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Twenty-two students, teachers and staff at Genesee County school districts are listed as “new positives” as of Tuesday on New York State’s COVID Report Card dashboard.

Of that number, 15 are students, three are teachers and four are staff members, and of the students, five are in the Batavia City School District, four in Le Roy and Oakfield-Alabama and one in Pavilion and Pembroke.

The numbers also include two Elba teachers and one Pavilion teacher, and three Le Roy employees and one O-A employee.

Since Sept. 13, however, per data reported by the individual schools, 174 students, teachers and staff have tested positive for the coronavirus, with 74 of those at Batavia and 50 at Le Roy – the county’s two largest schools.

At Batavia, 69 of those 74 are students, while three are teachers and two are staff members. At Le Roy, 38 of those 50 are students, while one is a teacher and 11 are staff members.

Breaking down those numbers further:

• From Sept. 22 to Oct. 5, Batavia – 45 students, one teacher, two staff; Le Roy – 24 students, no teachers, 10 staff.

• From Sept. 29 to Oct. 5, Batavia – 26 students, one teacher, two staff; Le Roy – nine students, no teachers and nine staff.

COVID-19 positives are low at other school districts, with Alexander reporting no cases at all since Sept. 13 and Notre Dame just two – with none in the last 14 or seven days.

Data from other schools is as follows:

• Byron-Bergen: 15 students, two teachers, one staff since Sept. 13; five students, no teachers, one staff from Sept. 22 through Oct. 5; four students, no teachers, one staff from Sept. 29 through Oct. 5.

• Elba: No students, two teachers, no staff for all reporting dates.

• Oakfield-Alabama: 15 students, no teachers, two staff since Sept. 13; 11 students, no teachers, two staff from Sept. 22 through Oct. 5; five students, no teachers, two staff from Sept. 29 through Oct. 5.

• Pavilion: Three students, one teacher, no staff since Sept. 13; two students, one teachers, no staff from Sept. 22 through Oct. 5; one student, one teacher, no staff from Sept. 29 through Oct. 5.

• Pembroke: Five students, two teachers, no staff since Sept. 13; three students, two teachers, no staff from Sept. 22 through Oct. 5; two students, two teachers, no staff from Sept. 29 through Oct. 5.

COUNTY OFFERING TELEHEALTH TO SCHOOLS

In an effort to make it easier for school districts to interact with health care professionals, the Genesee County Health Department, as part of its comprehensive COVID testing plan, has set up a contract with Mobile TeleMed LLC of Buffalo to provide in-school telehealth sessions at no charge to school districts through July 2022.

“Schools that want to participate will be able to have a Telehealth cart down at the nurses’ office where students and/or staff come down and engage with varying levels,” Public Health Director Paul Pettit said.

“It could be a lower level, an RN (Registered Nurse), or mid-level, an NP (Nurse Practitioner), PA (Physician’s Assistant) or even a physician, where they can have that engagement in real time, on site, through the Telecart, and they can provide potentially a diagnosis, whether it’s COVID, along with on-site testing. There are a lot of ways they can leverage that relationship right at school.”

Pettit said this program could take the place of parents having to go to the doctor’s office after they get out of work or go to urgent care centers.

“We’re pretty confident that this type of technology will help us to avoid some of those unnecessary visits and allowed it to be taken care of right on site,” he said.

Pettit said Le Roy Central School district is very interested in participating.

 “We need the schools to sign on. We believe that Le Roy is very close. We’ve been working with them and have a couple of carts there.”

Le Roy Superintendent Merritt Holly confirmed that the district is “exploring the possibility and how we can further assist and help our students and families.”

The program is being funded by a grant to the health department, Pettit said, adding that the school district will contract directly with TeleMed, which will handle billing to the students’ family. Parents would need to sign consent forms for their children to access the videoconference technology.

“My hope is that this will be a sustainable access to care beyond COVID,” Pettit said. “Obviously, they (schools) would have to fund it after that point (after July 31, 2022). If the school found value in continuing to have something like this for their staff and their students, they could continue on past our grant funds. They’d already have the relationship and they could continue to use it as a way to engage health care.”

Fees (which will be paid for by the grant for through next July) are as follows:

• Base pricing per district is $1,200 per cart per month, plus $500 for training and implementation.

• Small school pricing is set at $2 per district student per month, starting at a minimum cost of $800 per month plus the $500 training and implementation charge.

Pettit said COVID testing is taking place in local schools, with testing kits provided by the county.

The Genesee County Legislature is expected to vote on the contract with Mobile TeleMed at its Oct. 13^th meeting.

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Update, Oct. 7, 9 a.m.:

A check of the NYS COVID Report Card this morning reveals that under the Lab Reported category, Alexander Central School District has had an estimated 18 positive cases among students since Sept. 1, 14 from Sept. 23-Oct. 6, nine from Sept. 30-Oct. 6, and one since Oct. 6. Lab Reported numbers and School Reported numbers can vary. As indicated in the story above, Alexander CSD apparently did not report positive cases to the state Department of Health or its report was not received.

Story and photos by Alecia Kaus

Just before noon today, the City of Batavia Fire Department responded to 127 Tracy Ave. for a report of smoke coming from the roof vents of a single-family home after an alert neighbor reported seeing smoke coming from the roof. 

Genesee County is on track to spend more than $9 million on Medicaid this year and New York State is doing very little to help alleviate this local obligation, according to the director of the county’s Department of Social Services.

Presenting his departmental review at Monday’s Genesee County Legislature Human Services Committee meeting, David Rumsey (photo above) said the county has little input over the government-financed health insurance program for eligible people.

Approximately 3,000 county residents are on Medicaid, he said, and that number continues to increase.

“The transition of Medicaid administrative functions from the county to the state remains unchanged. There has been no additional movement by the state to take over the Medicaid administrative functions,” he said.

Rumsey also mentioned the inordinate amount of time spent on determining people’s eligibility in light of the required five-year lookback period for chronic care (nursing home) cases.

“The Medicaid assistance programs have the greatest burden to the county, but for which we have little control,” he added, reporting that projected spending by the county for Medicaid in 2021 is $9,052,134.

In his report, Rumsey touched upon other programs and services offered by DSS as well as its budget status.

2021 BUDGET STATUS

Anticipated 20 percent cuts in state aid did not occur, he said, keeping the DSS budget on track for 2021.

“The pandemic continued to bring uncertainty about the projected funding streams and allocations, and it still does,” he said.

Rumsey said he is monitoring state training school expenses since the number of youths currently in detention will need to be budgeted for in 2023 (two-year billing cycle). 

He also reported that required training for new employees hired over the last year was put on hold at the state level.

“The state is currently formulating a plan to move the virtual training back to in-person, but this plan is reliant on the continued safety for the trainees that attend,” he said.

PROGRAMMING

-- Temporary Assistance (Public Assistance): This unit provides cash assistance to individuals or families, with benefits provided based on eligibility and on-going case monitoring.

“The overall monthly caseload is trending downward with a decrease in both Family Assistance and Safety Net,” he said. “There has not been a significant increase in homelessness noted yet.  The eviction moratorium is extended through January 15, 2022 which may change this trend.”

-- Emergency Rental Assistance Program (ERAP):  This was rolled out by the Office of Temporary and Disability Assistance to assist renters and landlords, but the start was “slow and not successful,” Rumsey said.

He said most of the funds went to renters, while assistance to landlords lagged behind.

“A lot of landlords had property damaged,” he said. “Now, they are getting a few more rights.”

-- Fraud: The DSS Fraud Department has been very busy, Rumsey said, with its two investigators following up on Font End Detection System referrals, Intentional Program Violations, prison matches, and allegations of welfare fraud.

-- Child Support: Federal guidelines strive for a minimum collection rate of 80 percent; DSS is at 78.94 percent, well above the state average of 67.20 percent, Rumsey said.

“This unit continues to work to ensure right sized orders are established and appropriate modifications to existing orders is occurring,” he said. “The COVID-19 pandemic caused delays in the operations of this unit as the Child Support Court was temporarily closed.”

Other programs include Home Energy Assistance and Supplemental Nutritional Assistance.

SERVICES

-- Family First: In a move that will save the county money, the state is requiring the local DSS offices to reduce the number of residential placements by 12 percent.

“The Family First initiative is also requiring us to have at least 30 percent of our total foster care population in a certified Kinship (relative) foster home, and we are currently meeting both requirements,” Rumsey reported.

He also said that the Family First Prevention Act reforms federal financing to prioritize family-based foster care, preferably with kin, over residential care by limiting federal reimbursement for certain residential placements.

-- Foster Care: The DSS foster care unit has certified nine new foster homes this year, with three more pending by the end of the year, Rumsey said. Of the nine, three were “kinship” and six were regular foster care. DSS also was able to certify one new cluster foster home, increasing that number to four.

Rumsey said the county saved money this year through a reduction in voluntary agency therapeutic foster care placements and utilizing certified county foster homes.   

-- Preventive Services: Mandated preventive services are provided to assist families and children in meeting their needs and keeping the youth out of foster care placements. Rumsey said that through August, DSS has worked with 222 children with only five being placed outside of the home.

-- Child Protective Services: Through August, DSS has handled 646 cases of suspected child abuse and maltreatment, he said, with investigations taking place within 60 days as mandated by New York State. For September, there were 32 more CPS cases compared to September 2020.

“Moving forward these cases will be harder to determine because there is the movement from needing just credible evidence to having a preponderance of the evidence, which is a higher standard that must be met,” Rumsey advised.

-- Adoptions: DSS assisted in the adoption of four children with expectations that another three will be finalized by the end of the year.  Of the 54 youth in foster care, 10 are freed for adoption, he said.

Rumsey said that 115 children are currently receiving adoption subsidy payments.

The current annual adoption subsidy rates are basic $7,800, special $9,358 and exceptional $12,453.

“The other concern is that once a foster family adopts children, they rarely continue as foster parent resources for other children who are placed,” he said. “Permanency for children often results in shortages of foster parents.”

-- Adult Services: Currently, DSS has 155 Adult Preventive and Protective Services for Adults cases, with 33 of those personal care cases being monitored.

“DSS continues to partner with the Office for the Aging, the District Attorney, the Sheriff and Lifespan in a coordinated Enhanced Multi-Disciplinary Team to work together to assist our elderly Genesee County residents in combating elder abuse and financial exploitation,” he reported.

-- Detention: In 2021, five youths were placed into OCFS State Training Schools, which are very costly to the county, Rumsey said. The current detention rate is $468.17/day.

Photo by Mike Pettinella.

Carrie Anne Clay, 27, of Albion, is charged with burglary 2nd, assault 2nd, criminal mischief 4th. Clay was arrested on a warrant stemming from an incident reported in Byron at 7:28  a.m., Sept. 25, by Deputy Kevin Forsyth and Deputy Rachel Diehl.  It is alleged that Clay attacked another person with a hammer. She was reportedly thrown out of the residence and broke back in and attempted to attack the same person again. The victim sustained minor injuries and declined EMS assistance. Clay was arraigned in Stafford Town Court and held on $5,000 cash bail.

Tamaneeka T. Perez-Smith, 42, of Britton Road, Rochester, is charged with felony driving while impaired by drugs, felony  DWI, resisting arrest, driving without an interlock device, leaving the scene of a property damage accident,  failure to yield to an emergency vehicle, failure to move over for an emergency vehicle, insufficient turn signal, failure to stop at a stop sign, moved from lane unsafely, unlicensed operator. Perez-Smith was allegedly driving erratically on Park Road in the Town of Batavia and fled from a patrol attempting a traffic stop. She was taken into custody by Deputy Nicholas Chamon and issued an appearance ticket.

Mary Grace Vaughan, 25, of Charlesgate Circle, East Amherst, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely.  Vaughan was arrested by Deputy Zachary Hoy after a report at 12:58 a.m., Oct. 2,  that a vehicle had struck a  guard rail on Main Road in Pembroke.

Colleen Beth Gill, 51, of Spring Road, Alexander, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving without an interlock device, aggravated unlicensed operation 2nd, driving to left of pavement markings. Gill was stopped at 6 p.m., Monday, on Main  Street, Alexander, by Deputy Jeremy McClellan.

Daniel W. Knauss, 52, Pavilion, is charged with assault 2nd, obstruction governmental administration 2nd, resisting arrest, and criminal contempt 2nd. Knauss was arrested by State Police in connection with an incident reported at 3:06 p.m., Sept. 29, in the Town of Pavilion. Knauss was ordered held in jail. No further information about the case was released.

 

The Batavia businessman proposing the development of a 60-unit senior housing complex and eight single-family home building lots in the Village of Le Roy on Monday night offered to pay the lion’s share of the cost to extend East Avenue to make room for those lots.

Toward the end of what turned into a 2 hour and 43 minute public hearing at Memorial Auditorium, Eric Biscaro addressed the need to extend the road – something that Village Mayor Greg Rogers previously had said the village would consider doing.

About 50 people, most of them residents of the East Avenue, Poplar Lane and Orchard Drive area, attended.

Biscaro said he could extend East Avenue by about 1,000 feet to the south for considerably less than the $1 million estimate the village had received, comparing the work to the road he put in at his Clinton Crossings Adult Community development in the Town of Batavia.

Holding a photograph of the road (pictured above), Biscaro said, “The road is perfect and that was put in 15 years ago.”

He pitched the idea of the village contributing $26,000 for stone and gravel plus the time involved in trucking the material toward the construction of the road, which he said would be 24 feet wide. It would extend south to a point where an access road or emergency exit could be carved out on South Avenue, connecting to South Street.

The village board did not make any commitments last night and tabled a couple resolutions on the State Environmental Quality Review that is part of the requirements before the project can progress.

When asked about the village’s stance on paying for the East Avenue extension, Rogers said that news of a potential Payment in Lieu of Taxes agreement between Biscaro and the Genesee County Economic Development Center changes things.

“(With the PILOT) our recapture (of taxes) is a lot less now,” Rogers said. “That one million (dollars) is not on the table at this point.”

Rogers said that no voting on the project – including the rezoning of the 20-acre parcel to the east of East Avenue designated for the senior housing complex – would take place until an agreement on the road extension is reached.

After Biscaro said that “the project can be done without the road,” Rogers countered by restating the village’s position that it wants single-family homes (as well as the rental properties for those 50 and over).

Mark Masse, GCEDC vice president of operations, spoke first at the public hearing to give details about Biscaro’s application for incentives.

He also reported that the county has a need for 1,400 new single-family homes and market rate apartments over the next 20 years “to keep up with the (projected) growth.”

Concerning the tax abatements, Masse said the project qualifies for sales tax (materials) and mortgage tax breaks as well as a PILOT, which would reduce Biscaro’s tax bill on a sliding scale over 20 years.

Specifically, Masse said, Biscaro would be responsible for 10 percent of total taxes (county, village and school) for the first four years, 15 percent for the next three years, 20 percent for the next three years, 50 percent for the next five years and 75 percent for the final five years. The PILOT does not cover taxes and fees for any special districts, such as water and sewer.

When a resident mentioned that the village would be losing out on tax revenue, Masse said completion of the project would bring in more than what the village is receiving now on the vacant land. He also noted that tenants would pay their own water and sewer bills.

Masse said the GCEDC has approved incentives for similar projects, mentioning The Manor House and DePaul Properties in Batavia, with a difference being that those projects did not have to be rezoned.

The Village Board would have to approve rezoning of the land earmarked for the senior apartments from Residential to Planned Unit Development. The single-family home building lots on East Avenue would continue to be zoned Residential, however, Rogers said.

Residents asked questions and offered opinions on several other pressing issues, most notably the project’s impact on traffic, stormwater runoff, property values, tax implications and housing opportunities – basically the same concerns that were expressed during a public hearing on Aug. 18 at Memorial Auditorium.

TRAFFIC IMPLICATIONS

Andrew Kosa, engineer with CPL (Clark Patterson Lee), reported that by using numbers provided through a traffic study conducted by the Le Roy Police Department, that the project would result in twice the number of vehicles on East Avenue and East Main Street during peak morning and afternoon times.

Still, Kosa said, that would not significantly impact traffic flow, stating that East Avenue traffic would continue to be at a satisfactory level.

This prompted a resident to bring up the “dangerous” situation where motorists are unable to see clearly as they move from East Avenue onto East Main Street, and asked if the Village Board could look into this.

STORMWATER RETENTION

A major topic of discussion, Kosa said CPL’s role “is to ensure compliance,” adding that any water discharge from the project has to be equal or less than what is running off now.

Biscaro’s plan includes a retention pond in the northwest quadrant of the 30-duplex layout (see photo below).

LeRoyan James Gomborone, who owns nearby Mercy Grove and Le Roy Country Club, said his property gets considerable runoff now – and frequent flooding when it rains heavily – and said he wasn’t convinced of the stormwater plan’s effectiveness.

Biscaro responded by saying the water will flow to the north “and be considerably less than it is now or the same when it leaves the property.”

“My responsibility (under the law) is for it to come out the same or less (than it is now),” he said.

Kosa also responded to a question about the East Avenue extension, noting that CPL would have to mitigate any water issues or be subject to being fined by the Department of Environmental Conservation.

Biscaro reported that only 18 percent of the 20-acre apartment complex would be comprised of impervious cover, such as pavement, roofing, etc.

It was mentioned that Biscaro would be open to developing additional building lots on the west side of East Avenue. If so, a separate stormwater plan would have to be devised.

ZONING CHANGE

Resident Tom Condidorio contended that any zoning changes would affect home values, and called out the village board for not listening to its taxpayers.

Rogers responded by saying the overarching plan is to “try to grow the tax base so your property values don’t go down.”

It then was mentioned that another resident put in a retention pond in a different part of the village with duplexes and the average sale of homes in that area increased by 28 percent over assessed values.

TAX IMPLICATIONS

Biscaro read from a spreadsheet that breaks down the tax revenue starting with 2022 and going out to 2047.

He said the village is collecting $400 a year and the Le Roy Central School District is collecting $960 a year on the property as it currently stands, but each entity would collect six times that amount in the first year.

In year 10, with the completion of the apartment complex and new home builds, he said the village would receive $61,500 in tax revenue and Le Roy Central School District would earn $147,600.

All told, Biscaro’s projections show the village receiving $1.5 million in taxes and the school district capturing $3.7 million in taxes over the 25 years.

HOUSING OPPORTUNITIES

A LeRoyan said she was in favor of creating residences for those people 50 and over, noting that “Le Roy residents have no place to go.”

She said her father is 76 and “this would be the perfect place for him.”

“This is designed to be for rentals,” she said. “Some people don’t want to own (their homes any longer).”

Biscaro, responding to calls for the project to be moved outside the village, said, “This is a fabulous location. We want to be in a good place.”

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Moving forward, Rogers said the village board will evaluate Biscaro’s proposal to construct the road, with an eye on possibly making a decision at its Oct. 20 meeting.

Drawing of the 60-unit senior apartment complex, showing the oval-shaped retention pond at upper left, as well as the proposed extention of East Avenue along the left side with eight building lots.

Previously: East Avenue area residents defend their 'jewel' of a neighborhood at public hearing on Le Roy development

Over the past nine years, William Joyce has built a reputation as the go-to guy – the person with the knowledge and skill to provide answers and direction to former armed forces members in his role as director of the Genesee County Veterans Service Agency.

Joyce, (photo at right), who served in the Army for 40 years, retiring as a sergeant major following tours of duty in Bosnia, Iraq and Afghanistan, not only assists county residents, but on a regular basis is called upon to help those across New York and in neighboring states.

While he said he’s not retiring as the GCVSA leader in the next few months, Joyce said he is thinking about it and desires to impart some of his wisdom and know-how to a veteran willing to serve the agency in a part-time role.

“I want to teach what I have done – the broadcasting and the networking that I’ve done – to teach he or she what I do,” he said.

Unfortunately, he told the Genesee County Legislature’s Human Services Committee this afternoon that he hasn’t been able to find someone eligible and qualified yet to be his right-hand man or woman.

Joyce, responding to a request for an update on the part-time position from Legislature Chair Rochelle Stein, said he had two applicants but they didn’t meet the qualifications, and he hasn’t had any more applicants since.

“It’s still being advertised, but they’re not knocking down the door to get in,” he said.

The county has put out the call for an assistant since June, County Manager Matt Landers said, adding that the prospective employee must be a veteran and meet other criteria. The 19 ½-hour per week job is in the county’s budget.

“We have a succession plan in place but so far, no luck,” Landers said.

Recently, Joyce was elected president of the Western New York National Cemetery Memorial Council, which is set up to raise funds and solicit donations in support of the cemetery, which is located at Route 77 and Indian Falls Road in the Town of Pembroke.

Joyce said that 638 burials have been performed since the cemetery’s opening last December.

He reported that the council, a nonprofit organization, established the “Avenue of Flags” in which families donate their burial flag of a veteran to be flown at the entrance driveway on 26 flag poles (also donated) from May through Veterans Day each year.

The WNYNC is one of only three VA National Cemeteries authorized for this display, Joyce noted.

“What better honor can you give veterans who are coming in for their last services to have their interment flags of veterans that passed and are buried there?” he said. “It’s an awesome sight and pictures don’t do it justice.”

Joyce reported that the Veterans Service Agency office had 4,464 contacts and provided 5,521 client services over the past year, and completed 136 veterans’ property tax exemptions. He said the latter number is bound to increase due to the returning active duty reservists/guardsmen.

He said the agency’s relationship with the county’s Department of Social Services is working out as DSS referred 58 people to the agency, resulting in 25 veterans and/or widows gaining access to federal benefits from the Department of Veterans Affairs.

“This results in a greater reduction in the cost of local Medicare benefits,” he advised.

In another development, he reported that 48 veterans have graduated from the Veterans Mentorship Program, a restorative justice program for those who have been in trouble with the law.

“If there’s a veteran that has been arrested for drugs, alcohol or driving while intoxicated, they have a choice to attend a special treatment court and they have to go through a program (which lasts up to a year),” he said. “If they graduate successfully, they can come out with a lesser charge than what they originally were charged with.”

He said the program has been very successful as indicated by a large number of graduates who now have become mentors to others.

The agency’s office hours are 8:30 a.m. to 5 p.m. Monday through Friday. For an appointment or more information, call 585-815-7905.

As would be expected, the superintendent of the Oakfield-Alabama Central School District is keeping a close eye on the fire protection dispute between the Village and Town of Oakfield.

“I’m hesitant to throw the District into the mix of this debate. However, I am very concerned about the suggestion of not responding to an emergency call here if it was on our campus,” John Fisgus said today in response to an email from The Batavian.

As reported as part of an update to a story on Sept. 28, Sean Downing, chief of the Oakfield Volunteer Fire Department, indicated that the fire company has been in contact with its attorney regarding the situation.

Downing said that if the disagreement over money that Village Mayor David Boyle said is owed by the town isn’t settled by a Nov. 30 deadline, the fire department, “by written order of the mayor or the board of trustees of the Village of Oakfield, we will not be able to respond into the town, which includes the elementary and the high school.”

Contacted today by telephone, Boyle said he has not heard recently from anyone representing the Town of Oakfield – neither Supervisor Matt Martin or the town’s attorney. Martin has indicated that the matter has been turned over to the town’s lawyer.

Previously, Boyle said the village is suing the town in an attempt to secure $78,648 that was charged to the town for fire protection provided by the village during the 2020-21 fiscal year. The village also said it would withhold fire protection from the town if the bill isn’t paid by Nov. 30.

The village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street, Boyle said.

Fisgus concluded his brief statement with words that likely mirror what Oakfield village and town residents are thinking:

“I hope there is a resolution soon and both the town and village can come to an agreement,” he said.

Previously: Village of Oakfield threatens lawsuit, withholding fire protection over payment dispute with Town of Oakfield

Genesee County could receive around $1 million to battle the opioid epidemic in funding from New York State’s legal settlement with various manufacturers and distributors which have been deemed responsible for perpetuating the opioid crisis.

Attorney General Letitia James announced today that she will be embarking upon a “HealNY’ tour to dole out up to $1.5 billion to all regions of the state. All 62 counties in New York will receive funds from the settlements.

CLICK HERE for today’s press release from James’ office.

Genesee County Manager Matt Landers reacted to the news that the county is in line to get anywhere from $597,359.78 to $1,043,594.62.

“We will be meeting internally and with related agencies to better understand where we should put those monies and what limitations there are to those monies, so hopefully we will have a plan relatively soon,” he said. “It’s quite a large range so, until we know better what the exact amount is, that is going to drive what we want to fund.”

Landers said he will set up meetings with stakeholders such as Genesee County Mental Health and Genesee/Orleans Council on Alcoholism and Substance Abuse, Genesee & Orleans Public Health and law enforcement “to set up a game plan where we can get the most bang for the buck.”

He also noted that the Genesee-Orleans-Wyoming Opioid Task Force already is receiving some grant money but suggested that this new influx of funding could be used to keep that initiative going for a longer period of time.

Per James’ press release, the Finger Lakes Region is expected to receive between $28,886,077.70 and $52,744,110.35 with other GLOW Region counties set to receive as follows:

• Livingston County: $570,600.77-$996,846.31;

• Orleans County: $347,049.64–$606,299.83;

• Wyoming County: $346,041.37–$604,538.38.

Quarterback Ryan Whitney ran for one touchdown and passed for another Friday night to lead Geneseo/Mount Morris to a 14-6 victory over visiting Notre Dame in Section V varsity football action.

The 6-2, 190-pound junior opened the scoring with a 9-yard scamper on a first-and-goal play late in the first quarter and then found junior wide receiver Eghosa Okpefe in the end zone for the two-point conversion to make it 8-0.

The Blue Devils, 3-2, upped their lead to 14-0 with just 16 seconds remaining in the half when Whitney launched a deep pass that was on the money to Okpefe, who had raced behind the secondary and sprinted untouched into the end zone. A pass for the two-point conversion fell incomplete.

Notre Dame, 1-4, had the ball in Geneseo/Mount Morris territory throughout the opening half but three potential scoring drives were thwarted by an interception by lineman Giovanni Provo, Fighting Irish quarterback Jimmy Fanara being stopped just short of a first down at the 20-yard line and a dropped pass around the 10-yard line.

The Fighting Irish offense broke a nine-quarter scoring drought late in the third period when, on a first-and-10 play at the Geneseo/Mount Morris 46, Fanara connected with sophomore wide receiver Ryan Fitzpatrick for a touchdown.

Fitzpatrick hauled in the pass, put a fake on the defender around the 20-yard line and beat the defense to the end zone. A run for the two-point conversion was unsuccessful.

Notre Dame got the ball back right away when Jay Antinore intercepted a Whitney pass at midfield.

A 25-yard run by Evan Cummings moved the ball to the Geneseo/Mount Morris 30, but a holding penalty negated another nice gain by Cummings, and the drive stalled.

Cummings came up with interceptions on consecutive Blue Devils’ possessions to start the fourth quarter – the second one giving ND the ball at the home team’s 39.

On offense, Cummings picked up 13 yards on three runs before Geneseo/Mount Morris’ defense stiffened. Two incompletions and a short gain on fourth-and-20 turned the ball over the Blue Devils, who – with Whitney carrying the load – ran out the clock.

Whitney ran the ball 24 times for 80 yards and completed six of 19 passes for 127 yards, one TD and three interceptions. Okpefe had three receptions for 90 yards and the touchdown.

For the Irish, Cummings rushed for 56 yards on 11 carries and Fanara gained 60 yards on eight attempts, including a 40-yard scamper late in the first quarter. Fanara was 6-for-21 passing for 68 yards and a TD.

On defense, Camden King recovered a muffed punt.

The Irish will host Alexander at 1 p.m. Saturday as part of the school’s Homecoming.

Activities include a “celebration of life” in honor of the late Ricky Mancuso Jr. (Class of 2005) at noon, prayer service led by Walter Szczesny (Class of 1976), halftime ceremony renaming the football field in honor of the late coach Bill Sutherland and a reception hosted by the Sutherland family at T.F. Brown’s Restaurant following the game.

The Sheriff's Office is looking for the public's help in identifying two people suspected of stealing more than $1,000 in Buffalo Bills merchandise from Dick's Sporting Goods in Batavia.

The theft occurred on Sept. 12.

The suspects reportedly left in a light blue Honda Odyssey with no visible license plates. 

Information, including anonymous tips, can be phoned into the Sheriff's Office at (585) 343-5000 or by contacting Investigator Ryan DeLong at (585) 345-3000 ext. 3572

Although word of a $700,033 award from the Statewide Interoperable Communications Grant program came much later than expected, news that the funds have been released will allow Genesee County to receive reimbursement of expenses connected to a major communications tower project in the Town of Attica.

“The … award was anticipated as part of our 2021 Communications operational budget and our Molasses Hill Public Safety Communications Tower Capital Improvement Project,” said Steven Sharpe, director of Emergency Communications for the Genesee County Sheriff’s Office. “We received the award letter from the State of New York (on Thursday), and we plan to present a resolution to the (Genesee County) Legislature to accept the grant.”

Sharpe, responding via email from The Batavian, said the performance period of the grant began on January 1^st of this year.

In March, prior to the release of the funds, he requested a reallocation of $301,833.67 in unexpended money and unanticipated revenue from the county in the form of a resolution – which eventually was passed – to advance the public safety capital project that included the building of a communications tower on Molasses Hill Road (located just over the Wyoming County line).

Sharpe said the county has “current eligible expenditures that we will seek immediate reimbursement upon approval of the grant contract with the State.”

“The expenditures included tower heating, ventilation and air conditioning repairs; microwave line dehydrator replacements; microwave ​power plant replacements; tower lease payments; tower utilities; public safety radio system maintenance, and costs associated with the new tower.”

The grant was authorized as part of the 2019-20 fiscal year state budget, Sharpe said, and “brings (the county) up to date on existing costs.”

He said he will work with the state to expedite funding for 2022, using the 2020-21 fiscal year SICG – Formula authorization.

The three other GLOW counties received funding from this grant as well, with Livingston getting $612,806; Orleans $526,529 and Wyoming $422,761. All told, the state released $45 million in SICG grants during this cycle.

According to a press release from the state:

This funding will enable local governments to expand their ability to communicate, exchange valuable data, and streamline information to enhance collaboration and assist first responders.

The SICG, which is administered by the Division of Homeland Security and Emergency Services, has awarded $472 million to municipalities over nine rounds since December 2011. The grant is formula based and funded by cellular surcharge revenue.

The program has allowed counties to make vital improvements in the way first responders can communicate between each other and different regions of the state using land mobile radio systems.

Submitted photos: Views of the Molasses Hill Tower.

Previously: Reallocation of funds moves Genesee's public safety communications tower project forward

Early confidence in the COVID-19 vaccine’s effectiveness has kept The Manor House free from any health problems for residents and staff alike, according to the administrator of the upscale assisted living facility at 427 East Main St.

“All of our staff were really confident in the vaccine in the beginning so most of us were already vaccinated,” Kristin Cronk said on Thursday. “We had a very high vaccination rate to start with so fortunately for us it has not affected our staffing.”

All of the building’s 65 residents and all but two of the 50 employees have received the vaccine, she said, “and we’re working on the last two right now.”

“Vaccination-wise we’re doing really well. We’ve never had a COVID case to date in this building,” she added.

Cronk said The Manor House is experiencing the same staffing issues that similar agencies are experiencing, but noted they are not related to the vaccine mandate.

When asked about applying for financial relief from New York State, she said she is looking into that.

“Relief is something that many of the buildings are advocating for, especially because a lot of the employees, us included, had to cover the cost for their testing – when we did have to do testing for so long,” she said. “That’s something that is very important to us but we haven’t gotten very far on that yet.”

Human Resources Director Renee Arieno commended The Manor House team “for keeping our residents safe.”

“We’re really fortunate that we’re not experiencing the hardships that others are with the vaccine mandate,” she said.

A private-pay facility, The Manor House offers 89 studio, one-bedroom and two-bedroom apartments, which are rented on a monthly basis. Employees include licensed practical nurses, aides, receptionists, cooks, housekeepers, servers and security.

Currently, 12 apartments are available, Cronk said.

Renovation of the commercial building at 39-43 Jackson St. in Batavia's Downtown Business Improvement District has begun, with Thompson Builds of Churchville as the general contractor. Supported by a Building Improvement Fund grant through the state Downtown Revitalization Initiative, work includes building out storefront entrances flush to the face of the building, replacing windows, installing exterior down lighting on the face of the elevation, removing existing ridged canopy projections and installing new retractable fabric awnings. 

Photo by Mike Pettinella.

Previously: County planners to consider site plan for renovations at 39-43 Jackson St.

The chief medical officer at Rochester Regional Health today said that due to nursing home admission limitations as many as 80 patients who are ready to be transferred to long-term care facilities or rehabilitation centers are stuck in the system’s hospitals.

“There are, on any given day, in our … hospitals, a combined 60 to 80 patients in this category,” Dr. Rob Mayo said. “So, it is a considerable number.”

RRH is an integrated health care system with nine member hospitals, including United Memorial Medical Center in Batavia.

Mayo (photo at right) took part in a video press conference with Adam Bello, Monroe County executive; Dr. Michael Mendoza, Monroe County commissioner of public health, and Dr. Michael J. Apostolakos, chief medical officer at University of Rochester Medical Center Strong Memorial and Highland Hospitals.

The session focused on the vaccine mandate imposed upon health care workers by Gov. Kathy Hochul and its effect on staffing at hospitals and nursing homes, as well as the situation in schools and delays in receiving care at hospital emergency rooms.

Mayo said RRH is working with the other health systems and community partners to alleviate the hospital-to-nursing-home logjam.

“What we do is continue to care for them, and we continue to look for options,” he said. “We work with our partner home care agencies … but, by and large, it is a challenge to do this.”

All three doctors emphasized that employee vaccination rates at their hospitals are very high – up to 99 percent at RRH and URMC locations – but acknowledged that lower levels at nursing homes are causing significant problems.

“Among nursing home staff not all staff fit into the same categories,” Mendoza offered. “When you look at the positions, the nurse practitioners who work in the nursing homes, the vaccination rate is like among other positions – upwards of 99 percent.

“What we’re seeing among other staff, particularly the nurse aides and CNAs (Certified Nursing Assistants) and so forth, their vaccination rate more appropriately parallels the demographic from which they are representing. So, if many live in the city (of Rochester), their vaccination rate as a population is roughly the same as the vaccination rate that we’re seeing in the city.”

Mendoza called it “an absolute concern … that represents a disparity in care and health access that we’ve been seeing all across this pandemic. It is a very important problem.”

He said nursing homes are limiting the number of admissions from the hospitals in order to “keep appropriate ratios in place.”

“Right now, unfortunately for the rest of the health care system, they’ve decreased their admissions, which is creating a bottleneck, if you will, across the entire system.”

Apostolakos said the nursing home issue has resulted in the inability to transfer 55 patients in the URMC system – almost 10 percent of its inpatient capacity.

“… those patients are still taking up acute care beds in our acute care hospital,” he said. “It is causing a significant percentage of our beds to be taken up and, therefore, making it more difficult to get patients through the emergency room and into our hospital, and to accept transfers into our facility.”

 HIGH PERCENTAGE ARE VACCINATED

Mayo said that as of Monday, more than 99 percent of RRH employees are vaccinated, with less than 1 percent placed on administrative leave because of their unvaccinated status. He also said that a small percentage requested religious or medical exemptions – and those were granted in compliance with New York State regulations.

Those employees who do not qualify for an exemption and refuse to get vaccinated will be terminated sometime in the morning of Oct. 3 (this Sunday), he reported.

“Despite the successes with this vaccination mandate and regulation, we do have understaffed areas,” he said. “Many people are working overtime. We have patients in our hospitals awaiting discharge and we pleased to participate in a community-wide effort to create solutions for hospitals and for nursing homes … so we can all move patients into their appropriate environments as quickly as possible.”

He also said RRH is participating in efforts to managing strains on pediatric practices and the impact of COVID in schools.

Apostolakos said that more than 96 percent of URMC employees have been vaccinated, another 3 percent received religious exemptions and less than 1 percent elected to resign their positions.

“The not so good news,” he said, is the increasing number of COVID cases.

Sixty-nine patients at Strong have COVID, with 15 of those on a ventilator, he said, and another 84 are at other URMC facilities.

“That number continues to increase,” he said, adding that most of those patients are unvaccinated.

He pleaded with the community “to get vaccinated for yourself, for your family, for your community and for our health care workers that have been under stress and strain for the past 18 months.”

Bello said 93.8 percent of workers at Monroe County Hospital are vaccinated, with 61 employees not vaccinated, seven receiving exemptions and one who has resigned.

He said the unvaccinated workers have been placed on unpaid administrative leave for three months, but would be welcomed back if fully vaccinated.

The county executive said employees are working under stressful conditions and that he was disheartened to see people protesting in front of hospitals.

“The patients inside are sick; they’re seeking care. The health care providers are working long hours, under considerable stress. Neither patients nor health care workers deserve the disdain and anger that’s being targeted towards them and where they work,” he said.

MENDOZA: STUDENT ILLNESS INCREASES

Mendoza spoke about situation in schools, noting that they are seeing an unseasonal increase in Respiratory Syncytial Virus or RSV, which causes mild symptoms in school age kids but can be serious for infants, toddlers and older adults.

Also, a growing number of school age children who have contracted COVID-19, he said.

Per state Department of Health guidelines, the only authorized tests are the NAT and PCR tests, he said, and not the rapid antigen tests due to Monroe County’s “high” transmission status.

He said health officials are working with schools to increase testing capabilities, a procedure that is also taking place in Genesee County.

“Do not send your sick children to school. Make sure they are properly masking and follow all of the other safety protocols in place … and if they are eligible, please get them vaccinated,” he said.

EXPECT DELAYS IN THE EMERGENCY ROOM

Both Apostolakos and Mayo said that for the immediate future, delays in the emergency rooms, waiting rooms and even some urgent care centers are inevitable.

The emergency department has a triage process, with priority is given to patients depending upon severity of illness or injury, Apostolakos said, “so the wait could be several hours.”

“We encourage our patients to call their primary care providers to seek health care at urgent care if their illness is less severe,” he advised.

He also said URMC is pausing temporarily some elective surgeries where hospital stays are necessary to ensure there is enough space for patients admitted with COVID and other non-COVID illnesses.

Mayo said RRH emergency rooms and urgent care facilities have been crowded over the last couple weeks.

“It’s disappointing to acknowledge … but waits in our emergency rooms can be long; they can be several hours,” he said.

Many outpatient services have been unaffected, he said, but RRH hospitals are limiting some elective surgeries, primarily at Rochester General Hospital.

Tylur Tyshawn Harper, 27, of Byron Holley Road, Byron, is charged with criminal mischief 3rd and criminal obstruction of breathing. Harper is accused of breaking the rear window of a vehicle and applied pressure to the throat of another person during a disturbance at a location on Swamp Road in Byron at 10:42 p.m., Wednesday.  Harper allegedly fled the scene on foot following a traffic stop by Deputy David Moore and was later located by Sgt. Mathew Clor and Trooper Ruckdaschel and Trooper Serio  on Byron Holley Road with the help of tracking from  Swamp Road by Batavia PD Officer Stephen Quider and K-9 "Batu."  Harper was arraigned in Town of Batavia Court with an order of protection issued.  Harper was released on his own recognizance.

Elizabeth Christine Lambert, 26, of Swamp Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Lambert was stopped at 10:42 p.m., Wednesday, on Swamp Road, by Deputy David Moore.

Wendy Marie Rivera, 56, of Redwood Avenue, Albion, is charged with stalking 4th and harassment 2nd. Rivera is accused of stalking and harassing another person while following that person in a car on Clinton Street Road in Stafford.  Rivera was located and arrested by Deputy Kenneth Quackenbush.

Vaccination rates for United Memorial Medical Center employees are right around the 90 percent mark as hospitals and other facilities around the state contend with Gov. Kathy Hochul’s Sept. 27^th mandate requiring health care workers to get vaccinated or risk losing their jobs.

According to statistics on the New York State COVID-19 vaccine website -- www.covid19vaccine.health.ny.gov, 94 percent of workers at UMMC’s Bank Street campus have been vaccinated compared to 89 percent at UMMC’s North Street campus.

UMMC is part of Rochester Regional Health System, which is showing a 90 percent vaccination rate for all of its employees – a percentage point less than data for Strong Memorial Hospital University of Rochester Medical Center.

(Watch for an update later today).

The percentage of hospital workers vaccinated in the Finger Lakes Region is 90 percent, with Genesee and Orleans counties at 89 and Wyoming County at 90.

These figures are calculated from the number of hospital staff eligible for vaccination and the number completing the recommended series of a given COVID-19 vaccine product (e.g. 2 doses of the 2-dose Pfizer or Moderna vaccine or 1-dose of the 1-dose Johnson & Johnson vaccine), per the state website.

Statistics for nursing homes and assisted living facilities reveal the following for Genesee County (as reported by the individual facilities as of Sept. 27):

Nursing homes:

• Le Roy Village Green – Residents’ complete dose: 92.7 percent; Staff complete dose: 83 percent.
• Premier Genesee – Residents’ complete dose: 90.3 percent; Staff complete dose: 92.4 percent.
• The Grand – Residents’ complete dose: 91.4 percent; Staff complete dose: 90.7 percent.

Assisted living:

• Genesee Adult Home – Residents’ complete dose: 94.5 percent; Staff complete dose: 72.7 percent.
• Le Roy Manor -- Residents’ complete dose: 97.2 percent; Staff compete dose: 92.3 percent.
• The Manor House, Batavia – Residents’ complete dose: 100 percent; Staff compete dose: 93.6 percent.

Calls seeking comment from the administrators at the nursing homes listed above were not returned at the time of the posting of this story. Samantha Vagg is the administrator at Le Roy Village Green, Sharon Zeams is the administrator at Premier Genesee and Timothy Srye is the administrator at The Grand.

All told in Genesee County, skilled nursing facilities vaccination rates as of Sept. 28 were 94 percent for residents and 90 percent for workers and adult care facilities vaccination rates as of Sept. 28 were 97 percent for residents and 87 percent for workers.

REPORT FROM GOV. HOCHUL

On Wednesday, Hochul said that 92 percent of hospital and nursing home workforce have gotten at least one dose of a Covid vaccine, and 89 percent of adult care facilities employees have received at least one dose.

Based on total number of hospital employees in the state, an 8 percent unvaccinated rate equates to more than 41,000 who have not received at least one dose. As a result, the governor’s staff is monitoring the impact of her mandate, with the possibility of bringing in health care workers from out of the state or even from other countries.

The Genesee County Legislature, along with about seven other counties in the region, has sent a letter to the governor asking for her to include a coronavirus testing option for health care workers.

“I fully support the legislature’s position … to ensure that we didn’t have any lapse in service,” County Manager Matt Landers said today. “It’s a common sense, logical approach to the situation at hand. Obviously, we’d like to see as many people vaccinated as possible, but at the end of the day, we can’t jeopardize the care of our sick and our elderly because of the mandate.”

DATA FOR GENERAL PUBLIC

Latest statistics (as of Sept. 29) also show that 56.1 percent of Genesee County residents age 12 and over are fully vaccinated, which is less than the 63.6 percent for all New York state residents.

By zip code (as of Sept. 28), these are the percentages of those fully vaccinated:

• Batavia – 50.4
• East Bethany – 38.8
• Alexander – 44
• Basom – 44.4
• Oakfield – 45.3
• Byron – 48
• Corfu – 49.6
• Darien Center – 51.1
• Pavilion – 53.8
• Bergen – 55.3
• Le Roy – 56.5
• Stafford – 65.5
• Elba – 73.6

In the Finger Lakes Region, the total number of people with at least one vaccine dose has increased over the past week by 7,695 to 760,752, and the total number of people with the complete vaccine series has increased over the past week by 5,590 to 706,944.

BOOSTER SHOT STATUS LOCALLY

Nola Goodrich-Kresse, public health educator, reported that the Genesee Orleans Health Department has set up clinics for those eligible for booster shots, beginning next week.

“Boosters are offered during the regular clinic day with the only difference being registration is required for boosters,” she said.

The booster shot schedule, for those 65 and older who became fully vaccinated with the Pfizer vaccine at least six months ago:

• Oct. 6 from 12:45 to 3:30 p.m., Genesee County Health Department, 3837 West Main Street Rd., Batavia;

• Oct. 7, from 12:45 to 3:30 p.m., Orleans County Health Department, 14016 State Route 31, Suite 101, Albion.

These shots are administered by appointment only.

If not for a flooded basement many years ago, today’s grand opening of Ellicott Place and City View Residences at 45 Ellicott St. likely would have never taken place.

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For a look at the apartments, click on the link at the bottom of this story.

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Speaking to a gathering of about 40 people in front of the entrance to the second-floor apartments above the Save-A-Lot store, Vito Gautieri, founder and chairman of VJ Gautieri Constructors Inc., recalled circumstances that took place not long after the completion of the building in 1968.

“We built this building … owned it with the bank,” Gautieri said. “Montgomery Ward had a 25-year lease when we got done with this. What you see upstairs – the second floor – that was not supposed to be there.”

Then, he pointed to a car parked to the west, in an area toward the front of Batavia Tailors & Cleaners, which his company built and his late brother, Vin, owned for many years.

“That (location of the Montgomery Ward storage and warehouse) was supposed to be in the cellar (of this building). All of a sudden we came back after the weekend (and it was) like a pool – full of water,” he said. “We had pumps going for hours and days, and nothing.”

Gautieri said an engineer was called to inspect the damage.

“He comes over. We had to stop construction. In a week’s time, they had the second floor up,” he continued “That’s why this project … From the day one that I got this project, I knew we were going to do something with that on the second floor.”

After noting that his son, Victor, had thanked all those associated with the completion of one of the City of Batavia’s Downtown Revitalization Initiative ventures, he said, “That without the help from New York State, this would never had been possible.”

Indeed, Victor Gautieri, company president, moments before did thank the people and agencies that contributed to the construction of 10 apartments on the second floor along with the development of first-floor storefronts and building-wide façade improvements. It is a $3.1 million project, supported by $1.15 million in DRI funding.

“VJ Gautieri Constructors with the help of governmental agencies, professionals, contractors, skilled workers and the like have given new life to an aging building,” Victor Gautieri said. “It wasn’t an easy task. We started the project in the middle of a pandemic, which created a lot of obstacles. Supply chain issues and cost increases forced us to re-evaluate nearly every aspect of the project on a daily basis.”

He pointed out that his team “was up to the task – upgrading and modernizing nearly aspect of the property as well as creating 10 well-appointed, elevator-serviced apartments that are filling the downtown Batavia housing need.”

“We currently have eight of those apartments rented and the other two will be rented very shortly.”

Victor Gautieri’s “thank you” list started with his father, “who through his forward thinking many years ago had a vision of the building’s transformation (drawing a round of applause).”

“Next is David Rowley, project manager, through his dedication, expertise and problem-solving that we were able to make it to the finish line,” he said.

He also commended Dan Seeler of Seeler Contracting, Inc., of Holley, and Lenora Page, owner, Flower City Monitor Services, for their efforts, as well as his wife, Julie, and sister, Valerie, for assisting with the interior décor and rental process, respectively; Mark Dean of Dean Architects, and Frank Cipriano of Upstate National Bank.

Victor Gautieri thanked the City of Batavia for “an excellent job” preparing the DRI grant application, to the Genesee County Economic Development Center for providing "much needed: financial assistance, and John Hedlund, owner of Save-A-Lot for his “continued commitment to downtown Batavia,” noting that Hedlund just renewed a long-term lease.

Other speakers included Assemblyman Steven Hawley, Senator Edward Rath, City Council President Eugene Jankowski Jr. and Genesee County Legislature Chair Rochelle Stein. Batavia Development Corp. Director Brett Frank facilitated the proceedings.

Assemblyman Hawley:

“All you have to really do is look around, behind you and to your left and right, and this is downtown Batavia. And we’re here to talk about revitalization – not just for businesses but for great living, affordable apartments that the Gautieris have worked long and hard to see come to fruition.

“Affordable housing is extremely important for businesses to be able to survive and succeed, and today’s open house is going to be a step in the right direction. If you’re looking for clothing or (prescription) drugs or insurance or banks, there are lots of places to choose from. And the folks who live here and other places in downtown Batavia will be the benefactors of living right here in the beautiful City of Batavia.”

Senator Rath:

Noting that eight of the 10 residences are already rented, he said, “That goes to show you that is already a destination right here in the City of Batavia.”

“This is the hub of economic activity and investment that is happening right here in the great City of Batavia. (On a tour of the city with City Manager Rachael Tabelski), he was able “to hear first-hand the vision and the strategy and the approach to bringing the City of Batavia further along in the 21^st Century."

“This is a tremendous investment for this community. This is where you want to have people living and working and spending their time and recreation is right here in the City of Batavia.”

Rath said he serves on the Cities II Committee in the State Senate.

“There used to be just one Cities Committee and you can all guess where all the attention was paid for the Cities Committee in New York State. It was New York City. That’s all they did was prioritize policies and legislation to benefit New York City.

“This year, we brought about the Cities II Committee to focus on and prioritize all of the other cities across New York State. We are going to carry the issues, needs and concerns of all of our upstate cities back to Albany to create policies, procedures and regulations that are city-friendly outside of … New York City.”

City Council President Jankowski:

“It’s no secret that this building needed to be repurposed for many years, and it’s going to have a serious positive economic impact on our community. But not only that, it’s going to create 10 homes for people that can live downtown and enjoy the benefits of living downtown. The fact that eight apartments are already rented so quickly is a sign that we need more of these type of apartments in our community.”

Mentioning that he lives on the city’s southside, he acknowledged Victor Gautieri’s perseverance through the COVID-19 pandemic, and said, “I’m proud to go by everyday and I smile when I see the transformation that took place.”

Legislature Chair Stein:

Thanking the Gautieri family, she drew a round of applause when saying that “family business today is important in Genesee County and we honor you and your work today.”

She also thanked the DRI committee members for their hard work and “the constant conversations that you had to ensure that these projects would make it through and actually get through to completion. Your work is most incredible and you saw the future that is here today.”

“For the rest of us, the City View (Residences) is an absolutely wonderful name because there will be sunrises and there will be sunsets that people have in their homes – and homes that people didn’t have before. They are our workforce. These are the folks that are putting down roots in Batavia and congratulations to all of them.”

Photo at top: Taking part in the ribbon cutting at City View Residences are, from left, Vito Gautieri, David Rowley, Victor Gautieri, Senator Edward Rath, Assemblyman Steven Hawley, Lenora Page and Eugene Jankowski Jr. Photos at bottom: Vito and Victor Gautieri as Rath and Jankowski look on; Rath at the podium. Photos by Mike Pettinella.

Previously: A first look: City View Residences (aka Ellicott Place) on the second floor of Save-A-Lot building

Robert C. Paris, 31, of West Lee Road, Albion, is charged with felony DWI,  moving from lane unsafely, aggravated unlicensed operation, refusal to take a breath test, and leaving the scene of a property damage accident. At 11:40 p.m., Tuesday, deputies were dispatched to a residence on  Downy Road in the Village of Oakfield for a possible domestic dispute. While en route, deputies were notified that a male suspect had fled the incident location in a vehicle and was heading south on South Pearl Street.  A few minutes later, Deputies located a vehicle that had crashed into a utility pole and had come to rest in a field. The driver had left the scene.  After an investigation, deputies Zachary Hoy and David Moore arrested Paris. He was also charged with no or inadequate lights and speed not reasonable and prudent. He reportedly has two prior DWI convictions in the past 10 years. He was arraigned in Town of Batavia Court and issued an appearance ticket.

Erik Robert Motquin, 39, of West Main Street, Batavia, is charged with petit larceny. Motquin is accused of switching price tags on items at Walmart in order to pay less for certain items. He was issued an appearance ticket.

Joshua Edward Wayne Sager, 31, of Washington Avenue, Batavia, is charged with DWI, Aggravated DWI (child passenger), aggravated unlicensed operation, endangering the welfare of a child, and running a red light.  Sager was stopped at 10:22 p.m., Sept. 18, on Veterans Memorial Drive, Batavia, by Deputy Trevor Sherwood.

Update: 9:00 p.m., Sept. 28

Sean Downing, chief of the Oakfield Volunteer Fire Department, left a phone message stating that he is "hopeful that both parties can come and resolve their differences before the November 30th deadline."

"If not, then by written order of the mayor or the board of trustees of the Village of Oakfield, we will not be able to respond into the town, which includes the elementary and the high school -- and that is per consulting with our attorney, Mark Butler."

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Update: 5:50 p.m., Sept. 28

Oakfield Town Supervisor Matt Martin called back to The Batavian, but didn't not want to elaborate other to say that the matter is in the hands of the town's attorney.

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The Village of Oakfield is preparing to take legal action against the Town of Oakfield – as well as threatening to withhold fire protection – if the town does not pay the nearly $80,000 it owes to the village as directed by a longstanding joint municipal agreement for such services.

That’s the message conveyed by Village Mayor David Boyle during an interview on Monday with The Batavian.

Boyle said a letter articulating the village’s position is being included in residents’ water/sewer bills this week.

The mayor said the dispute centers upon the town’s refusal to pay $78,648 owed to the village for the 2020-21 fiscal year ending May 31.

Contending that the town is “holding the village hostage” in hope of renegotiating the shared services arrangement, Boyle said the village board has instructed its attorney to file a lawsuit to recover the 2020-21 payment. He also said the town has yet to pay for the first three months of the 2021-22 fiscal year.

The letter, which also is signed by Deputy Mayor John Igoe and Trustees Michael Cianfrini, Michele Graham and John Mullen, states, in part:

“The Village Board is united in recognizing that the village cannot burden village residents and businesses with providing fire protection to the town without reimbursement. Therefore, the board has directed a letter be sent to the Town stating that effective Nov. 30, 2021, the Village will no longer be able to provide fire protection to the Town with the exception of the Oakfield-Alabama Central School.”

Boyle said the village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street.

“The town buys services (coverage) from us,” he said. “For years and years, we’ve had an agreement with the town about purchasing fire protection from the village. For as long as I remember, there have been contracts in place that basically are the same structure year after year after year.”

The current structure has the village paying 42 percent of the cost and the town paying 58 percent. Boyle said that the town is looking for a 50/50 split.

While that may seem equitable on paper, Boyle said, when broken down by assessed valuation, village residents pay $1.62 per $1,000 of assessed value in taxes while the town residents pay 60 cents per $1,000 of assessed valuation in taxes.

“Our village residents have to work twice as hard to pay their bill, yet the town is saying we don’t find what you’re charging acceptable and we want to move some of that cost over to the village,” Boyle said. “They’ve held back the payment to force us to make an agreement that we don’t believe we can do in the best interest of the village residents and providing a sustainable fire service.”

Per the 2020 census, the Town of Oakfield has 3,145 residents, with 1,812 of those people residing in the village.

Boyle said the fire department budget is around $175,000 including Workers’ Compensation premiums that the town traditionally has paid and liability insurance that the village traditionally has paid. The fire protection agreement is based on $135,600, with the village responsible for $56,952.

He also said this hasn’t been an issue in the past.

“Two years ago, committees got together for budgeting the fire department – looking at the long range plan and controlling costs as much as we could while also being able to sustain it over the years,” he said.

Boyle said both municipalities are required by law to provide fire protection to its businesses and its residences.

“They (the town) knew what their bill was going to be and they’ve gone out and collected tax money for that, but they haven’t signed a contract for the fiscal year that passed, even though they have collected money from the taxpayers,” he advised. “It’s escalated as it has gone on the past 15 months, but what they are saying is that it’s too expensive and they have to drive their costs down.”

He did say that there is no signed contract for 2020-21.

As far as legal action, Boyle said one of the trustees contacted the state Comptroller’s office, and the village board feels good about its chances of winning a lawsuit.

“We feel the town knew what the bill was going to be, they collected taxes on it and we provided a service in good faith. Plus, they never contacted us, saying we shouldn’t be doing that because we don’t have a contract. We’re confident that we would prevail in a lawsuit because of those reasons.”

Boyle mentioned that five fire calls over the past year or so have been structure fires in the town and, as required, the village fire department volunteers responded.

A call this morning seeking comment from Oakfield Fire Chief Sean Downing has yet to be returned.

Oakfield Town Supervisor Matt Martin has yet to respond to email and phone requests for comment.

Meeting minutes from the June 8^th Town Board meeting indicate the agreement with the village is “not a contract, but a service agreement” and that a counteroffer to the village has been proposed:

“For years, but recently the past few months Supervisor Martin and Councilperson (Carol) Glor have been trying to negotiate with the Village a service contract that is equal. Currently, the Town pays 58% of the fire budget. Supervisor Martin requested that the number become a 50/50 split over a three year period, which the Mayor and Village Board refuse to entertain.

At this time the Town has not paid the village for the last village budget year. Supervisor Martin says this is not a contract it is a service agreement and should be treated as such. A proposal to the Village of $63,000.00 per year for three years on a service contract appears to be rejected as there has not been any communication from the Mayor.”

Boyle, after hearing what was communicated, said, “We’ve always been willing to talk with the town, maybe not in their time frame.”

“I got the sense that they’re not paying the contract and using that as hostage money. We want to treat it as two matters: They clear up what they owe us and then we’ll talk about going forward. We provided a service to them in good faith, so we believe that they’re being disingenuous.”

While water and sewer improvements certainly aren’t as intriguing as the construction of a playground designed for children of all levels of ability, they are vital to a municipality's health and well-being.

With that in mind, five of the seven projects that would utilize $1.4 million in American Rescue Plan Act funding -- as recommended by City of Batavia Manager Rachael Tabelski -- have to do with upgrades of water and wastewater systems or purchases of related equipment.

Tabelski, in a presentation at Monday night's City Council Conference Meeting at the City Hall Council Board Room, provided details of the water/wastewater proposals.

She was supported by Stephen Waldvogel, P.E., technical director with GHD Group of Buffalo, the company in line to contract with the city for water system planning assistance, and wastewater system headworks and capacity analysis.

The one “public facing project,” Tabelski said, is spending $800,000 – equally split between ARPA money and anticipated grant funding – on upgrading Austin Park (which is located behind the current City Police Department) to an "inclusive destination playground."

Tabelski said that residents have told her they don’t feel safe in that park, compared to other city parks.

“But if we have a really nice playground and really nice space, hopefully, we’d have really great families visiting there so everyone could feel safe at that park,” she said, adding that the project would include enhancement of the water splash pad there.

“I think this is a good opportunity,” she said. “Most of these other projects are water and sewer line utilities. This would be something, obviously, the public could see and enjoy, not that they don’t enjoy clean water – you just don’t see it every day. It just comes to your house, right?”

CITY GETS $1.4 MILLION IN ARPA FUNDING

As reported first on The Batavian on Saturday, Tabelski put together the list of priority expenditures that qualify under ARPA’s rules and regulations. The city received $1,474,764.79 from the federal stimulus action (and, as reported last night, already has half of that in its bank account). The remainder is scheduled to be allocated after the first of the year.

Tabelski made a convincing case for engineering studies, analysis and upgrades of the city’s aging wastewater treatment plant and assistance as it moves toward the phasing out of its water plant.

Two of the projects on the list call for contracting with GHD Group – one for engineering services for water system planning ($248,000 in ARPA money) and the other for wastewater treatment plant headworks and capacity analysis ($250,000 in ARPA money).

“(The engineering services contract) is something the city needs to start immediately, whether we decided to use ARPA funding or not,” Tabelski said of an anticipated two- to two and a half-year contract with GHD.

The gist of that project is to address and replace lead services lines throughout the city according to new federal regulations, she said, mentioning the additional requirement of an online map to show residents the location of lead lines or suspected lead lines.

Tabelski also said that engineering expertise is needed as the city prepares to close its water plant in conjunction with Genesee County’s plan to provide Monroe County Water Authority water to city residents.

After outlining the scope of services of the water system planning resolution, Tabelski turned it over to Waldvogel, who said he has worked with the city “in the background” for the past 10 or 15 years.

ENGINEER: GENERATIONAL CHANGES IN STORE

“The revised lead and copper rule is probably one of the most substantial changes to the water regulations in a generation,” he said. “It will have a substantial impact on your water department and that’s one of the reasons why Rachel is looking to tackle some of these big things.”

As far as the wastewater treatment plant headworks and capacity analysis is concerned, Tabelski said the city just completed a $1 million project to replace the main air system that goes along the ponds.

She said analysis is needed of the pipes that go into the ponds to bubble and diffuse air to allow the ponds to digest waste efficiently and to “understand what our capacity is today so we’re able to make future decisions.”

Waldvogel added that the air system at the wastewater treatment plant is aging and deteriorated.

“There needs to be, as requested by the EPA (Environmental Protection Agency) and the DEC (Department of Environmental Conservation), a headworks analysis of the facility,” he said. “And what that is, is essentially an analysis to determine the flow and contaminant loading that the plant can properly manage while you still meet your permit.”

He said the plan is to collect data for 12 months – determining the different “loadings” for all four seasons – “and from that you’ll determine how the facility removes a long list of contaminants, and from that you develop your own local permits which you issue to all the local industries that discharge to your system.”

Waldvogel said this will have an effect on the Town of Batavia, which is a minority owner and also discharges to the plant, and positions the city for long-term growth and future investment.

He also indicated that by understanding its capacity, the city would have to renew its wholesale sewer and meter reading agreements with the Town of Batavia “which are predicated on certain flows and certain loadings.”

Three other projects relating to water and sewer are replacement of the Cohocton water transmission line that supplies water to the southwest quadrant of the city ($400,000 in ARPA funds and $400,000 in Water Reserve funds), replacement of an aging sewer camera ($50,000 in ARPA funds and $50,000 in Wastewater Reserve Funds), and replacement of meter reading equipment ($26,764.70 in ARPA funds and $1,718.79 from Water Reserve funds).

AUSTIN PARK: AN OPPORTUNITY ZONE

Tabelski said Austin Park is about 25 years old and that area qualifies as an Opportunity Zone due to 2019 figures that show 12.9 percent poverty and 4.9 percent unemployment.

“This fits into addressing negative economic impacts and public health in a neighborhood,” she said. “We want to continue to provide those outdoor, healthy living, recreation opportunities, but also doing something a little more significant.

“We don’t have anything that is like, ‘Wow, that is a cool playground.”

She called it an inclusive destination playground, one designed for children of all different abilities and for those in wheelchairs, for example.

City Council President Eugene Jankowski Jr. sought to clarify the meaning of “inclusive” – requesting the term “universal access” be included going forward.

He said that Council passed a resolution several years ago that authorizes the board “to think in that realm whenever we designed anything new.”

The other project (using $100,000 in ARPA funds and $440,000 from the Facility Reserve Fund) would make necessary improvements at the city’s Bureau of Maintenance and Fire Department -- the purchase of a new generator to fully run fire headquarters on Evans Street and to make the facility compliant with the Americans with Disabilities Act.

City Council voted to forward all of the recommendations to the Oct. 12 meeting.

DIVIDE NY, OTHER RESOLUTIONS

On another front, Council, at the request of Sixth Ward Council member Rose Mary Christian, briefly discussed a bill in the New York State Assembly that provides for a referendum on the question “Do you support the division of New York into two separate states?”

Christian was looking for Council’s support of this bill, and seeking guidance on the best way to proceed. City Attorney George Van Nest said that it was a state referendum, not a local one, and, if passed, would be placed on a ballot for statewide voting.

The bill calls for a general election -- posing that question to state voters -- to be held on or before Dec. 31, 2022. The bill is sponsored by Assemblyman Stephen Hawley. The Senate version is S7314. Currently, there are no votes for this bill scheduled in state legislative session.

In other action, Council forwarded to the Oct. 12 Business Meeting resolutions:

• Spending $38,800 from the Facility Ice Rink Reserves account for purchase and installation of a new compressor that is part of the ice making equipment at the Batavia Ice Rink on Evans Street. Tabelski said one of the two compressors has failed and to rebuild it would not be cost effective.

• Spending $84,000 from the Water Reserves account as a local match to the $334,000 the city received in a grant from the Northern Border Regional Commission to fully fund the installation of 950 linear feet of 8-inch water main along Bank Street – from Washington Avenue to Main Street. The project will replace 90-plus-year-old pipe, thus increasing water supply and flow in that area, which is designated as the site of the new police headquarters.

Previously: City manager suggests using ARPA funds to build 'inclusive destination playground' at Austin Park