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Update, 2 p.m. -- The school/county health department meeting set for today has been postponed, pending potential guidance from New York State.

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Notre Dame High School Principal Wade Bianco this morning said that students, faculty and staff will not be required to wear masks during the 2021-22 school year, but the proposed guidelines are subject to change depending upon New York State and/or local mandates.

“There’s a meeting today at 3 o’clock – a Zoom meeting with the county (health department) – and whatever we’ve decided, based on previous information, could be different at 4 o’clock,” Bianco said. “But, we wanted to get it out to the parents that we were going to give the least restrictive environment and a safe environment …”

The ND reopening plan, distributed to students’ families on Monday, recommends that students, staff and faculty wear masks while in classrooms during instruction and learning, and also in the hallways and in the cafeteria, but it stops short of requiring face coverings – regardless of vaccination status.

“We’re also going to keep the desks a minimum of 3 feet apart – we’re going to keep 6 feet when we can,” the principal said. “If we have a class with 16 kids in it, we’re not going to put the desks 3 feet apart. But if we have a class with 20, the desks might be 3 ½ or 4 feet apart.”

Bianco said that school leaders are hoping to do everything in their plan, but believed the best course was to give people a “personal choice” on wearing a mask. He said that he, although fully vaccinated, is inclined to wearing the mask when in the hallway.

“Everything is subject to change; we’ve got to flex according to the circumstances,” he said. “The number one priority is safety. Number two is safety in the least restrictive environment as possible.”

He said a school administrative meeting is scheduled for 11 a.m. Wednesday and "if we have to adjust, we'll adjust."

The school’s reopening plan is as follows:

• Students, staff and faculty are highly recommended to wear masks while in classrooms during instruction and learning, in the hallways and in the cafeteria, but it is not required, regardless of vaccination status.
• People will maintain 3-6 feet of social distance at all times, with some classrooms at 6 feet apart if possible. Seating charts and use of classroom cohorts will continue.
• Cafeteria seating will remain at 6 feet apart.
• Staggered bell schedules will continue and use of a backpack for changing classrooms will continue.
• Notre Dame will continue with sanitation and cleaning each day.
• The school will continue to ask parents to monitor their students at home in the mornings to check for any signs of illness and ask them to keep their child home if ill.
• If a student becomes ill during the school day, the parent will be called. If the student exhibits signs of COVID, the parent will be given the option of having a non-invasive COVID test done at the school or take his or her child to the child’s primary care provider.
• Per state Department of Health, CDC and GO Health guidelines, students that have been a close contact to a positive case of COVID will be quarantined.

Additionally, the guidelines define close contact as someone who was within 3 to 6 feet of an infected individual for a cumulative total of 15 minutes. Close contacts, along with the infected individual, will need to quarantine for 10 days. In the classroom setting, the close contact definition excludes students if both the infected individual and exposed student(s) were wearing a mask.

• Fully vaccinated students and teachers are not required to quarantine, however, they are recommended be tested three to five days after exposure, even if asymptomatic, and to wear a mask until their test result is negative. This also applies to those previously diagnosed with COVID with in the last 90 days.
• Masking protocols for busing will follow the students’ home district. At this time, all districts are requiring masks for the duration of the bus ride. Refer to your home districts’ transportation center for more information.

In a major announcement today, the U.S. Food and Drug Administration is reporting the approval of the first COVID-19 vaccine – the vaccine known as the Pfizer-BioNTech COVID-19 Vaccine.

It now will be marketed as Comirnaty for the prevention of COVID-19 disease in individuals 16 years of age and older.

The vaccine also continues to be available under emergency use authorization (EUA), including for individuals 12 through 15 years of age and for the administration of a third dose in certain immunocompromised individuals.

In response to this news, Edward E. Walsh, M.D., head of Infectious Diseases at Rochester General Hospital, and Ann Falsey, M.D., professor of Infectious Diseases and co-director of the Vaccine and Treatment Evaluation Unit at URMC and RRH Infectious Disease Physician, took questions from media members via a Zoom call at noon.

Following is that question-and-answer session:

Q. How does this process work exactly to get to this decision made by the FDA? What does it take to get full approval?

A. Walsh: Essentially, it is to collect longer timeframe for safety data, as well as increased amount of data on efficacy. The EUA (Emergency Use Authorization) was approved essentially after 2 ½ months and this is with data that was submitted in June, so it includes data out to six months and it’s that kind of longer-term data that is required for full approval.

Q. Do you believe that this will change public confidence in people who are hesitant in getting the shot, and explain what Rochester Regional (Health) is really hoping that this could change for public perception … to show that vaccine really works now?

A. Walsh: I think for some people this may be important. It’s not clear at this point if it will come to pass that a significant number of people who are hesitant to get vaccinated will now do so. There have been surveys done … which suggest that there is a significant number of people who have been hesitant will step forward now that it has received full approval. But will have to wait and see if that actually happens.

The second aspect of this is that apparently this will make it a lot easier for organizations, including the healthcare organizations, to mandate vaccination as a requirement for working. Which is a very controversial and much debated in public spaces position. It apparently will allow that to move forward more easily.

Q. What do you see as the fallout to that (noting there is a small, vocal group of healthcare workers that said they won’t get the vaccine?

A. We’ve already seen that happen in certain institutions that have made it mandatory to be vaccinated, even during the period in which it was covered by the EUA. I imagine that there will be somewhat similar vocal outcry by some individuals and possibly groups. We’ll just have to see.

I can tell you that in the past, with influenza vaccine mandates this has been a struggle prior to potentially mandating flu vaccines in healthcare environments. Only about 75 percent of people would become vaccinated each year; once it was mandated, we now exceed 90 percent, often reaching 95 percent. So, it may allow us to move forward.

Q. (Could you address) the hesitancy of some folks, who say I’d like to see this get approved by the FDA, and now were at that point?

A. Falsey: “Basically the proof is in the pudding; We’ll have to wait and see what happens. I, took, have had numerous conversations with vaccine-hesitant people, and some raise very reasonable concerns that it’s a brand new vaccine (that) came along very rapidly and want to see more data and the FDA fully approved it. I, personally, might say I don’t think you’re assessing risk/benefit properly (but) those are reasonable concerns from reasonable people.

But, I do hope that this approval and this review of this safety data, will will give them the confidence to get what is a safe vaccine and get themselves protected.

Q. How does this approval help public confidence … for some of those people who were on the fence?

A. Falsey: I hope it will help a lot. There are some people who are anti-vaccine, and no matter what the FDA does they won’t trust it or believe it. But there is a group of people … who are just nervous and this is the reassurance that they will need. I hope it goes a long way.

Walsh; I would echo that hope that it does go a long way. I think people need to realize that these vaccines were scrutinized by a very large number of individuals and coming from different backgrounds to assess their safety. This discussions that take place are very long, they review an enormous amount of data. One thing that people should realize that following rollout vaccine in late November, essentially early December, the CDC (Centers for Disease Control) has been very meticulous in tracking side effects now for essentially nine months. And they have been able to uncover any of the concerns than anyone would have with these vaccines. So, … it’s including data that extends out nine months to the general public and for a year we are now seeing in our vaccine study here at RGH (Rochester General Hospital) with the Pfizer vaccine group … we’re seeing the now out at a year.

Q. Do you foresee that Moderna, Johnson & Johnson (approval) will be coming up soon?

A. Falsey: For a full licensure, you do need six months of safety data. Moderna had its EUA shortly after Pfizer, so I would think they would be next up to become fully approved … J&J will take a little bit longer.

Q. Is this a normal timeframe for vaccines to be approved or was this hastily done?

A. Falsey: It was sped up quite a bit, but no steps were not done. All the phases, all the safety were done, it’s just that it was a huge public health crises and everyone was working non-stop. Things were done rapidly,

Walsh: The preliminary scientific basis for this vaccine was developed over 10 years prior to the pandemic. That’s an enormous amount of work that normally is rolled into how long it takes to make a vaccine. That whole process was done prior to the pandemic even starting; it was a real head start here.

The process of going through Phase 1, Phase 2 and then Phase 3 trials was speeded up but iwas primarily in the Phase 1 period which normally would take from six months to perhaps even a year. Through a very safe mechanism, you can make those go faster; because of the pandemic, they had to. As far as the Phase 3 study goes, because of the pandemic, the decision was to monitor the effectiveness of this vaccine – and all of the vaccines -- in real time rather than to simply say, ‘Let’s just analyze this data at the end of the year.’ They said, ‘Let’s analyze this data week by week to see how long it would take to demonstrate efficacy.’ And when you demonstrate 95 percent efficacy against all infection and 100 percent against severe disease at 2 ½ months, you have data that says, ‘Let’s move this forward in the face of a pandemic killing .. over 500,000 people.

Q. As far as efficacy against the Delta variant, some studies show that Moderna has a stronger efficacy than the Pfizer. Is this just a timeframe thing that Pfizer is being approved before Moderna?

A. Falsey: “I’m not specifically aware of which study you are discussing. A lot of the global data that looks at real world effectiveness of these vaccines as we look through the different variants, they all look very effective against severe disease and death … The full approval process really has more to do with safety. So, Pfizer finished their study and applied for EUA, and had a little bit of a jump there, and that’s why they have six months of safety data first, and they received their full licensure. I am sure Moderna will be along quickly.

Walsh: … for six months we’ve seen the data, and the efficacy seems to be very similar. Real world data from various states in U.S., suggested that the Moderna vaccine was holding up a little bit better than the Pfizer vaccine, but not in terms of hospitalization, severe disease and mortality. It had to do with whether or not a minor or mild infection would occur. And these are relatively small studies …

One of the problems with collecting data in the real world as opposed to an actual study, where you’re monitoring every person, is that it really requires people to come forward with minor illnesses and mild illnesses, and it also requires states to report all their illnesses, for instance, hospitalizations, mortality, and that is not always done. So, it’s a little difficult at times. I think at this point, I’d argue that there’s probably not much difference between these two vaccines in terms of their benefit.

Q. Do you hear from their patients that this is something that they care about – about FDA approval?

A. Falsey: From a select few. The majority of patients either fall into the category of vaccine enthusiasts versus … those who just aren’t going to get it. But, there are a group of people that this a step that gives them confidence. They are worried that these are new vaccines and they want full approval and review by the FDA. There are people that this is meaningful.

Q. How instrumental was URMC and Rochester Regional was in the studies for Pfizer?

A. Walsh: This town – URMC (University of Rochester Medical Center) and RRH -- provided Rochester the opportunity to really participate in cutting edge of development of the Pfizer vaccine … and also work locally with the Johnson & Johnson vaccine as well as the Astrazeneca vaccine and the concept of mixing different vaccine strategies with different vaccines.

So, Rochester, the University and RRH have contributed an enormous amount of effort to push this forward. In a certain sense, I will say that among the infectious disease community, to a large extent, … it was essentially like getting drafted into the army. We had to stop doing all of the normal things that we do and focus on essentially one disease and one illness.

Q. What regulations did this vaccine exactly have to pass … to be fully approved by the FDA?

A. Walsh: I can’t give you every detail that is required … I’ve not sat through committees that go through this process. But, as I mentioned before, it requires full vetting from all of the data from study subjects – and there are 42,000 of them in Phase 3 study. If you looked at all the data from those as well as the data from the Phase 1 and Phase 2 studies, which were much smaller, I think specifically, looking at safety data. In addition, they do have access to all of the safety data that has been developed after the EUA rollout in December. That information is dependent upon individual reporting, whether it be physician or people in the community who have been vaccinated. Whereas the study subject data of 42,000 individuals, that data is very meticulously collected … very granular, very detailed and highly scrutinized.

Q. Why do you believe it wasn’t approved fully for those 12-15 (years old)?

A. Walsh: Again, this has to do with timing. The data for 16 and up, or 17-18 and up was part of that first phase of the Phase 3 studies were once that starts moving, they went into 12-16 groups, so that is somewhat behind so we don’t have the data yet … to be fully approved.

Q. What do you think this says for the future of mRNA technology?

A. Walsh: I think it opens up opportunities in many areas where we have been unsuccessful in developing vaccines. There are many diseases that we do not have effective vaccines, or have not event attempted to look into the possibility of vaccines -- especially for viruses, It also opens up the possibility of an effective strategy to improve our existing vaccines, such as influenza. In good years, we’re happy to see 50 percent effectiveness … If we could get very high degree of efficacy it could really do a lot of public health good. I think you can make the same argument for a lot of diseases for which we really haven’t pushed hard for vaccines.

This technology may be very effective. And those studies will be slowly starting … we’re obviously still mired down in the pandemic and the problems with that issue. Boost the doses, and the variants of coronavirus that may arise and have to be dealt with. At some point, this technology will be applied to other vaccines.

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Update: 4 p.m. in response to comment below:

Under the Public Readiness and Emergency Preparedness Act, companies like Pfizer and Moderna have total immunity from liability if something unintentionally goes wrong with their vaccines. And, although the vaccines have been approved by the FDA, people can't sue that government agency as it has what is known as "sovereign immunity."

When Jim Owen, well known as “The Mayor of Redfield Parkway,” had 16-year-old Kathleen Courtney as an 11^th-grader in his typing class at Hamburg Junior-Senior High School, little did he know that someday she would become the first female governor of New York State.

But he did see some personality traits and skill sets that he says have served her well throughout her political career.

Courtney was part of that typing class in 1975, about eight years into Owen’s teaching career that included 36 years as a full-time instructor and the last 18 years as a substitute teacher in the Batavia City School District.

Forty-six years later, Courtney, now Kathy Hochul, will assume the state’s highest office on Tuesday. She is succeeding Andrew Cuomo, who is stepping down following a state attorney general’s report that he sexually harassed 11 women.

Cuomo has repeatedly denied the accusations, but said he is resigning in the best interest of the state.

The “best interests of the state” will become the responsibility of Hochul, 62 (she will be 63 on Aug. 27), who, according to Owen, is prepared to do a great job.

“One of the things is that she is a person who communicates with many people,” Owen said of Hochul, who has been New York’s lieutenant governor since 2014. “In my opinion, she makes people feel important; she makes people feel comfortable, and I think she is a great listener.

“I always remember when she said, ‘If it’s a Republican idea and it’s a good idea, I’ll take it. If it’s a Democratic idea and it’s a good idea, I’ll take it. If it’s a Conservative idea, I’ll take it; if it’s a Liberal idea, I will take it. Her bottom line is that she is going to do the best for the people of our state.”

Owen admitted that it’s impossible to please everyone, but is convinced that Hochul will put her best foot forward.

“Obviously, you can’t win everybody’s opinion, but she will do her darnedest.” He said. “She’s a fighter. She’s not that tall, but she grew up with a family of great athletes … good competitors, and she is, too. Of course, in typing, she did her work.”

The teacher and student have kept in touch over the years; they usually meet at Batavia Muckdogs’ games when Hochul is in town. Owen said he got a surprise call earlier this month.

“Last Friday night, Friday the 13^th, about 5:30 in the afternoon, I was at Stafford Country Club and I got a phone call from 716 (area code). I thought it may be a scam, but I decided to answer it,” he offered. “Well, it’s Kathy. She’s calling me, thanking me for saying nice words about her in a story on Spectrum News – which I thought was kind of neat. That was kind of a class act that she would give me a call.”

Owen also was quoted in a story published today in the New York Daily News:

“Jim Owen, who taught her in a 28-student typing class when she was a junior, said he would not necessarily have guessed at her political future given her soft-spoken and studious nature. But he said her determination shined.

“She was a very hard worker,” recalled Owen, 78, who’s now retired and lives in Batavia. “She made the teacher look good.”

Hochul, on Aug. 12, confirmed that she plans to run for a full term as governor in 2022.

Photos: Kathy Courtney Hochul's graduation photo; her and Jim Owen at a Hamburg Alumni Foundation event; the duo at a Batavia Muckdogs' game. Photos submitted by Jim Owen.

Thomas Tacito, 61, of North Spruce Street, Batavia, is charged with six counts of failure to appear. Tacito was arrested on six bench warrants for allegedly failing to appear for court dates when previously arrested on appearance tickets.  He was arraigned and released on his own recognizance.

Cassandra Smith, 35, of Main Street, Piffard, is charged with cemetery desecration.  At 10:25 a.m., Aug. 17 police officers were dispatched for a report of a suspicious female in the St. Joseph Cemetery.  It appeared that she was taking items from gravesites. Police located Smith and her vehicle in the cemetery. She allegedly stole numerous items including statues, planters, and flags from gravesites in the cemetery. She was released on an appearance ticket.

Jeremiah Williams, 30, of Oak Street, Batavia, is charged with sex offender/failure to verify address. Batavia police officers responded to the Super 8 Motel in an attempt to locate Williams on multiple warrants, including a harassment 2nd warrant. Williams was located and taken into custody. Williams was arraigned in City Court.  His custody status was not reported.

Rosemary Waters, 35, of East Main Street, Batavia, is charged with failure to appear. Waters was arrested on a warrant following a police investigation into a suspicious condition at a business on Oak Street.  Waters was arraigned in City Court. Her custody status was not reported.

Germayne Session, 27, of Gardiener Street, Rochester, is charged with criminal mischief 4th and three counts endangering the welfare of a child. On July 27, Gardiener allegedly punched the windshield of a van belonging to another person causing it to shatter.  There were three children in the van. Gardiener was issued an appearance ticket.

Tyler Gorski, 19, of Bank Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment, and harassment.  Gorski was allegedly involved in a disturbance on Bank Street at 8:18 p.m., Aug. 13.  He was arraigned in City Court and released on his own recognizance.

Drew Fortes-Crimes, 23, of Ellicott Street, Batavia, is charged with criminal mischief 3rd and harassment 2nd. During an incident on Harvester Avenue on Aug. 14, Fortes-Crimes allegedly damaged property and subjected the victim to unwanted physical contact. He was issued an appearance ticket.

Jordin Schultz, 23, of State Street, Batavia, is charged with criminal obstruction of breathing, criminal mischief 4th, and harassment 2nd. Schultz allegedly slapped another person, grabbed that person by the neck, and took that person's phone in an attempt to prevent the person from calling 9-1-1 during an incident reported at 10 p.m., Aug. 13.  Schultz was arraigned in City Court and released.

Tarah Mruczek, 34, of Tracy Avenue, Batavia, is charged with harassment 2nd. Mruczek allegedly struck another person during an argument on Aug. 15.  She was arraigned in City Court and released.

Mark Farley, 53, of Oak Street, Batavia, is charged with criminal contempt. Farley is accused of violating an order of protection. He was jailed on $2,500 cash bail, $5,000 bond, or $10,000 partially secured bond.

Michael Quinn Keaney, 38, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Keaney was stopped at 12:03 a.m., Aug. 21, on Alexander Road, Alexander, by Deputy Trevor Sherwood.

Kyle Allen Hawley, 31, of Spring Street, Bergen, is charged with endangering the welfare of a child. Hawley allegedly overdosed on a narcotic analgesic while in a presence of a child less than 17 years old. Hawley was administered narcan by emergency responders and transported to an area hospital.  He was issued an appearance ticket.

St. Paul Lutheran School officials have released their 2021-22 safety plan, a multifaceted set of guidelines that addresses masking, wellness, facilities/school operations, and scenarios concerning the coronavirus and illness.

According to the four-page document, the school, located at 31 Washington Ave., Batavia, will follow all guidelines provided by New York State, including the directive of whether or not in-person instruction of distance learning will take place.

The safety plan could change as guidelines surrounding the COVID-19 pandemic evolve, officials reported, with any changes to be communicated to families, students and staff immediately.

Key points of the plan are as follows:

MASKING

While masks are not required in classrooms and when proper distancing can be maintained (such as in the lunchroom or chapel), they must be worn by students when they enter the building and are in the hallways.

Families may request that their children wear masks, and all visitors must wear a mask when a distance of 3 feet can’t be maintained.

WELLNESS

Anyone with a temperature of 100 or more, or appearing ill, will have to leave the school, and must stay home until they are free of a fever for 24 hours without medication, receive a negative COVID test result and/or approved by a health care provider.

Additionally, anyone who is sick must stay home; handwashing will be required throughout the day, and students must have a personal, refillable water bottle. Hand sanitizer will be in each classrooms and gloves will be supplied to teachers.

FACILITIES/SCHOOL OPERATIONS

Maintenance personnel will clean and disinfect the building, classrooms and bathrooms on a daily basis, and desks will be arranged to accommodate for social distancing.

Sharing of items will be limited, with class birthday treats or food for activities needing to be commercially packaged. Field trips are postponed until further notice.

All bathrooms will be one-person use only, and stairways will be one-directional only.

CORONAVIRUS, ILLNESS

The school will follow recommendations of the Genesee County Health Department in the event of positive tests for COVID for students, staff and family members, which include notification of families, staff and health department personnel while maintain confidentiality.

Should a student get sick during the school day (cough, fever, etc.), he or she will be removed from the class, have his or her temperature taken, and be required to wear a mask while waiting for transportation (other than the bus) home.

In the event of a school closure, distance learning will take place, under conditions described in the document (see link to the safety plan in the third paragraph of this story).

The owner of Save-A-Lot at 45-47 Ellicott St., seeing the improvements his landlord was making to the downtown building, said he figured the time was right to create a “fresh, modern” look to the grocery store that will be celebrating its 10^th anniversary in December.

“When we heard that Victor (VJ Gautieri Constructors Inc. President Victor Gautieri) was going to update the building -- putting apartments on top of the store -- we decided to extend our lease and renovate our location here,” said John Hedlund, a Niagara Falls resident and owner of five Save-A-Lot stores in Western New York,

“We put about $300,000 into it, giving it a fresh, modern feel; a new décor package and new life.”

So, while the Gautieri company was completing the Downtown Revitalization Initiative project that resulted in 10 market-rate apartments on the second floor (and continues to prepare another 18,000 square feet of commercial space on the first floor), Hedlund went to work on updating the grocery store.

Hedlund, who is in a partnership with William Larson of Pennsylvania, the former owner of the Corfu IGA store, provided details of the changes while giving The Batavian a tour of the store earlier this week.

“We shortened up the hallway to the entrance of the store, and we’ve expanded our produce, meats, dairy and frozen food items throughout the store,” he said. “New windows on the front give it more of a grocery-store look, plus we’ve replaced a lot of equipment and we added new lighting and paint.”

In the grocery business for 44 of his 60 years, Hedlund said he likes Save-A-Lot’s new branding and signage, and is pleased with the results of his decision to shorten the aisles and add a center aisle.

“By doing this, it gives customers the opportunity to not be crowded in the aisles, so they have room to step aside and not be pushed around,” he said. “It just gives everyone more space. We’ve done this with all of our stores, and it really ended up being a positive thing for everyone.”

Hedlund owns Save-A-Lot stores in Le Roy (which underwent remodeling recently), Albion (which open three years ago), Salamanca (his first store, which also has been renovated) and his hometown of Niagara Falls.

The Batavia store consists of 18,000 square feet, with two-thirds of it as retail space, Hedlund said. He said that he hopes other businesses come to the location, noting that the increased traffic would help to offset the loss of the store’s “in and out” business caused by the COVID-19 pandemic.

That and other factors such as a minimum wage increase and rising inflation have resulted in higher prices.

“Yes, we’re starting to see that, but we’re trying to maintain the retail pricing as low as possible,” he said. “We’re competitively priced … as we don’t have to carry a lot of items that just sit on the shelves and cost money. We look for terms and we have a lot of buying power through Save-A-Lot as they have 1,000 stores, so that keeps our costs down.”

A licensee, Hedlund said he is qualified to buy through Save-A-Lot and outside vendors, including produce from local farmers.

The store employs about 18 people, including two full-time butchers, a full-time produce manager and full-time operations manager.

“We fresh cut our meats every day and we also offer grab-and-go deli meats on a daily basis,” Hedlund said.

Hedlund said a four-day sales promotion each month will begin on Sept. 4.

“There will be hot sales on produce and meat selections for four days – Saturday, Sunday, Monday and Tuesday – each month for a while,” he said. “We will be promoting that heavily.”

The store is open seven days a week from 8 a.m. to 8 p.m.

Previously (from December 2011): Entrepreneurs saw Batavia needed a grocery store downtown, so they opened one

Photo at top: Save-A-Lot owner John Hedlund next to the new produce display at the Ellicott Street grocery store. Photos at bottom: Expanded center aisle; grab-and-go deli section; frozen foods and dairy section; employee Corey McKenzie cashes out customer Gary Capuano of Batavia. Photos by Mike Pettinella.

Press release:

“Both Genesee and Orleans Counties are now in a high level of community transmission according to the CDC COVID Data Tracker (https://covid.cdc.gov/covid-data-tracker/#county-view),” stated Paul Pettit, Director of the Genesee and Orleans County Health Departments (GO Health).  “Genesee and Orleans Counties are currently at 99 active cases.  We are also reporting eleven hospitalizations between the two counties, with eight in Genesee and three in Orleans. All of these hospitalizations are community members across the age spectrum and not nursing home residents. The majority are unvaccinated.”

We encourage everyone to follow the public health prevention precautions as noted below.  It is important for those who are not currently vaccinated to talk with their primary care provider to determine whether getting vaccinated is right for them.  “The best way to protect yourself and others from COVID-19 or health complications from COVID-19 is to get vaccinated.  The vaccine is proven to be safe and effective,” stated Pettit. 

Per the CDC recommendations for communities with the high spread of COVID-19, we encourage everyone, vaccinated and unvaccinated, to wear masks when indoors in public and when at crowded outdoor settings.

• Everyone should continue practicing the following public health prevention precautions: 
• Avoid touching your eyes, nose and mouth with unwashed hands. 
• Wash your hands often with soap and water. 
• If water is not readily available, use hand sanitizer. 
• Wash and sanitize frequently shared/touched items.
• Stay 6 feet away from others and avoid close contact with people who are sick.
• Avoid crowds and poorly ventilated spaces.
• Wear a face mask indoors in public and crowded outdoor settings. 
• Monitor your health daily and stay home if you are experiencing any symptoms.
• Get tested if you are experiencing symptoms and self-isolate until you get your results back. If you test positive for COVID, you are to isolate for 10 days. 

For up to date data, GO Health updates the Emerging Issues page of the website (https://gohealthny.org/emerging-issues/) on Mondays and Thursdays and posts the data on our Facebook, Twitter and Instagram pages (GOHealthNY is the user name for each of these platforms). 

The Genesee, Orleans, Wyoming County Health Departments COVID-19 Case and Vaccination Tracker is updated daily (https://experience.arcgis.com/experience/5f8401b0516247b490934303e3975e49/)

Le Roy Town Supervisor Jim Farnholz put an athletic competition spin on news that Great Lakes Cheese Co. Inc. will not be building a $500 million, 486,000-square-foot processing facility on land adjacent to the Le Roy Food & Tech Park on Route 19 north of the village.

“You know what, as a coach would say, ‘When somebody goes down, it’s the next man up – that’s how I look at it,” said Farnholz, speaking by telephone today.

Word that the Ohio-based cheese manufacturer is looking elsewhere – reportedly at a 130-acre site in the Cattaraugus County towns of Farmersville and Franklinville – reached Farnholz over the past couple days. However, he said, the Le Roy Town Board has done much to set the stage for another company to come in.

“We’re going to request some of the archaeological work and some of the site planning if Great Lakes is willing to give it to us, since they have already done that,” he said. “And that would be a further incentive for another business to come in because the archaeological and some of those other things are done already.

“We checked a lot of boxes. We’ve got water, gas and electric solved, so I think that makes it more attractive for the next one on deck.”

Although Great Lakes Cheese did not submit a formal application to the Genesee County Economic Development Center to review its site plan or to request tax incentives, company representatives did check out the location and talked to individual landowners about the possibility of selling their property.

REZONING FOR FUTURE EXPANSION

Also, on July 8, the town board unanimously voted to rezone seven parcels totaling 185 acres in the north of the Le Roy Food & Tech Park – between Route 19 (Lake Street Road), West Bergen Road and Randall Road – from R-2 (Residential) to I-2 (Light Industrial) to accommodate future business expansion.

“We did everything we could and we will continue to try and attract business and industry,” Farnholz said. “In the end, there were some DEC (New York State Department of Environmental Conservation) issues with wastewater, and I think there were some incentives that other municipalities or counties may have offered that financially weren’t available or the best idea for us or the best fit.”

The town board’s decision to rezone the parcels was made despite opposition from homeowners in that area, many of whom spoke at a public hearing prior to the vote.

One of the most outspoken against it was Eric Raines Jr., who with his girlfriend, purchased the historic Olmsted Manor and its 14 acres of woodlands on Lake Street Road. Raines’ contention was that the town’s Future Land Map showed that the area was supposed to remain “agricultural.”

Contacted today, he said, "It is what it is, and I'd like to thank anybody that supported us. I guess I'm going to be able to watch the sunset over the soybeans for at least another day."

A check of the Genesee County PROS Property Search site lists the owners of the rezone parcels as Englerth (four parcels, 123.7 acres); Sam Caccamise Estate (one parcel, 53.5 acres); Stella (one parcel, 2.8 acres), and Falcone (one parcel, 5 acres).

GCEDC OWNS TECH PARK

The GCEDC owns the vacant 71.7-acre Le Roy Food & Tech Park located to the south of all but the Falcone parcel. The park is zoned I-2.

Mark Masse, GCEDC senior vice president of operations, said his agency continues to promote the site to manufacturers, both locally and outside of New York State.

“The GCEDC is always looking for companies to locate and expand their businesses here,” he said. “It is our goal to provide the appropriate acreage and utilities that will enable these companies to pair up their operations.”

According to minutes of a June 24 board meeting of the County of Cattaraugus IDA, Great Lakes Cheese Co. Inc., and Schwab Land Holdings, LLC, applied to that agency “to allow and direct the CCIDA to partner and facilitate the proposed project an action by undertaking certain studies and findings to help achieve shovel ready site status.”

Continuing, the minutes state the facility would preserve 229 jobs and would allow for additional hiring of 200 new employees.

Reportedly, the plant will also require 30,000 more cows from area dairy farms as it will be producing four million gallons of milk per day – twice as much as used at the company’s Cuba Cheese plant in Allegany County.

CCIDA CONSIDERS 25-YEAR PILOT

A letter dated July 27 from Corey Wiktor, CCIDA executive director, acknowledged receipt of the company’s application and request for financial assistance (tax incentives).

Wiktor, returning a phone call from The Batavian, said that while nothing has been finalized, the CCIDA is considering a 25-year Payment in Lieu of Taxes agreement proposed by Great Lakes Cheese, as well as sales tax and mortgage tax abatements.

"We have not done that prior, but we have also not been a party to a proposed project of this magnitude," Wiktor said, noting that for every one manufacturing job at the site it could create six more jobs down the supply chain."

He said agency staff is doing its due diligence on the site, including flood plain and traffic studies, soil testing, and environmental and endangered species studies.

"And, like Le Roy, we've gone through some municipal rezoning, if you will. Things are progressing, but we still do not have a confirmed project or investment."

Previously: Le Roy Town Board votes to rezone parcels adjacent to Le Roy Food & Tech Park after hearing residents' concerns

A week away from cementing their place as the first tenants of the new City View Residence, Jonathan Bates said the two-bedroom apartment above Save-A-Lot on Ellicott Street provides everything that he and his brother, Jake, desire at this point in their lives.

The Oakfield-Alabama Central School graduates – Jonathan is 27 and Jake is 26 – signed a one-year lease with VJ Gautieri Constructors Inc. and are scheduled to move into their new home on Aug. 28.

Jonathan Bates (pictured above), in an interview with The Batavian on Thursday, expressed his pleasure with being the first to rent one of the 10 units that were constructed as part of the City of Batavia’s Downtown Revitalization Award initiative.

They will be living in one of the three two-bedroom apartments; the others have one bedroom.

“It’s cool to be a part of the revitalization of Batavia. This project is kind of the culmination of all the efforts that have taken place so far, and it’s exciting to be part of that,” he said. “Family members saw pictures of it (on The Batavian), and when they did, they said, ‘Jon and Jake, this is right up your alley. You’ve got to check this place out.’”

Bates said the monthly rent for the market rate apartment is well worth it, considering the modern and varied furnishing, and the access to downtown businesses.

“You go up there and each space, each unit has a unique view of the city, the downtown life,” he offered. “You take a look around where we are and we’ve got gyms, restaurants, banks – everything within walking distance. And a (grocery) store right down here on the first floor. It’s worth every penny.”

The brothers work for the same company in the construction management field.

“Being in the industry, I know exactly what VJ Gautieri has been going through to open this place up, and all the challenges in the industry right now with getting material and labor shortages due to COVID. But they have done a fantastic job getting this thing done on schedule,” Bates said.

He said they were put in contact with Victor Gautieri, president of VJ Gautieri Constructors, and, after receiving a tour, signed on the dotted line.

“We were sold immediately,” he noted.

When asked if he sees himself as a millennial, part of a group born from 1981-1996 that is said to be enthralled with city living, Bates said he didn’t pay much attention to categories.

“To be honest with you, I don’t even know what I’d be considered,” he replied.

CERTIFICATE OF OCCUPANCY IN HAND

Gautieri reported that City of Batavia Code Enforcement Officer Ron Panek issued the facility’s certificate of occupancy last week.

“Mr. Panek did a complete inspection of the facility, and we also had to provide several documents, including an elevator inspection certificate, fire alarm system certificate, sprinkler system certificate and an electrical certificate showing that the wiring was inspected by a third-party,” Gautieri said.

He said Panek did a “complete walk-through,” as did Batavia Fire Department officers to familiarize themselves with the facility.

The certificate of occupancy came about a year after Gautieri secured the additional financing needed to complete the $3.1 million project.

Gautieri said he is in the process of reviewing applications and scheduling tours for those who are interested in learning more about the apartments. For more information, contact the VJ Gautieri Constructors’ office at 585-343-0852.

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

Press release: STOP DWI Impaired Driving Campaign runs Aug. 20-Sept. 6

Genesee County’s STOP-DWI Coordinator announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and Village of LeRoy Police Department will participate in a special event to bring awareness to the dangers of impaired driving.

Law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Campaign will start on August 20^th and will end on September 6^th.  

This event is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the New York State STOP-DWI Foundation and the Governor’s Traffic Safety Committee.

STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, however, still too many lives are being lost because of crashes caused by drunk or impaired drivers.  Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaigns aim to further reduce the incidence of drunk and impaired driving. 

Always remember impaired driving is completely preventable.  All it takes is a little planning.

As attorneys for both sides gear up for the possibility of a jury trial to decide former employee Michael Nolan’s civil lawsuit against Western Regional Off-Track Betting Corp., and its president and board chairman, the longtime WROTB director representing Genesee County says he doesn’t see “any merit” in the case.

“I don’t believe there is any merit in it,” Richard Siebert said on Wednesday, emphasizing that he was not at liberty to talk about specifics. “And I just don’t quite understand why the lawsuit seems to be singling out our CEO, Henry Wojtaszek, and our chairman of the board, Richard Bianchi. It should be filed just against the corporation, that’s all I will say.”

Siebert, an OTB director for 28 years, did offer a bit more, however, noting that the board has been expecting this suit to be filed.

“We knew that his (Nolan’s) attorney has been trying to threaten all types of lawsuits if we didn’t make some compromise … but all I can say is to my knowledge – and I am knowledgeable of the situation, there is no basis for this lawsuit,” he said.

“It will take a couple years for the courts to settle it out, but there’s no basis in my mind, whatsoever, and I don’t think the corporation is going to suffer from it.”

Nolan, the public benefit company’s former chief operating officer, was fired from his position last December. He is seeking $14.5 million in damages, according to a 23-page filing by his lawyer, Steven M. Cohen of HoganWillig, PLLC, of Buffalo, on Aug. 12 in U.S. District Court Western District of New York.

The suit names WROTB as well as Bianchi and Wojtaszek (both as individuals and in their capacities with the corporation) as defendants.

It contends that Nolan was ostracized and kept out of OTB matters since April 2019 for speaking to federal and state investigators about the corporation’s practices, including offering gold-plated health insurance for board members with political ties, misuse of professional sports tickets and luxury boxes, and awarding of contracts “to politically-connected entities associated with WROTB.”

Cohen is seeking $14.5 million in compensatory damages for his client, plus the reinstatement of Nolan to his former COO position and of full fringe benefits and seniority rights, along with damages sustained due to the violation including, without limitation, the compensation for lost wages, benefits and other remuneration, and payment of all reasonable costs, disbursements, and attorney's fees.

Responding today to an email from The Batavian, Cohen said Nolan has been punished for being honest in his replies to investigators looking into possible wrongdoing at WROTB.

“My client has been through an ordeal, all for telling the truth to the law enforcement agencies who are investigating corruption at the WROTB,” he said. “My client neither commenced the investigation, nor initiated contact with the authorities.  He is not the only one to speak with the FBI, New York State Comptroller, U.S. Attorney or (NYS) Gaming Commission.”

Cohen said that Nolan “may be the only one who disclosed to the board exactly what he told the authorities, which put them in a panic.”

“The conduct of the defendants has been despicable and we are looking forward to presenting our evidence to the judge.”

The attorney for WROTB, Daniel C. Oliverio of Hodgson Russ, Buffalo, spoke to The Batavian on Wednesday -- calling Nolan’s suit “a political hit job that’s going to fail.”

“OTB commissioned an independent lawyer to do an investigation (Terrence Connors of Connors LLP, Buffalo) – not our firm,” Oliverio said. “He interviewed I think 46 witness and the report is hundreds of pages (actually 380 pages), including Mr. Nolan himself twice for hours. He didn’t come up with one shred of evidence to support the allegations.”

Oliverio said that Nolan changed his story repeatedly.

“We examined Mr. Nolan under oath, in what is called a 50-H proceeding as we’re entitled to that per New York law,” he said. “We examined him twice under oath for several hours, and he couldn’t substantiate any of his allegations; he backtracked.”

Oliverio categorized the suit as “political nonsense from an employee who was disgruntled, and we believe it was an attempt to upset Mr. Wojtaszek and the board.”

“And, by the way, OTB has been doing very well through the pandemic and now afterwards with their various ventures. So, we think this is nothing more than a political hit job that’s going to fail.”

Going forward, Oliverio said once his clients are served, he likely will have an opportunity to make a motion to dismiss the case outright. Should that not happen, it will enter the discovery phase where depositions will be taken again, including a statement from Nolan. From there, the court could grant a summary judgment or call for a jury trial.

“Either way, it’s fine with us,” he said, adding that the court will set a schedule for him to respond, usually around 30 days. “A court is going to adjudicate this -- not Mr. Nolan or his lawyers in press conferences -- according to a jury."

Previously:  Lawsuit seeks $14.5 million for former WROTB officer

Catco Construction of Alden is the apparent low bidder to be the general contractor for the $4.3 million Park Road Reconstruction Project.

Town of Batavia Engineer Steve Mountain reported a “favorable” bidding process, in which 11 applications were submitted to take the lead role in an extensive rehabilitation of the road from Lewiston Road (Route 63) to Oak Street (Route 98).

“We will be looking to finalize the awarding of the contract over the next month,” Mountain said, adding that construction could start this fall depending upon the availability of materials. “We’ll be doing the utility work first and then the road work.”

The project consists of the following:

• Installation of new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road;
• Overlaying of pavement and installation of sidewalks on one side of the road from Richmond Avenue to Route 98;
• Installation of new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Funding from New York State will cover most of the cost, except for the $900,000 it will take to replace the water main. The Batavia Town Board recently passed a resolution calling for the issuance of serial bonds not to exceed $975,190, offset by any federal, state, county and/or local funds received.

Western Regional Off-Track Betting Corp. has agreed to pay up to $395,000 for additional property enhancements near Batavia Downs Gaming.

On another front, Batavia Town Supervisor Gregory Post said highway crews are about 10 construction days away from completing culvert pipe on South Main Street Road at the intersection of Wortendyke Road – a project that has closed South Main Street Road to motorists for several weeks.

“We should be on scheduled to open it to traffic prior to the school bus season,” Post said.

Also, the Batavia Town Board on Wednesday night approved a resolution to contract with the Clark Patterson Lee engineering firm to prepare a report and provide other information for the Pratt Road Sewer Study. The $24,000 cost of the study is being paid for by an Engineering Planning Grant.

Richard Andrew Auguliaro, 53, of Mumford, is charged with grand larceny 4th.  On Aug. 15, the Sheriff's Office received a report of a wallet, containing a debit card, stolen from a location in Le Roy. Auguliaro was arrested and charged following an investigation by Deputy Robert Henning and Investigator Ryan DeLong.  He was released on an appearance ticket.

Michael Wesley Flint, 22, of Spring Street, Mount Morris, is charged with criminal possession of a controlled substance 7th. Flint was allegedly found in possession of heroin at the time of his arrest on a violation of probation warrant.  Flint was issued an appearance ticket and then turned over to the Livingston County Sheriff's Office on the warrant.

Corey Amber Knapp, 19, of North Street, Medina, is charged with two counts of criminal possession of a controlled substance 7th. Following a traffic stop at 7;23 p.m., Jan. 1, by Deputy Jacob Gauthier, Knapp, who was a back seat passenger, was allegedly found in possession of fentanyl and cocaine.

The Batavia Town Planning Board wants to see “a big idea” before passing judgment on developers David and Katie Ficarella’s proposal to construct what they are calling the Hickory Ridge Estates senior housing complex on the north side of Route 33 (Pearl Street Road), just over a mile west of the City of Batavia limits.

The Ficarellas, along with engineer John Schenne of Schenne & Associates, East Aurora, and general contractor Frank Lazarus of Lazarus Industries, Buffalo, appeared at the board’s monthly meeting on Tuesday night to re-introduce their plan, which is estimated to cost $17 million upon full buildout.

The Lovers Lane Road couple, about 4 ½ years ago, presented a somewhat different idea - a 110-unit senior residential site, working with Calamar Enterprises of Wheatfield.  That failed to materialize, however, and they are back with a new plan that they hope to build in three phases.

While David Ficarella said he hoped the board would review the site plan of Phase 1 at this time – and deal with future phases later, Planning Board Chair Kathy Jasinski and Town Engineer Steve Mountain advised that the project needed to be submitted in its entirety.

“You can make it smaller if you want to later, but it’s better to do it all as a big idea,” Jasinski said.

Mountain concurred, stating that “the biggest thing that we need in order for the planning board to do a SEQR (State Environmental Quality Review) is exactly what this project and any future phases entail.”

PRESENT THE PROJECT AS A WHOLE

“The site plan … is more than sufficient to bring to the planning board. What we need now is ‘What’s the concept on Phase 1? Phase 2, and where’s the off-site sewer going,” he added. “Any improvements that are part of the project now or in the future have to be identified so they can look at the project as a whole under the environmental review.”

Town Building Inspector Dan Lang said he has received Ficarella’s application, but won’t be able to forward it to the Genesee County Planning Board until the entire subdivision process is complete.

Mountain noted that the planning board needs to see where public roads will be put in, the location of private roadway, plans for private sewer and connecting to public sewer infrastructure, along with information about traffic flow.

The Ficarellas said that Phase 1 will consist of the construction of 40 duplex rentals for tenants age 55 and over on 20.629 acres, located across from Donahue Road, and stretching west along the state highway. All of the units will have two bedrooms and two bathrooms.

Phase 2 calls for an additional 10 duplex rental units on 7 acres just north of the first phase, beyond the National Grid right-of-way that has been identified as a future extension of the Ellicott Trail.

Phase 3 is construction of either rental or custom build homes on 40 acres – extending Donahue Road to the west end of Edgewood Drive, which is part of the Meadowbrook Estates development.

WETLAND MITIGATION REQUIRED

Schenne, who said he designed the Meadowbrook Estates subdivision for (the late) Gary McWethy about 15 years ago, explained that he is working with the Army Corps of Engineers to obtain wetlands permits as about 25 percent of the Phase 1 parcel is wetlands.

Currently, a pond exists on the site and two other ponds for stormwater will be created as required by state law to get a stormwater permit, he noted.

“We have to collect the stormwater, detain it, treat it and release it,” he said. “And we’re not allowed to do that in the wetlands.”

He said the Phase 1 site will drain to Route 33, where there is a large drainage channel along the road, and eventually all of the project ponds will be connected with underground storm pipes and drain tubing.

When asked if the units had basements, he said that would not be the case, adding that the site being flat and having a high groundwater table “really doesn’t lend itself to basements.”

Schenne said the proposal also includes about 3,000 linear feet of water line.

“Gravity sewers would connect through an adjacent property that Dave controls at this point – to the east – and connect to the Meadowbrook subdivision,” he said. “There’s a lift station there and our sewers would dump into sanitary sewers there and run through their lift station to get to the city treatment plant.”

ANOTHER ACCESS POINT ON EDGEWOOD

All utilities, cable television and telephone lines will be underground, said Ficarella, adding that he is working out the logistics with the utility companies and Spectrum.

“Everything is underway. We’re waiting to break ground as soon as we can,” he said.

Lazarus said his company will provide cold-rolled steel to be used to frame the units, instead of lumber, to help the developers keep construction costs “consistent.”

“We use this in the commercial environment .. extensive use in the multi-family and commercial side of things,” he said. “It does have all the engineering requirements for residential … and it doesn’t affect the comfort of the home in any way, shape or form.”

Concerning Phase 3, planner Paul Marchese questioned the plan to connect to Edgewood Drive, pointing out that there currently is only one entrance to and exit from the road.

“Gary (McWethy) was given the permission to expand to some of those but the requirement was that he had to put that point of egress unto (Route) 33 but it never happened,” Marchese said.

Schenne replied that it didn’t happen due to the exorbitant cost of putting in the roads and utilities, but things are different now.

“With this big development going here, the need for a secondary egress for emergency vehicles, plus the fact that we have a force main that we want to run across there, makes a lot of sense to connect this up,” he said, as he distributed a map of a site plan showing nine additional building lots at the west end of Edgewood.

FUEL STATION OR STORE ON SITE?

Jasinski said that there has been much discussion about extending Edgewood Drive, “but this is the first time that it looks like it’s going to happen.”

Ficarella mentioned putting a multi-use facility on 1.75 acres in the southwest corner of the Phase 1 development, possibly a fuel station or store. Currently, it is zoned Agricultural-Residential, and would need a special use permit.

He was advised to include that – as well as details about Phase 2 units as it pertains to the future Ellicott Trail extension -- in the site plan for the entire scope of the project.

“Again, you have to hone in on exactly what it is you’re going to build,” Mountain advised. “And once you know that, that’s when we can review everything.

“Essentially, you need a draft plat mat, so if there are going to be future public roads going to Edgewood, we need to see that layout. It doesn’t have to be a ton of engineering, but it has to be enough to know that it will work – and it all has to be laid out so we can review everything.”

Schenne said that he expects to have the requested drawings done by the planning board’s September meeting.

REALTY OFFICE SIGN APPROVED

In other action, planners approved placement of a sign and the site plan for Zambito Realtors to open an office in a house the company recently purchased at 8329 Lewiston Rd., across the street from Applebee’s.

Lang said the sign would be placed 36 feet from the road and out of the right-of-way, and the site plan meets all existing town zoning regulations.

Owned by Rita Zambito and her son, Mark, the agency has three other locations – the main office in Medina and offices in Lockport and Orchard Park. Rita Zambito said about seven real estate agents will be working out of the Batavia site.

The renovation project includes siding, windows and removal of a breezeway to make room for a handicap ramp. Future plans call for widening the driveway to allow for more parking.

Photo: Presenting the Hickory Ridge Estates development proposal to the Batavia Town Planning Board last night are, from left, David and Katie Ficarella, and John Schenne. Photo by Mike Pettinella.

Previously: Lovers Lane Road couple's senior housing development off Pearl Street Road is back on the table | The Batavian

Charles M. Jackson is indicted on counts of menacing a police officer, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, four counts of reckless endangerment in the first degree, three counts of obstructing governmental administration in the second degree, two counts unlawful fleeing a police officer in a motor vehicle in the third degree, two counts of reckless driving, and criminal possession of a forged instrument in the second degree.  Jackson is accused of attempting to place, or place, a police officer in reasonable fear of physical injury or death by displaying a deadly weapon on March 21. He is accused of placing others in grave danger with depraved indifference to human life. He is accused of struggling with a police officer over a firearm placing others in danger. He is accused of placing others in danger by fleeing from a police officer in a motor vehicle and by ramming into two Genesee County patrol cars. He is accused of obstructing police officers from performing their official duties by fleeing. He is accused of possessing a forged Ohio State Driver's License.

James J. Santiago, Jr. is indicted on counts of criminal possession of a weapon in the third degree, attempted assault in the third degree, menacing in the second degree, and trespass. On May 3, Santiago allegedly possessed a knife while on Washington Avenue, Batavia, with the intent to use it against another person and that he intended to cause physical injury to another person. He is accused of threatening a person with the knife. He is also accused of entering the dwelling of another person without permission and remaining there.

Daniel J. Wolfe is indicted on counts of burglary in the second degree and two counts of criminal contempt in the second degree. Wolfe is accused of entering a dwelling with the intent of committing a crime and of violating an order of protection in the process.

Edwin L. Stancliff is indicted on counts of felony driving while intoxicated, felony driving with a BAC of .08 or greater, and criminal mischief in the third degree. Stancliff is accused of driving a 2004 Chevrolet Trailblazer while intoxicated on Feb. 14 in the Town of Batavia.   He is accused of intentionally damaging a glass door at State Police Troop A headquarters.

Wayne D. Potter is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. On Jan. 11, at 111 Liberty St. Batavia, Potter allegedly held a knife with the intent to use it against another person. He is also accused of placing or attempting to place another person in fear of physical injury or death. On Feb. 16, Potter allegedly assaulted a person while in the Genesee County Jail.

James T. Saddler, III, is indicted on counts of assault in the second degree, criminal possession of a weapon third, and two counts of harassment in the second degree. On June 24, in the Town of Batavia, Saddler allegedly used a tire iron to injury another person.  He is also accused of shoving and kicking another person.

With a qualified candidate for an open assistant district attorney post waiting for results of the New York State bar examination, the Genesee County Legislature’s Public Service Committee is recommending passage of District Attorney Lawrence Friedman’s request to create a new position that would enable her to begin employment right away.

Friedman, at Monday’s PSC meeting at the Office of Emergency Management Services on State Street Road, said he just received word that an ADA will be leaving in two weeks, leaving a void in his department that needs to be filled immediately.

“I have someone in mind to hire … who took the bar at the end of July,” he said. “Experience has taught us it is very difficult to fill these positions.”

Per the resolution passed by the committee and forwarded to the full legislature next week, the candidate is a Genesee County resident who completed law school and has indicated a desire to become an ADA upon passing the bar exam.

The new position of a full-time temporary criminal law associate, per the resolution, “will allow this individual to perform many of the duties of an Assistant District Attorney, while under the direct supervision of a licensed attorney … to help alleviate the backlog of work.”

Friedman said another ADA is on Family Leave until January 2022.

The candidate, who was not named, has been a Genesee County dispatcher for seven years and has experience as a court clerk, Friedman said.

“I’ve known her for a long time. She’s a local resident who very much wants to be a prosecutor,” he said, adding that an order from the Appellate Division authorizes her to work during a “training period” until becoming a full-fledged lawyer.

The term of the new position is Aug. 30 through Feb. 28, 2022, but Friedman said he hopes it will be shorter than that.

In another development, the committee voted to accept an Airport Improvement Program grant from the Federal Aviation Administration for the reconstruction of the existing apron and associated lighting at the Genesee County Airport.

Total cost of the capital project is $1.5 million, with federal and state funding taking care of all but the county’s share of $75,866 (which will be paid from the 1 percent sales tax fund).

The legislature’s Ways & Means Committee met after the PSC, approving several resolutions, including the following:

• Charging back to several towns and the City of Batavia for assessment rolls, tax rolls, tax bills, supplies, and assessment update services that were provided in the previous fiscal year.

The total amount of chargebacks, which will be applied to 2022 town and city budgets, is $87,651. Another $12,650 is being charged back for New York State licensing fees.

Amounts by municipality, with figures representing number of parcels, assessment rolls/bills, license fees and total:

• Alabama --- 1,130; $3,390.00; $1,000.00; $4,390.00.
• Alexander -- 1,459; $4,377.00; $1,000.00; $5,377.00.
• Batavia (Town) -- 3,121; $9,363.00; $631.05; $9,994.05.
• Bergen -- 1,668; $5,004.00; $1,000.00; $6,004.00.
• Bethany -- 1,019; $3,057.00; $427.10; $3,484.10.
• Byron -- 1,359 ; $4,077.00; $1,000.00; $5,077.00.
• Darien -- 1,844; $5,532.00; $772.90; $6,304.90.
• Elba -- 1,502; $4,506.00; $1,000.00; $5,506.00.
• Le Roy -- 3,483; $10,449.00; $1,045.32; $11,494.32.
• Oakfield -- 1,522; $4,566.00; $1,000.00; $5,566.00.
• Pavilion -- 1,515; $4,545.00; $454.68; $4,999.68.
• Pembroke -- 2,485; $7,455.00; $1,200.00; $8,655.00.
• Stafford -- 1,576; $4,728.00; $1,000.00; $5,728.00.
• Batavia (City) -- 5,534; $16,602.00; $1,118.95; $17,720.95.

The 2020 chargebacks totaled $98,427.00.

• Authorization to submit a grant application to the New York State Office of Community Renewal for a Community Development Block Grant of up to $1 million to assist small businesses (25 employees or less) and microenterprises in the wake of losses incurred during the COVID-19 pandemic.

The funds would be facilitated by the Genesee Gateway Local Development Corp., said County Manager Matt Landers.

The resolution indicates the grant will lead to “substantial benefit to Genesee County in forms of safer businesses, new investment, and new or restored employment positions.”

• On another front, Landers said the committee charged with studying the new county jail is supporting the building of a 184-bed, four-pod facility on West Main Street Road, including the construction of a backup E-911 center.

Landers said the plan is to solicit bids in the late fall or early winter and to break ground next spring.

The lawyer representing Michael Nolan, the former chief operating officer at Western Regional Off-Track Betting Corp., is suing for $14.5 million following his client’s termination last December.

The 23-page document filed Aug. 12 in U.S. District Court Western District of New York by attorney Steven M. Cohen of HoganWillig, PLLC, names Richard Bianchi, chairman of the WROTB board of directors, and Henry Wojtaszek, WROTB president and chief executive officer, as defendants.

The suit is asking for Nolan to receive $4.5 million for violating his First Amendment rights, another $4.5 million for breaking the state’s Civil Service Law and an additional $5.5 million for emotional pain and suffering.

Nolan, who lived in Elma at the time of his employment, now resides in West Palm Beach, Fla. The lawsuit is requesting that the matter be settled by a trial by jury.

As reported on The Batavian last December, following Nolan’s firing from a job that paid more than $100,000 per year, Cohen said that his client had been ostracized and shut out of OTB developments since April of 2019 for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

Also, at that time, Daniel Oliverio of Hodgson Russ, the attorney representing WROTB, disputed the allegations, stating that evidence gained through months of examination and interviewing of more than 30 witnesses did not substantiate Nolan’s claims, and that his termination was carefully considered and appropriate as it pertains to job performance.

The Batavian placed calls to both lawyers today seeking comment on the recent filing of the suit, which follows up Cohen’s previous civil action that sought “at least $5 million in damages” for Nolan.

The updated suit calls for $14.5 million in compensatory damages plus Nolan’s reinstatement to his former COO position, reinstatement of full fringe benefits and seniority rights, damages sustained due to the violation including, without limitation, the compensation for lost wages, benefits and other remuneration, and payment of all reasonable costs, disbursements, and attorney's fees.

Previously: WROTB fires chief operating officer who files Notice of Claim seeking $5 million in damages

While staffing, or lack thereof, has been at the forefront of issues facing the Genesee County Office of Emergency Management Services, the importance of dependable equipment also is high on the list.

County EMS Coordinator Tim Yaeger on Monday afternoon emphasized that point to members of the Genesee County Legislature’s Public Services Committee during a meeting at EMS headquarters on State Street Road.

“We are looking at replacing ESU2, which is labeled as a mobile communications command unit … (and serves) as the mobile office,” Yaeger said. “It’s 16, 17 years old and it’s starting to show some wear and starting to show its weaknesses in reliability.”

Yaeger said he is in the process of putting a capital project together to obtain a larger mobile unit, stating that he expects the cost to be in the $400,000 to $450,000 range. He said he is hoping to “carve out a bit of money every year,” adding that the current unit does have some value as a trade-in.

He said the mobile unit is used once or twice a month on average, and is the only vehicle of its type in the county.

“The last thing we want it to be is not reliable,” Yaeger said.

The EMS coordinator touched on several other topics, including the Ready Genesee app, day-to-day staffing and operations, a contract with Municipal Resources Inc. to study the county’s fire/emergency response capabilities, training, other projects and funding.

READY GENESEE APP

Yaeger reported that his office will be working with the Genesee County Health Department to research other apps “in regard to capabilities, efficiency and cost effectiveness as an alternative to the app currently being used by the county.”

The Ready Genesee app was launched in April 2016 to assist residents in case of emergencies and as a tool to receive instant notifications should an emergency occur.

“This app has proven to be a valuable tool in communicating with the public in the past and during the on-going COVID-19 health crisis,” Yaeger reported.

DAY-TO-DAY OPERATIONS

“Overall, as far as the normal day-to-day operations of the office, we’re in really good shape,” he said. “There are struggles that we’re starting to see from the volunteer staffing side. It’s starting to affect our specialized team capabilities; it’s starting to affect our instructor staff that both work for the county and New York State.”

Yaeger said the candidate pool in the EMS field is shrinking.

“So, it’s that same issue (as staffing of volunteer fire departments) with the skill sets that we’re needing becoming very scarce, and my fear is that through that process we start to lower the bar. And, that’s the furthest thing that we need,” he said.

He said the expectations of his office continue to increase, noting that county EMS employees are having to be more “hands on” when it comes to emergency response.

Yaeger mentioned that Gary Patnode has been promoted to deputy coordinator position, and interviews are being scheduled to fill his former post as training technician.

Responding to a question about the factors affecting the EMS candidate pool, Yaeger said, “The expectation of the skill set that they’re required to have is getting harder and harder to find. That’s a difficult part. The pay scale is always an issue; it’s very competitive – to be able to find those opportunities.”

He also said the reality is that there are fewer people involved in public safety, citing the number of hours needed for training and the level of compensation in many cases.

MRI’S WORK CONTINUES

Yaeger said he was encouraged by last month’s visit of four MRI representatives, reporting that they held 21 meetings in a three-day period.

MRI consultants will “make more rounds to fire companies and getting surveys out to firefighters and the community” as well as looking into the age and capabilities of fire stations throughout the county, he said.

He also shared the situation in the Town of Bethany, where the fire chief is shorthanded due to serious illness of a longtime paramedic.

“He’s at a loss,” Yaeger said. “What does he do now because he has less and less medics? So, how do we get the ambulance on the road? He’s very frustrated and upset.”

It falls upon county EMS to bridge the gap, he said, until a solution to our crisis in staffing across the county is found.

TRAININGS MOVE FORWARD

Yaeger said trainings have restarted after being shut down by COVID-19.

Some of those trainings include:

• Automated external defibrillator drills. The initial AED training was conducted by the county in 2017 with recertification required every two years. Office of Emergency Management staff is in the process of coordinating the in-person AED recertification for county employees. Training is planned for 2022.

• Fire drills. Six fire drills were completed to date with an additional 13 scheduled at county-owned or occupied buildings. In addition to the EMS office staff, personnel at Facility Management, City of Batavia Fire Department and Town of Batavia Fire Department will or have assisted in these drills. AED inspections are being conducted at the time of the fire drills.

• Fire extinguisher inspection/AED inspection. As of 2018, the EMS office has taken on the added responsibility of the annual fire extinguisher inspections and semi-annual AED inspections. This effort is an attempt to provide a more comprehensive and cost effective service. Inspections of fire extinguishers in county buildings are complete for 2021.

PROJECTS INCLUDE PARKING LOT

Calling it the most important upgrade at this point, Yaeger said his office received a State and Municipal award for $60,000 to repave the main parking lot.

Work consisted of repaving of the main entry and main parking area of the Fire Training Center/Emergency Operation Center, including the rear driveway and entry to the rear apparatus bay as well as adding gutters to the main facility.

Also, Yaeger mentioned he is awaiting the go-ahead to resume construction of a training maze that was started by Iroquois Job Corps students. Materials were acquired through a donation from a local business.

He said the EMS office has received approval from Homeland Security of New York State to use Homeland Security funds to buy an unmanned aerial system (drone).

“It took us about a year to put the policies and procedures together that FEMA (Federal Emergency Management Agency) requires to have in place to be able to use Homeland Security money to purchase that drone,” he said.

HOMELAND SECURITY FUNDING DECREASES

Yaeger said funding from Homeland Security fell by 11 percent for this fiscal year, from $82,336 to $73,620.

“I don’t know if that money is going to continue but it’s a little bit disturbing because we rely a lot on that money to run our programs and run our office,” he offered. “I’d hate to see that Homeland Security money downsize itself. It’s really important that we continue that appropriation.”

Additional funding sources include Hazardous Materials Emergency Preparedness, Emergency Management Performance, Regional Hazardous Materials and Public Assistance Program grants.

Two people from Rochester were arrested in the City of Batavia on suspicion of selling crack cocaine, powder cocaine, fentanyl, suboxone, and amphetamines.

Germayne D."Case" Session, 27, of Carl Street, is charged with six counts criminal possession of a controlled substance 3rd, three counts of criminal sale of a controlled substance 3rd, two counts of criminal possession of a controlled substance 5th, and two counts of criminally using drug paraphernalia 2nd.

Sylvia Perez, 60, of Carl Street, is charged with four counts of criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, two counts of criminal possession of a controlled substance 5th, criminal possession of a weapon 3rd, and two counts of criminally using drug paraphernalia 2nd.

Members of the Local Drug Task Force made controlled purchases of suspected narcotics from Session and Perez. As a result, a search warrant was obtained and executed yesterday at a location not disclosed by the Sheriff's Office.  

Besides the drugs, investigators also reportedly found a digital scale and packaging material.  Perez was also allegedly found in possession of a stun gun.

The defendants were arraigned in City Court on the charges.  Bail was set for Session of $10,000 cash or $20,000 bond.  Session was also held in the Genesee County Jail on a parole warrant.  Perez was released under supervision of Genesee Justice.

The Task Force was assisted by Batavia PD, Sheriff's deputies, NYS Parole, and the District Attorney's Office.

The Genesee County Legislature’s Ways & Means Committee today acted upon a suggestion by the Pembroke Town Board to increase the amount of sales tax earmarked for distribution to towns and villages by passing a resolution amending the county’s sales tax allocation agreement with the City of Batavia.

Meeting at the county Emergency Management Services office on State Street Road, the committee approved a restated contract with the city – which along with the county is one of the two taxing municipalities in Genesee County.

The amended agreement ups the amount of sales tax revenue the county is willing to share with its towns and villages over the next 38 years from $7 million to $8.5 million.

It also drops the amount of other revenue the county will distribute – on a periodic basis – from $3 million to $1.5 million – keeping the total amount at the $10 million level that county leaders felt comfortable sharing.

This latest legislation, which is subject to final approval by the full legislature at its Aug. 25 meeting, was triggered by the recent opting in of revised water supply agreements with the county by the Village of Corfu and the Town of Pembroke.

When the Pembroke Town Board voted to opt in to a new water agreement last week – leaving the Town of Darien as the lone municipality to not sign on to a new deal, Supervisor Thomas Schneider Jr. proposed increasing the fixed sales tax distribution amount.

Genesee County, with a goal of equalizing water rates across the board and having the ability to raise the water surcharge as its Countywide Water Supply Project progresses, initially offered to distribute $10 million in sales tax money as long as all 17 towns and villages opted in to new water supply agreements. If not, then the split was going to be $7 million in sales tax and $3 million in other revenue.

Following today’s Ways & Means meeting, County Manager Matt Landers acknowledged that Pembroke’s suggestion was well received by the legislature.

“The legislature was supportive of moving from $7 million to $8.5 (million) because it does help those towns and villages with their accounting issues that came to light by not being able to share revenue distribution into their B funds,” he said.

“So, the legislature was receptive to the opportunity to share extra sales tax as we understood the Town of Pembroke’s position, seeing that Corfu has already passed it and Darien had not passed it. Pembroke was left thinking what’s the advantage for them to sign the updated water supply agreement if there wasn’t going to be an increase over the $7 million.”

When asked about the status of the Town of Darien, Landers said he continues to speak with officials there and is hopeful that something can be worked out prior to the legislature taking up the final resolution next week.

In other developments, Ways & Means:

-- Approved a request by County Attorney Kevin Earl to extend the statute that spells out the county’s hotel/motel room occupancy tax by three months – through the end of the fiscal year – as the legislature attempts to sort out whether to pass a long-term revision that would include taxation of online booking platforms, such as Airbnb.

“It would be a major change if we did it right now,” Earl said, referring to drafting complex changes at this time. “So, what I’m proposing is to extend the current law to the end of the year … and, obviously, the final one that we propose would be for three years starting in January.”

Legislators have been grappling with this issue for several months, reaching out to Chamber of Commerce staff members for their input in how to capture a portion of the income being generated by increasingly-popular home-based lodging sites.

Committee Chair Marianne Clattenburg agreed that it would be wise to wait before enacting a permanent bed tax law because “I don’t know if we’ve really come to terms with all that is involved …”

-- Welcomed Batavia native Justin Gerace on his first day as a county assistant engineer, with his primary responsibility focusing on helping to facilitate the long-term Countywide Water Supply Project.

A 2014 Batavia High School graduate, Gerace earned his associate’s degree in Engineering Science from Genesee Community College before transferring to the University of Buffalo. At UB, he obtained a bachelor’s degree in Civil Engineering and a master’s degree in Structural and Earthquake Engineering.

Last fall, he worked for the structural engineering firm of Simpson, Gumpertz & Heger in New York City, but said he felt the call to return to his roots.

Previously, he was an intern for LaBella Associates in Rochester and for Arup in New York City.

“(County Engineer) Tim (Hens) informed me of this position .. and I thought it was a good fit,” he said. “I will be able to stay local and be near my family.”

Gerace acknowledged a “big learning curve” as he studies documents and visits water pump stations in and around Genesee County.

“I’m excited … I know there’s work to be done over the next 10 or 15 years,” he said, noting the county is moving into Phase 3 of the water project. “Just getting up to speed on all of the moving parts. It’s pretty daunting.”