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A 57-year-old Fillmore man died on Bethany Center Road, Town of Stafford, today after a 2012 Harley-Davidson he was driving struck broadside a pickup truck that was attempting to turn around a few hundred yards north of a crest of the hill.

Donald M. Bernard was northbound when his motorcycle hit the passenger side door of a 2019 Honda pickup driven by Joseph C. Johnson.

Bernard was pronounced dead at the scene. 

The investigation is ongoing but Chief Deputy Brian Frieday indicated at the scene this afternoon that charges are possible.

Town of Batavia fire and Mercy EMS responded to the scene.

The collision is being investigated by the Crash Management Team.

NOTE: In accordance with an agreement with the Sheriff's Office, The Batavian withheld publication of photos or a video prior to the name of the victim being released to ensure family notifications were complete.

Press release:

As of 2 p.m.

• Genesee County received three new positive cases of COVID-19, for a total of 221 positive cases.
  • All of the new positive individuals reside in Darien.
  • One of the individuals is less than 20 years old, and two of the individuals are in their 40s.
  • All of the new positive individuals were on mandatory quarantine prior to testing positive
• Orleans County received zero new positive cases of COVID-19 today for a total of 264 positive cases
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Ten 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 saddened to report the death of one of our county residents. This person lived at the Orchard Rehabilitation and Nursing Center. We extend our deepest condolences to the family and friends of this individual during this very challenging time.

There are 11 active cases and 43 people in quarantine.

Emergency dispatch has received a report of a motorcycle down in the roadway with the rider in the roadway unresponsive.

The location is at Bethany Center Road and Ellicott Street Road, Batavia.

Town of Batavia fire along with Mercy EMS responding.  

Mercy Flight is on in-air standby.

UPDATE(S) (By Billie)11:28 a.m.: There is loose gravel on the roadway at the crash site. A portion of Bethany Center Road is shut down to through traffic.

UPDATE 11:32 a.m.: Per town command, Mercy Flight's in-air standby is cancelled and it is put back in service.

UPDATE 11:35 a.m.: The county's Crash Management Team is summoned to the scene.

UPDATE 11:42 a.m.: A silver pickup truck was also involved in this accident; no word yet on injuries, if any, to the occupant(s). The truck is up an embankment on the east side of Bethany Center Road.

UPDATE 12:33 p.m.: This was a fatal accident. The motorcycle rider who died at the scene is an older male who lived out of the area, according to Genesee County Chief Deputy Brian Frieday. The rider was northbound on Bethany Center Road when he went over the crest of a hill and slammed into the silver pickup truck. The truck driver had pulled into a driveway near the crest of the hill in order to turn around and change direction of travel, when he pulled out of the driveway in front of the motorcyclist, who he never saw coming, Frieday said. The truck driver was not injured.

Western Regional Off-Track Betting Corp. directors today voted to grant three easements to the Town of Batavia to support the municipality’s $3 million road project stretching from Lewiston Road (Route 63) to Oak Street (Route 98).

“They are small pieces of the property -- three parcels the Town needs to do the work,” WROTB President Henry Wojtaszek said following the board’s conference call meeting. “This will result in major improvements (along the road).”

The Town is in the process of acquiring easements from three Park Road properties -- Batavia Downs Gaming, Alex’s Place and Benderson Development, owner of the former Kmart – as part of the design phase, said Tom Lichtenthal, the Town’s highway superintendent and assistant engineer.

Lichtenthal said the New York State-funded project has been in the works for 12 years.

“It looks like we finally received the money and it looks like we are going to be able to move forward with the project,” he said.

Lichtenthal said the rehabilitation will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road.

From Richmond Avenue to Route 98, pavement will be overlaid and sidewalks installed on one side of the road, he said. The sidewalks will be placed on the same side as the Genesee County Sheriff’s Department office until the road bends, and then on the other side from the hotels that stretch to Route 98.

He also said that new water lines will be put in and street lights will be installed on Park Road between Route 63 and Richmond Avenue.

The Town of Town of Batavia is handling the engineering aspects of the project.

Lichtenthal said construction bids will go out this winter, with work scheduled to begin in the spring of 2021.

In other news from the WROTB meeting:

-- Directors reported that the Belmont Stakes generated $345,000 in wagers at OTB branches last Saturday and the total handle for the day was $700,000.

Although both figures represent decreases of more than $210,000 from last year, the handle was deemed as significant in light of the economic situation.

-- Live racing will return to Batavia Downs on July 25 but with only 43 dates instead of the 65 previously announced. Wojtaszek said the plan calls for racing on Tuesdays and Saturdays through mid-December.

-- Batavia Bets, the corporation’s secure online horse wagering platform, took in $863,000 in April and more than $1.1 million in May, Comptroller Jacquelyne Leach reported.

Jason W. Whitehead Jr., 22, of Batavia, and Dakota E. Woodruff, 20, of Olean, were arrested after a motor-vehicle accident on Route 19 in the Town of Covington on June 24 (time not provided). Whitehead was driving a 2003 Suburu Legacy eastbound when he allegedly failed to negotiate a left-hand curve at the intersection of Court Road. According to the Wyoming County Sheriff's Office report by Sgt. Colin Reagan, Whitehead's vehicle left the roadway, sheared off a telephone pole, and took down multiple roadway signs. In addition to Wyoming County deputies, Pavilion Fire Department responded to the scene. The driver was allegedly found to possess cocaine and marijuana; he also had a non-driver ID with an active suspension. After performing poorly on field sobriety tests at the scene, he was arrested for driving while ability impaired by drugs. His passenger, Woodruff, was found to have a felony warrant out of Erie County so she was arrested, transported to Erie County and the Erie County Sheriff's Office took custody of her. Whitehead was taken to the Wyoming County Sheriff's Office and evaluated by a drug recognition expert, who determined Whitehead was impaired by multiple categories of controlled substances. He is charged with: criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; unlawful possession of marijuana in the second degree; driving while ability impaired by drugs; driving while ability impaired by the combined influence of drugs; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; and moving from lane unsafely. He was released to a sober family member and is due to answer the charges in Town of Covington Court on July 13. Subsequent to Whitehead's June 24 arrest, he was arrested again in connection with the same incident on June 25 after the owner of the vehicle reported to the Wyoming County Sheriff's Office that Whitehead had been driving without consent. A warrant was issued for Whitehead and the Genesee County Sheriff's Office arrested him and the Wyoming County Sheriff's deputies later took custody of him. This charge was added to the file: unauthorized use of a motor vehicle in the third degree; then he was released from custody. He will answer all charges, including the added-on charge, at his July 13 appearance in Town of Covington Court.

James R. McNally, 57, of Roosevelt Avenue, Batavia, is charged with endangering the welfare of a child and forcible touching. McNally was arrested at 6:13 on June 17 on Clinton Street in the City of Batavia following an unspecified incident. He was arraigned in city court via Skype, then released under supervision of Genesee Justice. He is due back in court at 9 a.m. on July 23. The case was investigated by Batavia Police Officer Austin Hedges, assisted by Officer Marc Lawrence.

Pamela J. Thomas, 41, of Maple Street, Batavia, is charged with disprderly conduct, resisting arrest and harassment in the second degree. She was arrested at 10:03 p.m. June 16 on Denio Street following an incident wherein she allegedly yelled at a person and threatened them. She was released on an appearance ticket and is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Eric Bolles.

Marshawn J. Singletery, 38, of Liberty Street, Batavia, is charged with second-degree harassment. The defendant was arrested following a domestic incident at 4:45 a.m. June 22 on Liberty Street. Singletery was arraigned in Batavia City Court and released to the Genesee Justice Program. The defendant is due to return to city court on Aug. 13. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

Press release:

As of 2 p.m.

• Genesee County received two new positive cases of COVID-19, for a total of 218 positive cases.
  • One of the new positive individuals resides in Batavia and one resides in Le Roy.
  • One of the individuals is less than 20 years old and one individual is in their 40s.
  • The new positive individuals were not on mandatory quarantine prior to testing positive.
  • Four of the previous community positive cases have recovered and have been released from mandatory isolation.
  • One of the total active cases is hospitalized.
• Orleans County received 0 new positive cases of COVID-19 today, for a total of 264 positive cases.
  • Ten 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 saddened to report the death of one of our county residents. This person lived at the Orchard Rehabilitation and Nursing Center. We extend our deepest condolences to the family and friends of this individual during this very challenging time.

In a rare piece of positive financial news during the COVID-19 pandemic, Genesee County is in line for a $23,525 weekly savings in Medicaid costs through next March.

“We are finally getting what we have been waiting for (since the first Federal Stimulus bill),” said County Manager Jay Gsell in response to the state Division of Budget’s announcement of the disbursement of $323 million in enhanced Federal Medicaid Assistance Percentage funds to counties.

The funds were part of the Families First Coronavirus stimulus package passed by Congress and signed by the President in March and are earmarked for states and counties to help them in the midst of the novel coronavirus.

Gsell said all counties were notified today via a letter and a note to county treasurers that “80 percent of the money will be coming to us via our adjustment in our weekly shares.”

That reduces the county’s weekly shares of Medicaid from $177,332 to $153,807 – a difference of $23,525 – starting with the first week of July 2020 and running through March 31, 2021.

Stephen Acquario, executive director of the New York State Association of Counties, thanked Sen. Charles Schumer for his continued advocacy to provide enhanced federal funding for New York State’s Medicaid Program.

“Senator Schumer has a long history of fighting for enhanced federal Medicaid assistance at times we needed it most, including after the tragedy of 9/11, during The Great Recession, as part of the Affordable Care Act, and now during the COVID-19 pandemic,” Acquario said in a press release. “These valiant efforts have provided the state and county taxpayers with billions of dollars in relief over this period of time.”

In a related development, NYSAC today put out another press release, renewing its call for federal coronavirus funding for states and counties in light of a new report from Moody’s Analytics that projects an additional 4 million layoffs from states and local governments across the nation.

According to the release:

“The report, detailed in recent news accounts, underscores the need for Congress and the President to act on an additional federal stimulus package that provides direct funding for states and local governments facing unprecedented funding shortfalls as a result of the COVID-19 pandemic and economic recession.”

Four Main Street projects and another on Ellicott Street will be receiving New York Main Street grants, it was announced at today’s Batavia Development Corporation’s monthly meeting.

BDC Executive Director Andrew Maguire said that grants totaling $276,977 will be distributed to the following applicants who are planning to rehabilitate buildings within the Downtown Revitalization Initiative/Business Improvement District:

-- 206 E. Main St., (Main Street Pizza Company, The Spa at Artemis Spa building), $75,000, for a two-phased project consisting of façade renovation and, eventually, development of five residential units upstairs.

-- 201 E. Main St. (GO ART!), $75,000, for renovation of the sprinkler system and conversion to a mixed-use building with a single “artist residency.”

-- 219 E. Main St. (Fieldstone Private Wealth), $50,000, for façade and brick work, and exterior lighting.

-- 97 Main St. (old Genesee Bank building), $50,000, for rehabilitation of the first two floors to make it a viable commercial unit.

-- 33-39 Ellicott St. (Batavia Tailors building), $26,977, for heating/air conditioning work and façade renovation to achieve a uniform look with the rest of the building.

Maguire said the BDC received 11 applications for the grants.

New York Main Street grants are administered through the state’s Homes and Community Renewal agency to units of local government, and not-for-profit organizations for the revitalization of historic downtowns, mixed-use neighborhood commercial districts, and village centers.

Targeted commercial/residential improvements include façade renovations, interior commercial and residential building upgrades, and streetscape enhancements.

Entrepreneurs who accept the grants pay for expenses up front and are reimbursed according to parameters set by NYMS administrators. Projects under the program are given a two-year window for completion.

In other action, the board approved the audit for the fiscal year of April 1, 2019 through March 31, 2020 conducted by Laura Landers of Freed Maxick.

The audit noted a “material weakness” in that legal services in the amount of $28,591 were not recorded as accounts payable and a $20,000 grant from the City of Batavia was recorded as revenue instead of unearned revenue, since the requirements of the grant agreement had not been met as of March 31. Thus, the agency’s net position was overstated by $48,591.

The accounting firm recommended that the BDC obtain listings of outstanding legal fees from attorneys involved and review funding sources to ensure all revenue has met the requirements to be considered earned as of year-end.

Maguire said that management is taking the steps stipulated by Freed Maxick to correct these deficiencies.

The agency’s net position increased by about $20,000 from 2019 to 2020 – from $152,741 to $172,569.

The board also voted to amend the bylaws to increase the number of voting members from nine to 11 and then approved adding Pier Cipollone, a former BDC president, as a full-fledged director.

Expanded outdoor dining opportunities in the short term; parklets in the long term.

Andrew Maguire, executive director of the Batavia Development Corporation, touted both ideas this morning as he emphasized the importance of providing opportunities for local restaurants to generate as much revenue as possible.

Speaking at the BDC Board of Directors meeting via Zoom, Maguire followed up on what was supported by City Council earlier this week: providing a way that restaurant owners can use City-owned property for outdoor dining purposes as they deal with the adverse effects of COVID-19.

“I think this is awesome and I think our restaurants are really going to benefit from this,” Maguire said.

Calling it a “cool new concept,” the temporary measure has been embraced by an economic development task force consisting of representatives from the City, Batavia Downtown Business Improvement District, BDC, Genesee County and the Chamber of Commerce.

“(There are) under-utilized or municipal-owned areas, like Jackson Square, where unfortunately we’re not going to be having concerts there this year. So, it’s pretty much open and available,” Maguire said. “We would like to allow our local restaurateurs to consider areas around their buildings that might be viable options for them to set up some outdoor seating.”

Currently, per mandates from New York State, indoor seating is limited to 50-percent capacity.

“If we can find a way to get them more tables outside, to seat more patrons and to attract more people to our downtown for outdoor dining, that’s really our ultimate goal,” Maguire said, acknowledging City leadership’s role in getting this initiative started.

Maguire encouraged restaurant owners to fill out the Temporary Outdoor Dining on City Property Application and submit it (along with a $250 fee) to the City of Batavia as soon as possible. The application is posted on the BDC’s website.

Turning his attention to future goals, Maguire introduced the directors to the parklet model (see rendering above) where existing parking spots are turned into curbside cubicles for outdoor dining.

“Some big cities, more cutting-edge cities, have these concepts where they allow restaurants or businesses to take areas that would typically be on-street parking (to) design and engineer what they consider a parklet … that’s flush to the curb, ADA (American with Disabilities Act) compliant and (has) outdoor seating,” he said.

Maguire explained that a restaurateur could build a deck and/or structure in front of his or her business, make sure it is protected from traffic by barricades and place some tables and chairs on the parcel. He sees it as a way to attract people to downtown and keep them there a bit longer.

“The goal is to get people to slow down in our downtown,” he said. “A lot times people beeline to where they’re going. If they walk by a parklet, we’re hopeful that they might actually stop or have a cup of coffee, sit in the parklet, read a newspaper … have some outdoor seating and enjoy some fresh air.”

He said that he is working with County Planning Director Felipe Oltramari and BID Director Beth Kemp on a template to present to City Council and, hopefully, get the go-ahead to put the plan in place.

BDC directors asked about the logistics of using existing parking spaces and what streets could be used, noting that Main Street (Route 5) may not be an option because it is a state road.

Maguire said the proposal is in its early stages and details would have to be worked out. He did say that a license agreement would be drafted between the owner and the City, with the stipulation that the owner have proper liability insurance and that the City is not liable in any way.

Director Derek Geib, a downtown restaurateur, said he likes the idea, considering that “50 percent (occupancy) doesn’t cut it to pay the bills.”

“I would like to say that I would start building a parklet tomorrow if I had the opportunity,” he said.

Update: June 25, 8 a.m.

According to a report in The New York Times, the State of Washington has been dropped from the list after a review of the data.

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Unsure as to how Phase Four of New York’s business reopening plan will unfold, Genesee County legislators tonight were informed of another fresh development from the desk of Gov. Andrew Cuomo – a joint advisory mandating a 14-day quarantine of individuals traveling from states with “significant community spread” of COVID-19.

County Manager Jay Gsell reported on a press release issued earlier today that New York, New Jersey and Connecticut have joined forces to impose the order on those returning to their states from a state with a positive test rate higher than 10 per 100,000 residents over a seven-day rolling average, or a state with a 10 percent or higher positivity rate over a seven-day rolling average.

Gsell said the advisory, which takes effect at midnight, currently affects travelers coming back from Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Utah, Texas and Washington.

“This has caught everybody by surprise,” Gsell said during the legislature’s regular meeting at the Old Courthouse. “Hopefully, clarity will be forthcoming, but it is causing a great deal of concern and consternation.”

Gsell wondered out loud how this travel advisory will be handled at the local level and who will be responsible for discovering if someone or a group of people have returned from one of the aforementioned states.

It puts a lot of pressure on the hotel operators, he said.

Cuomo teamed with New Jersey Gov. Phil Murphy and Connecticut Gov. Ned Lamont at a press conference today to announce the action.

“We've been working with our neighbors in New Jersey and Connecticut throughout this entire pandemic, and we're announcing a joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days,” Cuomo said.

The press release noted that the three state leaders will provide frequent updates and “publish on their respective websites a list of states to which the new advisory applies.”

It went on to state that the measure will use uniform parameters and messaging on highways, airports, websites and social media across the three states. The three states will also ask hotels to communicate the 14-day quarantine to guests who have traveled from one of the impacted states.

Gsell also speculated that the “compact,” as he called it, could be expanded to place quarantine mandates for travelers returning to other states bordering or in close proximity to New York.

Reportedly, a $2,000 fine may be assessed to first-time violators, with the fine increasing to $10,000 if the violator(s) harm others by ignoring the quarantine.

On Tuesday, it was announced that the Finger Lakes Region will move into Phase Four on Friday, but the type of businesses that can reopen are limited to low-risk outdoor and indoor museums, art galleries, historical venues and zoos, as well as media production companies.

Click here for a story posted this morning on The Batavian.

In county business, the legislature passed the following resolutions:

-- Acceptance of $11,956 from the Office of Justice Bulletproof Vest Program for the purchase of body armor for sheriff’s deputies and correction officers. Sheriff William Sheron previously indicated the funding will cover about a dozen bulletproof vests.

-- A contract for $97,083.39 with Johnson Controls of Rochester to replace fire alarms and a contract for $47,766.25 with Chemung Supply Corp. of Elmira to replace the bridge decking of the McLernon Road bridge in the Town of Bethany. A capital project has been established for the bridge replacement, with the local share of $50,600 to be used to cover the cost.

-- Scheduling of a public hearing for 5:30 p.m. Wednesday, July 22 at the Old Courthouse for Genesee Community College’s proposed operating budget for 2020-21. Genesee County contributes $2,636,374 to the college’s $38.1 million spending plan.

-- Elimination of computer support technician and systems specialist positions as part of an organizational restructuring of the technology department. The two employees in those jobs currently are furloughed. The estimated cost savings in salary and benefits in 2020 is $63,613 (not including the furlough) and in 2021 is $152,671.

-- Requiring proof of liability insurance in the amount of at least $1 million from Genesee Country Farmers’ Market, the Batavia Improvement District, and the City of Batavia in order for the county Office for the Aging to distribute state Health Department Farmers’ Market vouchers to customers and set up an information table at the Genesee Country Farmers’ Market at the Alva Place parking lot from June 30-Oct. 2.

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July is Park and Recreation Month

Photo: The Genesee County Legislature tonight designated July as Park and Recreation Month. Displaying the proclamation are, from left, Shannon Lyaski, Conservation Education Program coordinator; Paul Osborn, deputy superintendent Facilities, Parks, Recreation & Forestry, and Tim Hens, superintendent. Facilities, Parks, Recreation & Forestry. Photo by Mike Pettinella.

It would be "very, very sad" way for baseball to end in Batavia and 41 other minor league cities if the baseball season were canceled and a new agreement between Minor League Baseball and Major League Baseball eliminated those small franchises, said Ben Hayes, president of the New York Penn League.

Professional baseball in Batavia was under threat of extinction before a pandemic hit, and news reports have indicated Minor League Baseball has conceded to the MLB's request to consolidate leagues across the nation. Still, Hayes said today that negotiations continue and nothing has been finalized.

Even better news, he isn't giving up on playing NYPL baseball in 2020. The season is indefinitely postponed, but Hayes said he and league owners and officials want players in parks and fans in seats this season if at all possible, including in Batavia.  

The NYPL operates in eight states, and there are only two stadiums so far that are in regions where COVID-19 restrictions have been lifted enough to allow fans and ballplayers into ballparks.

"There's nobody at the Major League level or the Minor League level that has said this season is over and done," Hayes said. "Nothing has been canceled at either the full-season or short-season level."

If a decision was made to play ball, the MLB has suggested it would take players two or three weeks to get ready for the rigors of professional baseball.  

Hayes is currently traveling around the league, including a planned stop in Batavia, and league owners have been holding regular conference calls so they can be ready for the day when there can be baseball again.

Every team is developing plans to ensure social distancing is maintained; there is plenty of personal protective equipment for personnel; there are plans for thorough and regular cleaning and sanitizing in place, and to ensure that hotels and busses are safe and clean. 

"Everybody has a plan right now," Hayes said. "We're following the guidelines to make sure our players are safe but also our fans and stadium staff or safe. Right now, it's just a waiting game."

If the season is washed out, Hayes said he has already communicated with the Minor League's negotiating committee to request that any new agreement that could potentially eliminate teams would be delayed at least a year so that fans in those cities losing their franchises could get a farewell season before shutting down.

"That's my hope," Hayes said. "We voiced that to our representatives on the negotiating committee," Hayes said. "There are 42 clubs out there that if that plan were to go through, they would have never gotten a chance to have a last season, and that would be very, very sad."

As for the current operations of the Muckdogs, if you call the office, the phone is disconnected. It's not possible to get in touch with General Manager Brendan Kelly.  

Hayes said shutting down operations was purely a cost-saving measure and not an indication of the status of the ballclub.

"We're just trying to save money," Hayes said. "We're trying not to accrue costs simply because of the financial situation of the Muckdogs."

Meanwhile, except for the city mowing the infield and outfield grass, the playing surface is not being maintained. Weeds are sprouting up all over the diamond that Cooper Thomas has beautifully manicured over the past couple of seasons. 

None of that is a worry, Hayes said. 

"We can get that back in shape in two or three weeks once we get a grounds crew in there," Hayes said. 

The weeds maybe a little bigger but the situation now isn't much different than it would be in a typical year when crews start preparing the field for high school players in the spring.

"It's amazing what an edger and a lawnmower and a little bit of fertilizer and weed killer can do," Hayes said. "It makes a huge difference and you can really turn a field around quickly."

Whether Thomas will return in 2020 to lead that effort -- assuming the NYPL gets to play baseball -- is up in the air, Hayes said. He would love to have Thomson back and Thomas wants to come back, he said, but President Trump's current moratorium on worker immigration because of COVID-19 could prevent Thomas from making the trip from Australia to Batavia.

Top Photo: Weeds growing in the Dwyer Stadium infield.

Yesterday, the Dwyer Stadium scoreboard was lit up with "Reds 0 / Pirates 0 / PPD."

Word out of the Finger Lakes Region “control room” is that Phase Four will begin on Friday for some, but not all, of the businesses waiting to resume operations that have been shut down by the COVID-19 pandemic.

According to the most recent update, businesses given the green light to reopen include low-risk outdoor and indoor museums, art galleries, historical venues and zoos.

Additionally, media production will be allowed to restart – activities such as motion picture, television, streaming and music productions on set, on location or at any production or recording site.

Several businesses will have to wait a while longer, however.

Classified as high-risk activities, those businesses not allowed to reopen yet include: amusement parks, water parks, arcades, bowling centers, casinos, concerts, movie theaters, performing arts or other theatrical productions.

Furthermore, concerts, shows or carnivals that would exceed a limit of 25 people also remain on hold.

Contacted this morning, Genesee County Manager Jay Gsell, who is part of the region’s “control room" of about 30 people, said that although Phase Four is the last of the state's reopening phases, it could go on for an extended period of time.

“There’s going to be the potential for – not a Phase Five – but Phase Four will just take longer, and we’ll continue to see more and more specified guidances for the parts of the economy that are presumed to be part of Phase Four,” he said.

Gsell mentioned that CDC protocols and the science would indicate that “the potential for community spread of new infections would very likely increase significantly if there is not a gradual … rollout in the Phase Four grouping.”

He also reported that the Genesee County Chamber of Commerce will host a Phase Four reopening Zoom webinar for the business community from 10 to 11 a.m. Thursday.

For more information, go to www.geneseeny.com.

After hitting an unprecedented 14.4 percent in April, Genesee County's unemployment rate fell sharply for May, dropping to 10.1 percent.

That is a level more in line with the area unemployment rate at the depth of the great recession when unemployment topped out at an even 10 percent January and February of 2010.

Of course, the May 2020 unemployment rate is much higher than the 3.4 percent of a year ago.

At the same time, there are also more people participating in the workforce in Genesee County than a year ago, an increase of 200 workers who either have employment or are seeking employment, from 29,300 to 29,500.

The total number of local residents considered unemployed is 3,000, compared to 1,000 a year ago, 4,200 a month ago, and 1,400 two months ago.

The state's unemployment rate is 14.2 percent, up from 3.6 percent a year ago, and the U.S. unemployment rate 13 percent. Nationally, it was 3.4 percent a year ago in May.

Press release:

• Genesee County received three new positive cases of COVID-19, for a total of 215 positive cases.
  • Two of the positive individuals reside in Batavia and one resides in Byron.
  • Two of the individuals are in their 40s and one is in their 50s.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Zero of the new positive individuals was on mandatory quarantine prior to testing positive.
  • One of the total active cases are hospitalized.
• Orleans County received zero new positive cases of COVID-19 today, for a total of 263 positive cases.
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Thirteen 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.

There are now 10 active cases in Genesee County.

From the City of Batavia Police Department:

On June 18 at approximately 11 p.m., officers were dispatched to the area of Hutchins Place and Lewis Place for a large disturbance.

Upon arrival, patrols found several individuals fighting, with numerous different fights taking place. Some of the suspects had weapons such as knives, tasers, and bats and were allegedly threatening individuals with those items. Other suspects were allegedly throwing rocks at people and vehicles in the area.

After several minutes, officers were able to get the situation under control. No injuries were reported but two vehicles were damaged.

A thorough investigation was conducted and concluded that the incident began over fireworks being thrown at one of the damaged vehicles and a residence. The parties involved have had previous issues with one another.

The Batavia Police Department arrested the following individuals:

• Eric McGill, 37, of Hutchins Place, Batavia, one count (PL 265.02-1) – criminal possession of a weapon in the third degree (a Class D felony);
• Delonta Curry, 19, of Warner Street, Rochester, one count (PL 265.01-2) – criminal possession of a weapon in the fourth degree (a Class A misdemeanor); one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
• Hezekiah Burch, 18, of Hutchins Place, Batavia, one count (PL 145.00-1) – criminal mischief in the fourth degree (Class A misdemeanor); one count (PL 240.05) -- riot in the second degree (Class A misdemeanor);
• Louis Mercado, 32, Lewis Place, Batavia, one count (PL 145.05-2) – criminal mischief in the third degree (a Class E felony); one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
• Jasmine Ryder, 34, Lewis Place, Batavia, one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
• Lance Mercado Sr., 30, Lewis Place, Batavia, one count (PL 240.05) riot in the second degree (Class A misdemeanor).

Update 1:30 p.m.
The time for the media session on Thursday for K-9 Hank wlll be 3:30 p.m. at the rear of the City of Batavia police station.

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Community residents have stepped up in thousands of ways to support the City of Batavia Police Department's K-9 program.

Actually, the number is $11,228.53, which is the total amount of the donations sent into the City after the program was established last August, with the stipulation that donatons would be accepted.

At Monday night's City Council meeting, lawmakers voted to place the contributions into a committed fund just to be used for K-9-related expenses.

Police Chief Shawn Heubusch told The Batavian that a press conference is being arranged for this Thursday at police headquarters to introduce Hank, a 1-year-old Belgian Malinois (pronounced MAL-in-wah), and his handler, Officer Stephen Quider, and to provide details about the program.

The Belgian Malinois is known as a hard-working, protective and smart breed with an ability to detect explosives, accelerants and narcotics. The name is derived from Malines, the French name for the breed's Flemish city of origin, Mechelen.

The male Malinois, which can weigh up to 75 pounds, is sometimes classified as a variety of the Belgian Shepherd.

Hank and Officer Stephen Quider attended last weekend's Juneteenth event at the YWCA of Genesee County.

“I jumped at the chance (to partner with the dog),” Quider said.

So, it looks as though the department's newest trainee is almost ready to em-“bark” on his journey to serve and protect.

In other action, Council:

-- Moved the bid process and determination for the Franklin Street-Richmond Avenue sewer rehabilitation project to its July 13^th Business Meeting.

According to Public Works Director Matt Worth, the City will see significant cost savings by changing the focus 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.

“The original budget for this project was $1,048,596, including engineering costs,” Worth said, “but with the changes, the cost will be significantly lower even with the addition of the Richmond Avenue lining.”

Worth said engineering fees will drop from around $240,000 to $57,800 “due to the reduced effort required to design and inspect a lining project compared to full open construction with new sewer.”

He also said he expects the construction cost to be “well under” the original estimate of $806,000 when the bids are opened on July 2.

-- Voted to authorize Council President Eugene Jankowski to facilitate the acceptance of $16,000 from the Genesee County Youth Bureau to support the Liberty Center for Youth and City Summer Recreation Program.

-- Voted to appoint three City residents – Nicholas Harris, Marc Staley and David Leone – and two Council members – Robert Bialkowski and Jeremy Karas – to the Audit Advisory Board for a term ending Dec. 31.

CORRECTION: We previously published a picture taken June 6 of Officer Stephen Quider with a K9. It turns out that dog was returned and "Hank" is a different dog so we've removed the photo.

While some restaurants have been able to utilize their patios and decks to increase the number of customers during the COVID-19-induced 50-percent capacity phase, others without outdoor dining areas are limited by their four walls.

Batavia City Council members don’t think that’s fair and they are looking into a way to temporarily provide municipal space for dining establishments to serve their customers under sunny skies.

Acting City Manager Rachael Tabelski opened a discussion on the subject at tonight’s Council meeting at City Centre Council Chambers.

“I just wanted to update Council tonight and take your temperature on moving forward with the potential of outdoor dining expansion of restaurants that do not have their own capacity to expand on their own property,” said Tabelski, adding that Phase Two of the state’s reopening plan allowed for outdoor dining.

She said that many restaurants in Batavia took advantage of that and expanded on their own property, but just as many don’t have that option. As a result, three restaurant owners have contact City officials to see if it would be possible to expand onto City-owned property.

Since then, the Finger Lakes Region, which includes Genesee County, has moved into Phase Three – permitting restaurants to have on-premise dining with a maximum of 50-percent occupancy.

Tabelski said the topic also has been discussed during an economic development COVID recovery task force comprised of representatives of the Batavia Downtown Business Improvement District, Batavia Development Corporation, the City of Batavia, Genesee County and the Chamber of Commerce.

She also said there is guidance from the New York State Liquor Authority authorizing this, prompting her and City Attorney George Van Nest to draft an application that would be subject to review by City Council.

If approved, the dining establishment, after acquiring proper liability insurance, would be granted a temporary license to operate outdoors on municipal space.

Van Nest said the approval would constitute a “license agreement, not a license or permit, per se, but the actual ability to use that property … consistent with an event application.” He said the liquor authority requires the municipality to submit an application covering those properties and having an adjoining license certification from the restaurant.

Council Member John Canale said he has been thinking about this type of action during his trips around the City.

“To me, this is an absolute no-brainer,” Canale said. “It’s nice to see these restaurants getting creative (by using the sidewalks) and I hope that we as a City allow them to continue to do this for a period of time … Because their capacity is limited to 50 percent inside, if they can gain in nice weather the outside access, it would make up for that.”

Council members Kathleen Briggs and Patti Pacino said they agreed with Canale, while Council Member Jeremy Karas took it even further, suggesting that this could become a seasonal thing.

Council President Eugene Jankowski also said he thought it was a good idea as long as any expansion didn’t interfere with other businesses. He stopped short, however, of endorsing an annual benefit, stating that that was a discussion for another time.

After Council Member Rose Mary Christian said she also was on board with a permanent arrangement for using City land, Van Nest advised that it could evolve into the City requiring a lease agreement and trigger possible assessment implications.

The debate ended with Council asking Tabelski and Van Nest to get the application to Council members as soon as possible for placement on the agenda of their next meeting on July 13^th.

In other developments, Council:

-- Heard a report from Karas and Public Works Director Matt Worth that City crews and the state Department of Transportation will be joining forces to replace the sunken manhole covers on Route 98 (Oak Street).

Karas said the covers are causing excessive noise in the area, especially when tractor-trailers coming from or going to the Thruway exit roll over them.

Worth said the DOT has agreed to provide traffic control while City workers replace about 10 manhole castings that are in the driving lane and, finally, get rid of the “clunk-clunk times 100” sound that reverberates through homes along the way.

The tentative schedule calls for the new manhole castings to be replaced in August.

“We will be resetting (them) so they’re flush and then DOT will pave them in that area,” Worth said. “Hopefully, they’re nice and smooth … they’ll fit tight and the noise goes away.”

-- Heard a brief report from Canale that the committee charged with looking into the deer population problem in the City is almost ready to address Council with its recommendations.

Canale said the state Department of Environmental Conservation made a few changes with the wording and has given the City a deadline of Aug. 1^st to submit its application.

Calling it a “great plan,” Canale said the committee desires to have guidelines in place by the start of hunting season this fall.

---------------

Following the meeting, Jankowski was asked if Council had discussed a plan to find a replacement for Martin Moore, who left his position as City manager on Saturday by what was publicly announced as a “mutual agreement.”

“We haven’t discussed it as a Council, but I know that City staff are doing research and they’re going to provide that information to Council so that we can make a decision as to how we want to go forward,” Jankowski said.

After it was mentioned that the City would get a “free search” from Novak Consulting Group since Moore's tenure lasted less than two years, Jankowski said, “if that is the case, then that’s definitely an option that we’d have to consider.”

The City contracted with the Ohio firm to coordinate the search in the summer of 2018.

Press release:

As of 2 p.m.

• Genesee County received four new positive cases of COVID-19, for a total of 212 positive cases.
  • One of the positive individuals reside in Batavia, one resides in Bethany, and one resides in Darien.
  • One of the new positive cases is a resident of The Grand Rehabilitation and Nursing at Batavia.
  • One of the individuals is in their 20s, one is in their 50s, one is in their 70s, and one is in their 80s.
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • One of the new positive individuals was on mandatory quarantine prior to testing positive.
  • One of the total active cases are hospitalized.
• Orleans County received three new positive case of COVID-19 today, for a total of 263 positive cases.
  • One of the new positive cases resides in Murray.
  • Two of the new positive cases reside at the Orchard Rehabilitation & Nursing Center.
  • One of the new positive cases is in their 50s, one of the new positive cases is in their 70s and one of the new positive cases is in their 90s.
  • The new positive community case was not on mandatory quarantine prior to testing positive.
  • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Twelve 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 have received word that we have lost an Orleans County resident due to COVID-19. The individual was a resident of Orchard Rehabilitation & Nursing Center. We extend our deepest condolences to the family and friends during this very sad time.

NOTE: There are eight active cases in Genesee County.

Judd Allen Farewell, 28, of Maltby Road, Oakfield, is charged with third-degree grand larceny. He was arrested June 16 on an arrest warrant out of Genesee County Court. He allegedly committed the crime he's charged with at 2:12 p.m. May 31 on Coe Avenue in Oakfield. He was arraigned and jailed without bail. He is due in county court on July 14. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Marshawn Jamal Singletery, 38, of Liberty Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia; driving while ability impaired by alcohol; registration display violation; operating a motor vehicle with a suspended registration. Singletery was arrested at 4:50 p.m. on June 19 on Swan Street, Batavia, after a motor-vehicle stop for having no license plates. He was allegedly found to be under the influence at the time and refused Data Master testing at Genesee County Jail. He was issued an appearance ticket for July 29 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted Deputy Ryan DeLong.

Hezekiah N. Burch, 18, of Hutchins Place, Batavia, is charged with disorderly conduct. At 10:20 p.m. on June 16, Batavia police responded to a report of a large fight in the area of State Street in Batavia. While investigating the incident, police arrested Burch after he allegedly "engaged in violent, tumultuous behavior towards another male." Burch was issued a computerized appearance ticket for Batavia City Court and he is due there on June 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Connor Borchert.

Andrew L. Kosiorek, 48, of State Street, Batavia, is charged with disorderly conduct. At 10:20 p.m. on June 16, Batavia police responded to a report of a large fight in the area of State Street in Batavia. While investigating the incident, police arrested Kosiorek after he allegedly "engaged in violent, tumultuous behavior towards another male." Burch was issued "a hand written appearance ticket (65007)" for Batavia City Court and he is due there on June 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Connor Borchert.

Mark Leroy Farley 51, of Harvester Avenue, Batavia, is charged with second-degree harassment. He was arrest at 3 p.m. on June 14 following a domestic incident at an apartment on Harvester Avenue. He was issued an appearance ticket and released from custody. Farley is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Joshua Girvin.

Jzon Anthony Richardson Sr., 21, of Oak Street, Batavia, is charged with disorderly conduct. At about 10:20 p.m. on June 16, Richardson was arrested at the intersection of Hutchins Place and Lewis Place, in Batavia, following a physical and verbal dispute. He was issued an appearance ticket for Batavia City Court and is due there on July 21. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Arick Perkins.

Batavia Town Supervisor Gregory Post has penned a letter to Gov. Andrew Cuomo calling out the state’s top executive for not distributing funds from the first Coronavirus Aid, Relief, and Economic Security Act to local municipal governments as stipulated by the federal legislation.

“As leaders across the Finger Lakes, Southern Tier and Western New York, we demand you follow congressional intent, Treasury guidance and 18 other states that have distributed a portion of the billions of dollars received from the … (CARES) Act for direct assistance to local governments under the 500,000 population threshold,” Post wrote in the letter, which was the subject of a resolution at Wednesday’s Town Board meeting.

“If these funds are not delivered, it is not just the governments themselves that will be impacted, but the constituents in these areas will suffer life-threatening consequences as a result.”

The letter went on to indicate that the “Coronavirus Relief Fund, included in the CARES Act, allotted $5.1 billion to New York State, with an additional $2.4 billion directly to cities and counties in New York with populations of 500,000 or more. Congress intended the 500,000 threshold to streamline funds to larger cities and counties while smaller cities and counties would receive funds through the State’s share.”

Post concluded his letter by writing that distribution of the funds is well past due.

“New York State, under your direction, has failed to deploy and share these funds with local communities. If we are going to reopen our economy and move forward from this crisis, local communities should receive these funds immediately. There is no excuse. Our local counties, cities, towns, and villages cannot wait any longer.”

During discussion on the resolution, Post said that the CARES Act legislation passed nearly 60 days ago and that “to this date, none of that money has been reallocated or redistributed to any of us in New York State.”

“Our question here is, by this letter, asking why and to please expedite the processing of that $5.1 million to local governments that are feeling the pinch as badly as they are,” he said.

The Town Board unanimously passed the resolution.

In a related development, the Town Board voted in favor of a resolution to amend local finance law to give towns more options to address financial shortfalls at no cost to the state. The measure will be forwarded to the Town’s state government representatives.

The resolution called for the following:

-- Allows Bond Anticipated Notes to rollover for seven years instead of five years;
-- Allows towns to spend money from capital reserve funds for capital costs related to COVID-19 without being subject to a permissive referendum;
-- Allows towns to temporarily borrow money from reserve funds for COVID-19 related expenses so long as at least 20 percent of what’s borrowed is returned each fiscal year;
-- Gives towns another year to pay back interfund advances.

In other news, the board:

-- Heard a report from Building Inspector Daniel Lang that he expects a busy construction season this year based on the number of building permits and inspection applications that are coming in.

“I would say so, especially with what’s going on with COVID-19,” Lang said. “The commercial is ramped out as it normally would be right now, and as far as the residential goes, we’re shaping up to have a good year.”

Lang said his department has received applications for many smaller projects, such as pole barns, decks, swimming pools and single-family dwellings, including a few more homes at Oakwood Estates off East Main Street Road.

“And we’re not going to skip a beat on the big commercial projects – I think that’s where we’re going to get hit,” he said.

-- Was advised by Lang that a retooled solar farm project proposed by Donald Partridge on Ellicott Street Road is in the works. The original plan was denied.

“He’s looking to separate the parcels and make smaller solar farms than what he initially proposed,” Lang said.

-- Was advised by Town Councilman Chad Zambito that plans for a ribbon-cutting ceremony are being made, possibly before the July 4^th weekend, and that invitations will be extended to Assemblyman Stephen Hawley and State Sen. Michael Ranzenhofer.

Zambito also said that the Rotary Club donated benches and bicycle racks to the Ellicott Trail, which runs from Seven Springs Road to Pearl Street Road (Route 33).