notify

The Genesee Country Farmers Market Inc. suddenly has become quite a lightning rod for discussion at Batavia City Council meetings.

City Council tonight gave its go-ahead for the market to conduct business again this year at the east side of the parking lot on Alva Place and Bank Street, but not before a 25-minute debate that focused on the practice of allowing food truck vendors to conduct business on the market grounds and at other downtown locations.

Council members, at their April 27^th meeting, tabled the nonprofit’s application to operate on Tuesdays, Thursdays and Fridays from June 5 through Oct. 30, citing the need for clarification of the organization’s address and financial arrangement.

The next day, Beth Kemp, executive director of the Batavia Downtown Business Improvement District, which supports the GCFM, provided an email from Sharon Brent, the market’s treasurer, which appeared to answer Council’s questions.

Fast forwarding to tonight, several Council members brought up other issues concerning the market, with the subject of food trucks dominating the talking points.

“I don’t know if any of you have received any comments from local restaurateurs but I have in the past in regard to the food vendors that are allowed to come into the farm market and sell food there as far as prepared food like the food truck, things of that nature,” John Canale said. “Some of our restaurants that are in the BID district are concerned that these people are coming in and they’re able to sell food at lunch time, which is actually taking away lunch business from a lot of our downtown restaurateurs.”

Canale said restaurant owners, especially during the COVID-19 crisis, are “fighting for business” and food trucks will just make it that much more difficult for them. He went on to say that the farmers’ market is “a wonderful thing” but still called for eliminating food vending trucks at the market.

Robert Bialkowski then asked a series of questions about the farmers’ market operation – How much of the parking lot can they use, what does the $50 membership fee cover, who is the president and vice president, and how much is spent on advertising?

He also suggested that Council should treat event applications in the same way they do resolutions.

“I really feel that we should handle it like any other business item,” he said. “If we all agree to move it from conference to business, then at the business meeting we would vote on it. That’s just my personal opinion."

City Attorney George Van Nest said he was of the opinion that Council might be imposing stricter requirements upon the farmers’ market compared to other requests.

“Traditionally, it’s been a situation where the City has looked at a limited set of information,” he said. “I just have a slight concern that we’re going fairly far afield here for a particular event application and treating this one a little differently than we would other event applications.”

The conversation returned to food trucks with Council President Eugene Jankowski mentioning that he received an email from Kemp on March 11^th asking about the possibility of restricting food trucks from downtown on specific days of the week -- with the exception of the farmers’ market. He shared news that Buffalo and Rochester have recently passed a measure designed to limit food trucks parking near restaurants.

After Rose Mary Christian noted that food trucks have to pay sales tax, Jankowski suggested putting the issue back into the BID’s hands.

“That to me would be more of an internal BID issue than it is for Council to get involved,” he said. “These (applications) are a way to give us a heads-up so that we can provide a service to all the people who are going to be there as well as the community to make sure that we’re not conflicting … that we’re not blocking their progress.”

Canale agreed that the matter should be handled through the BID.

“I think it’s a matter of the BID realizing that a lot of these downtown restaurants are challenged by having more food vendors come downtown and be able to sell food downtown at the lunch hour that aren’t having to pay the BID assessment (as well as property taxes),” he said.

Patti Pacino, who along with City Manager Martin Moore serves on the BID board, said “if these owners are concerned, I’d rather they take it to the BID board than try to take it to City Council, because we’re only going to turn around and take it back to the BID board.”

Jankowski then suggested that Moore contact Kemp to define the areas of concern and discuss it again at a future Council meeting.

“Maybe (we need to) modify the City Code for the food vendor truck to not be right in the middle of the BID area where they’re paying taxes or the assessment, and on top of that, they’re parking right in front of a restaurant,” he said.

That prompted a sharp response from Christian.

“Actually, it’s called competition. Center Street Smoke House has a food truck and he’s all over. He not only pays sales tax but he pays property tax …,” she said. “I think you’re opening up Pandora’s Box if you decide to do this. Like I said, it is competition and I know about the food truck because I had the first one in Batavia.”

She added that the City could face a lawsuit “if you’re going to continue on with this nonsense.”

“Nobody makes anyone go to those trucks; nobody makes anyone go to a restaurant. It’s a choice – freedom of choice,” she said, prompting Al McGinnis to respond in agreement.

"We should stay out of it," he said. "I think Rose Mary is right.”

In the end, Council approved the application but instructed Moore and Pacino to address Kemp’s email as a courtesy to the BID, an entity with close ties to the City.

Daily Briefing:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 164 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
    • We have removed a "positive / recovered" individual that was determined to be a false-positive result. Therefore, the total positive case number will be one less and has been adjusted in our data. No further information will be shared.
  • Orleans County received two new positive cases of COVID-19, for a total of 134 positive cases.
    • The community positive case resides in Ridgeway.
    • There is one additional positive case who is a resident of The Villages of Orleans Health and Rehabilitation Center.
    • Of the new positive cases one individual is in their 50s and one individual is in their 90s.
    • Ten of the total active positive cases are hospitalized 

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

City of Batavia officials are recommending a familiar face, so to speak, to handle the engineering and design work for the federally funded pavement rehabilitation of Richmond and Harvester avenues.

Public Works Director Matt Worth reported at tonight’s City Council Business Meeting via Zoom videoconferencing that T.Y. Lin International Group of Rochester has been selected from a pre-approved state Department of Transportation list of engineering firms, with the expectation that preliminary and advanced designs will be completed by early next year.

Worth said the contract has yet to be reviewed by the DOT or the city attorney, but noted that it should be ready for Council to move forward at its next meeting on May 26.

“T.Y. Lin presented a well thought out approach to the project with a very good project team,” said Worth, who headed a selection committee that included City Manager Martin Moore, Maintenance Superintendent Ray Tourt and Water Superintendent Bill Davis. “Their last large project with us was the Walnut Street Reconstruction Project and they also were used for the Ellicott Street streetscape project and all of the Batavia Downtown Business Improvement District streetscape projects.”

Batavian Robert Radley, PE, is the company’s senior vice president and U.S. East Region director.

“We were very pleased when we heard the good news that TYLI had been selected," Radley said. "It has always been our great pleasure to work with the City of Batavia DPW team, and we look forward to rehabilitating Richmond and Harvester Avenue(s)."

The scope of the project is the renovation of Richmond Avenue from State Street to Oak Street and for the entire length of Harvester Avenue (from East Main Street to Ellicott Street). Following the design phase, the schedule lists solicitation of construction bids in the winter of 2020 and into 2022 and overhaul of the roads in the summer of 2022.

While the total cost is anticipated to be $2,040,900, the City will be responsible for only 5 percent – around $102,000 – after applying the CHIPS (Consolidated Local Street and Highway Improvement Program) and Marchiselli funding streams, Worth wrote in a memo to City Council.

Worth said he is confident in T.Y. Lin’s ability to successfully complete the necessary design work, based on previous experience, qualifications and project understanding. He said that terms of the contract come into play following the selection process.

Council did vote on one resolution related to the renovation -- unanimously approving an agreement with the state DOT to appropriate $358,000 up front to cover 100 percent of the federal and non-federal share of preliminary engineering, design and right-of-way incidentals.

“The fees and contract are negotiated once the firm is selected based on the scope of work and estimated hours,” Worth said. “It is not just the budget amount of $358,000 but the final number will likely be close. Billings are done on actual hours charged.”

Dennis Kennelly, T.Y. Lin’s project manager, said his street design team of about eight professionals is finalizing its strategy, with initial tasks to include contracting with a surveyor and analyzing the core of the pavement.

“Our work will focus on getting the pavement in shape, checking out the sidewalks and bringing ramps at intersections up to standards and codes, per ADA (Americans with Disabilities Act), providing for bike lanes and any other condition that is substandard,” said Kennelly, who also played a lead role in the previous City of Batavia projects.

The plan calls for a 3-inch milling and overlay treatment with fibers, along with milling and resurfacing with a hot mix asphalt course. Additional work includes miscellaneous spot pavement repairs, curb repairs, ADA compliant curb ramps, and shared bicycle lane pavement markings.

Kennelly said that once the design work is done, his firm will set up an informational meeting for the public.

On another front, Council members discussed the possibility of returning to City Hall for the May 26th meeting, but decided to stay with the Zoom videoconference setup for at least one more time. They are hoping to return to face-to-face conferences on June 8th, utilizing "social distancing" protocol.

Nelson E. Figueroa Jr. (inset photo, left), 31, of Maple Street, Batavia, is charged with: criminal sex act in the first degree -- actor age 18 years old or older / victim under age 13; first-degree sexual abuse -- victim less than 13 years old / actor 21 years old or older; predatory sexual assault against a child -- specified sexual offense against a child under age 13. At 4:31 p.m. May 1, Batavia police were called to Maple Street in the city for an unknown problem and Figueroa was subsequently arrested. He was arraigned in Batavia City Court and jailed without bail. Figueroa is due back in city court at 11 a.m. on June 4. The case was investigated by Batavia Police Officer Samuel Freeman, assisted by Officer Matthew Wojtaszczyk.

Jeffery M. Johnson (inset photo, right), 32, of North Spruce Street, Batavia, is charged with: second-degree strangulation -- obstruction of breathing / causing physical injury; second-degree menacing; second-degree assault during a felony; criminal possession of a weapon in the third degree, with a previous conviction; and endangering the welfare of a child. Johnson was arrested after a domestic incident that occurred at 8:37 a.m. on April 29 at an apartment on North Spruce Street. He was arraigned in jail via Skype with Batavia City Court, then jailed on $10,000 cash bail, $20,000 secured bond, or $30,000 unsecured bond. Johnson is due back in city court at 11 a.m. on June 4. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Marshawn J. Singletary, 38, of Liberty Street, Batavia, is charged with second-degree reckless endangerment. He was arrested following the investigation into an incident that occurred in March. It is alleged that at 11 p.m. on March 24, Singletary dragged a female with his car while backing out of her driveway on Osterhout Avenue. He was arraigned in jail via virtual conferencing with Batavia City Court, then released on his own recognizance. He is due in city court on June 10 to answer the charge. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Miah Stevens.

Rajea Shaiek Thomas Sr., 31, of Averill Avenue, Rochester, is charged with: criminal contempt in the first degree, criminal obstruction of breathing, and fourth-degree criminal mischief. At 2:19 a.m. on April 30, police responded to an apartment on Thomas Avenue in Batavia for a domestic incident. Thomas was arrested and issued an appearance ticket to be in Batavia City Court on June 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jordan McGinnis.

Amanda S. Dombrowski, of Versailles Road, North Evans, is charged with third-degree manacing and endangering the welfare of a child. She was arrested following the investigation into a domestic incident that occurred at 7:09 p.m. on Kibbe Avenue in Batavia. She was arraigned in Batavia City Court and released on her own recognizance. She is due in city court June 18. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Adam Tucker.

James J. Sears, 51, of Trumbull Parkway, Batavia, is charged with: driving while intoxicated -- with a previous conviction; refusal to submit to a breath test; failure to keep right; and moving from lane unsafely. He was arrested after a property damage accident that occurred at 10:07 p.m. on Prospect Avenue in Batavia. He allegedly struck a parked car. He was arraigned in Batavia City Court and is due back there June 3. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Peter Flanagan.

Amanda S. McDonald, 37, of Ellsworth Avenue, Batavia, is charged with making unnecessary noise. She was arrested at 12:33 a.m. on April 26 after a complaint of an alleged city code violation of the noise ordinance. McDonald was released on an appearance ticket and is due in Batavia City Court on June 16. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Niasia Shakema Jiggetts, 28, of Thomas Avenue, Batavia, is charged with two counts of criminal contempt. At 2:45 a.m. on April 30, Jiggetts was arrested following an incident that occurred at a residence on Thomas Avenue. She was issued an appearance ticket and is due in Batavia City Court on June 16. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Arick Perkins.

Press release:

The Genesee and Orleans County Health Departments have received four more COVID-19 cases. Orleans has three new cases (bringing the total to 132) and Genesee has one (bringing the total to 164). 

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 residents of The Villages of Orleans Health and Rehabilitation Center and one is a community member. Genesee County’s individual who tested positive is a community member.

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. Our deepest condolences to the family and friends of this individual during this very sad 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 Monday afternoon.

We continue to encourage all residents to be vigilant about handwashing, cleaning frequently used surfaces, properly wearing cloth face coverings over the mouth and nose, keeping your hands away from your face, limiting time out in public and when you do need to go out for essentials you designate one person from your household, keep social distancing and stay home if you are sick.

Press release:

The Genesee and Orleans County Health Departments have received six more COVID-19 cases. Orleans has five new cases and Genesee has one. 

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 residents of The Villages of Orleans Health and Rehabilitation Center and three are community members. Genesee County’s individual who tested positive is a community member.

There is currently no further information to release on ages and location. Mapping to include the positive cases from the weekend will be updated on Monday afternoon.

As you celebrate Mother’s Day, please honor your Moms and Grandmothers by celebrating virtually or by phone so as not to potentially spread germs. 

We continue to encourage all residents to be vigilant about handwashing, cleaning frequently used surfaces, properly wearing cloth face coverings over the mouth and nose, keeping your hands away from your face, limiting time out in public and when you do need to go out for essentials you designate one person from your household, keep social distancing and stay home if you are sick.

Whether it’s to provide services or a lend a sympathetic ear, representatives of the Independent Living of the Genesee Region continue to meet the needs of disabled residents of Genesee, Wyoming and Orleans counties.

“The mission of Independent Living is to assist anyone with a disability – there’s no age requirement and all of our services are free of charge,” Executive Director Rae Frank said on Friday, during the latest “Genesee Connects” informational video. “The disability can be physical, cognitive or related to mental health, and it’s something that substantially limits one or more life activities.”

Frank said she understands that many people are experiencing panic and anxiety due to the COVID-19 pandemic and that ILGR employees are ready to assist “whether their disability is temporary or permanent.”

Classified as an essential business, ILGR’s staff consists of 18 people, some in the office and others working from their homes, Frank said, adding that agency staff is unable to meet with clients face-to-face during the health crisis.

Kristen Lazarony, Medicaid facilitated enroller, is one of two specialists working from home to assist elderly, blind or disabled citizens with applications and submission of required documents.

“We can do their entire applications (including marketplace applications) over the phone … and certified application counselors in the building can submit them directly for you,” she said.

Lazarony added that ILGR staff is able to transport food and pharmacy orders, and loan closet equipment and can take individuals to the store.

“We also have a Consumer Directed personal aide program,” she said. “They’re able to provide masks for all of our aides, regular prescreenings and assistance with the enrollment process. They can verify your insurance, and they’re still able to do all of that over the phone.”

She also said the agency offers employment services, adult behavior health, peer support, coping skills, resources on staying safe and healthy, and can assist with resume building, job search and online applications.

The ILGR plays a strong role in finding places to live for disabled individuals, said Dominique (Dom) Johnson, Rapid Rehousing program specialist.

“We have regular independent living specialists who can help you find housing and complete applications (by) contacting you over the phone and walking you through the applications,” Johnson said.

“They may be filling it completely for you if that’s what you need, or if you’re able to fill it out, they can mail you the application and talk with you while you fill it out for any questions that you may have.”

Johnson said the Rapid Rehousing program is for eligible people who are currently homeless or previously have been homeless, and it starts with a phone call and screening.

“This is because you have been sleeping in a car or a community organization such as Community Action, Catholic Charities or Social Services is paying for you to be at a hotel or motel, or you are at a shelter – even though we don’t have shelters in our county,” he said.

“But if you are a county resident and you’re in the shelter and your residence is in one of the counties we serve, I can complete that screening to see if you are eligible for the Rapid Rehousing program."

He said that the program pays for security deposit and rental assistance for the apartment within the three counties, with the monetary allotment based on the applicant’s family size.

All three ILGR staff members emphasized that agency employees make themselves available for those who just want to hear some words of assurance during these troubling times.

“Yesterday, I spoke with a consumer that wasn’t actually in our county and after I got down to figuring out what he needed, I found out he just needed someone to talk to and vent to about everything that is going on,” Johnson said.

“I was the first person that he was actually able to get a hold of. (We’re) just letting the public know, maybe they don’t actually need a service, maybe they just need somebody to listen to them and that’s what we’re here for.”

The ILGR is open from 8:30 a.m. to 5 p.m. Monday through Friday. The phone number is (585) 815-8501. Johnson’s cell phone number is (716) 235-0934. More information can be found on the agency’s Facebook page.

To view the “Genesee Connects” video session hosted by Assistant County Manager Matt Landers, go to https://www.youtube.com/watch?v=uC1z-CGNy0w

The head of the state’s Department of Labor shook off a question about her job performance today as she updated the agency’s efforts to get benefit checks into the hands of around 470,000 New Yorkers with pending claims.

Responding to a reporter who brought up that state Sen. Patty Richie has called for her to step down, Commissioner Roberta Reardon (inset photo below) said she doesn’t have time to worry about her critics in the midst of COVID-19, a pandemic that has thus far triggered more than 1.5 million claims and nearly $7 billion in payments in the Empire State.

“I haven’t seen those news reports,” Reardon said toward the end of a 20-minute conference call with the media. “I’m squarely focused on my job, which is getting benefits to unemployed New Yorkers and I know that the rest of the team at the DOL feels the same way.”

Reardon said the DOL is “moving faster and more aggressively in New York than any other major state, and as of today, we have paid over $6.8 billion to New Yorkers in just two months, and that’s over three times that we paid in all of last year.”

She said she understands that those still waiting for benefits are angry and confused, but emphasized that the agency is proceeding as quickly as possible.

“I do understand the frustration. I have spoken to people personally about this, and if you haven’t gotten your benefits yet, then none of these numbers matter,” she said. “That’s why I’m going to keep working night and day to process applications, complete certifications and make payments. And I’ll leave the politics to the politicians because I have a job to do.”

Reardon said that every state’s labor department is staggering under the weight of claims for both traditional unemployment insurance and the pandemic unemployment assistance passed by the federal government.

“Earlier this week, the federal government announced that over 33 million Americans have filed for unemployment benefits since the coronavirus pandemic began to affect businesses,” she said. “And today, the federal government released figures showing that the unemployment rate in the USA hit 14.7 percent in April, and that is the highest rate since the Great Depression.”

The commissioner said the DOL has implemented several measures recently to streamline the claims process.

The latest, launched today, is designed to communicate more clearly the status of an unemployed New Yorker’s claim, she said.

“One of the things we heard from the media and directly from New Yorkers is the frustration with understanding where their application actually is in the process,” she said. “The system we have sees applications in binary terms – an application is ‘pending’ until it is ‘processed.’ So, we’ve worked within that system to figure out what milestones we can identify right now and communicate them as an application reaches those points.”

Reardon said that in the coming days, the DOL is going to roll out “a new effort to proactively inform New Yorkers about the status of their unemployment benefit application – using emails and text messages to communicate directly with New Yorkers when their application reaches the milestones in the process, and letting them know what step they are on and if any action is required and what to expect next.”

She pointed to previous action to speed up the process, including:

-- Issuing a directive to employers, reminding them they are required to provide New Yorkers who lose their job with the information they need to easily and completely file for unemployment;

-- Identifying and proactively emailing 90,000 New Yorkers with complete, processed and payable claims who have not submitted their first federally required weekly certification to release their payments;

-- And launching a new online process to allow 470,000 New Yorkers who did not certify in previous weeks to submit their prior week certifications and receive their back pay easier and faster.

Reardon said the DOL has processed more than 100,000 applications for PUA, which, she offered, is a more difficult application than the one used for traditional unemployment benefits.

“At the same time, today, 20 other states have not even begun to pay a single cent of PUA benefits yet and some have not even started accepting their applications,” she said. “This has truly been a colossal undertaking but I know these numbers are cold comfort for someone waiting for their first payment, and I want all New Yorkers to know that we will continue to work tirelessly to process their claims and make their payments.”

She also said that the agency has begun paying the $600 weekly payments to individuals with just “forfeit days” on their accounts, and that includes retroactive pay through April 5.

“For folks with other issues on their accounts beyond just forfeit days, we’re continuing to review what can be done,” she said.

After her prepared comments, Reardon answered several questions:

-- Asked about a wish list of resources needed, she first thanked the “voluntary state workforce” of 3,000 who have “stepped up and stepped out to help their fellow New Yorkers and that is really remarkable.”

She mentioned the addition of third-party call centers, 60 more servers on their main frame, thousands of new ports for the phone system, and the efficient Google application.

“But actually, my wish list would be a magic wand to make it go away,” she said.

-- Asked why it to so long to fix the DOL website and application system, that crashed in 2008, she pointed to the sheer volume of claims.

“We have 1.6 million New Yorkers processed in the last report, and we know that’s not the end of the applications; more people are coming into the system as we speak,” she replied. “There’s no state that hasn’t staggered and fallen to their knees under this. All of the states, even the states that recently rebuilt their systems, had their systems crash.”

She acknowledged that the DOL system needed an update and that one was under way.

“We did an RFP, it was an elaborate and articulate RFP that took a couple years to really get it through the system. We got our contractors and we were in the middle of a five-year rebuild and then the pandemic happened. It was a lot of forces all at once,” she said.

-- Asked about the problems processing of the PUA applications, she said things got off on the wrong foot.

“We all need to admit that it did not exist until March 27^th. It was signed into law on March 27^th … and we didn’t even get federal guidance on how to administer it as a program until April 5^th and then the guidance was complicated and, frankly, contradictory,” she said.

“Early on, people were told they had to apply for unemployment insurance and go through the process of being denied, and then they had to fill out another application – PUA – and this was very difficult.”

She said the DOL developed a streamlined application on April 20^th, but there were a lot of people who “got caught in that original glue-trap of bad regulation. And we are working on all of that; it’s moving much faster now.”

“The universe of potential filers for the $600 PUA checks is large and I don’t think they all will because many freelancers are working, frankly,” she said. “I’m very happy to say we are moving them through the system and more and more of them will be made whole every day.”

-- Asked if people were eligible if they turned down a job for health concerns, she said mentioned the state mandates regarding business reopening and the health protocols and advised anyone who “feels they are working in an unsafe environment should report it to the DOL because we will immediately investigate the situation and send inspectors out.

She then offered the following:

-- “Under federal law, if you are receiving PUA, you can not turn down a job because of generalized fear of COVID-19 or dislike of the job. And the same goes for traditional unemployment insurance.

--"Two, you can turn down a job because of a specific COVID-19-related health issue. For instance, if someone is told by her doctor that she is immune-compromised and had to self-quarantine, she would qualify for PUA.

-- “And, three, you can turn down a job because of other non-health COVID-19 scenarios and qualify for a benefit. For instance, you’re a child’s primary caretaker, and the child is unable to attend school or other childcare options because of COVID-19, you would qualify.”

While Batavia Town Board members are thankful that municipal operations during the COVID-19 pandemic have continued with minimal disruption, they’re also hopeful that a plan to reopen the Town Hall on West Main Street Road comes to fruition in the days ahead.

The board, along with Town Engineer Steve Mountain, gathered via videoconference on Wednesday afternoon to tackle the issues surrounding how to move from “brick and mortar thinking” to a next generation virtual Town Hall or operations center, including the future of the space used for Town Court proceedings.

With construction design for a new Town Hall postponed indefinitely, Supervisor Greg Post posed the question, “How do we move forward from what has been a traditional (form of operating) to something closer to what we’re really doing now?”

Post mentioned the dire forecast contained in the latest coronavirus impact report from the New York State Association of Counties – possible losses of up to $9 million in both sales tax and state aid to Genesee County – as a reason for the Town to take steps to reduce overhead and to make sure that the pipeline for sustainable economic development does not become clogged.

Currently, the engineering, building and inspection departments have been able to maintain a high level of activity, he said, working remotely, using the telephone and utilizing the Town Hall only when necessary.

“They have said they can follow a schedule that will work for them that won’t require any additional footprint in the building,” Post said.

Other Town employees, however, most notably the clerk’s staff, regularly work at the Town Hall, which also serves the public in various capacities.

Council Member Chad Zambito suggested reconfiguring work spaces or cubicles for employees to use, potentially on a staggered system depending upon the day of the week.

Town Clerk Teressa Morasco said that could work “depending on how many are in here, but there needs to be more privacy if we get back to more people in the office.”

Council Member Patti Michalak wondered if the courtroom could be used for employee work space, prompting Post to mention the uncertainty surrounding the court system’s future.

“As it stands now, (the court) is inadequate and, obviously needs a several million-dollar makeover,” he said, adding that he doesn’t know if there will be one court or four regional courts in Genesee County.

Mountain recommended that each department head submit a restarting plan for the board to review, outlining ways to work remotely and specific needs related to using the Town Hall.

“It’s a reimagining of a new type of Town Hall,” he said, downplaying thoughts of expanding the building, which would have to be “much larger if we want to operate as we have in the past.”

Morasco said relief from social distancing mandates would determine when residents would be able to use the drive-thru window, while Council Member Sharon White noted that although the safety procedures have been working, “I would hate to see it continue forever as I miss the interaction with everybody.”

Post said he isn’t convinced that the virus won’t return, but he was able to find a silver lining as it relates to the construction of a new Town Hall.

“If this happens, and it is likely it will happen again, I guess the positive side is that it came before we spent $6 million on a facility and couldn’t use it.”

New Cases

• As of 2 p.m.
  • Genesee County received four new positive cases of COVID-19, for a total of 161 positive cases.
    • Two of the positive cases reside in Batavia, one resides in Bethany, and one resides in Alabama.
    • Two individuals are in their 30s, one individual is in their 40s, and one individual is in their 50s.
    • Three 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.
    • Five of the total active positive cases are hospitalized.
  • Orleans County received 15 new positive case of COVID-19, for a total of 124 positive cases.
    • One of the new positive cases resides in Yates, one resides in Shelby, one resides in Albion, one resides in Gaines and one of the new positive cases resides in Kendall.
    • Ten positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
    • The newly positive cases has two individuals in their 30s, one individual in their 50s, four individuals in their 60s, three individuals in their 70s, five individuals in their 80s, and one individual in their 90s.
    • One of the community newly positive individuals was on quarantine prior to becoming symptomatic.
    • Eight of the total active positive cases are hospitalized.
    • “We are reporting that an individual (over 65 years of age and who had underlying health conditions) who lived in the community, who had tested positive for COVID-19 has passed away,” said Paul Pettit, director of the Genesee & Orleans County Health Departments. “We have also had an individual who lived in The Villages of Orleans Health and Rehabilitation Center pass away. Due to privacy issues, we are not releasing further details about either of these individuals. I would like to express my sincerest sympathy for these individuals’ family and friends.”

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

Mary Sage, a longtime nurse at United Memorial Medical Center in Batavia with two “retirement” dates on her resume, said she didn’t blink an eye when hospital officials summoned her back into duty during the COVID-19 pandemic.

“They called me out of the blue. I didn’t expect it but I never hesitated. I said, ‘Yeah, I’ll come back; not a problem,’ ” Sage said today during a Zoom videoconference set up by the Rochester Regional Health public information department.

Sage has been assigned to the medical surgery floor, located on the second floor’s new wing, and is taking care of a variety of patients, including those infected with the coronavirus.

She said she is tapping into her vast experience and knowledge gained over 30 years in the profession to provide just what is needed during what she calls a “very frightening” time.

“I am a better nurse today and a better person today because I’m older (she’s 72) and as you age, you certainly get wiser,” Sage said. “I’ve had to take care of a sick husband, I’ve been a patient myself, and I do believe that makes me a better nurse …”

She said that she has dealt with all kinds of illness, but nothing like the coronavirus that has swept through the world.

“I had a patient last week who they all of a sudden put her on COVID restrictions. It’s very frightening for them. I didn’t hesitate. I garbed up and did what I do,” she said. “But I realized very quickly that the patients are very frightened because they don’t understand what’s happening. You have to go through a lot of explanation – there’s a lot of testing, a lot of this and a lot of that. We have to garb, they have to put the mask on – and it’s just very frightening. But I think with a lot of reassurance, they get through it.”

Sage, who has held several positions at UMMC including supervisory roles, said she recalled the time many years ago when an infection control specialist came to the hospital and taught the nursing staff about pandemics.

“We kind of laughed, but I’m not laughing today … this is the real deal. It’s scary for everybody,” she said, adding that the woman patient with the virus was retested and fortunately the results came back negative.

Since coming back for another stint at UMMC, Sage said that learning the computer has been a “big-time change but it has been fun.”

“I understand that we’re in the information age, however I am a bedside nurse,” she said proudly. “You come into this facility and I’m going to take care of you. So, for me, the computer is secondary but it’s still important. Nursing at the bedside and taking care of your every need is more important to me.”

Sage, who also has volunteered in the surgical waiting area at UMMC since 2011 – racking up 728 volunteer hours through 2019, said she is currently working on a per diem basis. She retired as a full-time nurse for the first time in 2010 and then again in 2016.

“I have been working a couple days since I came back trying to gear up – orientation, learning the computer, getting back in gear,” she said. “It just depends … if we have another surge in the fall, I may work sporadically through the summer and come back in the fall – and I’m perfectly willing to do that.”

Her willingness to jump back into the fray exemplifies the caring nature of nurses and casts a bright light on the profession, which is celebrating National Nurses Week through May 12^th, which happens to be the birthday of Florence Nightingale, the founder of modern nursing.

“I remember that when I was very young, this was something I always wanted to do,” said Sage, who grew up in Wyoming County and now lives in Clarence. “Unfortunately, … my parents didn’t see education as very important in those days. But I was still determined. I worked for a year, I saved my money and came to Catherine McAuley School of Practical Nursing here in Batavia that was associated with St. Jerome Hospital. That’s where I got my initial training – in 1967.”

A graduate of Genesee Community College and Daemen College in Buffalo, Sage explained just how far nursing has progressed.

“We carried our meds on a little tray, we gave enemas and passed a few aspirin. The doctors did everything else. When the physicians came into the nurses’ station, you stood up and gave them your chair,” she said. “The information age has certainly enhanced nursing, but once you’re a bedside nurse, you’re always a bedside nurse."

Sage said as she matured she “changed her MO” as far as taking care of patients – shedding a task-oriented approach – and finding satisfaction in knowing she is helping another person.

“I probably would have come back here for nothing because I like doing what I’m doing,” she said. “… that’s what I love the most, that I can go into a patient’s room, I need some basic information and pick up right away. That’s what I care about the most.”

Her children have followed her into the medical field.

Daughter, Barbara, an Elba resident, is a registered nurse at UMMC in charge of the surgical associates’ office, and her son, Jeff, whose home in Akron is not far from his mom’s house, is an athletic trainer at Daemen College in Buffalo.

Asked if it was a good thing that her son is nearby, Sage said it usually is but not at the moment because of the social distancing mandates.

“I can’t see the grandkids right now, so on my way home I’m going to stop and do a dance outside their window,” she said, noting she also enjoys gardening. “You gotta keep moving.”

Photos at top: Mary Sage, taken while speaking via Zoom videoconferencing service earlier today with Stacey Pastuszynski of Rochester Regional Health public information office in background; Sage, second from left, on the UMMC medical surgical floor; Sage and her nursing colleagues.

Joshua Stanley Martaus, 36, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance in the 7th degree. At 3:07 p.m. on May 5, a motor vehicle was stopped on Route 33 in the Town of Batavia following the alleged observation of a vehicle and traffic violation. The operator, Darlene Martaus, was driving while her privilege to do so is allegedly suspended in New York. Her passenger, Joshua Martaus, allegedly possessed crack cocaine at the time. Both were issued tickets to appear in Town of Batavia Court on June 8. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Andrew Mullen.

David E. Brege Jr., 33, of West Center Street, Medina, was arrested May 5 by the Genesee County Local Drug Task Force. He is charged with: unlawful possession of marijuana, a violation; and possession of a hypodermic instrument, a misdemeanor. His arrest followed a complaint investigated by the City of Batavia Police Department wherein he was allegedly found in possession of marijuana and hypodermic needles on West Main Street in Batavia. Brege was issued a computer-generated appearance ticket and is due in Batavia City Court at a later date. Additional charges are possible pending results from the Monroe County Crime Lab. In addition to city police, this investigation was assisted by the Genesee County Sheriff's Office and the Genesee County District Attorney's Office.

Genesee County legislators are making it clear to their constituents that there is “no joy in Mudville” after having to strike out previously approved revenue distribution payments to towns and villages due to the financial devastation caused by COVID-19.

The Ways & Means Committee today, via Zoom videoconferencing, supported a new resolution that immediately rescinds measures passed in 2018 and 2019 that authorized the county treasurer to make annual payments – in quarterly amounts – to the towns and villages.

It will now be forwarded to the full legislature for voting, likely at its May 13^th meeting.

“The members of the legislature do not take this move lightly,” Committee Chair Marianne Clattenburg said. “These circumstances are really something that nobody could have foreseen. Hopefully, they’ll be limited in scope and we’ll get through this and we won’t have a go-around again, but we don’t even know if that’s the case right now.”

Clattenburg emphasized that legislators will stay in contact with town and village officials, adding that “when we are able to get back to them with some more revenue sharing, we will certainly have those conversations.”

The resolution refers to the sacrifices the county has had to make through this crisis, including: the elimination of multiple capital projects and asset acquisitions; instituting a hiring freeze; furloughing many (currently 48) employees; and cutting contracts and agreements with outside agencies.

Legislature Chair Rochelle Stein said they have no choice but to stop the payments until further notice in light of the uncertainty surrounding any aid from the federal or state government.

“Our responsibility is to stay abreast of the situation of where the revenue is coming from,” she said. “The county treasurer has been authorized to make these payments without any further action from the county legislature, and that is the purpose for rescinding these – to remove that authority from the treasurer. We understand that the COVID impact could be with us until 2024 and I think that we’re being generous with that timeframe right now.”

County Manager Jay Gsell cited a report released today by the New York State Association of Counties that, he says, points to “very severe and drastic prospects in the loss of sales tax and state aid.”

The report, Gsell said, predicts that Genesee County could lose from $4.2 million to $9.9 million in sales tax and from $3.3 million to $8.4 million in state aid depending upon the gravity of the economic condition at the state level.

“This is truly not a good 'new normal' but it is something we’re going to have to deal with,” Gsell said. “One of the small glimmers may or may not be federal stimulus 4.0. The U.S. Congress and the President effectuating what we know at the moment does include resources for state, counties, cities, towns and villages -- and that our state senators are solidly behind -- (would help to alleviate the local situation).”

Legislators John Hilchey and John Deleo agreed with the latest action.

“In light of the pandemic now, we can’t fulfill our obligations to those two resolutions of 2018 and 2019 and this gives us a chance to reset with us rescinding until further notice,” Hilchey said. “It’s something we have to do to get out from the obligations of those prior resolutions.”

Deleo said dealing with the potential cuts along with state mandates is discouraging.

“The thing is, we’ve always been very thrifty and frugal, and this is definitely unforeseen and this is going to hurt,” he said. “Now to have this thrusted upon us. With all the mandates that New York State kept throwing on us and now they’re going to cut even more, this is going to be one hell of a ride.”

Clattenburg said that municipalities have entered an “age of austerity … that needs to be across every level of government.”

“I think it needs to be in school districts, our towns and villages and in city budget. The recognition (must be realized) that for a lot of people life has changed dramatically. People are losing jobs and they might not get back those same jobs.”

For Stein, it’s a matter of the legislature living up to its obligations in the most effective fashion.

“We are sharing everything we that we know and being honest and transparent,” she said. “Our responsibility in the county is to provide public health and public safety and emergency operations here, and we are taking care of those responsibilities on behalf of the entire population and communities of Genesee County.”

Daily Briefing:

New Cases

• As of 2 p.m.
  • Genesee County received three new positive case of COVID-19, for a total of 157 positive cases.
    • Two of the positive cases reside in Pembroke and one resides in Batavia.
    • One individual is in their 20s and two of the individuals are in their 30s.
    • Two of the newly positive individuals were on quarantine prior to becoming symptomatic.
    • Zero of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
    • We have removed a "positive / recovered" individual that was determined to be a false-positive result. Therefore, the total positive case number will be one less and has been adjusted in our data. No further information will be shared.
  • Orleans County received four new positive case of COVID-19, for a total of 109 positive cases.
    • Two of the new positive cases reside in Ridgeway and one of the new positive cases resides in Shelby.
    • One positive case resides at The Villages of Orleans Health & Rehabilitation Center.
    • The newly positive cases has one individual in their 40s, two individuals in their 50s and one individual in their 80s and older.
    • None of the community newly positive individuals were on quarantine prior to becoming symptomatic.
    • Eight of the total active positive cases are hospitalized.
    • We have also received word of another death of an individual who lived at The Villages of Orleans Health and Rehabilitation Center. Our deepest condolences to the family and friends of this individual at this very sad time.

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

Looking to cut through the red tape, the New York State Department of Labor is starting what Commissioner Roberta Reardon terms a “streamlined process” to allow those who missed unemployment benefits because the certification process was not completed.

Reardon, addressing the news media by telephone this afternoon, said the agency is taking steps to get benefits to nearly a half million New York residents who failed to submit the federally mandated certifications along with the applications.

“Today, I am announcing that we will be launching a streamlined process for New Yorkers to submit previous week certifications online,” she said. “As part of this new process, we will directly email New Yorkers with missing certification from previous weeks to inform them of the situation and we will include in that email a secure form that they can use to submit their information – which we will verify, process and pay.”

The commissioner said the DOL has identified more than 470,000 New Yorkers with “completed, processed and payable unemployment benefit applications who did not submit certifications in previous weeks, effectively leaving their money on the table.”

This amounted to more than 697,000 missed certifications, she said, that, if received, would have totaled approximately $480 million in benefits.

“No one should miss out on their benefits because of red tape, including these federally mandated weekly certifications,” she said.

Reardon said the agency previously emailed 90,000 New Yorkers who had completed and processed claims but did not received funds due to an accompanying certification. Those with no email address would receive a phone call or, as a last resort, a letter in the mail.

She said that going forward, the fastest way to file is online by going to www.labor.ny.gov/signin.

Reardon also said the DOL will be releasing a “fact sheet” to inform people of their claim status.

“Many people have seen 'pending' as their status for far too long and I understand the anxiety that this can cause,” she said. “When you don’t know where you are in the process or why you are there, you feel powerless. This new resource will outline the main reasons why someone’s claim may be pending, so you can have a better sense of the work we are doing to process your application.”

Statistically, more than 30 million Americans have filed for unemployment insurance since the COVID-19 crisis began, including 1.6 million New Yorkers, Reardon said. As of today, the NYS DOL has paid $5.8 billion in unemployment benefits as a result of the pandemic.

“For context, we paid out $2.14 billion in unemployment benefits during the entirety of 2019,” she said. “That means in just two months we have paid out nearly three times the total level of benefits that we paid all last year.”

For nearly eight weeks, the nation’s economy has been ravaged by the coronavirus, making the phrase “business as usual” a thing of the past, at least for the foreseeable future.

Governmental leaders are facing momentous decisions pertaining to expenditures -- weighing what is absolutely necessary against what can wait until the smoke clears.

And business sectors such as furniture, gasoline, clothing, sporting goods, department stores and food service are experiencing sales decreases of 25 percent and more.

As New York State inches closer to the first of four phases to reopen the economy, The Batavian reached out to Genesee County Manager Jay Gsell today with five important questions – a “Q&A with Jay,” if you will – to provide readers with the current state of affairs at the local level.

What is Genesee County doing to prepare for town and village reopening?

The towns and villages and city and county are under the same general 50/50 essential workforce everybody else is pretty much either working from home or at home and so we've been working on that basis. Certain parts of our workforce and some of the other communities like the City and the Village of Le Roy, we have law enforcement and those kind of things, our health department and our EMS department. None of them have been, quote, unquote, not working.

Overall, the goal was to have the 50/50 proposition almost right out of the gate as far as the state was concerned. We've all been following that. Now, as we're starting to prepare for May 15th, every Saturday morning we have a conference call with all of the local elected officials, the City, towns and villages, county legislators and (Assistant Manager) Matt (Landers) and myself, (Health Director) Paul Pettit and (Emergency Management Services Coordinator) Tim Yaeger to just get a status report on what's going on. That's starting to focus on what kind of return to work guidance is there. It really doesn't seem to differ except for those of us who have highway departments because we can bring them back now anyway because they're considered both essential and also construction activity kind of projects.

Our county highway department came back full force this week, our facilities management people also -- half of them were staying home, week on week off -- the towns and villages and City are starting to look at changing that also and again following all the protocol. So that's why all of our conference calls on Saturday start with the public health director and with the emergency management people -- Do they need resources? Do they need masks and face coverings? Do they need PPE (Personal Protective Equipment) and gloves and things like that? We try to do what we can to get that stuff in their hands -- distributing massive quantities of that kind of stuff to the extent that it's available.

And we also have to follow all the state guidelines with regard to social distancing, protective equipment, washing hands, not touching face. Even as we start to bring and plan for our office people and DSS (Department of Social Services) and Mental Health people, starting to bring them back in much greater numbers, we all have to have a plan to protect them and to deal with our clients and the customers.

At this point (furloughed employees) will not return for the first 30 days -- and that's presuming that May 15th is the date. Even the recovery restart, even in a region like Finger Lakes, could take upwards of a month just to get through the phases that they've outlined as to which businesses can or can't come back. We are putting together our internal plan ... for both our workforce and the public will deal with each other going forward.

How is Genesee County supporting the work of the City, neighboring counties?

I have daily conversations with (City Manager) Marty Moore and our department people communicate with each other – Human Resources, assistant county and assistant city manager, people like that -- and also with the counties and the whole statewide association, NYSAC (New York State Association of Counties), which has been very engaged. There's at least one or two or sometimes three phone calls a week with regard to what the rest of us are doing.

Sharing plans, sharing information -- we do that ad nauseum. It's not academia so plagiarism is not really a concern. If somebody's got a good plan, we just do it -- take from each other and those kind of things. So, we've been doing that consistently right from the get-go. Our friends from NYSAC from a statewide standpoint and us have interacted and interfaced with the governor's office and his executive staff that are out at this end of the state ... and in Albany, there's a daily COVID-19 conference call and it's been that way for the last five or six weeks.

That gives us information but also allows us to ask questions -- could you check this out and could you dispel this myth? -- things of that nature. When we get clarity, we pass that on to others of us who are of that (mindset) "inquiring minds want to know."

As specifically as possible, what is the fiscal impact of the pandemic upon Genesee County?

That's a really big unknown ... Right now, it has been suggested by our NYSAC colleagues that we can see anywhere from a 5 to a 25 percent reduction in sales tax, starting probably in the reporting period that covers the month of April going forward, but we don't know that yet. So, that could be anywhere from $3.6 million to $11 million in potential lost revenue just in 2020 in the county for sales tax.

Then we've lost DMV (Department of Motor Vehicle) revenue -- already probably about $80,000 of what we get to keep from the hundreds of thousands of dollars that we normally process on a monthly basis just in the first three months since this started. Mental Health has lost about $96,000 in billable hours of service. Now, they're still doing tele-health and in some emergency cases, they're still dealing directly with clients, but there has been a significant loss as far as contact, in terms of therapies and other things that, again, has been quantified to the tune of about $96,000 year to date from March 1st.

Same thing, I know the county treasurer in regard to what he has invested. There have obviously been lost earning opportunities with our investment portfolio through the three+one program that (County Treasurer) Scott (German) has been using for the past couple years. And there are other fees and charges such as health department fees for events like the Rotary pancake breakfast where charges for permits are incurred. Events that have been cancelled will mean a loss of revenue there; we haven't quantified that yet because really the start hasn't happened.

Even park reservations -- that's a really big thing. We'd like to think that after May 15th we'll see some pick up there, but again with all the conditions and the protocols, it will not likely be what it's been in years past as far as the number of reservations and the finances that go with that.

How is Genesee County bracing for cuts in revenue and state reimbursement?

We have put on hold or rolled over to another year probably about a million dollars’ worth in the county highway department, basically capital projects and activities that (County Highway Director) Tim (Hens) and company were going to be engaged in during this 2020 calendar year.

The uncertainty there -- in addition to that and including some airport construction -- is how much of the CHIPS (Consolidated Local Street and Highway Improvement Program) funding and the extreme weather funding that was in the New York State budget that was adopted on April 1^st, how much if any of that gets reduced when the governor and the budget director come out -- probably this week -- with their first hit. Loss of state revenue means loss of state aid to everybody else. That's a really big unknown.

Plus, we’ve got 48 people approximately on furlough and we have another 44 positions on the strategic hiring freeze; together those things represent about $200,000 a month in expenses we're not incurring. And we're also looking at what else we can do to rein in other expenses.

It's on multiple fronts and this is just to get through the next 30, 60, 90 days. Then when we start putting together a 2021 budget, things may carry on from here right into that process and throughout that year.

How important is the need for federal funding for Genesee and other counties in New York State?

That's for all local governments because there is a palpable loss of revenue. The way that the (federal stimulus) 4.0 is apparently being structured, there will be the opportunity for New York State county governments, city governments, and town and village governments who are not part of the CDBG (Community Development Block Grant) entitlement program in this next round of stimulus funding to actually receive direct aid -- not going through the State of New York, but direct aid because of the fed stim 4.

So, what that could mean, obviously is, to a certain extent based on the figures we just talked about, some part of those would be potentially backdropped (to local governments) by virtue of this federal stimulus money. The problem is ... we have a range of options. You can go from just getting a crew cut in terms of revenue loss to a literal beheading -- and right now the beheading looks a lot more probable than the crew cut with regard to state aid, state reimbursement, loss of sales tax and what may or may not be coming out of the federal stimulus program. That's something that hopefully we will know by the end of the month of May.

But even today as you look at the back and forth between the federal government and the House versus the Senate, and in some cases, the governors, it's very partisan and quite ugly with regard as to where do we fit in to what is supposed to be a revenue replacement program coming out of fed stim 4.

To summarize, there are significant cautions and concerns out there, and there are a few opportunities and hopeful horizons. We are planning for the worst and hoping for the best.

          Roy Watson

A 51-year-old Rochester man was arrested Monday on drug charges following a traffic stop on Route 98 in Batavia by members of the Local Drug Task Force.

Roy L. Watson is charged with:

• Criminal possession of a controlled substance, 3rd;
• Criminal possession of a controlled substance, 4th;
• Driver's view obstructed;
• Unauthorized sticker;
• Possession of an open container of alcohol in a motor vehicle.

Watson was allegedly found in possession of crack cocaine.

Following arraignment in Batavia City Court, Watson was released under supervision of Genesee Justice.

The Drug Task Force was assisted by State Police, the Sheriff's Office, Deputy Chris Erion and K-9 "Frankie," and the District Attorney's Office.

The Batavia City School District Board of Education tonight postponed adopting the 2020-21 budget for two weeks in anticipation of receiving word from Albany on the amount of state aid it will receive.

Over the past few weeks, district officials have had to take drastic measures to close a $1.6 million budget gap, most notably the elimination of about 30 jobs across the district. They still were about $47,000 short of reaching what is a “negative” tax cap (minus .38 percent) before making some more changes earlier today.

Those adjustments determined the tenure status of five elementary teachers who also are certified to teach reading, at a cost of $130,382, and scaled back three BOCES programs – alternative education, Instructional Support Services and model schools -- resulting in a savings of $177,649.

This enabled the district to hit the desired target, which unfortunately has been a moving target. However, with the state aid situation in flux, further financial modifications may have to be made.

Subsequently, Business Administrator Scott Rozanski recommended that the board wait until news of additional state aid adjustments and call another meeting to adopt the $51.4 million budget on May 19, two days before the deadline.

Board President Patrick Burk, mindful that district residents and media were watching the proceedings, explained how the board has reached this point.

“The current budget shows the decrease in state aid … through the budget that has been proposed to the state, which is $453,327, on top of the flat expenditure from the governor’s budget, and we have had a couple of questions that can be explained a little bit further,” he said.

Burk said the board was informed that the district would be getting an increase of $800,000 in state aid, based on Gov. Andrew Cuomo’s first abstract of the budget.

“Since then … state aid is actually minus $453,327 as opposed to a plus $800,000,” he said. “On top of that, we were working with an unknown tax cap that, rightly or wrongly, the assumption in the past has at least given us some leeway in letting us raise some increase in taxation, although in our past years, it’s been relatively modest.”

He added that by the time the district’s tax cap was determined, the board “realized we were at a negative tax cap, and there goes some revenue that could possibly have been raised through the tax cap – and we ended up with a minus between $7,500 and $8,000 tax cap.”

Burk said he expects further state aid reductions that will affect the 2019-20 district budget – the first of the state’s four specified “measurement periods” is set for this month – but has not received word if any current year reductions would carry over to 2020-21. Any cuts in 2019-20 state aid would have to be made up by tapping into reserves, he said.

After that, Burk recommended that the board push the budget adoption meeting to May 19 “so we can know what the reduction will be for the current year and whether or not that is going to impact the 2020-21 year.”

His suggestion was accepted by the board.

Superintendent Anibal Soler Jr. said he agreed with the decision, adding that conversations are taking place with state education officials this week, which leads him to believe actual monetary amounts will be revealed soon.

He also mentioned the “political posturing” that is going on between the governor and President Trump in regard to the possibility of a federal stimulus bill to support states and localities.

“The hope is that we get something, but I just want everyone to be reminded that when the new budget was proposed, there was already a pandemic adjustment line in there that literally washed itself out … if we do get a bailout, I don’t necessarily think it will help us, I hope it will,” Soler said. “But I think they already have preplanned a lot of this stuff and we’re caught in some of that political posturing that goes on.”

In other developments:

-- The board tabled decisions on a $618,000 capital project to construct an age-appropriate playground at Jackson Primary School and a singular $100,000 capital outlay project at either Jackson, Batavia High School or Batavia Middle School.

Burk said that the current playground at Jackson is for intermediate or elementary pupils, not primary, and that capital project funds can't be transferred into the general fund.

Rozanski said that the capital outlay proposal comes with a 90 percent aid appropriation, reducing the district’s final cost to $10,000. He also noted that the capital outlay program, in its fifth year, identifies one location and is completed by a general contractor.

Eventually, the board will decide on one of these three options:

-- Jackson Primary: New restroom in the gymnasium;
-- Batavia High: New stage floor and new clocks;
-- Batavia Middle: Exterior doors and landscaping.

-- The board did approve taking $55,720 from the district’s repair reserve fund (which was at $173,782) to replace the gymnasium floor at the high school, a move that followed a public hearing at which no public comments were submitted.

Rozanski said the work will level the gym floor and eliminate the “dead spots.”

-- Burk said the budget vote and school board election will be done totally by a mail-in ballot, with postage paid envelopes to be mailed to district residents after May 19^th and before June 9^th.

Burk said it will cost $1.16 for every ballot – possibly as much as $32,000 total – since law prohibits electronic balloting. He said that the Richmond Memorial Library ballots will be included with the school’s ballots.

The board meeting took place via videoconference on the board’s website YouTube channel -- www.bataviacsd.org.

Daily Briefing:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19. for a total of 155 positive cases.
    • The positive case resides in Darien.
    • The positive case is in their 80s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Three of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
• Orleans County received three new positive case of COVID-19, for a total of 105 positive cases.
  • The three positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
  • The newly positive cases has one individual in their 70’s and one individual in their 80’s and one individual in their 90s and older.
  • Six of the total active positive cases are hospitalized.

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

The local public health director on Monday said he is a bit wary about how Gov. Andrew Cuomo’s regional approach to reopening the economy will affect Genesee County.

“I do have some concerns around the regional approach here as we’re going to be able to move forward and (or) get stuck on pause based on what our entire region (Finger Lakes) does, and if you look at the metrics, it’s going to be driven by data,” said Paul Pettit, director of the Genesee and Orleans Health Departments.

Speaking at the Human Services Committee meeting of the Genesee County Legislature, Pettit said the region is “lining up a little bit more now” with the hospitalization rates that are part of the equation leading toward increased business activity.

“It’s based on 100,000 residents, so look at our Finger Lakes Region,” he said. “I think we’re around 1.3 million, maybe a little less, and we have to meet certain data points.”

On Monday, the governor stated that the Finger Lakes Region meets five of the seven metrics needed to reopen safely: decline in hospitalizations; decline in hospital deaths; new hospitalizations; percentage of hospital beds available; and percentage of ICU beds available.

The region does not meet requirements dealing with the number of residents tested monthly and the number of contract tracers, the governor said.

Pettit acknowledged that the governor's latest press conference provided more clarity in his four-phase approach to reopening by sharing the “different metrics we need to go through in order to progress.”

“We’ve been asking for weeks now exactly what this is going to look like, so it’s starting to shape up a little bit,” he said.

He said the county’s plan is to send information to businesses and other organizations with some guidance so, “hopefully when we get to Phase 1 here and we get to launch on May 15^th – which we’re optimistic will happen – all of our essential businesses that will be added in, mainly around construction, manufacturing and some retailers, etc., will be ready to go.”

County Manager Jay Gsell indicated that the Finger Lakes Region is one of the five regions that on May 15^th will be able to enter Phase 1.

“If our metrics and our data still continue to look positive, we should be able to look at the phasing of reopening of the Finger Lakes Region, which Genesee County is part of. That’s one small sliver of good news, at least this afternoon around 4:25,” he said.

Pettit was asked about antibody testing in Genesee County, and said that it is not widely available in this region.

“Unfortunately, just like the testing, we seem to be lagging behind,” he said. “We are getting some results in from antibody testing. We have not had anybody as of last Friday that had shown they had antibodies. There are some Genesee County residents that have been tested (for antibodies) at random sites the state has or health care workers.”

He said antibody testing reveals a “level of exposure to the virus … helping us understand how much of our community has been exposed, but it doesn’t really tell us much beyond that about protection and immunity … it’s still too new.”

The Human Services Committee passed a resolution accepting an additional $4,726 in funding from the New York Department of Health to cover increased workload costs in connection with early intervention administration as it pertains to referrals of children showing signs of lead poisoning.

In other developments, the committee voted in favor of four contracts pertaining to the Office for the Aging:

-- Increasing the amount of an agreement with ARC of Genesee Orleans by $40,000 for meal service preparation as demand has risen due to COVID-19. The original amount for the period of July 1, 2019 through June 30, 2020 was $223,927.

Office for the Aging Director Diana Fox said the additional expense is covered by federal stimulus funds and other funding streams that were directed to the agency. She also said that serving congregate meals has given way to home-delivered meals at this time.

-- Extending an agreement with the National Council on Aging Inc., to provide Aging in Mastery Program sessions through the end of the year -- beyond the previously approved May 2020.

The program offers interactive classes for adults 55 and older that promote behaviors that improve health, economic security, self-esteem and social activity.

-- Renewing a RSVP (Retired and Senior Volunteer Program) grant of $47,500 through March 31, 2021 from the Corporation for National and Community Service.

The grant, which was included in the 2020 county budget, enables the agency to utilize the network of local volunteers to assist older citizens in various areas, including coping skills, veterans’ support, environmental stewardship, reducing food insecurity, emergency preparedness and opioid awareness.

-- Renewing a contract with Willcare Inc., to oversee consumer-directed in-home services from June 1, 2020 through May 31, 2021 at hourly rates ranging from $20.51 to $23.11 per hour, for a total not to exceed $25,792 for the specified year.

Under this plan, the control of homecare services is shifted from homecare agencies – which in many cases are unable to accommodate all requests -- to the consumer (or representative) for budgeting, care planning, decision-making and arranging for services and staffing.