text line can be used to help alleviate depression, anxiety, stress, and suicidal thoughts. It also provides a way for people to talk about substance use, relationship issues, domestic violence, and school stressors, as well stress and anxiety related to the COVID-19 pandemic.

The second resource is online Question, Persuade, Refer (QPR) training, designed to teach participants how to recognize someone who may be in emotional distress or having suicidal thoughts, and how to appropriately engage and connect that person to resources that can help. Anyone can practice QPR in any setting, and it is appropriate in all relationships.

QPR does not require clinical training, only a willingness to listen, care, and help. Members of the SUNY community may register here and entering “SUNY” as the organizational code.

QPR and the Crisis Text Line are just two ways that SUNY is working to address the mental health impacts of the pandemic among its 64 campuses. All campus counseling centers remain open, and online education experts have been available virtually to alleviate concerns about the transition to online learning.

All 64 SUNY campuses will be receiving marketing materials to promote the availability of QPR and Crisis Text Line services.

Both services are components of a partnership between SUNY and OMH, thanks to $3.68 million from the Garrett Lee Smith Grant that OMH received last year. OMH designated SUNY as one of the partnering institutions of a multi-year sub-award. The grant comes from the Substance Abuse and Mental Health Services Administration, and is awarded to states and tribal nations for comprehensive youth suicide prevention efforts.

Garrett Lee Smith was the son of former U.S. Senator Gordon Smith of Oregon. The younger Smith died by suicide in 2003, shortly before he turned 22. A year later, President George W. Bush signed the Garrett Lee Smith Memorial Act and allocated $82 million to seed grants for suicide prevention.

Suicide is the second leading cause of death among 15- to 34-year olds. For some people, the college years may be especially difficult. The onset of psychiatric conditions may coincide with new experiences at college that are often stressful, even distressing.

Even before the coronavirus pandemic, some studies found increases in depression, anxiety, and suicidality among college students.

In addition to QPR training and the Crisis Text Line, SUNY plans to use the grant to do outreach to college students who may be at risk of suicide; build a repository of mental health resources across the system; and implement and develop a best practices guide for responding to the occurrence of a suicide death.

About the State University of New York

It is the largest comprehensive system of higher education in the United States, and more than 95 percent of all New Yorkers live within 30 miles of any one of SUNY’s 64 colleges and universities.

Across the system, SUNY has four academic health centers, five hospitals, four medical schools, two dental schools, the state’s only college of optometry, and manages one US Department of Energy National Laboratory. As of Fall 2019, more than 415,500 students were enrolled in a degree-granting program at a SUNY campus.

In total, SUNY serves about 1.3 million students in credit-bearing courses and programs, continuing education, and community outreach programs. SUNY oversees nearly a quarter of academic research in New York. Research expenditures system-wide exceeded $1.7 billion in fiscal year 2019, including significant contributions from students and faculty.

There are three million SUNY alumni worldwide, and one in three New Yorkers with a college degree is a SUNY alum. To learn more about how SUNY creates opportunity, visit www.suny.edu, and for more information about additional COVID-19 fundraising efforts, visit #SUNYTogether.

About the New York State Office of Mental Health

The New York State Office of Mental Health promotes the mental health of all New Yorkers, with a particular focus on providing hope and recovery for adults with serious mental illness and children with serious emotional disturbances.

OMH oversees a large, multifaceted mental health system that serves more than 700,000 individuals each year. The agency operates psychiatric centers across the State and also regulates, certifies and oversees more than 4,500 programs, operated by local governments and nonprofit agencies.

Two new test-positive cases of COVID-19 reported in Genesee County

By Howard B. Owens

Press release:

  • As of 2 p.m.
    • Genesee County received two new positive cases of COVID-19, for a total of 183 positive cases.
      • The positive cases reside in Batavia and Darien.
      • One of the positive individuals is less than 20 and one is in their 30s.
      • One of the positive cases was not on mandatory quarantine prior to becoming symptomatic.
      • Two of the previous positive cases have recovered and have been released from mandatory isolation.
      • Two of the total active positive cases are hospitalized.
    • Orleans County received one new positive case of COVID-19, for a total of 209 positive cases.
      • One of the new positive individuals resides in Carlton.
      • Of the new positive case the individual is in their 70s.
      • None of the new positive cases were on mandatory quarantine prior to testing positive.
      • Twenty 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.

Average local gas prices start to follow national upward trend

By Howard B. Owens

Press release from AAA:

After dropping to a low of $1.76 in April, the national gas price average is pennies away from hitting the $2/gallon mark. Today’s average is $1.96, which is 8 cents higher than a week ago, 19 cents more than last month, but still a significant 87 cents cheaper than the end of May 2019.

The more expensive pump prices can be attributed to fluctuations in crude and demand.

In the past week, crude oil hit its highest price point – nearly $34 per barrel – since the Administration declared the COVID-19 outbreak a national emergency and many states started implementing stay-at-home restrictions. While demand has been increasing since the end of April, it is down 28 percent compared to the first three weeks of May last year. 

“Americans have seen significantly cheaper-than-normal gas prices the past two months," said Elizabeth Carey, AAA spokesperson. "However, those low prices – as well as crude oil prices – have been inching upward.

"While motorists will see pump prices continue to increase, AAA does not expect the summer average to be as expensive as last year’s season.”

One factor that could cause a sudden spike in gas prices is the Atlantic hurricane season, which is June 1 through Nov. 30.

The National Oceanic and Atmospheric Administration predicts the 2020 season will be above-normal, potentially resulting in 13-19 named storms. An average Atlantic hurricane season typically produces 12 named storms, including three major hurricanes.

Here's a look at today’s average prices:

  • Batavia -- $2.21 (up 1 cent since last week)*
  • Buffalo -- $2.21 (up 2 cents since last week)
  • Ithaca -- $2.12 (down 1 cent since last week)
  • Rochester -- $2.20 (up 1 cent since last week)
  • Rome -- $2.18 (up 6 cents since last week)
  • Syracuse -- $2.08 (up 2 cents since last week)
  • Watertown -- $2.18 (up 4 cents since last week)

From GasBuddy:

"Average gasoline prices across the United States continue to recover as more motorists take back to the roads as states relax previous shelter-in-place orders and begin filling their tanks, driving demand to continue rising," said Patrick DeHaan, head of petroleum analysis at GasBuddy.

"Since demand is a major ingredient in what drives gasoline prices and demand is likely to continue to rebound, it is also pushing the price of both crude oil and gas prices higher.

Unfortunately, thus far, refiners have started to input more crude oil into their refineries, but there has been some lag as refiners remain cautious on flooding the market with unwanted products.

As long as COVID-19 cases continue to drop over time and provinces reopen, I suspect it is only a matter of time before average price hits the $2 per gallon mark again, which could happen as early as this week."

*NOTE: Batavia's price is an average of gas stations throughout the Batavia micropolitan area (aka, Genesee County).

Two teens from Pembroke seriously injured in crash on West Main Street Road, Batavia

By Howard B. Owens
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Two teenagers from Pembroke are in critical but stable condition at Erie County Medical Center following an accident on West Main Street Road, Batavia, last night.

A 2013 Chevy Impala driven by Daniel P. Sonnefeld, 19, was leaving Dave's Ice Cream at 9:15 when it apparently attempted to make a left turn, pulling in front of a 2020 Freightliner semi-truck that was eastbound on Route 5.

The tractor-trailer struck the driver's side of the Impala, sending the vehicle to the north shoulder of the roadway where it came to rest. 

Sonnefeld was transported by Mercy EMS to ECMC for serious injuries.

A second occupant, Gabriel Johnston, 18, was transported to ECMC by Mercy Flight with serious injuries.

Phouthason S. Kittisack, 18, of Batavia, also a passenger in the sedan, sustained minor injuries and was released at the scene.

The Freightliner was driven by Rondal J. Crosby, 45, of Buffalo. He was not injured.

The accident is being investigated by the Sheriff's Office, including the Crash Management Team. Assisting at the scene were Town of Batavia fire, East Pembroke fire, Oakfield fire, Batavia PD, Mercy EMS, and State Police.

(Initial Report)

Council considers measure that increases unassigned fund balance to 25 percent of operating expenditures

By Mike Pettinella

Batavia City Council tonight took a step toward changing the municipality’s fund balance policy to give it more muscle and flexibility in dealing with financially stressful circumstances.

Council members agreed to forward a resolution to their June 8 Business Meeting that increases the unassigned fund balance level from 10 percent to a range of 15 to 25 percent of the City’s general fund operating expenditures.

Tonight’s meeting was conducted via Zoom videoconferencing; the June 8 meeting is scheduled to return to the City Hall Council boardroom.

Deputy Director of Finance Lisa Neary, in a memo dated May 18 to City Manager Martin Moore, wrote that she is recommending the revision “in consideration of the current economic situation the City is facing and, in an effort, to create a healthier financial outlook.”

The proposal triggered a 24-minute discussion that touched upon fund balances and reserves as well as restrictions that come with the different types of accounts.

MOORE: TIME HAS COME TO MAKE A CHANGE

“Last August, when we had our financial report we were at approximately 11.3 percent,” Moore said. “Well, we think that it’s time, particularly because of the challenges we’re facing and the impact on the unassigned fund balance, that we need to have an additional amount of unassigned in there to be able to face significant situations.”

Moore said the change is being requested to give the City a lower target to shoot for at 15 percent in unassigned funds but also to have a goal of up to 25 percent in case revenues dried up for several months or if the City faced a “significant challenge” such as a large health insurance claim.

In effect, the move could buy the City some time, with Moore stating that the 10-percent level equates to about five weeks’ worth of unassigned fund balance and that 25 percent moves the bar to three full months.

Neary said the fund balance policy “needs to be a policy that meets our best interests.”

“It seems as though coming into this COVID issue, that 10 percent really doesn’t suit our purposes," she said. "That’s not to say that we’re going to get to 15 or 25 (percent) overnight. We’re going to need a number of good years in order to hit those kind of percentages. But we need at least a policy to do that."

JANKOWSKI: GIVES US A CUSHION

Council President Eugene Jankowski said he thought it was a reasonable request, adding that bumping up the percentage would give the City a cushion if the “market drops or something wild happens like this experience.”

Jankowski mentioned that Council previously budgeted to put money into reserves, but, in light of what has transpired with the coronavirus, it would act differently now.

“Maybe we didn’t want to put that money into reserves because we needed it for everyday operating expenses,” he said. “There really is no mechanism for us to pull money out of reserve and say, ‘never mind we’re going to not use it for reserve, we’re going to put it over here.’ The reserves are reserves because they’re protected; they’re locked (for specific purposes) for a reason.”

Moore said that a conversation is taking place with local and state leaders about reserve fund options and that he plans to reach out to Assemblyman Steve Hawley and Sen. Michael Ranzenhofer “to allow us to deal with operating expenses and give us a reasonable time to be able to repay the reserve.”

VAN NEST: RESTRICTIONS ABOUND

City Attorney George Van Nest said the problem with reserve funds under Article 6 of the General Municipal Law is that each type of reserve fund is very restrictive as to what it can be used for, and if there’s any leftover balance as to how that can be used.

“When you get into a financial situation like this, you just don’t have the statutory flexibility that you’d hope for or want to be able to access some of those funds …,” he said.

Van Nest then mentioned a bill in the State Assembly (A10492) relating to bond anticipation notes issued from 2015 to 2021 that authorizes the expenditure and temporary transfer of reserve funds for expenses related to COVID-19, and gives an extension of repayment of interfund advances made for expenses related to COVID-19.

“This legislation is something that NYCOM (New York Conference of Mayors) has obviously been supporting on behalf of municipal members and something that they are tracking very closely,” he said.

Council Member John Canale asked Van Nest if the board would be able to “borrow our own money … and then pay that fund back?”

Van Nest said that a capital reserve fund could only be used for capital expenditures and that a transfer from any type of reserve could be used for COVID-related issues as long as it is repaid, with interest, within a five-year period.

Jankowski said he puts a lot of stock in reserve funding for specific projects, but it’s not a priority at the moment.

“If we would have known in January when we were doing our budget that we were going to take a hit, I don’t think any of us would have put any money into reserves,” he said. “We would have said let’s hold off in reserves this year and keep the money in our fund balance or in our fund, not in reserves, in the event we go short somewhere, then we have the money.”

NEARY: RESCINDING MAY BE AN OPTION

Neary said that she believes that Council has the power to rescind a prior authorization to fund reserves in the 2020-21 budget, leading Van Nest to say that he would look into such a measure.

Canale wrapped things up by saying he wanted to know “for a fact what our options would be.”

“It’s about being prepared for the worst,” he said. “And I think at this point we really need to. I’m doing it on a personal level as well. I’m preparing for the worst and making sure that I have funds available if I need to during a second wave of this thing.”

In other action, Council approved a resolution amending the City’s investment policy to add BankonBuffalo (formerly Bank of Akron) as a designated depository. The resolution was immediately forwarded from the Conference Meeting to a Special Business Meeting set up tonight exclusively for this item.

In explaining the reasoning for the move, Moore said that the City has a chance to get a “more favorable” interest rate of around .75 percent from BankonBuffalo by investing liquid funds that aren’t immediately needed but could be accessed if necessary.

City Clerk Heidi Parker said the resolution was expedited to get BankonBuffalo “in there so we can move quickly in investing this money.”

Future policy changes would allow investments to be made without having to wait “for a Council meeting to come up in case it is a bank that is not listed as one of our designated depositories,” she said.

Jankowski said he had no problem with the resolution, but asked for additional modifications in the wording of the policy that included “some kind of checks and balances” to make sure that more than one person is involved in the process.

He suggested that Parker, Moore, Neary and Assistant Manager Rachael Tabelski all have a say in these types of investments and the financial institutions to be utilized.

Also, as previously reported on The Batavian, Council moved to the June 8 meeting a resolution that spells out a $554,112 grant the City received from the NYS Department of Health’s Lead Service Line Replacement Plan.

The grant will enable City crews to replace up to 75 lead service lines on Swan, Hutchins and Otis streets on the City’s Southside.

DPW Director Matt Worth said the grant requires no match from the City and the only cost a homeowner would incur is if crews were unable to make a connection from the curb shut-off into the house likely due to a deteriorating pipeline.

(Click here to see the previous story.)

Another resolution forwarded to the June 8 meeting was a motion to obtain a firm to provide administration/engineering services for a $750,000 Downtown Revitalization Initiative project to improve Jackson Square.

Worth said the deadline for firms to respond to the City’s request for quotation is Wednesday.

He also reported that the City Centre mall roof replacement project is about 35 to 40 percent complete and he expects it to be done within 30 days.

“Hopefully, the buckets will be gone by the end of June,” Jankowski quipped.

Serious injury accident reported in front of Dave's Ice Cream in Batavia

By Billie Owens
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A serious injury accident is reported in front of Dave's Ice Cream on West Main Street Road in Batavia. Two Mercy flights are called to the scene; one has a 30-minute ETA. Town of Batavia Fire Department is responding along with Mercy medics. East Pembroke is called for traffic control. 

Eastbound Route 5 is to be shut down at Kelsey Road.

UPDATE 9:30 p.m.: East Pembroke Fire Department is also responding.

UPDATE 9:31 p.m.: Both patients are extricated. Mercy Flights are to land east of the scene. East Pembroke is on scene.

UPDATE 9:38 p.m.: Mercy Flight Central with a 15- to 20-minute ETA is cancelled. The patient will be transported to a hospital via ground ambulance.

UPDATE 10:50 p.m. (By Howard): A sedan occupied by three teenage males was exiting the parking lot at Dave's Ice Cream when it was struck in the side by a semi-truck. All three occupants are considered in critical condition though the injuries are not necessarily life-threatening. Crash Management is conducting an investigation as a precaution. The investigation is ongoing.

Public Health reports one new positive COVID-19 case in Genesee County

By Howard B. Owens

Press release:

New Cases

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 181 positive cases.
      • The positive case resides in Batavia.
      • The positive case is in their 50s.
      • The positive case was not on mandatory quarantine prior to becoming symptomatic.
      • Four of the previous positive cases have recovered and have been released from mandatory isolation.
      • Two of the total active positive cases are hospitalized.
    • Orleans County received five new positive cases of COVID-19, for a total of 208 positive cases.
      • One of the new positive individuals resides in Ridgeway, one of the positive individuals resides in Yates, one of the positive individuals resides in Shelby and one of the positive individuals resides in Albion.
      • One of the new positive cases is a resident of Orchard Rehabilitation & Nursing Center
      • Of the new positive cases one individual is in their 20s, one of the individuals is in their 30s, one of the individuals is in their 40s, one of the individuals is in their 60s and one of the individuals is in their 80s.
      • None of the new positive cases were on mandatory quarantine prior to testing positive.
      • Eleven of the previous positive community cases have recovered and have been released from mandatory isolation.
      • Twenty 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.
      • We are truly saddened to receive word that 2 of our residents have died related to COVID-19. Both of the residents lived at Orchard Rehabilitation & Nursing Center. Our deepest condolences go to the family and friends of each of these individuals during this very difficult time.

Car drives into silo on Judge Road, Oakfield

By Howard B. Owens

A driver reportedly choked on coffee, causing him to lose control of the car before his vehicle collided with a silo at 2767 Judge Road, Oakfield.

The driver has spoken with dispatchers, although he is reportedly injured.

Oakfield Fire Department is responding. All Mercy EMS ambulances are tied up on other calls. An ambulance from Medina is requested.

The vehicle is a pickup truck with a trailer. There are propane takes in the area.

UPDATE 7:12 p.m.: A hazmat team requested to the scene for a propane leak.

UPDATE 7:13 p.m.: Judge Road is being closed.

UPDATE 7:24 p.m.: Firefighters have secured one tank and are working on the second.

UPDATE 7:30 p.m.: Both tanks are secure.

Police called on to break up numerous disturbances in Batavia over the past day

By Howard B. Owens

As temperatures have gone up the past couple of days tempers have flared, it seems, in some parts of the city.

Over the past 24 hours, there have been multiple calls for disturbances on State Street, as well as calls to Hutchins Place, Jackson Street, Watson, and Thorpe.

On State Street, Police Chief Shawn Heubusch said it appears there are multiple neighbors who can't get along and he suggested they never have and they never will. 

"Nothing has risen to the level that we can arrest anybody," Heubusch said, though it would be helpful if witnesses to incidents were willing to put their statements in writing.

After a call on State Street this afternoon, which brought a response from Batavia PD and the Sheriff's Office, including a K-9, one deputy on State Street, when asked what was going on said, "A whole lot of 'I saw nothing.' "

"Neighbors have been calling, and that's good, but our hands are tied by changes to criminal justice this year," Heubusch said. "Without a statement, the most we can do is write an appearance ticket."

The local landlords are also more restricted in how they can respond to troublesome tenants, Heubusch noted, because of the moratorium ordered by Gov. Andrew Cuomo on most evictions, especially evictions related to missed rent payments.

Speaking of the COVID-19 pandemic response, Heubusch said, he doesn't think the recent spate of disturbances is the result of eight weeks of being on lockdown. 

"These calls mostly involve people we've dealt with before," Heubusch said. "I don't think the lockdown is coming into play."

Batavia PD does have cameras installed to help monitor the situation on State Street and at Watson and Thorpe.

He said he understands the public might want more done but that takes cooperating witnesses.

One of the objectives of a police response to a crowd of people involved in a ruckus is to get the people to disperse, Heubusch said. If police can do that, it will help defuse the situation and hopefully help avoid an escalation of violence.

It might be a long summer, the chief said.

"(The disturbances are) definitely a concern," Heubusch said. "That's for sure."

Q&A with Jay, Vol. 2: Medicaid stimulus funds 'missing in action'; six furloughed employees are back on the job

By Mike Pettinella

Earlier this month, The Batavian asked Genesee County Manager Jay Gsell a series of questions pertaining to the COVID-19 pandemic, the New York State budget and state aid, and federal stimulus proposals.

With the Finger Lakes Region (which the county is part of) poised to enter Phase Two of Gov. Andrew Cuomo’s reopening plan, we caught up the Gsell again today to update our readers about issues that will have and are having a direct effect on county operations.

No. 1 – New York’s $13 Billion Budget Gap

The state’s $13 billion gap, which probably is growing, is tied to the Fed Stim (Stimulus) 4.0 proposal, and we’re also waiting for his (Cuomo’s) first 30-day hit with regard to the state budget and state and county aid reimbursement, or lack thereof. There are three “measurement” periods – the month of April, May through June, and July through December, and we haven’t heard anything yet.

Under the Fed Stim 4 -- the compromised legislation that we hope will get enacted in June, if it doesn’t slip away entirely because of what is going on in Washington right now and the very partisan wrangling that’s going on -- there’s going to be a “Maintenance of Effort” clause in there. That says money can not be reduced or diverted from, in this case, the state down to the other governments if we are part of Fed Stim 4 – with regard to the governor replacing state money with federal money and then still making cuts to local governments.

No. 2 – County Waits for Medicaid Funding

To the best of my knowledge – getting information from the New York State Association of Counties -- there’s already about $2.2 billion that the Fed Stim 1 / 2 provided to the State of New York for Medicaid – for our adjustment of weekly shares of Medicaid. We have not seen hide nor hair of that yet.

In Fed Stim 1, this money went to the states and that’s why we haven’t seen it yet. By the same token, the new Fed 4.0, that may or may not happen, there would be actually no pass-throughs in some cases or limited pass-throughs from state governments to the locals. It would actually be based on population and one or two other metrics, particularly COVID-19 expenses and some other destitution loss of revenue. Remember this is nationwide, not just New York State.

We’re talking now almost two months. I know that there’s a process called reconciliation that is slightly connected to this. Three years recouping of the money that was spent in the Medicaid program on a county-by-county basis. In Genesee County, we would be owed some money. Until they refine that reconciliation process, they’ve been sitting on this Medicaid weekly share money. That is something that Congress recognizes and (saying) "so if that’s the case, why is it that they are asking for money?"

About $450,000 would be adjusted out of our weekly shares over the balance of this calendar year for us at this point. There are 52 weekly shares – do the math, that’s what it represents. But it would obviously be savings to us in our general fund budget. It would help us reduce our $9.6 million (annual mandated Medicaid) payment to something closer to maybe just under $9 million as far as calendar year 2020.

No. 3 – Sales Tax Money to Aid Distressed Facilities

In this new state budget, there is a distressed $250 million fund that was set up that is going to be funded from county sales tax shares … so they can put this distressed hospital fund together. There is also federal money for distressed hospitals since COVID-19 started. Then the question will be, "How are states balancing that or not and adhering to these new federal cautions regarding Maintenance of Effort?"

I am seeing in terms of the more recent back-and-forth with Fed Stim 4 that as long as it is not something like the $3 trillion Christmas package that the House voted on – that barely passed two Fridays ago – (there’s a chance it could pass). There’s still some other loan programs and other benefits that they would like to be able to re-up and continue, and the Fed Stim 4 would be an opportunity to do that.

The piece that is connected to aid to counties, cities, towns and villages across the country, still has a decent chance of getting enacted. It was supposed to happen right after Fed Stim 3.5, then it got pushed back to this month which is almost over, so it looks like sometime maybe mid-June if we’re lucky,

No. 4 -- Genesee County’s Operational Status

All of the departments are putting together their reopening plans. We’re still on pause, at least until Friday. Some of our departments that are connected to state agencies like the courts and DMV may be into June before they can remotely think about some kind of general public reopening, and even that will be on a gradual basis.

Our highway crews are back – doing roadwork. We’ve never changed the operations as far as the jail, communications and the sheriff’s department; same thing with the county health department that has been working on full cylinder right from the get-go. Same with county emergency management.

We’ll start preparing at the very end of this month or early June, presuming that NY Pause is not part of our future.

If our seven metrics in the metric calculator that the state uses all stay in the green, we should be able to open on Friday for Phase Two. Again, there’s no absolutes as far as that’s concerned. Again, we’re talking about a (Finger Lakes) regional basis, so we may not be able to start Phase Two on Friday.

No. 5 – Six Furloughed Employees Return to Work

We are bringing a few people back. From our perspective and the departments’ perspective, they need to bring people back to help meet the demand and pick up the slack. But, again, we are using it also as a budget-saving tool in case the state comes in with its 20 percent reduction right out of the gate – which could be about three-and-a-half million dollars. Plus, whatever happens with our next quarter sales tax (revenue) report.

Currently, 42 employees are on furlough – (down from 48) – and we also froze another 40 positions that are staying that way. If your buildings and operations are not at full service, there’s no point in trying to bring people in to fill vacancies when you can’t send them off to training, can’t send them to the schools, can’t get them oriented, and even can’t have them work with colleagues to learn on-the-job training stuff.

No. 6 – The Importance of the 2020 U.S. Census

People need to fill out their U.S. Census forms. A lot of what’s coming with this state and federal aid is connected to the population of our communities. We need to have the U.S. Census filled out and achieve a better than 72 percent (rate). We need to be as close to 100 percent as we can. A significant number of the dollars are connected to the population of the communities across the country, so we do not want to be on the short end of that equation.

Finger Lakes Knights of Columbus treat healthcare heroes at St. Ann's in Le Roy to delicious food

By Billie Owens

Submitted photos and press release:

The Finger Lakes Chapter Knights of Columbus has been recognizing healthcare heroes working at local nursing homes as part of an organization-wide effort for appreciating frontline workers and supporting local businesses, especially during the coronavirus pandemic.

Most recently, the Knights of Columbus decided to recognize the healthcare heroes working at St. Ann’s Community.

The Knights of Columbus came armed with breakfast pizzas and DiBella’s sub trays for all employees at St. Ann’s Community at Chapel Oaks located in Irondequoit, St. Ann’s Community at Cherry Ridge located in Webster, and St. Ann’s Community at The Greens located in Le Roy.

Employees at all three locations were appreciative of the kind gesture and enjoyed the delicious food.

“We are truly grateful for the show of support from the Knights of Columbus for our healthcare heroes,” said Michael E. McRae, president and CEO of St. Ann’s Community. “Our team has been working extraordinarily hard throughout the pandemic, and we know they enjoyed this much deserved treat.

"Thank you again to the Finger Lakes Chapter Knights of Columbus for the generosity and recognition of our frontline workers.”

Hot and steamy airmass may create thunderstorms this evening

By Billie Owens

The National Weather Service in Buffalo late this afternoon reported that: "a very hot and steamy airmass will allow for thunderstorms to develop through the early evening hours. Any storms that form will be very slow moving and will feature torrential downpours."

Caller reported child left unattended in black minivan in Alexander driveway

By Billie Owens

About 10 minutes ago, a caller to dispatch reported a small child was left unattended inside a black minivan in a driveway in the 10,000 block of Main Street in Alexander.

The caller was concerned about the child's welfare because of the heat. It is the 90-degree range today. A deputy responded but the vehicle was apparently gone by then because she reported that she had no contact with it.

When temperatures outside range from 80 degrees to 100 degrees, the temperature inside a car parked in direct sunlight can quickly climb to between 130 to 172, according to the Centers for Disease Control and Prevention.

The temperature inside a closed car rises most quickly during the first 15 minutes that it is left in the sun, according to the CDC.

Crossroads House postpones July's Huge Annual Garage Sale to later this year, will accept donations next month

By Billie Owens

Press release:

The Crossroads House Huge Annual Garage Sale will be RESCHEDULED to a later date this year.

We will be monitoring the NY Forward guidelines and working with the City of Batavia for direction on appropriate time and set up of the sale.

The Huge Garage Sale is by far, our largest yearly fundraiser and a popular event in the community. However, the current guidelines for large gatherings during the coronavirus pandemic make it impossible to plan for our usual third week in July and at the capacity we normally have.

In the meantime, we will start accepting donations on June 16th -- every Tuesday from 9 a.m. to 4 p.m.

Donation criteria remains the same: clean, unbroken, sellable items.

The list of items we do not accept are: Clothing, particle board furniture, TV stands, electronics, linens, stuffed toys and books. We are also unable to pick up donations this year.

We appreciate your understanding with additional limitations this year as our sale will be shorter and space and volunteer processing availability. Our goal is to have a successful “abbreviated” event. We thank our great community for all the wonderful support.

If you have any questions, feel free to call Val at (585) 519-5545, or Jim at (585) 409-0916.

We will follow up with new dates and look forward to a great sale!

Law and Order: Sparks Road man accused of unlicensed driving while under influence of drugs

By Billie Owens

Joshua Lee Baltz, 44, of Sparks Road, Pavilion, is charged with: aggravated unlicensed operation of a motor vehicle in the first degree, a felony; driving while under the influence of drugs; and speeding -- going 76 in a 55-mph zone. Baltz was stopped for speeding on Alexander Road in Alexander at 11:51 p.m. on May 23 and allegedly found to be impaired by drugs. He was issued appearance tickets for Town of Alexander Court on July 21. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Ryan Young.

Warren David Post, 52, of Genesee Street, Corfu, is charged with: driving while intoxicated; DWI -- operating while having a BAC of .08 percent or higher; aggravated unlicensed operation in the first degree; and failure to keep right. On May 24, Post was arrested at 4:44 p.m. on Pearl Street Road in Batavia following a traffic stop. He was released on traffic tickets returnable to Batavia Town Court on July 16. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy David Moore.

Brianna S. Green, 23, of Batavia (no address provided), was arrested and charged with petit larceny following a shoplifting complaint at Walmart in the Town of Warsaw (Wyoming County). On March 29, it is alleged that she stole $65.82 in merchandise. Green was arrested on May 23 on the charge. She is due in Town of Warsaw Court on July 13. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

NYS Department of Health grant targets lead service lines on Swan, Hutchins, Otis streets

By Mike Pettinella

The City of Batavia has tapped into a New York State program designed to help municipalities “get the lead out.”

Batavia City Council members, at their Conference Meeting via Zoom tonight, are expected to hear from Public Works Director Matt Worth about a $554,112 grant the City has received from the NYS Department of Health’s Lead Service Line Replacement Plan.

Worth said he and his staff have developed a work plan that is designed to replace 75 lead service lines on Swan, Hutchins and Otis streets on the City’s Southside.

“We suspect that 20 to 30 percent of our residential services may still be lead -- from the water main to the curb shut-off,” Worth said. “We have never observed it from the curb shut-off into the house.”

He said that City crews will be conducting vacuum excavations this summer in anticipation of construction starting as early as this fall and no later than next spring. The City awarded the engineering contract to GHD of Buffalo.

Worth said about $500,000 will be available after subtracting engineering costs.

“We’ll try to preserve as much as we can because every dollar we save on that side is maybe one more service we can do,” Worth said. “The vacuum excavation on the front end is being done all out of City costs – we’re not trying to use the grant money – so we can preserve as much of that grant money as possible to do as many services as we can.”

Lead was commonly used in the 1940s and ‘50s, Worth said, before giving way to galvanized pipe, copper, plastic and lead-free brass.

“Nothing that we use now contains any lead in it in the water industry,” he advised.

Worth said lead isn’t a significant health issue in water systems because the “water system creates a coating on the inside of the lead service, so the water does not come into contact with the lead. So, we don’t typically see concentrations of lead in people’s water when we test it.”

He said the City’s treated water is a little higher on the pH scale, and that tends to make it less corrosive.

“If you have water that is on the lower side of the pH scale, it can be more acidic and corrosive, and that’s where you will have a bigger issue with lead coming into people’s homes through the water,” he explained.

The NYS Lead Service Line Replacement Plan identifies grant recipients based on criteria included in the state’s Clean Water Infrastructure Act of 2017.

According to the DOH website, the U.S. Environmental Protection Agency (EPA) estimates that drinking water contaminated with lead can contribute to 20 percent or more of a person’s total exposure to lead, and infants who consume mostly mixed formula can receive 40 percent to 60 percent of their total exposure to lead from drinking water.

Funds from the grant can cover engineering fees (planning, design and construction), legal fees, municipal administration fees, construction (materials, equipment, workforce) and site/property restoration.

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