notify

As the weather warms, several local restaurant owners, who have been operating under coronavirus lockdown conditions for two months, are looking to outdoor -- al fresco -- dining as a way to attract more customers while maintaining social distancing.

City Manager Martin Moore said he's interested in exploring the idea further. Currently, restaurants won't be able to reopen under the governor's plan for the post-lockdown economy until Phase Three. Moore said he would like to explore giving restaurants a way to serve more diners, besides curbside and delivery.

Several restaurants in Batavia -- Roman's, T.F. Brown's, Islands Hawaiian Grill, O'Lacy's Irish Pub, Center Street Smoke House, for example -- have patios. Settler's has a patio-like space in front of the restaurant and owner John Spyropoulous would like to put it to use. Main St. Pizza Co. has in the past offered seats and tables on the sidewalk and that might be an option for other locations, but with social distancing requirements, restaurants might be looking for more space.

That could mean adjoining or nearby city-owned parking lots or Jackson Square.

Moore said he would have to check with code enforcement about using city property for restaurant use.

Derek Geib, owner of Roman's, Bourbon and Burger Co., and The Coffee Press, is eager to offer outdoor dining. Roman's has an open patio and a patio with retractable windows. While Bourbon and Burger and The Coffee Press don't have patios -- though they can offer sidewalk dining -- both have easy access to Jackson Square. So do Eli Fish, Center Street and the newly opened Gilliana's, but Geib thinks all restaurants that want to participate should have access to diners in Jackson Square.

Matt Gray, the owner of Eli Fish, is also eager to see Jackson Square opened up to diners, with tables spaced at least six feet apart, of course. Gray also owns Alex's Place and he said if there was customer interest, he would explore creating a dining area in the restaurant's parking lot.

The rub for most restaurant owners, however, is the ability to serve alcohol, especially on city property. The would require both the state and the city to make allowances for alcohol service but the state did recognize the importance of alcohol sales to restaurants at the start of the lockdown. Restaurants are allowed to sell alcohol during the lockdown during curbside pickup and delivery.

Moore said if the state would allow it and there is no local law that prohibits it, he is open alcohol sales in Jackson Square or in a designated space in a city-owned parking lot.

“If they give us some kind of ability for our restaurants to have more customers, we’re definitely going to explore every angle to try and make that reality," Moore said.

On a statewide basis, the New York Restaurant Association is supporting outdoor dining and today issued this statement:

“As parts of the state have begun the reopening process and other regions are progressing towards that goal, the New York State Restaurant Association is urging the state to allow restaurants to reopen for outdoor dining during phase two. Just this week, outdoor dining was included in phase one in Connecticut’s reopening.

Additionally, we are formally asking for expanded outdoor dining capabilities, an emphasis on social distancing requirements over capacity limits, and allowing continued sales of alcohol to-go. Just about every restaurant in the state is teetering on the edge of financial hardship, and we need to do everything possible to keep them afloat.

“To do our part, NYSRA, our members, and all restaurants in the state will continue to follow stringent sanitation practices to ensure the safety of our patrons and staff. That’s the promise that we’re making to our guests, who we can’t wait to serve again.”

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 178 positive cases.
    • The positive case resides in LeRoy.
    • The individual is in their 40s.
    • The newly positive individual was on quarantine prior to becoming symptomatic.
    • One of the previous positive cases has recovered and has been released from mandatory isolation.
    • Two of the total active positive cases are hospitalized.
  • Orleans County received 0 new positive cases of COVID-19 for a total of 171 positive cases.
    • One of the previous positive community cases has recovered and has been released from mandatory isolation.
    • Seventeen 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.       

Click here to view the Genesee and Orleans counties' online map of confirmed cases.
 

An incident several weeks ago involving two non-compliant persons infected by the coronavirus has resulted in the Genesee County attorney seeking a budget transfer of $2,838 to pay the fees charged by another lawyer called into the case.

County Attorney Kevin Earl on Wednesday presented a resolution to the Genesee County Legislature’s Ways & Means Committee to cover, per the decree, the “unexpected legal expenses due to violations of Health Department quarantine orders related to the COVID-19 pandemic.”

The resolution goes on to state that available funds from the county attorney’s personal services line would be moved to the COVID-19 expense line, with the full amount expected to be reimbursed by the Federal Emergency Management Agency.

Earl said that the money is there due to the county’s furlough of his secretary.

In recounting the circumstances leading up to his request, Earl said two individuals broke their quarantine, which prompted the enlistment of County Judge Charles Zambito to get emergency orders that permitted police to arrest them and take them into custody.

“We arranged that we would take them to a facility that Monroe County had established if we had to do this,” he said. “We did get the orders, and the judge, basically, ordered (attorney) Fred Rarick to represent both of these individuals so that there would be no claims that we were taking them into custody or violating their rights without representation.”

Earl said he “clearly believes” that expenses will be reimbursable “because there was no other reason for this other than the COVID response.”

Committee Chair Marianne Clattenburg asked if the two individuals would be taken to a hotel in Monroe County per a previous agreement between the Genesee & Orleans and Monroe county health departments to provide temporary living quarters for those who had no other housing.

Earl said that this was a different situation, one where a violation of the law came into play.

“We didn’t want to take them to our jail if they had been exposed or tested positive, so the Monroe County sheriff had opened up a facility -- he retrofitted an old jail,” he said. “Obviously, once we have them in custody, we have to take care of them. So, they had a facility where they could provide medical treatment if necessary.”

Clattenburg said that the two people “were going out into the community at the height of the community spread” and that county sheriff’s deputies and city police had to be called in.

“I just want people to realize that we did take the situation very seriously, and those people were a danger to others in the community and were being monitored for quarantine,” she said. “When we found not to be complying, we did take some action here and this is the result of the expense that we had.”

Legislator Gary Maha asked if the duo was taken into custody and transported to Monroe County.

“As we had hoped, the actual having of the order, personally serving upon them, and knowing that if we saw them one foot off the property, they would be immediately taken into custody was enough,” Earl responded. “So, fortunately we didn’t have to go to that step … and I think there’s also a deterrent effect … We did not have to have them arrested but we were ready if we did (with a warrant).”

The committee then approved the resolution, which will move to the full legislature for voting.

In another development, the committee supported a request by County Treasurer Scott German to help the Town of Stafford with its 2021 town/county tax collection.

German said Stafford Town Supervisor asked him if the county would once again collect taxes for the town this year, and German said yes, but the fee would be doubled to $5,000.

“He (Clement) and the (Stafford Town) board were fine with that,” German said.

The treasurer said the reasoning behind the fee increase is that the process took more time than expected and that it lines up with the price charged by Wyoming County for the same service.

“Wyoming County charges about $3.50 per parcel and that is what this will essentially do,” he said, noting that Stafford has about 1,400 taxable parcels. “This will put us on the same playing field as Wyoming County.”

Legislature Chair Rochelle Stein asked if there was a measurement that would justify the new fee.

German said that if another town was to ask the county for tax collection help, he would use the $3.50 per taxable parcel rate going forward.

Legislator Andrew Young, who called for the increase, said, “It’s really not something we want to get in the business of doing; it’s just a matter that one of our partners needs some assistance and we’re going to assist them.”

German agreed and said he will forward a contact signed by both entities to the legislature for consideration in the form of a resolution.

Shawn Philip Stevens, 42, of Hundredmark Road, Elba, is charged with second-degree criminal contempt. On May 20, Genesee County Sheriff's deputies J. Dimmig and D. Moore arrested Stevens in relation to a domestic incident that occurred on South Main Street in the Village of Elba at 9:45 p.m. on May 16. Stevens was arrrested and charged with the crime for allegedly violating an order of protection.

Shannon Maria Armstead, 27, of Bloomingdale Road, Alabama, is charged with second-degree menacing and second-degree harassment. At 7:36 p.m. on May 19, Armstead was arrested after a complaint about a physical altercation in the Town Alabama. Armstead was issued appearance tickets and is due in Town of Alabama Court on June 10. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy David Moore.

Genesee County Clerk Michael Cianfrini said he is expecting a major traffic jam when the Department of Motor Vehicles office on the lower floor of County Building I opens its doors once again for walk-in service.

“I do anticipate that when we reopen, we’re going to be inundated,” Cianfrini said on Wednesday as he provided an update on DMV/clerk’s office operations to the Genesee County Legislature’s Ways & Means Committee.

While a specific date for a full reopening has yet to be determined, Cianfrini said he believes it could happen early next month.

“The last I’m hearing is that we should be part of Phase Two (of the four-phase New York State reopening plan) and the date I hear kicked around, but it’s by no means set in stone, is June 8^th,” he said.

Cianfrini said that throughout the COVID-19-induced person-to-person lockout, the DMV office in Batavia has kept busy with reduced staffing that also includes Deputy Clerk Leslie D. Krajewski and two or three customer service representatives.

He said that processing transactions for auto dealers has been steady and that citizens have been utilizing drop boxes in Le Roy and Batavia to a greater degree after his office publicized that option.

“Dealers are actually selling a lot of cars right now … and we have been able to maintain a pretty good dealer work flow,” Cianfrini said. “My goal is to try to get caught up on all the dealer work by the time we reopen. We’re close and the dealer work continues to come in.”

He said his office has been processing vehicle registration renewals, registration transfers, driver’s license renewals (if people submit valid eye test results), vehicle plate surrenders and, more recently, issuing license plates for new purchases.

“Originally, we were told we were forbidden from doing that (issuing plates), but the more I was hearing other DMVs were doing it, we started also issuing license plates to Genesee County residents only,” he said. “We have a limited supply of plates and we have not gotten resupplied on that, so we don’t want to run out.”

Financially, revenue is not far off of 2019 levels, he said, with $300,000 coming into the county for the first four months of this year, compared to $353,000 for the same time period in 2019.

Cianfrini said that the office is “ready to go” as far as social distancing and other safety protocols are concerned, but did admit that answering the phone may be placed on the back burner at the outset.

“We may have to temporarily turn the phones off when we first reopen … and we may try to change our message to include all the information that we typically get asked when people call -- to just include that in the message -- but on a temporary basis to focus on the people who come in,” he advised.

He pointed out that there will be a lot of 16-year-olds who haven’t been able to get their permits, as well as many, many others seeking service. He also mentioned that employees will continue to encourage people to use the drop boxes.

“If we have the 500 people in line that I anticipate once we reopen … we can’t do the phones and answer the customers that are waiting in line,” he said, noting that the office has received hundreds of calls per day – nonstop from 8 a.m. to 5 p.m. – mostly from out-of-county residents unable to get through to their DMV offices.

Cianfrini also reported on activity at the County Clerk’s office upstairs, citing the effectiveness of e-recording (land documents) and e-filing (civil filings) software that was implemented last year.

“We’ve been fairly busy … attorneys have made the transition to e-recording very smoothly,” he said.

He said the office receives a couple dozen calls a day about pistol permits, a service that he hasn’t been able to provide.

“But when we do reopen, that’s going to be the thing that really drives us,” he said.

Cianfrini also said he is not worried about a permanent loss of revenue.

“I don’t anticipate a big drop-off beyond the national economic downtown … (as) pretty much anything that would have been recorded is going to be recorded and anything that would have been filed is going to be filed – and anybody that planned on doing a passport or pistol permit transaction will probably still come in anyway once we reopen.”

With colleges and high schools cut short due to the current public health crisis, it seems reasonable to believe that a large number of young adults may be looking for gainful employment.

Genesee County Board of Election Commissioners Lorie Longhany and Richard Siebert have issued a call for citizens – 18 years of age and up – to serve their communities and earn some spending money at the same time by applying for poll worker positions for the June 23^rd Primary and Special Election.

“Dick and I have found that we’re going to have a need for more poll workers … we are down, right now, 42 poll workers out of approximately 200,” Longhany said at Wednesday afternoon’s Genesee County Legislature Ways & Means Committee meeting via Zoom videoconferencing.

Longhany said workers are needed for eight-hour shifts during the week and for five-hour shifts on the weekend during early voting, and then for a 15- to 16-hour stint on Election Day.

Pay for the Election Day work is set at $215 and other pay rates vary depending upon shift length and duties.

She also said those who apply will be paid $35 for two hours of training, and would be eligible to stay on to work during the November election.

“We’ve had some luck getting some young people to step forward, but not in the numbers that we are going to need. And that’s our dilemma,” Longhany said. “We have an election … on the 23^rd and we need staff to put it on.”

Longhany said that the COVID-19 pandemic is adversely affecting the election office’s operation.

“We are seeing that poll workers just aren’t comfortable going out and sitting during the climate that we’re in with COVID-19,” she said.

Committee Chair Marianne Clattenburg said that was understandable.

“A lot of our poll workers are older citizens and considered vulnerable, and we appreciate the service they have given us all these years, but we totally understand their perspective now,” she said.

Longhany said the plan is to “facilitate the movement of the voters to get to the table to sign in by keeping the six-foot social distancing – passing out the little bottle of sanitizer that our emergency management team is so wonderfully providing for us, and just kind of keep a semblance of order during a time that’s different,” she explained. “We want our poll workers to be safe and we want our voters to be safe.”

The election commissioners asked legislators to allow them to hire more poll workers to keep things running smoothly and ensure that required safety measures are followed, adding that they are reaching out to school teachers, social workers at schools and others to get the word out.

Siebert noted that election expenses are the responsibility of the municipalities that are being served by the county election office.

“We were directed many years ago that all expenses to the towns that we run the election – these poll workers – no matter what our expenses – are charged back, which comes back two years later,” he said. “So, if we have to hire another $4,000 or $5,000 for what the cost would be … that would be a charge back to the City of Batavia and all the 13 towns.”

People interested in applying to be a poll worker or who want more information are asked to call the election office at (585) 815-7804.

Longhany said that 5,339 absentee ballots have been processed thus far, more than twice the normal amount processed during presidential election years.

Polls will be open for early voting at County Building 2 on West Main Street Road in Batavia from: noon to 5 p.m. on June 13-14; 9 a.m. to 5 p.m. on June 15; noon to 8 p.m. on June 16-17;9 a.m. to 5 p.m. on June 18-19; and noon to 5 p.m. on June 20-21.

On June 23, Election Day voting will take place at 23 different polling sites from 6 a.m. to 9 p.m. throughout the county.

Assistant County Manager Matt Landers provided a snapshot of the current financial status of Genesee County government tonight and, although the complete picture has yet to develop, it does present a clear view that steps being taken in light of the COVID-19 pandemic are resulting in significant cost savings.

Speaking at the Genesee County Legislature’s Ways & Means videoconference meeting, Landers projected that the county will be $1.4 million on the plus side before any potential state aid and sales tax losses are considered.

“When you take into consideration about $800,000 on the departmental level and an additional $600,000 through various measures and means, we’re looking at possibly about $1.4 million to the good,” Landers said. “These are all pre-state cuts and pre-sales tax implications as well, and doesn’t have mortgage tax figured in – and that could be another $100,000 or so.”

Landers reported information received from department heads and County Treasurer Scott German as the basis for his forecast.

“In general, what got reported back to us … in essence, the savings on a departmental level are about $800,000 on their budgets through the course of the year and going forward, projecting out,” he said.

He said departmental revenues would decline by $1.5 to $1.6 million for the year, but expenses will be down about $2.4 million for the year – resulting in the $800,000 savings.

“A large chunk of that is the jail, which has significant savings,” he offered. “They’re looking at roughly a net savings of $370,000, primarily from not boarding out, medical savings, food savings. They budgeted boarding out males and females and, obviously, they’re not boarding anybody out.”

Beyond that, Landers said the county health department’s preschool (ages) 3-5 program will see a savings of $308,000 as schools have been closed. This program primarily consists of occupational therapy, physical therapy, speech and other programming.

Moreover, the county’s hiring freeze and furlough strategies are on track to produce savings of $236,000 and $160,000, respectively, he said.

Landers said that additional revenue is expected in tax foreclosure properties ($131,000), contingency costs not utilized ($35,000), forfeited bail ($25,000) and delaying of projects ($100,000), which more than offset losses in interest earnings ($100,000) and Western Regional Off-Track Betting revenue ($35,000).

“At this point in time, I’m happy to see that we’re a million-four to the good versus a million-four to the bad … but we’re really at a wait-and-see situation right now until we can really see what is going to happen with the state reimbursement on state aid, the sales tax money and (federal) stimulus four,” he said.

Landers also said that a fourth federal stimulus package to help states and local governments would make paint a much brighter picture for the county.

“If we receive a windfall of money to help offset our sales tax losses, the ripple effect is huge because that would also mean that the state is receiving something else,” he said. “And it would not need to give a pass-down, devastating state aid cut that could be from a couple million to seven or eight million dollars they could hit us with.”

County Manager Jay Gsell advised the committee that Gov. Andrew Cuomo has three state budget “measurement periods” at his disposal.

The first (the month of April) has already passed but an announcement is “imminent,” Gsell said, and the others are May 1 through June 30, and July 1 through the end of the year.

He said that negotiations are taking place at the federal level in regard to another stimulus package, expressing the opinion that the bill recently passed by the House of Representatives will not pass as presented.

“That does not look like that (HEROES Act) is going anywhere,” he said. “Our NYSAC (New York State Association of Counties) people last night were telling us that looks like it is strictly a negotiating standpoint, and not a viable piece of federal legislation.”

Gsell said if a bill that is acceptable to both the House and Senate does materialize it likely won’t happen until June.

In a related financial development, the committee forwarded a resolution authorizing County Treasurer Scott German to distribute mortgage tax money to the City of Batavia, towns and villages – an amount totaling $388,967.72 – as follows:

-- City of Batavia, $103,929.86;
-- Town of Alabama, $7,911.34;
-- Town of Alexander, $15,902.45;
-- Town of Batavia, $46,467.74;
-- Town of Bergen, $14,956.42;
-- Town of Bethany, $7,929.85;
-- Town of Byron, $18,118.73;
-- Town of Darien, $31,923.49;
-- Town of Elba, $9,388.03;
-- Town of Le Roy, $33,675.72;
-- Town of Oakfield, $13,118.74;
-- Town of Pavilion, $16,232.73;
-- Town of Pembroke, $31,468.05;
-- Town of Stafford, $18,986.41;
-- Village of Alexander, $1,649.66;
-- Village of Attica, $565.80;
-- Village of Bergen, $1,998.11;
-- Village of Elba, $1,154.38;
-- Village of Le Roy, $9,670.41;
-- Village of Oakfield, $2,021.87;
-- Village of Corfu, $1,897.

The total is more than $126,000 that was distributed as the first payment of 2019 and the most for the same time period in the last eight years.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received 4 new positive cases of COVID-19, for a total of 177 positive cases.
    • The positive cases reside in Batavia and Le Roy.
    • One individual is in their 30s, one individual is in their 40s, one individual is in their 50s, and one individual is in their 80s.
    • Two of the newly positive individuals were on 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 two new positive cases of COVID-19, for a total of 171 positive cases.
    • One positive case resides in Ridgeway and one positive case resides in Gaines.
    • One individual is in their 30s and one individual is in their 40s.
    • Neither of the newly positive individuals were on quarantine prior to becoming symptomatic.
    • Four of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Seventeen 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.

As Genesee County school districts gear up for 2020-21 budget voting and school board elections, The Batavian is providing the following capsule summaries to keep residents informed about key dates, propositions and candidates.

Per Gov. Andrew Cuomo’s order, all school districts in New York State will hold annual budget voting and board elections on June 9 through absentee balloting.

Absentee ballots will be mailed to eligible voters and must be returned to the district offices by 5 p.m. on June 9 or they will not be considered or counted – no exceptions.

It is essential to remember that additional state aid cuts could be coming and would affect districts’ budgets going forward.

Details about the schools’ budgets and candidates as well as contact information can be found on their respective websites.

ALEXANDER CENTRAL

Budget by the numbers -- The proposed budget is $18,540,258, an increase of $315,497 from the 2019-20 plan, with no increase in the tax levy. The budget (virtual) hearing is set for 7 p.m. on May 26 via Zoom using the log-in details posted on the district website, and will be available for viewing on the website’s BOE link starting on May 27.

School board election – One position is up for election for a term of five years commencing July 1, 2020 and expiring on June 30, 2025 to succeed Richard Guarino, whose term expires on June 30, 2020. Candidates are Christopher Mullen and Diane Steel.

Website – www.alexandercsd.org

BATAVIA CITY SCHOOLS

Budget by the numbers – The board approved a $51,470,725 spending plan with cuts in staffing and other items but no property tax increase. The public hearing on the budget is scheduled for 6:30 p.m. on June 2.

Additional propositions – Richmond Memorial Library trustee voting, with Kristi Evans the only candidate at this time for a five-year term starting on July 1, 2020. As two seats are open, the other will be filled via the write-in candidate process. Jackson Primary playground, a $618,000 capital project to construct an age-appropriate playground at Jackson Primary School.

School board election – Incumbents Barbara Bowman and Tanni Bromley along with recent appointee Alice Ann Benedict are running for three board seats. The candidates receiving the most votes will serve from July 1, 2020 through June 30, 2023, while the third-place candidate’s term will be June 9, 2020 through June 30, 2021.

Website – www.bataviacsd.org

BYRON-BERGEN CENTRAL

Budget by the numbers – The board adopted a proposed budget of $24,599,800, including a tax levy of $9,024,961 – an increase in the property tax rate of 1.99 percent. The public hearing on the budget is set for 5 p.m. on May 28, and will be recorded and placed on the district website.

Additional propositions – Bus purchase, proposal is for two 70-passenger school buses at a maximum cost of $246,000, with 90 percent covered by state aid. The tax income is estimated at $2 per year on a house assessed at $100,000, according to Superintendent Mickey Edwards.

School board election – Three people are running for two open trustee positions – incumbents Tammy Menzie and Amy Phillips and challenger Lynn Smith. The terms are for three years, beginning on July 1.

Website – www.bbschools.org

ELBA CENTRAL

Budget by the numbers – The board is meeting tonight via Zoom to consider the $10,269,322 spending plan that calls for a slight tax increase that equates to an increase of $39 for the entire year based on a house assessed at $150,000. The public hearing is set for 6:30 p.m. on May 27, also via Zoom.

Additional proposition – Re-establish a vehicle and transportation reserve and school bus purchase. Superintendent Ned Dale reporting that the district wishes use existing reserve funds to purchase a 65-passenger bus and a 24-passenger bus with a handicap lift.

School board election – Incumbent Michael Riner is the only slated candidate for his seat, which expires this year.

Website – www.elbacsd.org

LE ROY CENTRAL

Budget by the numbers – The board approved a $26,334,488 budget that includes a 1.99 percent property tax increase (which is below the district’s tax cap of 2.8 percent) and does not add new positions or programs. The budget hearing presentation will be posted on the district's website at www.leroycsd.org on June 2.

School board election – Incumbents Richard Lawrence and Jacalyn Whiting are running for the two three-year terms.

Website – www.leroycsd.org

OAKFIELD-ALABAMA CENTRAL

Budget by the numbers – The board approved a $21,123,746 budget, up 1.4 percent from last year, with a zero percent property tax increase. Superintendent John Fisgus reported that the budget preserves all educational programs and extracurricular activities, adding that tiered plans are in place if the state makes additional cuts in aid. The public hearing on the budget is set for 10 a.m. on June 1 and will be considered “adjourned” as it will be conducted remotely.

Additional propositions – Capital improvement project, $15.3 million, with no impact upon taxpayers. Major goals of the project include safety/security measures, code and handicap accessible updates, building repairs, infrastructure upgrades and landscaping. School bus purchase, $135,000, to be financed.

School board election – Five candidates are running for three open positions – Jackie Yunker Davis, Daniel N. Groth, Douglas Russo, Shanda Spink and Pete Zeliff. The candidate receiving the most votes will begin serving on June 10 with the term ending on June 30, 2023. The terms of the two candidates with the second and third most votes will be July 1, 2020 through June 30, 2023.

Website – www.oahornets.org

PAVILION CENTRAL

Budget by the numbers – The board adopted a $17,684,182 budget with no change in the tax levy and no major changes beyond contractual increases and expected costs related to the coronavirus. The public hearing is scheduled for 7 p.m. on May 26 via Zoom. Links will be provided in the district newsletter and on our web page once they are created. 

Additional propositions – Change of board of education term, with the proposal calling for making all seven seats five-year terms – an increase of two years from the current term.

School board election -- Incumbents Margaret Gaston and Callin Ayers-Tillotson are running for re-election.

Website – www.pavilioncsd.org

PEMBROKE CENTRAL

Budget by the numbers – The board adopted a $23,679,522 budget with a zero percent tax levy increase and no property tax increase. The budget hearing will be held remotely on May 26, and the adjourned budget hearing will be available to view on the district website BoardDocs link beginning on May 27. The district's Dragon Tales publication will be mailed next week with all the details.

Additional propositions – Purchase of buses, with no impact upon taxes.

School board election – Dan Lang is running for a one-year unexpired term and Heather Wood is running for a new five-year term. Additionally, an election to fill three seats on the Corfu Public Library is scheduled. Kristie Miller, Julie Hengenius and Tony Kutter are up for election for three-year terms.

Website – www.pembrokecsd.org

The Batavia City School District Board of Education tonight unanimously passed its 2020-21 budget, a $51.4 million spending plan that does not raise property taxes but comes with personnel reductions that were made to close what previously was a $1.6 million shortfall.

Voting took place at the board’s videoconference meeting on its YouTube channel and all seven members cast a “yes” vote.

The board also voted on the district’s yearly capital outlay project, choosing to fund the replacement of exterior doors and landscaping at the Batavia Middle School on Ross Street. The other options were a new restroom at the Jackson Primary School gym and a new stage floor and new clocks at the Batavia High School auditorium.

Board members cited safety of the students as the main factor in selecting the middle school project.

The capital outlay project will cost the district only $10,000, with the other $90,000 covered by an aid appropriation.

A public hearing on the budget is scheduled for the board’s next meeting at 6 :30 p.m. June 2, and voting will take place by paper ballot on June 9.

Business Administrator Scott Rozanski said that ballots will be mailed to all eligible voters by the end of this week, and must be returned (in a provided postage-paid envelope).

The public also will vote on a $618,000 capital project to construct an age-appropriate playground at Jackson Primary School, he said.

Concerning the budget, the board was forced to make numerous spending cuts over the past few weeks due to a significant decrease in state aid and having to meet a “negative” tax cap figure.

It slashed about 30 positions – some full-time, some part-time, and some long-term substitutes – and followed that up by scaling back three BOCES programs.

Other cost-cutting measures included delaying equipment and supply purchases, putting a moratorium on conference attendance and holding off on the hiring of a second School Resource Officer.

At tonight’s meeting, Superintendent Anibal Soler Jr. reported that only about a dozen individuals will be losing their jobs due to shifting positions around, retirements and vacancies that won’t be filled.

Rozanski said not much has changed since the board’s last meeting two weeks ago.

“If the state reduces state aid – and there has been no notification as of today -- then the district will need to decide on further reductions or using more reserves,” he said.

Pertinent financial information can be found on the BOE’s website at www.bataviacsd.org, and then scroll over the District Information tab before clicking on the Board of Education tab.

The district's Property Tax Report Card will be posted on the website homepage's "Spotlight" section sometime on Wednesday.

Rozanski also said that a vote of the Batavia Teachers’ Association on changing the school day schedule has yet to take place, but “will not impact this budget, although it might assist moving forward if there are more state aid reductions.”

Soler has proposed altering the schedules at the four schools, a move that would save $200,000 in transportation costs by having to use fewer buses.

BTA President Mark Warren told The Batavian that a vote of employees who work at each of the schools will take place sometime next week and definitely by June 1. It is believed that each school would have to vote in favor of the schedule change for the measure to pass.

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.

Board President Patrick Burk answered several questions he received via email from the public and invited people to submit questions to be addressed at the next meeting as well. To submit a question, send an email to:   bawitkop@bataviacsd.org and include your name, address and contact information.

In another development that hopefully will bring some joy to the seniors who have seen their school year cut short, Soler announced that the BHS Commencement is tentatively scheduled (contingent upon the COVID-19 situation) for 2 p.m. on Saturday, June 27 at Van Detta Stadium at Richmond Avenue and Union Street.

The superintendent also advised that the last day of remote learning will be June 17, thus fulfilling state and union contract requirements.

Press Release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 173 positive cases.
    • The positive case resides in Batavia.
    • The individual is in their 70s.
    • The newly positive individual was on quarantine prior to becoming symptomatic.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • One of the total active positive cases is hospitalized.
  • Orleans County received two new positive cases of COVID-19, for a total of 169 positive cases.
    • Both positive cases are residents of Orchard Rehabilitation and Nursing Center
    • One individual is in their 60s and one individual is in their 70s.
    • One of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Seventeen 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.           

 Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

Alejandro Andreseaga Arteaga, 22, of Harvester Avenue, Batavia, is charged with: criminal possession of a controlled substance in the third-degree -- methamphetamine, with intent to sell, a Class B felony; criminal possession of a weapon in the third degree, a Class D felony; driving while ability impaired by drugs -- with a previous conviction, a Class E felony; criminal possession of a controlled substance in the seventh-degree (marijuana), a Class A misdemeanor; using a vehicle without a required interlock device, a violation. On May 18, following a traffic stop on Lake Street in the Village of Le Roy during which a firearm and narcotics were allegedly found, Arteaga was arrested. It is also alleged that he had an open container of alcohol in the vehicle at the time. He was arraigned in Genesee County Court and released to Genesee Justice. He is due back in court at 2 p.m. on July 1. The case was investigated by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Le Roy Police Sgt. Greg Kellogg.

Tyshon L. Taylor, 23, of Walnut Street, Batavia, is charged with: aggravated family offense; third-degree criminal mischief; endangering the welfare of a child; and third-degree menacing. Taylor was arrested May 15 on the charges that stem from a domestic incident at 4 p.m. on May 14 on Walnut Street. It is alleged that Taylor cracked the windshield of his girlfriend's vehicle during an argument while her child was in the vehicle. While being taken into custody, he reportedly stated that he had been quarantined and "began intentionally coughing at officers." He was processed at Batavia Police Headquarters, arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice. He was held at Genesee County Jail on a Parole Detainer Warrant. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger, Officer Peter Post and Officer Alec Roberts.

Jason A. McFollins, 42, of North Spruce Street, of Batavia, is charged with criminal mischief and second-degree harassment. McFollins was arrested at 5 a.m. on May 17 on Ellsworth Avenue, Batavia, following a domestic incident. It is alleged that he damaged property and struck another person during the incident. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kaitlyn M. Rector, 22, of Liberty Street, Batavia, is charged with second-degree harassment. Rector was arrested following an investigation into a domestic incident that occurred at 10:41 p.m. on May 16 on Liberty Street. It is alleged that she struck another person during the incident. She was arraigned in Batavia City Court and is due to return there on July 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Cronmiller.

Kelli E. Wallace, 57, of Swan Street, Batavia, is charged with endangering the welfare of a child. The defendant was arrested following the investigation into a physical altercation between two people under age 17 that occurred at 1:06 p.m. on May 8 on South Jackson Street in the City of Batavia. It is alleged that Wallace was present at the altercation and encouraged the physical altercation to occur. She was issued an appearance ticket and is due in Batavia City Court on June 23. The case was handled by Batavia Police Sgt. Dan Coffey.

Stephen Vance Recco, 29, of Vine Street, Batavia, is charged with fourth-degree criminal mischief -- intentionally damaging property. It is alleged that Recco intentionally smashed a laptop belonging to his roommate after a dispute at 10:45 a.m. on March 28 on Vine Street. He was processed at Batavia Police Headquarters, then issued an appearance ticket returnable to Batavia City Court on June 9. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Nicole McGinnis.

Matthew Jacob Reid, 26, of Buck Road, Warsaw, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance in the seventh degree, and moving from lane unsafely. Reid was arrested at 11:30 p.m. on May 16 on Telephone Road in Pavilion after a single motor-vehicle accident. It is alleged that he possessed a controlled substance at the time. Reid is due in Pavilion Town Court on June 9 to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

William George Silpoch, 46, of Ridge Road, Holley, is charged with driving while intoxicated and resisting arrest. He was arrested at 7 p.m. on May 14 on Sautell Road in Bergen after he allegedly drove a motor vehicle and then passed out in the vehicle in the driveway of a residence. He allegedly resisted arrest while being taken into custody by Sheriff's deputies. Silpoch was issued an appearance ticket returnable to Town of Bergen Court on July 8. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assistef by Deputy Erik Andre.

Tina M. Caracci, 49, of Hilltop Road, Rochester, is charged with driving while intoxicated and aggravated DWI -- with a BAC of .18 or higher. Caracci was arrested at Richmond Memorial Library, 220 Richmond Ave., Batavia, after a complaint. She was processed at Batavia Police Headquarters and released. She is due in Batavia City Court on June 3. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Kahel S.D. Suttles, 23, of Dodge Street, Buffalo, is charged with criminal possession of stolen property in the fifth degree and possession of burglar's tools. Suttles was arrested for allegedly taking items during a larceny at a store on Veterans Memorial Drive in Batavia at 5 p.m. on Feb. 23. The defendant was arrested at mile marker 397.6 on the Thruway and is scheduled to be arraigned in Town of Pembroke Court on June 23. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore and Deputy Kyle Krzemien.

Matthew C. Olcott, 41, Clinton Street Road, Batavia, was arrested on three bench warrants out of Batavia City Court following a traffic stop (location not disclosed) by the New York State Police and Genesee County Sheriff's deputies on May 13. He was arraigned in Alabama Town Court at 12:15 a.m. May 14 and released on his own recognizance. He is due to return to Batavia City Court on June 23. The case was handled by Batavia Police Officer Sean Wilson.

Genesee County legislators, governmental leaders and law enforcement personnel are caught between a rock and a hard place when it comes to sinking money into the existing County Jail on West Main Street while a $60 million new jail project remains on hold.

Members of the Public Service Committee, maintenance department heads and jail officials engaged in a 30-minute Zoom videoconferencing discussion on Monday, with everyone, at debate’s end, agreeing to spend only what is necessary to keep the current jail functioning at acceptable levels.

 “If the new jail is deferred for any length of time, relative to revenue problems, we have an existing facility that we basically have been duct-taping and bailing twine together for the last couple years with the expectation that we’d have a new facility in its place,” said Tim Hens, county highway superintendent who also oversees capital projects.

Hens said that $3.5 million worth of projects at the 40-year-old jail are “in the can” for the next five years if the county is forced to slam the brakes on the 184-bed, four-pod state-mandated new jail that was moving at full speed ahead in February – just a month before the COVID-19 pandemic reared its ugly head.

He said that replacement and/or repair of the heating/cooling system, fire protection/sprinkler system and plumbing top the list of items that need to be addressed, estimating the “high priority stuff” at $1.5 million.

“And that’s just looking at the jail, the rear portion of the building. This doesn’t consider the Genesee Justice and the front end of the building, which has its own issues and problems,” he said. “There is easily three quarters of a million dollars that you can put on the front end of the building just from a cosmetic stonework standpoint.”

Operationally, things could become much more expensive should the New York State Commission of Correction (COC) require Genesee County to start housing females at the jail, said Hens, noting that he has had talks with Sheriff William Sheron about that possibility.

“The operational change to do that would be very, very costly. I don’t even know how you begin to peel that off. You’d probably have to do another study. You’d have to parcel out a floor for females versus males, there would be significant capital change to adjust how the jail operates,” he said.

At this time, the jail population consists of 32 men and one woman (who is being held at a neighboring county jail).

Sheron said that extensive renovations would have to be made to the interior of the jail and that programming and compliance changes would need to be implemented to accommodate the female population.

“What that would entail at this point?” he asked. “I estimate millions of dollars to do that.”

Legislator Andrew Young inquired if any word had come down from the COC or anywhere else about directing the county to house female prisoners.

Jail Superintendent William Zipfel answered that one of the reasons for a new jail is so the county could “bring female inmates back into our own jurisdiction.”

“They’ve already taken our variance away for males and weekenders and it’s only a matter of time, I feel, before that will go away for females, and they’ll say, ‘Well, population is down and you’ll have to house them there,’ ” Zipfel said. “I have every reason to believe it will happen if things continue the way they are. I don’t have any reason to believe it won’t.”

Dialogue on putting money into the old jail continued with legislators Gary Maha and Marianne Clattenburg and Zipfel agreeing to not put good money after bad, except for maintenance that needs to be done for safety reasons and to avoid a temporary shutdown of the current jail.

Clattenburg suggested calling a special meeting of all the legislators.

“If we’re going to put money into a jail that we’re not going to use much longer, I think that Legislator Stein might want to make that a Committee of the Whole discussion,” she said.

Hens recommended continuing the design of the new jail to have it ready to receive some favorable bids when legislators get more clarity on their revenue stream.

“You’re going to have some hungry contractors out there chomping at the bit since the private construction has basically been locked down for quite a while now and probably will be for the foreseeable future,” he reasoned.

Assistant County Manager Matt Landers, who is spearheading the new jail plan, said the design of the project is complete.

“We’re there for a four-pod, 184-bed jail; we’re there with the design and ready to go,” he said. “Now it’s just a matter of when the dust settles to see that’s going to be what we’re moving forward with. And we’ll continue to have discussions with our regional partners.”

Landers added that county officials have built a solid relationship with the state and that COC officials would understand that “we’re at a reasonable place” with the design and haven’t abandoned the project.

Legislature Chair Rochelle Stein said this is an instance where the county can act upon Gov. Andrew Cuomo’s plea to “reimagine government -- and especially in regard to this incredible cost of the jail project.”

“If we can’t move forward with talking about and demonstrating an opportunity for us to do a shared services model with the jail, we’re missing the boat as far as I am concerned,” she said. “We also need to fully understand what the new impact of social just reforms that went through this last budget that none of us have really talked about because we’ve all been talking about COVID and that’s where our focus has been.”

Deputy Highway Superintendent Paul Osborn then wrapped things up with a punch list of maintenance items at the current jail that could pop up in the coming months – two boilers in the basement (estimated at $20,000 per boiler to replace), an old generator (with renting one an option should it stop working), kitchen hood system ($4,500) and replacement of copper pipe in the sewer system.

A male in his 20s, driving a four-door sedan, died in Bergen this evening after his westbound car crossed into the oncoming lane then traveled off the south shoulder before striking some small trees, hitting an embankment and flipping over into a utility pole.

A crash scene investigator said there was no sign of skid marks on the roadway. The cause of the accident remains under investigation.

Two other people were injured in the accident. Both were transported to Strong Memorial Hospital, one by Mercy Flight.

The accident scene was on Townline Road, less than a mile from the location of another fatal accident a few hours earlier. In that accident, a female in her late 20s who was jogging on Townline Road, was struck by a westbound car that crossed the center line and the fog line striking the runner.

No names have yet been released in either accident.

Volunteers with Bergen Fire Department responded to both fatal accident scenes.

UPDATE: The driver of the vehicle has been identified as Elijah R. Coombs, 25, of Oakfield. He was pronounced dead at the scene. Jamie R. Bachorski, 26, of Oakfield, was flown to Strong Memorial Hospital by Mercy Flight with serious injuries. Samantha J. Wade, 21, of Byron, was transported to Strong by Mercy EMS with minor injuries. Coombs was driving a 2005 Chervolet Impala. The accident remains under investigation. Assisting at the scene where Bergen fire, Byron fire, Mercy EMS, and State Police.

(Initial Report)

The powers-that-be in Albany have made it clear to municipalities that they are in charge when it comes to reopening the state’s 10 regions.

-- Four phases, with each listing the types of businesses than can reopen – subject to rigid requirements.

-- Progression through the phases dictated by seven metrics tied to the coronavirus.

-- A fully regional approach, with communities prohibited from doing their own thing.

But when it comes to the enforcement of possible violations of quarantine orders, social distancing mandates or the wearing of face coverings, Genesee County leaders say they are being left in the dark.

Speaking during today’s Public Service Committee videoconferencing meeting, Legislator Andrew Young asked pointed questions about how to handle potentially confrontational situations as people lose patience with an economic shutdown that is into its ninth week.

“Let’s say it got down to the police force,” Young said. “Exclude code enforcement and zoning for a minute. Let’s assume that it’s someone’s home or something. That would have to be a police officer. What’s the threat like? What’s the crime? Is it an executive order and what’s the consequence? That’s a really gray area.”

County Manager Jay Gsell quickly responded, “Absolutely.”

Gsell, providing an update on the Finger Lakes Region “control room," reported that law enforcement and the county Health Department have dealt with issues, such as gatherings, that “might impose potential risk in regard to positive contact tracing and what the state will then look at in regard to the (metrics) dashboard that they have set up.”

He also mentioned that although the county has little input in the reopening process, it bears the burden of enforcement against acts of defiance.

“Whether it be the health department, zoning, code enforcement, basically, the bottom line, is really more and more likely to come to some part of law enforcement,” Gsell said, adding that Monroe County officials said that the State Police should be involved.

“… they would like the state patrol to be really part of this – really the bolstering of and the backup even to our own law enforcement -- if the kind and considerate request for people to stop doing something that seems to be violating or is violating the guidances, that state patrol would be there to help,” he said. “We don’t understand that that’s necessarily going to happen, but that’s what we’re dealing with on a day-to-day basis with the way this entire process is rolling out, starting with Phase One.”

Gsell said the extent to which Gov. Andrew Cuomo’s executive orders come with a “certain degree of legal enforceability” is superseded by the county’s right to know what it can and can’t do in touchy situations.

Young said the county needs to look to the Sheriff’s Office for answers.

“It’s really about our sheriff (William Sheron Jr.),” Young said, calling for a discussion with the full legislature on this issue. “Does he feel he’s comfortable with this? Is he willing to do this? Does he want to? Do we want him to is another question, right?”

Gsell explained that the state response to handling civil or criminal disobedience has been sketchy.

“The state is advising us to not engage in, I guess we’ll call it the ‘heaviest hand’ but recognize, and haven’t really dealt with the idea, that there’s going to be some people,” he said. “And we’ve already run into them in a couple cases, when they are approached and asked by either health department or even law enforcement people, and the response is not what I would call positive or compliant, and then the question is, ‘Now what are we going to do?’ and to what extent is this going to become … a potential incident.”

County Attorney Kevin Earl brought up a real incident – a recent news report that police officers in New York City wrestled a woman to the ground in front of her kids when she didn’t have her mask on properly. New York City Mayor Bill de Blasio’s response was that he wasn’t prepared to press charges over masks at this point.

“The (NYS) Sheriffs' Association attorneys wrote a very long memo, saying basically kind of the same thing,” Earl said. “Possibly, if they didn’t disperse or something of that nature, could be disorderly conduct or failing to obey a lawful order of the sheriffs, but even the Sheriffs' Association, when they talked about this last week, is not really gung-ho on that course of action.”

Earl also said that lawyers noted that the governor has pointed to a section of the public health law that could be used, but “again, not many people are keen on that.”

He said bail reform means that people receive a ticket and don’t have to disperse.

While that could lead to escalation, Earl said that a violation of quarantine orders carries more weight.

“Basically, between (District Attorney) Larry (Friedman) and the sheriff and I, we came to the opinion that the best way to do it was to get an order from Judge (Charles) Zambito, with the order saying if they did not do this, they could be arrested and taken to that facility in Monroe County that opened up for that purpose and we, of course, got an inter-municipal agreement," he said. "So, Larry was pretty much on the side of civil action in that regard."

Earl encouraged all parties involved to seek “voluntary compliance,” adding “I don’t think we want an incident of where our sheriff’s (deputy) is taking down a lady because she didn’t have her mask or face covering.” He finished by saying he would try to provide more direction for the legislature.

Committee Chair Marianne Clattenburg proposed further debate while expressing confidence that the public “will make an effort to do the right thing and to remember that these precautions are not about taking away your civil liberties but they’re about the health and safety of the most vulnerable among us.”

Gsell said the emphasis must be on positive messaging.

Alluding to the “control room” meeting, he said, “that the community has to keep rallying around the idea (that) we have to get past this together and not as a bunch of individuals or as (Health Director) Paul (Pettit) would call them, the ‘COVID-iots’ running around deciding that today is May 18^th and all bets are off.”

Four people are reportedly injured and two of them are unresponsive after a car vs. pole accident in Bergen.

The location is Buffalo Street Extension and Townline Road. Route 19 is to be shut down. Mercy Flight #5 out of Batavia is called to land at Swamp and Jerico roads.

Bergen Fire Police are requested to shut down Buffalo Street at Route 262 and Jerico Road at Route 262.

The Genesee County Crash Management Team is notified.

UPDATE 7:28 p.m.: National Grid is notified that pole #7834 is damaged. A second victim has been extricated from the wreckage. Mercy Flight will land directly at the scene, east of Swamp and Jerico roads, on a farm field on the north side of Route 262.

UPDATE 7:31 p.m.: Mercy Flight has landed.

UPDATE 7:41: National Grid reps are on scene.

UPDATE 8:53 p.m.: According to Genesee County Sheriff's Sgt. Andrew Hale, there were three occupants in one vehicle, not four. The vehicle was westbound on Townline Road when for unknown reasons it crossed a double yellow line and slammed into a utility pole on the opposite side of the roadway. The male driver was pronounced dead at the scene; a male passenger was airlifted to Strong Memorial Hospital in Rochester via Mercy Flight; and a female passenger was transported to Strong by Mercy EMS. The condition of both patients is unknown at this time. The accident remains under investigation.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received two new positive case of COVID-19, for a total of 172 positive cases.
    • One of the positive cases resides in Batavia and one of the positive cases resides in Bergen.
    • One of the individuals is in their 20s and one individual is in their 50s.
    • Two of the newly positive individuals were not on quarantine prior to becoming symptomatic.
    • Five of the previous positive cases have recovered and have been released from mandatory isolation.
    • One of the total active positive cases is hospitalized.
  • Orleans County received one new positive case of COVID-19, for a total of 167 positive cases.
    • The positive case resides in Carlton.
    • The individual is in their 70s.
    • The newly positive community case was not on quarantine prior to becoming symptomatic.
    • Two of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Fifteen 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 received word an individual residing in The Villages of Orleans Health and Rehabilitation Center has died. Our sincerest condolences go out to the family and friends of this individual during this very sad time.   

             Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

As of 2 p.m. today, there were no new COVID-19-positive cases reported in Genesee County.

The health department released no further information.

Press release:

The Genesee and Orleans County Health Departments have received 14 more COVID-19 cases. Orleans has 12 new cases (bringing the total to 166) and Genesee has two (bringing the total to 171). 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Nine of the Orleans County individuals are residents of The Villages of Orleans Health and Rehabilitation Center and three are community members. Genesee County’s two individuals who tested positive are community members.

The health department was made aware that the New York State Department of Health (NYSDOH) did swab all residents and employees of The Villages of Orleans Health and Rehabilitation Center. Any questions regarding specific issues should be addressed to The Villages or NYSDOH.

We have also received word of the death of an individual who had tested positive for COVID-19 and was a resident of The Villages of Orleans Health and Rehabilitation Center (now for a total of 21 nursing home deaths related to COVID-19). Our sincere condolences to the family and friends of this individual during this very sad and difficult time.

Horse racing in New York State could resume as early as June 1, Gov. Andrew Cuomo announced today at his COVID-19 pandemic press conference.

The governor said that racing would take place without spectators and with safety measures that will be outlined in detail in the days ahead, and the restart would hinge upon the continuous decline of New York’s total hospitalization rate from the virus. 

While live racing isn’t scheduled to officially begin at Batavia Downs Gaming until July 22, Henry Wojtaszek, president of Western Regional Off-Track Betting Corp., said today’s announcement is welcome news.

“We’re certainly happy to hear that, and we have been doing a great deal of work preparing for our opening (of the gaming facility) sometime in June,” he said. “We have been working with the (New York State) Gaming Commission internally and will start working on the track in about a week or so to get that ready.”

Batavia Downs’ harness racing slate currently lists 65 dates, beginning on Wed., July 22 and ending in early December.

When asked if Batavia Downs Gaming has a reopening plan in place, Wojtaszek said that “it’s a work in progress” that is being shared at every step with the Gaming Commission.

Live Racing GM/Director Todd Haight, Vice President of Operations Scott Kiedrowski, and Wojtaszek are steering the drafting of the facility’s reopening plan in conjunction with the Western New York Harness Horsemen’s Association, “with whom we have a very good relationship,” Wojtaszek said.

“We’re also working with our trade association, the New York Gaming Association, and individually to cleanse and sanitize, and put the safety protocols in place,” he said, noting that some parts of the operation are included in Phase Three and some in Phase Four of the state’s four-phase reopening strategy.

“That’s why we’re hoping to open sometime in June,” he said.

Wojtaszek said that all employees are back to work, some on a regular basis – such as security, surveillance and maintenance staff – and others either working at the Park Road site, from home or on call.

Also, today, Cuomo said that Watkins Glen International race track would be able to reopen for NASCAR races in August, and baseball was mentioned as a sport that could conduct its season without fans in the stands.

The governor reported that daily hospitalizations and intubations have dropped to around 400 new cases per day.