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The COVID-19 pandemic has not only adversely affected business operations and the economy, it also has fueled a surge in the opioid crisis, placing added strain on those in substance use recovery who have been isolated by state-mandated stay-at-home orders.

John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse, drove home that point on Wednesday during the agency’s annual meeting via Zoom videoconferencing.

“Obviously, COVID-19 has changed how we do business and it has changed the landscape of where we were at a year ago,” Bennett said. “From 2017 to 2018, we saw a reduction in opioid overdoses across the country, and just last year alone there was a 5-percent reduction, according to the Centers for Disease Control.”

But this year, things are very different, he said, reporting that the overdose rate went up 18 percent from a year ago in March, 29 percent in April, and a 42 percent in May.

“So, overdoses are up 42 percent across the country, and I don’t think regionally that it’s any different. We’ve seen an increase in overdoses and overdose deaths,” he said.

Latest statistics were compiled by the Overdose Detection Mapping Application Program, a national surveillance system that provides near real-time suspected overdose data.

Despite the disheartening news, Bennett said that GCASA is steadfast in its mission to offer a wide spectrum of services to those in need.

“GCASA has been a regional leader in building new addiction services that normally aren’t in rural communities, and we continue to be committed to maintain our efforts to expand services so that folks in our regions and in our communities don’t have to travel outside the area,” he said.

Bennett, who took over as executive director in 2012, commended the board – “very committed and dedicated individuals who are kind and caring” – and praised his staff.

“To my staff who are on the call today, I’m super proud of all of you,” he said. “You’re always willing to pitch in and assist our community partners and advocate for people suffering from addiction.”

Outgoing Board President Brian Paris conducted the election of new board members and presented the new slate of officers.

Elected to their first three-year terms were as follows:

• Jennifer Groff -- The director of fiscal operations and child support for Genesee County Department of Social Services, she has served on the GCASA Foundation board since 2018.
• Stefano Napolitano -- The City of Batavia fire chief, he also serves on the Foundation board and his department participates in the Police Assisted Addiction & Recovery Initiative in conjunction with GCASA.
• Jackie Gardner -- She is vice president of client services for Claims Recovery Financial Services.
• Pattie Kepner -- She is the associate executive of quality assurance for the Arc of Genesee and Orleans, having worked in human services for more than 30 years.
• Tim Batzel -- He is the business administrator at Alexander Central School, which contracts with GCASA for Prevention services.

Bennett thanked the outgoing board members for the six years of service. They are Paris, president; Shelley Falitico, Shawn Heubusch, Holli Nenni and Daniel Thurber.

The new slate of officers:

-- President, Virginia Taylor.

She holds a Ph.D. in Higher Education, which she received at the age of 50.  She is a recipient of the WNY Network for Women Leaders in Higher Education Bernice Poss Award, a Buffalo Business First 40 Under 40 Recognition Award, and Niagara County Community College Distinguished Alumni Award.

-- Vice President, Victoria Elsenheimer.

She is the executive assistant to the Vice President of Advancement, a position she has held for the past 12 years at Brockport State College. She joined the U.S. Army in 1989 and was enlisted in the Army Reserves for 17 years; honorably discharged as a Sergeant in 2006.

-- Secretary-treasurer, Frederick Rarick.

He is an attorney in Batavia; practicing law for 35 years in the representation of individuals charged with crimes. He is licensed to practice law in New York, California, and Washington, D.C. He was a past board member of the Genesee County Veterans’ Support Network.

Menzie, LeBaron Earn Scholarships

As previously announced, Jillian Menzie, of Bergen, and Ashlyn LeBaron, of Albion, received GCASA Foundation scholarships for 2020.

Each award was for $1,000.

Menzie is a 2020 graduate of Byron-Bergen Central School who plans to attend Brockport State College to pursue a nursing degree with a minor in Spanish.

In addition, she plans to study abroad as well as join the Army ROTC program. Throughout her high school career, she participated in many sports teams, music programs, and clubs. 

LeBaron is a 2020 graduate of Charles C. D’Amico High School in Albion and valedictorian of her class. She plans to attend either Cedarville University in Ohio or Roberts Wesleyan College to pursue a career in nursing.

She, too, participated in numerous extracurricular activities, including sports, band and orchestra.

Disclosure: Story written by Mike Pettinella, GCASA publicist.

Update, June 16, 11 a.m. with link to a map of Ellicott Trail.

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In the eyes of Batavia Town Supervisor Gregory Post, Wednesday’s grand opening of Ellicott Trail -- the 4.6-mile walking/bicycling path stretching from Seven Springs Road to Pearl Street Road – illustrates perfectly what can be achieved through collaboration.

“It’s a great example of what communities can do working together, in spite of COVID, in spite of setbacks, in spite of funding issues. This has been legitimately and overwhelmingly successful,” Post said during last night’s Town Board meeting via Zoom videoconferencing.

A joint venture of the Town and City of Batavia with support from Genesee County, Ellicott Trail is actually about 9 miles from end to end if you include sidewalks and bridges.

CLICK HERE for a webpage that includes a map of the Ellicott Trail.

The $1.7 million project was funded mostly by a state Department of Transportation grant, with the City and Town each contributing 10 percent of the cost.

Post commended all those who worked to make the trail a reality – “there probably has been 100 persons involved in design, development, construction and administration,” he noted – and had high praise for the Town Highway Department, led by Tom Lichtenthal, highway superintendent.

“It has been an extraordinary effort by those three gentlemen that serve Tom in the highway department as well as Tom putting in yeoman’s hours … to complete all of these tasks under some pretty serious deadlines,” Post said.

The Town received a certificate of merit from the New York State Assembly, recognition fronted by Assemblyman Stephen Hawley.

Post said the project hasn’t been an easy one to navigate.

“I appreciate everyone’s attendance in constructing this project over the last four and a half years,” he said. “It has been one of the largest boondoggles administratively that we’ve ever undertaken, but I think it’s one of the showcase constructs and is very visible and well received …”

In other developments, Post:

-- Reported that Town employees have been working overtime to deal with recent water pressure issues.

“Crews have been working 12 hour days, seven days a week, contending with unprecedented amount (of demand) that have taxed the resources, so we’re now pulling water from Monroe County, Erie County and the City of Batavia’s plant,” he said. “There have been a few times where it has been very close to not having enough water.”

He said there was an incidental pressure drop for an hour on one segment of Galloway Road, but since then “we have installed a booster pump and 800 feet of 8-inch water main on Powers Road, and through shared services with the New York State Thruway today, secured that with barriers to prevent any expansion or contraction issues that may interrupt that flow. So, we’re still maintaining pressure flow to everywhere in the town.”

Post said while Genesee County is working on getting additional water flow from the east, the Town is placing “a priority on any unnecessary use of water or any unanticipated use of water for firefighting services” that will result in the need to add people on to operate valves for an interim period.

-- Acknowledged the revenue distribution to towns and villages passed yesterday by the Genesee County Legislature’s Ways & Means Committee.

“On a good note, I’d like to inform everyone that there was a Ways & Means Committee (meeting), that has adopted a proposal to distribute some revenue sharing to all the communities,” he said.

“The amounts are listed in the paper (actually on The Batavian, click here to view), and we also did receive our discounted money from the video lottery terminal (generated by Batavia Downs Gaming).

-- Advised that Town Hall staff will continue to operate remotely, but the drive-thru window will be open.

“Courts are opening on a limited basis and that will continue as they get new direction from the state on their email train,” he said.

He also said he will be renewing a state of emergency declaration effective at 6 o’clock today “to comply with FEMA (Federal Emergency Management Agency) and state and federal requirements to maintain cash flow -- so that reimbursements will be seamless for the additional costs and expenses we have accrued through this episode and to continue to keep everyone healthy.”

Update: 7:45 p.m. with comments from Rochelle Stein, County Legislature chair

The Genesee County Legislature’s Ways & Means Committee this afternoon approved $1.1 million in voluntary distributions to the county’s towns and villages.

The measure will now go to the full legislature for final approval at next Wednesday’s meeting at the Old County Courthouse.

According to the resolution, the payments are being made “in good faith” despite “the unprecedented financial constraints that Genesee County faces in determining a voluntary distribution.”

The amount of the payments, which are based upon taxable assessed valuation, are as follows:

• Town of Alabama, $43,508.30;
• Town of Alexander, $44,939.40;
• Town of Batavia, $188,098.90;
• Town of Bergen, $54,447.80;
• Town of Bethany, $45,145.10;
• Town of Byron, $52,228.00;
• Town of Darien, $108,829.60;
• Town of Elba, $40,630.70;
• Town of Le Roy, $90,932.60;
• Town of Oakfield, $33,621.50;
• Town of Pavilion, $60,039.10;
• Town of Pembroke, $110,027.50;
• Town of Stafford, $69,514.50;
• Village of Alexander, $8,102.60;
• Village of Bergen, $20,825.20;
• Village of Corfu, $14,765.30;
• Village of Elba, $11,825.00;
• Village of Le Roy, $79,856.70;
• Village of Oakfield, $22,662.20.

"This proves that we are being true to our commitment that there is an intention to share when we gain information," Legislature Chair Rochelle Stein said. "We said that there are four things that we have to understand before we can send out any distribution, and we learned one of them -- sales tax and other revenue that has or hasn't been adjusted by the state. That is so important."

Stein said the total of $1.1 million is "a step in the right direction," especially in light of the fact that state aid for the county's mental health services, highway improvement fund and video lottery terminal revenue each were cut by 20 percent.

"We've asked the town and village leaders every Saturday to stick with us and have patience," she said. "We can make a better decision when we have facts. We are holding up to our word and we are doing what we can, when we can."

Stein, in late March, advised town and village leaders that the county couldn't abide by the current distributuion schedule due to COVID-19 and the state being "on pause," stating at the time that "the county would not be able to write checks that we could not cash.”

Action by the legislature to cancel distribution agreements from 2018 and 2019 caused quite a stir among leaders of the municipalities that also were facing serious budget problems.

Assistant County Manager L. Matthew Landers said the distribution is "an amount that the legislature feels is safe for the county to make and prudent for the county to make at this point in time, considering there are still a lot of unknowns."

Landers mentioned the uncertainty surrounding the four measurement points that Gov. Andrew Cuomo has put in place to possibly cut state aid, although two of them – April 30 and June 30 – have come and gone.

He said the board has continues to wait and see if another federal stimulus package will be passed, which would factor in concerning the amount and/or frequency of future distributions. 

Landers to Replace Gsell as County Manager

In other action, the committee recommended the appointment of Landers to replace Jay Gsell as the county manager, effective Aug. 15 – the day after Gsell’s scheduled retirement date following 27 years of service.

Landers, an Elba Central School graduate, has been employed by the county for 16 years, serving as Deputy Treasurer for 10 years before taking his current position.

He has a bachelor’s degree in Accounting and master’s degree in Public Administration from Brockport State College.

A longtime Kiwanis Club member, Landers, 43, and his wife, Melissa, reside in Batavia with their two children, Kaitlyn, 14, and Benjamin, 10. He is active as a girls' softball coach and league official.

His base salary is set at $120,000, plus longevity.

The full legislature also will vote on this resolution next Wednesday.

The Batavia City Council member who requested that the “process to hire a new city manager” item be placed on this past Monday’s meeting agenda says it is the board’s duty to invest the time and effort necessary to hire the right person for the job.

“I’m a firm believer that we owe it to the citizens of Batavia to do a search and find the most qualified person, and anyone that wants can submit an application. I think that’s important because if we don’t, then the innuendo and rumors will be flying,” Robert Bialkowski said by telephone on Tuesday.

Council discussed the matter for about nine minutes during its Conference Meeting at City Hall, exploring its options as it looks to find a permanent replacement for departed City Manager Martin Moore.

Assistant City Manager Rachael Tabelski has been serving at acting city manager since June 22, two days after the City and Moore severed their relationship.

Bialkowski said he put the topic on the agenda because “I wanted Council to make a decision – let’s move forward.”

He said he wasn’t pleased with the placement on the agenda, being that it wasn’t positioned as an item that would result in a resolution.

“If you look at the Conference agenda, it was under the Council president explaining the process,” he said. “I’m noticing some unusual things.”

The councilperson-at-large said the board should take advantage of a “warranty” offered by The Novak Consulting Group, the Cincinnati, Ohio-based firm that conducted the search that resulted in Moore’s hiring in August 2018.

“The company offered a full warranty if the manager either was terminated or left on his own accord within two years, and they will stand behind that warranty,” he stated. “You’re not going to find another company to do it any more reasonable."

When the subject came up during the meeting, Council Member Kathleen Briggs asked if a hiring freeze in effect would pertain to filling the position at this time.

After both Council President Eugene Jankowski and Tabelski said it was for part-time employees and didn’t apply to a vacancy, the former suggested contacting Novak to inform its leadership team of the City’s situation.

“Let’s see what kind of feedback we get from them and move forward,” Jankowski said. “It’s only been a few weeks but we don’t want to wait too long.”

At that point, Tabelski indicated that she is interested in the position.

That prompted Jankowski to mention some options – starting a new search and following it through or putting the matter on hold for a month. He then said more details would be discussed in executive session after the Aug. 10 meeting.

“I think we should reach out and see what our option is with that other agency first and once we have that information, we’d have more to decide,” he said.

Council Member John Canale concurred, adding that “most likely we will reach out to them at some point; so, kind of put them on notice.”

“I agree with Bob that it’s important to start the process and then we can, in executive session at some point, get together and start to talk about the candidates,” he said.

Jankowski, choosing his words carefully, then said there were three options.

“If you think about it there are only three options – you can do a whole search and hire somebody, keep what we have in place and make that offer or a combination of both … there’s only three choices there,” he said. “We need to know if that other option (Novak) is off the table for some reason – the company’s no longer in business or they don’t see it the way we see it – that would be an important thing to know.”

Bialkowski said he did an internet search on the company and found that it not only is still in business, but it has expanded.

“The contract we signed with them … the guarantee for this position is two years,” he said. “Should the selected candidate leave or be terminated from the position within two years of being hired, The Novak Consulting Group will conduct a new search for no professional recruiting fee.”

Jankowski said it behooved the board to find out what expenses the City may incur by conducting a new search.

“At a time when things are tight, I want to know exactly what kind of money we’re going to be talking here. … Let’s get some more information and bring in back for August,” he said.

He then asked Tabelski to contact Novak Consulting Group, and she, in turn, said she would assign Human Resources Specialist Dawn Fairbanks “to make those inquiries … so I would not have any knowledge of the process you may or may not entertain as you move forward, working with the city attorney.”

Bialkowski was known to be a supporter of Moore, and he acknowledged that he did vote “no” during the executive session that followed Council’s June 8^th meeting. Less than two weeks later, Moore was gone.

Asked on Tuesday if he had hard feelings over Moore’s departure, he said, “I can’t comment on that because it was in executive session. But what I can comment on if you look at the minutes, I did vote “no.” (The vote was 8-1). That’s all I can say.”

Bialkowski then was asked why a vote was necessary if Moore had indeed resigned, which is what he had been quoted as saying in a story in a local newspaper.

“What do you want me to tell you? I know what you want me to tell you but you’re on a fishing trip with no bait,” he responded. “Everything else, we are bound by lawyer, attorney-client privilege in executive session."

He said that finding Moore's replacement is “totally impersonal.”

“I don’t care who applies,” he said. “I can only encourage people to apply.”

Genesee/Orleans Council on Alcoholism and Substance Abuse employees are keeping their collective fingers crossed as they look to resume activities at Recovery Station, the agency’s social gathering and recreation place in the former Bohn’s Restaurant building on Clinton Street Road.

“Beginning next Monday (July 20), and as long as COVID-19 cases remain low and there are no other restrictions put in place by New York State, the center will start allowing up to 10 community members at a time into the building for a variety of recovery activities,” said Rosalie Mangino-Crandall, director of Project Innovation and Expansion.

The public schedule for the reopening week is 10 a.m. to noon, 1-5 p.m. and 6-8 p.m. on Monday, Thursday and Friday, and 3-5 p.m. and 6-8 p.m. on Tuesday. The center will be closed on Wednesday.

Mangino-Crandall advised residents to check the Recovery WOW program’s Facebook page at facebook.com/recoverywow for updates or call (585) 815-5248.

Recovery Station Coordinator Sue Gagne said that the following health- and safety-related guidelines will be in force for all visitors:

-- Be expected to wear masks at all times while on the property;
-- Adhere to the 6-foot social distancing rule;
-- Have their temperature taken immediately upon entry to the center building;
-- Be asked a series of COVID-19 screening questions;
-- Be asked to use hand sanitizer and/or wash hands immediately upon entry.

“We will also begin to add more structured activities in the coming weeks,” Gagne said, noting that staff will be disinfecting furniture, equipment, table games and all rooms frequently throughout the day.

Currently, GCASA officials have allowed one-to-one sessions with Recovery Station peer advocates at the location, in addition to opening the center to staff and residents of the Atwater House residential facility.

Extra precautions at all GCASA buildings and offices at the Batavia and Albion campuses are being taken, said Executive Director John Bennett.

“We are going the extra mile when it comes to safety of our patients and staff,” Bennett said. “Face coverings must be worn by employees when they are walking in the common areas, when working with patients and even when they are alone just in case they happen to meet someone. Whenever there are two or more people in a room, a mask is advised to keep each other safe.”

Elizabeth Riter, director of Corporate Compliance and Quality Assurance, said that in addition to wearing masks, all staff members are required to attest to having taken their temperatures and are asked to complete a standard Covid health screening as they enter each facility.

“Similar to the Recovery Station, the Batavia and Albion Outpatient Clinics are promoting good health practices as we welcome patients back on the grounds for face-to-face services,” she said.

Riter added that masks are provided to any staff or patients who may not have one or forget to bring theirs, and that temperatures of all patients who enter are taken immediately and they are asked to sanitize their hands.

“Unfortunately, friends and family who are not scheduled to be seen will have to wait outside in order to minimize contact in the waiting areas,” she advised. “All offices and common areas have been modified to promote socials distancing, while enhanced cleaning schedules have been instituted in all facilities.”

The same stringent standards apply to the agency’s residential programs, Riter said, adding that new admissions coming from medical facilities have essentially been quarantined and screened before being placed into GCASA’s program.

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Disclosure: Story is written by Mike Pettinella, GCASA publicist.

Jennifer J. Hogan (inset photo left), 29, of Buell Street, Batavia, is charged with second-degree robbery. She was arrested and arraigned in Batavia City Court at 9:30 a.m. on July 7. This was due to an arrest warrant stemming from an incident that occurred at 6:20 p.m. on Oct. 2 on Hutchins Street in Batavia. She also had two additional bench warrants out of city court. She was arrainged then jailed on $15,000 cash, $40,000 bond, or $60,000 partially secured bond.  She is due to return to court on July 18. Hogan is accused of removing money from a victim's pocket after her co-defendant, 54-year-old David Vega (inset photo right), of Rochester, had allegedly prevented the victim from leaving the residence by grabbing the victim's hand, which was injured in the incident. Vega is charged with second-degree robbery and after arraignment in city court, was jailed on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. No information provided about Vega's court date. No weapons were displayed. The cases were investigated by Batavia City Police Officer Arick Perkins.

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.

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.

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.

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.

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.

Genesee, Livingston, Orleans and Wyoming counties have lost a combined $220,246 in revenue during the three-and-a-half month period that operations of the Western Regional Off-Track Betting Corporation have been curtailed due to the COVID-19 pandemic.

WROTB Comptroller Jacquelyne Leach provided estimated totals today after she and WROTB President and Chief Executive Office Henry Wojtaszek sat down for an interview with The Batavian.

Broken down by county through June 30:

-- Genesee County has lost $59,090 from operations and $4,013 in surcharges for a total of $63,103;
-- Livingston, $62,643, $5,232, $67,875;
-- Orleans, $42,760, $2,627, $45,387;
-- Wyoming, $40,640, $3,241, $43,881.

Livingston County’s has lost the most, Leach said, due to its larger population base.

Leach said that “bottom line” losses since having to close on March 16 are $2.8 million -- $2.5 in revenue and another $300,000 in surcharges that would have been distributed to the public benefit company’s 15 counties, City of Rochester and City of Buffalo.

She estimated a loss of $24 million in revenue since mid-March, funds that would have been generated from patrons at Batavia Downs Gaming, 19 OTB betting parlors and 30 betting kiosks in restaurants and bars.

Leach: Revenues Were Way Up

“Before this hit us, we were doing great … in fact, we showed a million dollar increase (in revenues) in February of this year compared to February 2019,” Leach said.

The distribution estimates support WROTB’s increased activity when compared to the total amounts given to the four GLOW counties for all of 2019: Genesee County, $83,483; Livingston County, $89,637; Orleans County, $60,923; Wyoming County, $57,612.

While WROTB officials are unable to oversee distribution of funds not received, they have taken steps to compensate their 450 employees, Wojtaszek said.

“We were able to get a $3.152 million loan through the federal Paycheck Protection Program, which covered eight weeks of payroll and related benefits (such as insurance, workers’ compensation and unemployment),” he said.

Wojtaszek indicated that 90 percent of the loan from the Bank of Castile was used for employee wages and benefits – “a much higher percentage than the required 60 percent,” he said – and 10 percent went to cover utilities.

The PPP money was applied from May 10 through July 4, Leach said, and also included a two-week period from April 17 through May 2 when employees were furloughed.

PPP Loan May End Up as a Grant

Both Leach and Wojtaszek said they expect the PPP loan to be completely or near completely “a forgivable loan.”

“With accurate accounting of the loan and how it was used, we think it will be forgivable when audited by the SBA (Small Business Administration) and the bank,” Wojtaszek said. “If not all of it, maybe just 1 percent that would have to be paid back over a two-year period.”

Initially, the SBA did not include legal gaming businesses in the PPP, but on April 24, it issued an Interim Final Rule stating that they would be eligible, stating “a business that is otherwise eligible for a PPP Loan is not rendered ineligible due to its receipt of legal gaming revenues … and believes this approach is more consistent with the policy aim of making PPP loans available to a broad segment of U.S. businesses.”

Published reports have criticized WROTB for taking the PPP loan, which was tweaked to support both small and large enterprises. In WROTB's case, the loan also covered the stipends provided to members of its board of directors.

“Our employees are more important than any criticism we may have received,” Wojtaszek said. “Plus, we had the legal opinion.”

300 Employees Out on Furlough

Starting on July 10, about 300 of the WROTB workforce went on furlough again. Wojtaszek said employees will be eligible for unemployment insurance and they will continue to receive health insurance coverage. During the July 4th week, compensation was paid out of corporation funds, Leach said.

Leach said it was a matter of taking care of the company’s “most valuable asset.”

“We wanted to take care of our employees during this most stressful time, with their health benefits intact,” she said. “They are our most valuable asset.”

Wojtaszek said the corporation is prepared to extend the furlough (meaning that employees’ jobs are safe) for up to a couple months, but is hoping that Gov. Andrew Cuomo allows the casino to reopen in the near future.

MERV-13 Filters on Order

The OTB parlors have reopened and live harness horse racing at Batavia Downs is scheduled to begin a 43-date schedule on July 25. Including administrative, maintenance, security and custodial employees, about 150 employees are currently on the job.

Both Leach and Wojtaszek said the corporation is being proactive as it prepares to welcome guests back.

“We have ordered advanced (air) filtration systems – the MERV-13 filters that go above and beyond – and expect them to be installed by the end of this week,” Wojtaszek said.

He said that other health-related measures include noninvasive temperature checks, social distancing on the gaming floor, extra cleaning and face coverings for staff and patrons.

“That (a clean facility) has been our mantra from the get-go; we’ve had that going for us for years,” Leach said.

Insurance Premiums at $1 Million

Wojtaszek also reported that the corporation’s annual premium for its complete package of insurances will increase by $270,000 to $1 million for the period of June 1, 2020 through May 31, 2021.

“It’s been a tough year for the insurance industry,” he said. “The biggest factor was that Philadelphia Insurance decided not to insure casinos anymore,” he said, noting that the policy now is with Travelers. “We didn’t have any large claims.”

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Disclosure, July 14, 12:05 p.m. -- The Batavian wishes to clarify that Batavia Downs is a sponsor of the Genesee Region USBC bowling association, of which the reporter, Mike Pettinella, is the association manager. This was brought to our attention by a reader and, while it never entered the reporter's thought process while pursuing this story, we acknowledge that this information should be disclosed.

A 14-year old boy suffered smoke inhalation and was transported to the hospital for an evaluation after he and his father attempted to put out a fire in their living room with the help of some passing volunteer firefighters on Monday morning.

Pavilion Fire Department along with nine other fire companies from Genesee, Wyoming, and Livingston counties were called to 6397 Ellicott Street Road at about 10 a.m. The fire immediately went to a second alarm as smoke and flames were showing.

One cat and one dog did not survive the fire. One other dog was assisted by Mercy EMS and the Genesee County Sheriff’s Department and is now at the animal shelter for observation.

According to Genesee County Fire Coordinator Tim Yaeger, the 14-year-old went out to the barn to tell his father the couch was on fire, the dad attempted to use fire extinguishers to put out the fire. Volunteer firefighters who were passing through the area also assisted in keeping the fire contained. Yaeger says the preliminary investigation shows that an extension cord on a window air conditioner caught the couch on fire.

The Red Cross was called to assist. The family of three does have a place to stay. The house sustained smoke and fire damage, but not much water damage and is repairable.

Alecia Kaus/Video News Service

Press release:

Genesee Community College has made the decision to suspend its fall athletic season to protect the health and safety of the students and community in light of the challenges created by the COVID-19 pandemic.

This decision will affect men's and women's soccer, basketball, swimming and diving, and women's volleyball, which is in line with the majority of Region III decisions.

GCC coaches have communicated this news to their teams, and are maintaining continual engagement with the College's student-athletes, as well as providing opportunities for safe athletic conditioning activities where possible.

"This decision, although not without its disappointments, is the best path for us to ensure the safety and well-being of our student-athletes, coaches and training staff," said Assistant Vice President of Student Engagement & Inclusion Kristen Schuth.

"While we are eager to move forward with such an important part of the student and campus experience, the landscape of this semester just does not allow us to do so in a method that would have been convincingly without associated risks. I look forward to the day when it is safe for the fields and floors of GCC to hold competitions again."

GCC will honor all signed scholarship agreements for incoming student-athletes and for those returning. At this time, the length of the fall sports suspension is unknown, and decisions regarding winter and spring sports have not yet been made. Sport-specific updates will be shared as they become available at geneseeathletics.com.

Two teenagers were seriously injured in a 5 a.m. accident on West Bergen Road, Bergen, after the 17-year-old driver reportedly fell asleep, according to a Sheriff's Office accident report.

Sierra Raye Kast, of Albion, was driving a 2008 Ford sedan southbound on West Bergen Road when the car veered off the south shoulder and ran over the top of a cement culvert before heading further into the embankment. Kast was apparently able to steer the car back onto the pavement but overcorrected, according to Sgt. Jason Saile, of the Crash Management Team, causing the car to exit the roadway on the south shoulder again, where it overturned, struck a tree that spun it around, before it struck another tree and came to rest on its roof.

Driver-side back seat passenger Arianna N. McGurn, 17, was ejected from the vehicle and was trapped in the drainage ditch under the trunk portion of the car.

Bergen volunteer firefighters used airbags to life the car off of McGurn so she could be extricated. She was flown to Strong Memorial Hospital by Mercy Flight with a leg injury. Her injuries were not considered life-threatening. 

Kast was also injured in the crash and transported to Strong by Mercy EMS.

The other two passengers were Cory Wallace, 15, and Alonso Storey, 17.

Only Kast, the driver, was wearing a seatbelt, Saile said.

No citations have been issued.

Asked if there is anything teenagers in the community can learn this accident, Saile said: “As a young driver, how much experience do you have as a 17-year-old driving at five o’clock in the morning? Unless you’re going to work or have a good reason, there really isn’t a reason to be out and about. Five o’clock in the morning as a 17-year-old, if you’re not going to work or doing something important, you should be home in bed.”

Watch out, Bambi. The City of Batavia is coming for you.

A three-phased plan intended to harvest up to 60 deer per year with archery-only hunting is expected to be presented to City Council at its Conference Meeting at 7 p.m. Monday at the City Hall Council Board Room.

According to memo dated July 6 from Acting City Manager Rachael Tabelski to Council members, the City’s Deer Management Plan Committee, formed in November, has completed its task in the form of a 21-page plan to reduce the deer population within the City limits. The committee was created in response to numerous incidents of property (landscaping/garden) damage, auto accidents and other problems caused by deer.

Working with Robin Phenes, state Department of Environmental Conservation wildlife biologist, and Council Member John Canale, the five-member committee, per the memo, has drafted a proposal that “provides a streamlined program experience and ensures programmatic compliance, program metric tracking and stakeholder/City Council communication.”

In simpler terms, the plan specifies the time frame, five designated hunting zones, and rules and regulations, and includes permit applications, landowner cooperation agreement, hunter applications, waivers and release forms and a proficiency test.

Tabelski spelled out several highlights of the plan:

-- Plan A, hunting during the New York State regulated hunting season; Plan B, an extended hunting season (Jan. 2-March 31); Plan C, archery hunt utilizing bait (subject to Council approval). Times for hunting will be from sunrise to 2 p.m., with no hunting when schools are closed.

-- Five designated hunting zones as identified on an included map, as follows: (1) parcel north of Clinton Street, (2) land in the Naramore Drive area and north, (3) property west of State Street (in vicinity of BOCES) and proceeding north from Lambert Park, (4) Route 98, south of Walnut Street area, and (5) Law Street area stretching almost to Kibbe Park.

-- Hunting will be permitted only after the landowner signs a cooperation agreement form.

-- Tree stands must be used and all hunters must shoot downward. Hunters must be properly qualified and licensed and apply to the City of Batavia to be admitted into the program.

-- The plan is subject to NYS DEC setback requirements pertaining to the proximity of bow hunting to schools, playgrounds, public buildings, etc.

-- The program will run for three years and can be terminated at City Council’s discretion.

Citizen members of the committee are Russell Nephew, Gus Galliford, Fred Gundell, Kent Klotzbach and Samuel DiSalvo.

Council will be asked to vote on forwarding the resolution to a future Business Meeting.

Other topics on Monday’s Conference Meeting agenda:

-- A draft resolution to grant approval to Eli Fish Brewing Co. at 109 Main St. for a temporary outdoor dining license agreement as part of the City’s COVID-19 2020 Temporary Outdoor Dining on City Property Program.

Eli Fish’s application specified 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.

A memo from Tabelski dated July 7 indicated that while the Eli Fish application qualified for consideration, an application from Main Street Pizza at 206 Main St. did not and is not recommended for approval.

Vic Marchese, owner of Main Street Pizza, had proposed 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. Eight to 10 tables, accommodating up to 60 guests, were to be placed under the tent.

Tabelski spelled out several reasons why the plan would not be feasible:

-- Per the state Building Code, a tent can not be put up within 20 feet of lot lines, a parking space, buildings, etc.;
-- The City does not own the entire parking lot;
-- The application removes several prime parking spaces, including handicap spaces;
-- The one-way street would require a traffic order and, for a temporary dining basis, the City would not be able to facilitate a Local Law change in a timely fashion;
-- A traffic safety issue would occur due to cars coming into the lot off Main Street and backing out of parking spots.

Tabelski wrote that she advised the applicant of the potential problems, but he “was not interested in modifying the application.”

A draft resolution for the Main Street Pizza request is not included in the meeting document packet.

-- A pair of draft resolutions concerning a feasibility study for the construction of a new police station at the Alva Place location and corresponding contract with an architectural firm to conduct the study.

The first resolution asks City Council to transfer $50,000 of the $242,820 in the Facility Reserve fund to an expense account.

The second resolution seeks execution of a contract for $41,200 with Architecture Unlimited LLC, of Williamsville, to provide 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.

-- City Council will conduct a Business Meeting after the Conference Meeting. Agenda items for that session include a resolution to enter into a $328,200 contract with Keeler Construction for the Franklin Street-Richmond Avenue sewer rehabilitation project.

The cost is significantly less than the original estimate of $806,000 because the City altered 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, and then to include relining of the Richmond Avenue sewer ahead of its rehabilitation project in 2022.

A full two-thirds of respondents to a Batavia City School District survey concerning reopening want students back in the classroom this fall in a traditional setting with health-related guidelines in place.

“Most of our parents want in-person classrooms and so do we,” said Superintendent Anibal Soler Jr. today following the first meeting of the BCSD Reopen Batavia Strong Task Force.

The Google Meet videoconference drew 51 participants, with 35 of them being parents of Batavia students.

Thus far, 875 people have responded to the survey, with nearly 600 of them identifying themselves as in the parent/family category. About 650 of the respondents said they had students in grades 5-12.

Soler said he is hoping to get 2,000 responses before the survey concludes on Monday, which also is the day that guidelines from Gov. Andrew Cuomo are expected to be released.

The BCSD survey can be found on the district’s Facebook page.

On the subject of reopening, 67 percent of the respondents either “agree” or “strongly agree” that in-person school should reopen in September with some new procedures to reduce the spread of coronavirus.

When asked if in-school should resume in September with face coverings when social distancing is not possible, 46 percent said “agree” or “strongly agree” and when asked if distance learning should be used until a COVID-19 vaccine is found, 68 percent clicked “disagree” or “strongly disagree” while 10 percent said “strongly agree.”

Additional survey results are as follows:

-- On the impact of COVID-19 on their family: 72 percent, some impact/noticeable impact; 22 percent, significant/severe impact; 6 percent, no impact.

-- On their confidence level to send their child back to school knowing the district will comply with all CDC guidelines: 33.6 percent, strongly confident; 28.8 percent, confident; 23.3 percent unsure.

-- On sending their child to kindergarten this fall: 54.3 percent of 247 responses said they will enroll the child; 45.7 said they won’t.

-- On having half the students in school, the other half learning remotely: 49 percent either “strongly disagree” or “disagree.”

-- On transporting their child to school to reduce the number of bus riders: 66 percent “strongly agree” or “agree.”

-- On their comfort level with busing, even with sanitizing: A mixed bag with 24 percent who “strongly disagree,” 22 percent who are “neutral” and 28 percent who “strongly agree.”

When queried about the most important safety measures, hand sanitizer in classrooms/common areas, daily temperature taking and no sharing of materials were the top three. Other measures included in the survey were COVID-19 testing, wearing masks at all times and no use of the auditorium, lunchroom or playgrounds.

Sixty-two percent said they expect sports and extracurricular activities to be provided with reasonable safety measures. Fifty-one percent responded that fans should be able to attend and 34 percent were in favor of just parents being able to attend. About 14 percent indicated that events should go on without any fans.

“The biggest thing is let’s not forget the health and safety of everybody,” Soler said. “I’m hoping we’re pretty good in the (Finger Lakes) Region; our data has shown that we’re good and that we’re able to open and welcome kids back.”

He said that social distancing will present quite the challenge.

“You’re not going to have 20 kids in a class,” he said. “With having six feet between everybody, it’s going to change things and make things a little bit interesting. We’re going to have to look at how we use our space and our buildings.”

Batavia City School District buildings are Jackson Primary School (PK-1), John Kennedy Intermediate School (2-4), Batavia Middle School (5-8) and Batavia High School (9-12).

Soler said he put the task force together to look at the big picture – reopening -- but also, through the work of subcommittees, “to peel away at some of the smaller conversations.”

“In anticipation of that official guidance we feel it is important to begin to run through potential scenarios, challenges and also include student and parent voices in that process,” he said.

Subcommittees are health, safety & athletics; transportation, facilities & nutrition; teaching & learning; equity & digital access; budget & fiscal; social-emotional needs; Special Education, English language learners & multilingual learners; and staffing & human resources.

The district, in line with directives from Albany and Center for Disease Control guidelines, is considering three models of teaching and learning:

-- In-Person (w/masks & social distancing);
-- Hybrid (Flex Model) Alternate Schedule (Distance Learning & In-Person);
-- Virtual School  – 100-percent online with an emphasis on proficiency.

“Do we bring all the kids back or certain grade levels back? That’s what I was doing today with our parents and various stakeholders," Soler said. "We have to think of these various scenarios and various teaching and learning models. I don’t have any answers yet but knowing that next week we’re supposed to get some guidance, we need to think about this now.”

After learning of the state’s guidelines, tentatively set for Monday, Soler said the task force will proceed with: subcommittee meetings; posting of the survey results; a second task force meeting (July 17) sharing data with the Board of Education (July 20); a third task force meeting (July 24); submission of the district’s plan to the state (July 31); and the governor’s decision (Aug. 1-7).