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White big rig speeds through county with cops in hot pursuit

By Billie Owens

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

Batavia Police Department set up a perimeter on Route 5.

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

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

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

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

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

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

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

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

By Mike Pettinella

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

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

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

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

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

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

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

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

By Howard B. Owens

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

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

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

The unemployment rate in the state is 15 percent.

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

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

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

By Howard B. Owens

Press release:

  • As of 2 p.m.
    • Genesee County received two new positive cases of COVID-19, for a total of 183 positive cases.
      • The positive cases reside in Batavia and Darien.
      • One of the positive individuals is less than 20 and one is in their 30s.
      • One of the positive cases was not on mandatory quarantine prior to becoming symptomatic.
      • Two of the previous positive cases have recovered and have been released from mandatory isolation.
      • Two of the total active positive cases are hospitalized.
    • Orleans County received one new positive case of COVID-19, for a total of 209 positive cases.
      • One of the new positive individuals resides in Carlton.
      • Of the new positive case the individual is in their 70s.
      • None of the new positive cases were on mandatory quarantine prior to testing positive.
      • Twenty of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

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

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

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

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

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

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

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

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

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

(Initial Report)

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

By Mike Pettinella

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

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

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

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

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

MOORE: TIME HAS COME TO MAKE A CHANGE

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

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

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

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

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

JANKOWSKI: GIVES US A CUSHION

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

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

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

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

VAN NEST: RESTRICTIONS ABOUND

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

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

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

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

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

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

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

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

NEARY: RESCINDING MAY BE AN OPTION

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

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

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

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

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

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

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

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

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

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

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

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

(Click here to see the previous story.)

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

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

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

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

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

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

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

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

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

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

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

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

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

It might be a long summer, the chief said.

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

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

By Mike Pettinella

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

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

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

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

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

No. 2 – County Waits for Medicaid Funding

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

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

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

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

No. 3 – Sales Tax Money to Aid Distressed Facilities

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

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

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

No. 4 -- Genesee County’s Operational Status

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

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

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

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

No. 5 – Six Furloughed Employees Return to Work

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

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

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

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

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

By Billie Owens

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

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

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

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

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genesee County reports one new COVID-19 positive test

By Howard B. Owens

Press release:

The Genesee and Orleans County Health Departments have received three more COVID-19 cases. Orleans has two new cases (bringing the total to 202) and Genesee has one (bringing the total to 180).

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Two of the Orleans County individuals are community residents. Genesee County’s one individual who tested positive is a community member.

We have also received word of the death of two individuals who had tested positive for COVID-19 and residents of The Villages of Orleans Health and Rehabilitation Center (now for a total of 26 deaths related to COVID-19 for The Villages and a total of 29 deaths for Orleans County). Our sincere condolences to the family and friends of this individual during this very sad and difficult time.

There is currently no further information to release on ages and locations. Mapping to include the positive cases from the weekend will be updated on Tuesday afternoon due to the Memorial Day holiday.

We hope everyone had a peaceful and safe Memorial Day. We appreciate the sacrifice of those who served in the armed forces and gave their all.

We ask residents to continue social distancing, mask-wearing, and proper hygiene even in the company whom we trust the most -- like family, friends, and coworkers. We can all show people that we care and respect them by continuing these practices to keep everyone safe.

Rochester man found in possession of crack cocaine after traffic stop, charged with drug dealing

By Howard B. Owens
      Anthony Welch

Anthony J. "Science" Welch, 39, of Rochester, is charged with criminal possession of a controlled substance, 3rd, after allegedly being found in possession of crack cocaine following a traffic stop by the Local Drug Task Force.

The charge is premised on the allegation that the amount of the narcotic in Welch's possession indicates he intended to sell it.

Welch was a passenger in a car driven by Steven R. Colombo, 33, of Batavia, who was allegedly driving while his privilege was suspended.

Another passenger, Amy L. Coulson, 33, of Batavia, was also arrested and charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd.

Following the traffic stop, Welch and Coulson were taken to the Genesee County Jail and based on a search warrant they were searched. Welch was allegedly found in possession of crack cocaine that he tried to hide during the traffic stop. 

Welch was also charged with tampering with physical evidence, promoting prison contraband, and criminally using drug paraphernalia.  

Colombo was charged with aggravated unlicensed operation, 3rd.

Following arraignment, Welch was released under supervision of Genesee Justice and Coulson and Colombo were released on appearance tickets. 

The Task Force was assisted by Batavia PD, Corrections Officers, and the District Attorney's Office.

Job Development Bureau director sets sights on virtual fair, reworked summer youth program

By Mike Pettinella

The director of the Genesee County Job Development Bureau is banking on the internet and World Wide Web to make it easier for out-of-work residents to find a job.

“My number one priority is figuring out how to do virtual job fairs,” Teresa Van Son said earlier this week during a Genesee County Legislature’s Ways & Means Committee meeting via Zoom. “I think there’s definitely a need. We’ve looked at it quite a bit and I’m hoping within the next month or two, I will figure out some way to do it.”

Committee Chair Marianne Clattenburg said she was on board with that considering the current employment situation.

“Sometimes people are hesitant to walk through a door but if they just have to click on a website and do it virtually – the younger folks especially who are so used to that – it might be a great way to reach out,” Clattenburg reasoned.

Van Son said that although the building (located in the Eastown Plaza behind Aldi) is closed, Job Development Bureau and Department of Labor staff are working from home and offering services remotely and over the phone.

“There are a few things we can’t provide right now – hands-on assessment services, job fairs” and two programs with the Department of Social Services that have been temporarily suspended, she said.

Van Son said she is focusing on the Summer Youth Employment Program, with a goal of serving 50 young people.

“We’re looking to do it differently. We’re looking at where can we find outdoor spaces. So, maybe working with local towns with their cemeteries and helping them do some beautification, or something potentially with the parks," she said, adding that forming a sanitation crew is another possibility.

“We’re trying to be pretty creative and come up with outdoor things so that social distancing might be a little easier.”

Van Son said a team approach is another idea being considered.

“Maybe groups of five kids work together with a team leader and they determine what project they want to do,” she said. “They design it from the ground up and they make all the arrangements, and they execute that project. That would be their summer youth employment experience and they can put that into a portfolio.”

Operationally, Van Son said one longtime employee, Veronica Frost, is retiring while another, Mary Spaulding, is putting off her retirement for at least another year. Both have been with the bureau for more than 35 years.

She also said that renegotiation of the agency’s lease that expires on Jan. 31, 2021 has begun. She mentioned the benefits of the current location include longevity, a favorable monthly rate, being on the bus line and plenty of space to accommodate social distancing.

In a related development, the committee authorized Legislature Chair Rochelle Stein to sign a Job Development Bureau contractor’s agreement with Livingston County to facilitate the Workforce Innovation Opportunity Act program.

The resolution states that the grant is a one-year agreement that may be extended based on performance for two additional one-year periods with a budget of $243,800.

Van Son said the WIOA federal grant, which is passed through the state for funding, provides over 65 percent of the bureau’s revenue. She said an additional $23,000 has been approved this year due to increased costs related to out-of-school youth services.

Genesee County does not allocate funding for the bureau but provides other types of support.

 “No county dollars directly fund the job development program but we’re very appreciative of the amount of in-kind service and assistance that we receive through the county to be able to provide these job-seeking services to folks in the community,” Van Son said.

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The Genesee County Job Development Bureau is located at 587 E. Main St., Suite 100, in the Eastown Plaza. For information about programs provided and employment/unemployment matters, call (585) 344-2042. The bureau’s website is here.

Batavia school district job cuts to affect eight permanent employees; union to vote Thursday on school day

By Mike Pettinella

As the Batavia City School District’s Board of Education worked to reach its goal of a 2020-21 budget with no property tax rate increase, tough decisions had to be made -- most notably the need to cut a significant number of jobs.

At its April 28th meeting, the board announced an across-the-board reduction of at least 30 positions, including administrators, teachers, aides and clerical staff.

Earlier this week, the board passed a $51.4 million spending plan and, according to Business Administrator Scott Rozanski, the impact of those cuts, when converting them to “full-time equivalents,” isn’t as severe as originally believed.

Rozanski today said that 10 of the 33 FTE positions removed from the budget are reductions to existing staff, with seven teachers and one clerical employee losing their jobs. The other two of those 10 FTEs are vacant positions in administration that won’t be filled, he said.

“So, technically, eight permanent employees are affected at this point in time,” Rozanski said.

The remainder of the reductions is as follows:

-- Five FTE via retirements;
-- Seven and a half FTE via resignations;
-- Ten FTE via long-term substitute assignments ending June 30;
-- One half FTE via reductions to the budget (contracted new position).

A public hearing on the budget is scheduled for the board’s next meeting at 6 p.m. June 2, and voting will take place by paper ballot on June 9. Ballots were mailed to all eligible voters and must be returned (in a provided postage-paid envelope) by 5 p.m. June 9th to be considered.

The public also will vote on a $619,151 capital project to construct an age-appropriate playground at Jackson Primary School, he said.

In a related development, the Batavia Teachers’ Association will vote next Thursday (May 28) on a proposal to change the school day schedule. 

BTA President Mark Warren said today that voting by employees who work at the four district schools will take place by an online balloting system, and results will be available that evening.

“Each of the four buildings will have separate votes and if they all vote in favor of it, then it will pass,” Warren said.

If approved, it reportedly would save the district about $200,000 in transportation costs.

The proposed schedule change is as follows:

 -- Putting Batavia High and Batavia Middle on a 7:30 a.m. to 2:15 p.m. schedule. Currently, the schedule at those two schools is 8 a.m. to 2:45 p.m.

-- Putting John Kennedy and Jackson on a 9 a.m. to 3:15 p.m. schedule. Currently, the schedule at those two schools is 8:15 a.m. to 2:30 p.m.

Batavia pastors put faith in local officials as President issues call to reopen places of worship

By Mike Pettinella

The pastor of the Batavia First Presbyterian Church said that while she understands the president’s call for the immediate reopening of places of worship, she said it is best that “we decide for ourselves” on how to move forward in the face of COVID-19.

President Trump earlier today issued a strong statement on the status of religious services, practically ordering governors to “do the right thing and allow these very important essential places of faith to open right now – for this weekend.”

In a 2 minute, 20 second address, after which he took no questions from the media, Trump said that churches, synagogues and mosques are “essential places that provide essential services,” and if state governors do not permit reopening, he will “override” them.

Rev. Roula Alkhouri, Ph.D., said that the congregation at First Presbyterian should be able to “decide for ourselves, making sure that it is safe for our neighbors and following the guidelines (set forth by New York State and the local health department).”

While believing that government does not have any authority over the church, Alkhouri said her church is under the authority of the Presbytery and adheres to a “collective wisdom” approach.

She also said she believes strongly in the separation of church and state, but she hasn’t felt oppressed by any of the rules stemming from the coronavirus outbreak.

“The guidelines are there to protect us,” she said. “If we chose to meet, we probably could, but is it ethical, does it show the love of Christ toward others? I don’t think so.”

Alkhouri said COVID-19 has hit close to home as a cousin died due to the virus and a sister, who lives in Dubai, just recovered after a 25-day battle.

“(Reopening the building) is not a simple decision; it’s very complex,” she said. “Yes, it is essential that we gather together to worship, but it also is essential that we don’t endanger anyone either.”

Rev. Martin Macdonald, pastor of City Church in Batavia, said he applauds the president’s assertion, but also supports the local officials who are monitoring the situation here.

“I appreciate and respect the president, but we still have to lend our ear to what’s happening in our own community,” he said, referring to the county and city managers, police chiefs and sheriff and health department director. “The president is giving the green light – saying you can reopen – but is it the right time yet? I’ll wait to hear what local authorities have to say.”

He said that he doesn’t think anyone is intentionally trying to keep churches closed, adding that “no one can stop the Gospel from being spread throughout the world.”

“Everyone knows how much I believe in the local church and love people to come together to worship … but I’ve found that our reach is greater than ever before through Facebook and social media outlets,” he said.

Macdonald said he looks to Scripture as his guide.

“The Bible says all things are permissible, but not all things are beneficial,” he said, paraphrasing I Cor. 10:23.

In New York, just yesterday Gov. Andrew Cuomo announced that religious gatherings will be permitted under strict social guidelines, including no more than 10 people at a time with all participants having to wear masks.

Drive-in and parking lot services also will be allowed.

The governor also said he is forming an interfaith advisory council to formulate guidelines to open up services to a greater degree.

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President Trump’s complete statement:

“At my direction, the CDC is issuing guidance for communities of faith … today I’m identifying houses of worship – churches, synagogues and mosques – as essential places that provide essential services. Some governors have deemed the liquor stores and abortion clinics as essential, but have left out churches and other houses of worship. It’s not right.

"So, I’m correcting this injustice and calling houses of worship essential. I call upon governors to allow our churches and places of worship to open right now. If there’s any question, they’re going to have to call me, but they’re not going to be successful in that call. These are places that hold our society together and keep our people united. The people are demanding to go to church, their synagogue and go to their mosque.

"Many millions of Americans embrace worship as an essential part of life. The ministers, pastors, rabbis, imams and other faith leaders will make sure that their congregations are safe as they gather and pray. I know them well. They love their congregations, they love their people, they don’t want anything bad to happen to them or anyone else.

"The governors need to do the right thing and allow these very important essential places of faith to open right now – for this weekend. If they don’t do it, I will override the governors. In America, we need more prayer, not less."

Law and Order: Dellinger Avenue man accused of coercion and assault

By Billie Owens

D'Andre J. Cramer, 21, of Dellinger Avenue, Batavia, is charged with third-degree coercion and third-degree assault. Cramer was arrested at 10:46 p.m. on May 7 after a domestic incident on Dellinger Avenue. He was arraigned in Batavia City Court and is due in Batavia City Court on June 5th. The case was handled by Batavia Police Officer Kevin DeFelice.

Michael R. Ostrander, 55, of West Main Street, Batavia, is charged with second-degree harassment and third-degree menacing. Ostrander was arrested following an incident in the 400 block of East Main Street, Batavia, at 10 p.m. on May 18. It is alleged that he touched a person and threatened another. He is due in Batavia City Court on June 16. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Peter Flanagan.

Jamar T. Shipp, 31, of Niagara Street, Niagara Falls, is charged with aggravated harassment. Shipp was arrested on May 19 after an investigation and arraigned at 4:07 p.m. in Batavia City Court. It is alleged that at 5:21 p.m. on May 9 during a phone call that Shipp threatened to physically harm a female. He was released on his own recognizance and is due to return to city court on July 1. The case was handled by Batavia Police Officer Alex Roberts.

Matthew W. Barber, 52, of West Main Street, Batavia, is charged with unauthorized use of a computer. Barber was arrested at 9:26 a.m. on May 21 after an investigation into an incident that occurred at 12:15 a.m. on May 19 in the 700 block of Ellicott Street, Batavia. He was issued an appearance ticket and is due in Batavia City Court on June 9. The case was handled by Batavia Police Officer Joshua Girvin.

Christopher Parker, 31, of Morse Place, Batavia, and Joshua Williams, 30, of Portland Avenue, Rochester, are charged with: unlawful possession of marijuana in the second degree, a violation; criminal possession of marijuana in the second degree, also a violation; and criminal possession of a controlled substance in the seventh degree, a misdemeanor. The duo was arrested by City of Batavia Police Officer Wesley Rissinger and the Genesee County Local Drug Task Force after a traffic stop (location and time not provided) on May 21. They were issued appearance tickets and are due in City of Batavia Court on June 16.

There's no clear cause of buckling along Cedar Street side walk but city will repair damage

By Howard B. Owens

While it's not unusual for recently constructed sidewalks to buckle in the heat, the number of faults in the sidewalk along Cedar Street since it was installed in 2013 is unusual, said City of Batavia Public Works Director Matt Worth.

It's also unexplainable. 

Worth -- wasn't appointed public works director until after the project was completed  -- indicated a combination of factors could cause the buckling, including the spacing of the joints, the nature of the subsurface, and the chemistry of the cement.  

The buckling is caused by the cement expanding in the heat of the sun beating down on the pavement.

It's been an issue ever since the project was completed, Worth said. While there are as many as six buckle points along the path now, eventually, the issue will resolve itself as repairs are made and pressure is relieved on the cement.

There's nothing to suggest, Worth said, that the contractor who installed the sidewalks, shares any liability.

City crews will repair the broken sections, he said, at a fraction of the cost of hiring a contractor to do the work.

Despite difficulties, couple opens new diner on Jackson Street in Batavia

By Howard B. Owens

The middle of an economic lockdown may not seem like the ideal time to open a new restaurant but when it's something you were planning and dreaming about before a global pandemic was announced, that's what you do as soon as you can.

Gilliana's Diner, on Jackson Street, in the former location of Sylvania's, opened yesterday.

"We're super excited," said Jill Antinore, who owns the new eatery with her husband Mark.

Jill said they purchased the restaurant Feb. 1 then the global health emergency hit and the County Health Department wasn't issuing health permits. They had to wait until the Health Department was able to give them the OK to open.

Opened for breakfast and lunch -- except on Friday when they offer a dinner menu -- Jill described the diner as "a breakfast place with Italian specialties."

Available for takeout now are typical breakfast items, such as bacon and eggs, and items such as "The Godfather," which is egg, provolone, Italian sausage, sweet or hot peppers; and "Italian eggs in Purgatory," which is two eggs poached in homemade tomato sauce, with cannellini beans, peppers and onions.

The lunch menu includes tripe, homemade meatballs, agrodolce, and parmesan chicken wings.

Hours are Sunday, 7:30 a.m. to 3 p.m.; Monday, Tuesday, Thursday, and Saturday, 6 a.m. to 2 p.m., and Friday 6 a.m. to 2 p.m. and 5 to 8 p.m. The diner is closed on Wednesdays.

The phone number is (585) 201-7772.

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