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In a Zoom press conference with reporters from throughout the region this morning, Genesee County officials pleaded with residents to try and help bring down the local COVID-19 positivity rate so the state doesn't put us in an Orange Zone, which would mean business closures.

"Our numbers are still," said County Manager Matt Landers. "They're rising to an unacceptable level, and it is very concerning to myself, to Legislative Chair (Shelly) Stein and Paul (Pettit, public health director), because we know what an Orange and a Red (Zone) does to a community. We know that it will negatively impact our businesses, and that's the last thing we want to see."

The seven-day rolling positivity rate for Genesee County is 9.2 percent. The 14-day rate is 8.3. That puts the county dangerously close to another lockdown order.

Landers noted that local residents, when going to bars, restaurants and local retail establishments they are doing a good job of following CDC guidelines: keeping their distance and wearing masks as directed. However, most of the local positivity rate is being driven by social gatherings on private property.

The contact tracing health workers do when a new positive case is identified is revealing a strong trend, Pettit said. People are going to private gatherings and getting infected. The secondary trend more prevalent recently is people coming home and infecting another member of the household.

"There's a lot of effort, a lot of communication going out, but ultimately, we need people to know, it comes down to choices and what people choose to do," Pettit said. "And, you know, we're asking folks to choose to try to minimize, and really from our perspective, do not get involved or not go to any nonessential gatherings that you don't have to."

Stein also asked people to be more cautious in the choices they make.

"Unfortunately, we have to step up our vigilance even more, cautious as the temptation is for gatherings, as it becomes stronger during Christmas and New Year's right around the corner," Stein said. "We cannot relax our social distancing to have our normal gatherings. At the same time, I don't want to be sending mixed messages, but Christmas and the holidays are important for our local businesses who are already suffering. Please, please take the proper precautions as you go about your shopping, practice, safety protocols, shop online locally if possible, be mindful of every action that you take."

There is light at the end of the tunnel, Petit noted. One COVID-19 vaccine has arrived and another is nearing approval for distribution. Even so, it will take months to get enough people vaccinated to make a difference. In the meantime, the message remains the same: follow the guidelines.

As local media reports the rising number of COVID-19 cases, there are still people on social media who try to downplay the critical nature of the current surge of identified coronavirus cases.

We asked Pettit about some of these common myths and misconceptions. 

What about the flu? How come we never hear about the flu?

"The flu is obviously a concern, right? I mean, we have flu season every year," Pettit said. "Flu is different than COVID. They're not the same thing. There's a lot of comments and conversation around there that it's just the flu or they're not reporting flu numbers. We've had a very comprehensive flu tracking system for a long time. Flu is starting to pick up. People can go on the state's Department of Health website and actually look and see a number of confirmed flu cases all across the state.

"We do have flu cases locally. It's not widespread yet, so obviously every year we get a declaration from the commissioner of health at some point when flu is pervasive and widespread through New York State, and that's the official start of flu season."

Pettit also noted that just like there are some people with COVID-19 who don't get tested, it's common for people with the flu not to get tested so you can't really compare COVID cases, which is more frequently confirmed during this pandemic, than flu cases.

What about the false positives?

"I can tell you that all of our positives we report in Genessee and Orleans county are positive for the case that there's a confirmed lab test that shows they're positive," Pettit said. "When you look at the tests that are being done for confirmation purposes. Again, the PCR test is a lab-based molecular test, the sensitivity, and the specificity. So that confirmed positive. ... We're pretty comfortable and confident that our positive cases are positive cases. 

"There is a chance of more false negatives with some of these rapid tests particularly. They're not quite as good, but most of them are around 93 to 95 percent accurate on the negative side."

Aren't other diseases are getting reported as COVID-19 positive case?

"We're not mixing up diseases," Pettit said. "We're not reporting flu as COVID. They're completely different viruses. There are different tests that detect the virus. So there really is no mix-up. I mean, we're specifically testing for specific diseases."

There are only 220 active cases in a population of 57,000. Aren't we overreacting?

"The big deal is, and again, I'm gonna go back to what I talked about earlier, the hospitalization rates in our most vulnerable folks to go with a high positivity rate. The big deal is we don't want to see anybody die if we don't have to -- if we can prevent it. ... If you look at positivity in cases, the viral load in our community, the better chance we can have of not impacting one of these folks that may be higher at risk.

"The more positives we have in our community, the more activity, the number of active cases that just tells us it's a snapshot of look under the hood, that we have a lot of transmission going on and that transmission's based on behavior. Sometimes we can't pick and choose who gets exposed to that. Ultimately, the goal is to try to get that lower. We want to see less active cases. We want to see a lower positivity rate."

There are COVID-19 patients from Rochester at UMMC. Isn't that contributing to our higher numbers?

Pettit said it's true that there are Monroe County residents being treated at UMMC. There are also Genesee County patients being treated in Monroe County. The 24 people currently listed as hospitalized are Genesee County residents, regardless of where they are currently located and no Monroe County residents are included in that number.

What about Batavia Downs? Why is it open? 

"When it comes to businesses, again, we're following the state's guidelines on who can be open and when they can be open and what capacity they can be open at," Pettit said. "Obviously, when you get into different zones or reductions of different sizes and gatherings, essential nonessential services. Ultimately, when it comes to any of these types of areas, the most important things people look at are their risk, their potential exposure, and how COVID may play out for them personally. But any of the businesses that are open currently are operating at whatever the governor in the state has deemed appropriate and safe for them to operate. 

"Ultimately there's risk wherever we're going out, which is why it's important to continue to remember, to mask in the distance and stay home if you're sick. So ultimately, we're not dictating locally what businesses are open or closed. It's all done through the state guidelines. And that's been that way since last spring."

And we asked Pettit address the oft-repeated phrase: "Don't live in fear."

"I don't think we should live in fear," Pettit said. "I've never been a proponent of living in fear, but I do believe we need to have respect. It's about respecting the virus. It's about respecting what the virus can do to not only us, but our loved ones and those in our community. And it's about respecting each other. And ultimately, as we've said many times, we are in this together, whether we like it or not. We are in this as a community and we need to respect each other's feelings and positions on things and ultimately do our best to come together during this time to get us through the finish line."

Press release:

• Genesee County received 48 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield and Pavilion.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Twenty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-four of the positive individuals are hospitalized.
  • Two of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility.
• Orleans County received 38 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Murray, Ridgeway, Shelby and Yates.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 80s.
  • Eight of the individuals were on mandatory quarantine prior to testing positive.
  • Twelve of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.
  • One of the new positives counted on 12/16/20 was determined not to be an Orleans County resident and has been deleted from our total numbers
  • We are saddened to report the COVID-related death of one of a community resident. The individual was over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the family and friends of this individual during this very difficult time.

The Batavia Town Board on Wednesday night took the first step toward consolidating all of town’s water districts into one by passing a resolution to accept a $45,930 grant from the New York State Department of State’s Citizens Reorganization Empowerment Implementation program.

Town Supervisor Gregory Post said that the grant will cover the costs of engineering services provided by staff and outside consultants to put together a plan to combine the town’s 30 or so water districts and improvement areas into a single water district to be known as the Town of Batavia Consolidated Water District.

“This is something that we have been working toward for the past 15 years, and the grant gives us the opportunity to get it started,” Post said. “In fact, I have advocated for this for the 35 years that I’ve been involved in town government.”

Post said that consolidation will save the town money in the areas of water district management and administration, and will pave the way for an asset management and capital improvement plan in a cost-efficient manner.

“I expect that we will save hundreds of thousands of dollars in future administrative costs, while also putting us in line with state regulations,” he said.

Post said it behooves the town to start this process now as much of the water pipeline that was constructed in the early 1970s is nearing the end of its lifespan. He also said the town was called out by the state Comptroller for not keeping separate accounts of each of the town’s more than 30 water districts.

“By consolidating into one, we will be able to spread the cost of debt through all town water users and meet state requirements,” he said, noting that the town did merge a few water districts previously.

“Many users haven’t paid any water debt in 20 years; they’re just paying for the water. But those in the newer districts won’t be able to get water if the old pipes fail. Consolidation would equalize the cost across the board, and everybody will reap the benefits.”

Currently, residents in about 15 water districts are paying some level of debt service via a special district tax.

The supervisor said the town would be in a better position in terms of economic development as well by “leveraging all commercial, industrial and residential areas into a common resource.”

Post did acknowledge that the move to consolidation could be somewhat controversial, but it would be “unaffordable for those in districts with aging pipelines that become not suitable to have to pay 100 percent of the costs (to repair or replace them).”

Town Engineer Steve Mountain said his staff will begin work next month on drafting a report detailing the consolidation plan and hopes it will be ready by this summer. He also said public information meetings will be scheduled.

“We want to make sure that everybody affected by this is part of the process,” he said.

In other developments:

• The board approved a resolution appointing James Kirsch to the position of assessment aide at a wage of $26.78 per hour and not to exceed 15 hours per week, effective Dec. 21.

• Town Clerk Teressa Morasco reported that the 2021 town/county tax bills will go out on Dec. 31 and, due to COVID-19, residents paying by check or money order are encouraged to mail their payments to Town of Batavia Tax Collector, P.O. Box 108, Warsaw, NY 14569 (going to the town’s bank) or utilize the drop box located by the Town Hall’s front door on West Main Street Road.

If paying by cash, payments will be accepted at the drive-up window from 8:30 a.m. to 4:30 p.m. Monday through Friday.

Press release:

• Genesee County received 62 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield, Pavilion and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s, and 90s.
  • Thirty-three of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-four of the positive individuals are hospitalized.
  • Six of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility, six of the new positive cases are residents at Premier Genesee Center for Nursing & Rehabilitation, and one of the positive individuals is at the VA Medical Center.
• Orleans County received 28 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Kendall, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
  • Ten of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.

Batavia Downs Gaming is gearing up for the resumption of its summer concert series and will have a brand-new stage for the performers to belt out their tunes.

Directors of Western Regional Off-Track Betting Corporation today supported an expenditure of about $110,000 to purchase the stage from Audio Images Sound & Lighting, a local company located at 2 Treadeasy Drive, Batavia.

“This is a quality stage -- and the price is outstanding,” said Henry Wojtaszek, WROTB president and chief executive officer. “We have been paying $120,000 a year to rent a stage and now we can buy one for less than that and it will last easily for five years.”

Wojtaszek said WROTB will continue a separate contract for operation of the lights and soundboard on concert dates.

As far as the 2021 lineup, he reported that seven of the eight concerts are confirmed. Currently, only July 30 is open. The other dates are June 25, July 2, July 9, July 16, July 23, Aug. 6 and Aug. 13.

Acts scheduled to visit Batavia Downs Gaming this summer include Don Felder, formerly of The Eagles; Molly Hatchet, and Steve Augeri, former lead singer of Journey.

In other developments:

• Chief Financial Officer Jacquelyne Leach said that November was a “break-even month,” putting a further damper on the year that saw proceeds up by $1 million through February compared to the same time frame in 2019 before COVID-19 reared its ugly head.

“As a result, there will be no earnings distribution for 2020, but the surcharge, which goes to the municipalities (supported by WROTB) is $725,000,” she said, adding that the $64,000 in surcharge generated in November will be distributed in a couple weeks.

Leach reported that the $3.1 million Payroll Protection Program loan received by Batavia Downs Gaming for COVID-19 pandemic relief is expected to be “fully forgiven” per program guidelines.

She also provided projections for the 2021 operating plan with expected distributions on an annualized basis totaling $1.4 million in earnings and $812,705 in surcharges.

• The board approved the corporations’ vehicle use policy, and was informed by Wojtaszek that plans call for downsizing the fleet, which is at about 40 vehicles currently.

He said WROTB could save money by reducing the number of cars and trucks, and giving a stipend instead to those who currently are using company vehicles extensively. Less than 10 people have use of company cars on an everyday basis, he noted.

• Salaries for WROTB officers approved for 2021 are as follows: Wojtaszek, president/CEO/general counsel, $191,846; Leach, $144,746; Scott Kiedrowski, VP/Operations, $107,420; William White, VP/Administration, $107,399; Michael Nolan, COO, $119,704.

Jocelyn Sikorski of Alexander is the new executive director of Cornell Cooperative Extension of Genesee County.

Sikorski, who has served as executive director of the Genesee/Orleans County and City of Batavia Youth Bureaus since 2012, will begin her duties at the CCE office at 420 E. Main St. on Jan. 25.

“We are excited to bring Jocelyn on board,” CCE Board President Lucine Kauffman said in a media release. “She brings such a wealth of knowledge with deep roots in youth development and a true understanding of local community needs.

“She has a proven track record of management, advocacy and education, which translates well to the position of executive director.”

The agency’s search committee had interviewed two candidates – Sikorski and Julianna Frisch of Brockport – and both made virtual public presentations on Nov. 30 via Zoom.

Sikorski will take over the reins of the 100-year-old organization that provides programs in youth development, agriculture, nutrition, leadership, and community and economic development.

Recently, Sikorski played an integral role in the establishment of the Liberty Center for Youth afterschool program, which saw the relocation of the City Youth Bureau from MacArthur Drive to City Church’s St. Anthony’s campus on Liberty Street.

She holds a master’s degree in Public Administration from Brockport State College, and has worked for Genesee County’s youth bureau since 1999.

Her community and civic activities include serving on the Genesee County STOP-DWI Board, GLOW YMCA Corporate Board and Genesee United Way Board and Allocations Committee. She is a past president and board member of Batavia Kiwanis Club, and a member of the Leadership Genesee Class of 2007.

Genesee County Manager Matt Landers, speaking for county employees, said "while we are sad to see Jocelyn leave Genesee County government, we wish her all the best in her new position."

"Jocelyn has served the youth of this county well over her 21 years of service. I look forward to working with Jocelyn in her new role over at CCE and am confident she will serve that organization well for years to come," he said.

Landers advised that he and his staff will be reviewing the Youth Bureau in its entirety before determining the next step.

"Whenever a department head leaves, there is an opportunity to examine how service is delivered and an opportunity to reimagine county government," he said.  

An email to Sikorski for comment was not returned at the time of the posting of this story.

File photo by Howard Owens.

Residents on both sides of the fence concerning a plan to place two community solar projects on land owned by Donald Partridge at 5117 Ellicott Sreet Road will have to wait a bit longer to express their views in front of the Town of Batavia Planning Board.

Planning Board Chair Kathy Jasinski said several Ellicott Street Road residents – including some who spoke out at the Genesee County Planning Board meeting last week -- were ready to voice their opinions again at tonight’s meeting via Zoom videoconferencing.

Planners are considering a proposal to place a 5-megawatt solar farm on 18.2 acres of a 65-acre parcel and a 4-megawatt system on 19.6 acres of a 71-acre parcel of farmland off Route 63, southeast of the city.

“A lot of people were on the Zoom call but I told them they were not allowed to talk tonight, but will definitely have their chance at the public hearings next month,” Jasinski said.

The public hearings for the referrals, called Trousdale Solar I and Trousdale Solar II, are scheduled for 7 p.m. Jan. 19.

Partridge, a planning board member, has indicated that he would abstain from any voting on the project, which is being developed by Cypress Creek Renewables LLC.

Jasinski, when asked if she thought putting two nearly 20-acre solar arrays next to each other went against the town’s zoning limitation of 20 acres, said that she sees them as two separate entities as they are 50 feet apart and have separate power connections.

“The only thing they share is an access drive,” Jasinski said, “so I really believe they are two different projects.”

At the county planning meeting, Nancy Brach of 5168 Ellicott Street Road contended that two side-by-side solar farms, at almost 40 acres, went against the parameters of the zoning regulation.

In other action, town planners:

• Put an application from LandPro to build a storage and maintenance facility at 4554 W. Saile Drive on hold while it reaches out to other agencies who may be interested in seeking lead agency status for the State Environmental Quality Review.

Jasinski said the town planning board wants to be the lead agency, but the scope of the project requires a coordinated review, possibly including the state Department of Environmental Conservation, Department of Transportation, and Department of Agriculture and Markets.

“I will write to them to see if they want to be involved in this process,” Jasinski said, adding that the board pushed the site plan review back to its Jan. 19 meeting.

• Will be seeking lead agency status for Rochester Regional Health’s plan to build a four-story, 140,000-square-foot medical office building at 8103 Oak Orchard Road (Route 98).

Jasinski said a public hearing for this referral is unnecessary since a special use permit is not required on property zoned Commercial.

She said the board will put this on the agenda of its Jan. 5 meeting, while the town’s Zoning Board of Appeals will consider an area variance due to the building height on Jan. 21.

​Press release:

• Genesee County received 64 new positive cases of COVID-19. 
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Elba, Le Roy, Oakfield and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s, and 90s.
  • Fifty of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-four of the positive individuals are hospitalized.
  • Three of the new positive cases are residents at Premier Genesee Center for Nursing & Rehabilitation.
• Orleans County received 19 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Carlton, Clarendon, Kendall, Murray, Ridgeway and Yates.
  • The individuals are in their 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Five of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-four of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.

Everything is coming together at the right time for the City of Batavia to embark on an ambitious revival of the City Centre Mall and surrounding area, according to Ed Flynn, director of planning for the consulting firm of LaBella Associates in Rochester.

“We think the stars are aligned at this point,” said Flynn, during a presentation at Monday night’s City Council meeting at the City Hall Council Board Room. “We’ve got the agreement in place, executed for the City Centre. We’ve got the $1 million in DRI (Downtown Revitalization Initiative) funding. And we’ve got a ton of other projects that are either in the pipeline or in the works downtown that are going to complement each other as they happen.”

Flynn, a Batavian, said LaBella Associates is the lead consultant for the state funded DRI project, working in conjunction with Underberg & Kessler LLP (legal) and Archer (graphic design).

An advisory committee also played a key role in pinpointing how the city will spend the $1 million, along with looking “at other things besides the mall property, and the mall building itself,” Flynn said.

Members of the advisory committee are Interim City Manager Rachael Tabelski, Public Works Director Matt Worth (recently retired), Water/Wastewater Superintendent Bill Davis, Batavia Development Corporation Director Andrew Maguire, City Council Member Jeremy Karas, Paul Gister of National Grid, Business Improvement District Director Beth Kemp, and Genesee County Economic Development Center President Steve Hyde.

The group’s proposal centered on creating a comprehensive package of information about the mall and the city – “getting that information into one place,” Flynn said – along with defining mall concourse improvements, providing cost estimates, exploring additional funding, reaching out to the public and stakeholders, preparing for future development and satisfying agreements with owners of businesses in the mall.

“We have been working to not only determine the best ways to use the resources of the $1 million DRI grant at City Centre, but also future components of what the interior of our City Centre Mall and the entire campus would look like,” Tabelski said.

Key points of Flynn’s presentation included a plan for concourse renovations and options for mall merchants to enhance the façades of their businesses.

It also brought to light a theoretical component outside of the scope of the DRI -- a three-story, 70,000-square-foot residential/commercial building on the east side of the mall at the corner of Alva Place and Bank Street, adjacent to where the proposed new police headquarters would go.

“That is conceptual based on the market,” Flynn said, adding that developers have inquired about opportunities for housing and, possibly, commercial ventures. “It’s a vision of what could work and what is deemed by the public as acceptable.”

Flynn said the DRI grant would just about cover the cost of concourse work, which would consist of removing and replacing the floor tile (which currently doesn’t match); painting walls, columns and crossbeams; installing low-level lighting, and removing and replacing the silo entryways “that never have been very attractive or functional.”

He noted that the city already has invested about $600,000 to repair the roof – a longtime problem, with that investment completing its DRI responsibility.

Private investment to upgrade individual storefronts (not a cost to the city) for mall business owners are optional, Flynn said, but incentives of up to 75 percent reimbursement may be available.

As far as Bank Street is concerned, Flynn said the mixed-use building has the potential to generate $19 million in private, new investment.

“Obviously, there would be a lot of tax revenue that would be created as part of that, but also with all of the new folks living downtown and some of the commercial activity – it would create a lot of vitality downtown and start to enclose Bank Street, which is pretty wide open right now,” Flynn said.

He also presented figures revealing that there will continue to be plenty of available parking – at least 590 spots -- even with the new building, when considering off-street parking lots and Alva Place and on-street parking.

“I think the takeaway from this is with the project, you’ll be able to satisfy both the DRI and the mall agreement objectives; also, be able to potentially develop some lots … at the City Centre and create some tax revenue … and also that you have enough funding to actually do what you need to do at the mall with the DRI funding,” he said.

At that point, Tabelski reminded Council members that one portion of the roof has yet to be completed – near Dan’s Tire Service – and bids for that work will go out this spring. That piece is part of the agreement between the city and mall merchants, she said.

Council Member John Canale asked about the Downtown Theatre 56 plan to complete its façade work with the DRI money it obtained, but Tabelski said the cost of all the interior work left no money for the outside renovations.

“Our intent is to look at a Main Street grant to complete that façade work,” she said.

In a related development, Council approved a resolution to apply, through the Batavia Development Corporation, for a New York Main Street grant for up to $500,000 to assist Theatre 56 with the completion of its project.

In a memo to City Council, Maguire outlined the BDC’s successful track record of obtaining Main Street, Anchor and Building Improvement Fund grants, and noted that matching funds for the Theatre 56 project would include money from the Batavia Players and its DRI.

Maguire, responding to a question from Council Member Rose Mary Christian about the return to the city in property and sales taxes, said he couldn’t provide an exact figure, but would research it and get back to the board.

Renderings at top of the City Centre Mall entryways and concourse and rendering at bottom of a conceptual building on the Bank Street corridor, courtesy of LaBella Associates and the City of Batavia.

Batavia City Council members tonight voted in favor of appointing attorney Thomas A. Burns as the municipality’s part-time City Court judge and the lifelong Batavian said he couldn’t be more pleased.

“I’m very, very happy. And it’s kind of ironic that I was admitted to practice law 32 years ago this date, and in about 15 days, I turn 60, and I’ve been in this town my whole life and I love this community,” Burns said by telephone following Council’s Conference and Business meetings at the City Centre Council Board Room. “I’m just elated that Council has the confidence in me to do a good job.”

Burns will assume the role that became vacant with the death of David Saleh on Oct. 29. His term begins on Jan. 1 and runs for six years.

Burns, as he mentioned, was admitted to practice law in New York State on Dec. 14, 1988, after receiving his bachelor’s and master’s degrees from the University at Buffalo and his Juris Doctor from Buffalo State University.

He has been practicing criminal defense and litigating civil matters from his Batavia offices since then. He and his wife, Kelly Donohue Burns, an attorney with the Genesee County Public Defender’s office, have a grown daughter, Elizabeth, who works in the commercial field in Boston.

Burns said it is his responsibility to make sure he is accessible when called upon to wear the robe.

“It’s the obligation of a person assuming a judicial position not to get involved in too many cases that are going to involve conflicts,” he said. “You have to be available for not only the time of the court, but the last thing in the world that you want is your conflict providing judge (cases where Rogers recuses himself) to have a boatload of conflicts.”

City Council President Eugene Jankowski said the board interviewed applicants and decided to move forward with Burns.

“Personally, I voted for Mr. Burns because I believe that at this point, he is the best applicant to serve our community and the people of Batavia,” he said. “Hopefully, that will continue on and he will do a great job.”

Council Member Robert Bialkowski said he had nothing against Burns on a personal level, but voted against the appointment due to previous friction between City Court Judge Durin Rogers and Burns.

“I know that in the past he has had a conflict with Judge Rogers,” Bialkowski said following the meeting. “He’s filed complaints with the judicial district against the judge, so I see there would be an animosity. And the other thing, today with there being so many court cases handled by the public defenders -- what happens? – somebody has to recuse themself.”

Bialkowski said he was thinking about “the smoothness of the court” in casting the “no” vote.

“Judge Rogers was the elected judge and he’s full time, so the part-time judge would have to work for the full-time judge. I just see a lot of conflict that’s all,” he said. “I know that Mr. Burns is an excellent attorney and I’ve heard a lot of good things about him, but I don’t like to see people put in a position of conflict.”

Bialkowski also noted mentioned that he could foresee Burns having to recuse himself in cases involving his wife in her role with the Public Defender’s office.

When he brought that point up during the meeting, Jankowski replied that there is a "similar situation right now (as Rogers' wife, Paula, also is an attorney in Genesee County) and it's working just fine."

Burns, when informed of Bialkowski’s comments, expressed a measure of surprise.

“Let me say this. We’re all grown people and lawyers are litigators and advocates for their perspective positions and I understand my function – my function is a part-time judge,” he said. “I am not the elected judge. I am there to adhere what the Office of Court Administration expects of me to be fair and impartial and to support the full-time judge and providing coverage of the court – dealing with conflict issues that the judge might have. And if he steers it my way, it’s my obligation to take care of those cases.”

Burns said it was “unfortunate” that Bialkowski feels that way, but “there certainly is no conflict from my perspective.”

In other action, Council passed the following resolutions:

• Contracts with Empire Access for $3,500 to connect city facilities with fiber internet and $8,400 annually for a five-year service agreement;

• Granting of access to the New York State Department of Environmental Conservation to perform environmental cleanup work at 267 Bank St., a small parcel of the Dwyer Stadium property;

• $114,720 contract with Architectural Resources of Buffalo for engineering services in connection with the Jackson Square renovation project, one of the city’s Downtown Revitalization Initiative awards;

• Appointments of Ryan Duffy and Connie Boyd to three-year terms as members of the city’s Historic Preservation Commission.

Press release:

• Genesee County received 109 new positive cases of COVID-19 since Friday afternoon.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield, Pavilion and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s, and 90s.
  • Ninety-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-one of the positive individuals are hospitalized.
  • Thirteen of the new positive cases are residents at the New York State Veterans Home.
  • We received notification of two deaths of community members. One of the individuals was over the age of 65 and one of the individuals was under the age of 65. To protect the individual and their family we will not be releasing any further information. We express our deepest condolences to the family and friends of this community member during this very difficult time.
• Orleans County received 55 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Murray, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Sixteen of the individuals were on mandatory quarantine prior to testing positive.
  • Sixty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Four of the current positive individuals are hospitalized.

Yellow Micro-cluster Zone: Batavia and part of Genesee County have been designated as a being in a Yellow micro-cluster Zone. We are waiting on the state to update the map. Go to https://forward.ny.gov/micro-cluster-strategy for updates. The following restrictions are now in place in these identified locations: for nonresidential gatherings 25 people maximum, indoors and outdoors; residential gatherings 10 people maximum, indoors and outdoors; House of Worship 50-percent of maximum capacity; Businesses are open; Dining indoor and outdoor dining permitted, four person maximum per table, and bars and restaurants close at 10 p.m. for on-premises consumption; Schools are open with 20-percent weekly testing of in-person students and faculty.

We continue to encourage everyone whether located in a micro-cluster zone or not to limit gatherings as much as possible, properly wear masks/face coverings, social distance at least 6 feet, frequently wash / sanitize your hands and frequently shared surfaces to minimize the spread. If the rates continue to increase further restrictions are possible.

Rapid Testing:  Preregistration is required for rapid testing clinics. 

Orleans County will be hosting a rapid testing clinic on Dec. 16th from 1 – 4 p.m., preregistration is required. The focus is for asymptomatic individuals and is free. This is a self-administered rapid test at the Orleans County 4-H Fairgrounds, 12690 Route 31, Albion -- please use the Taylor Hill Road entrance. To schedule a test for the Orleans County drive-thru clinic, please register online at https://on.ny.gov/36ZqTxF (this is the registration link). If you have a printer, complete and bring your GO Health Intake Form https://bit.ly/GOIntakeForm with you (see the link below). If you need assistance with online registration because you don’t have internet, call the Orleans County Health Department at (585) 589-3278.

To register for upcoming Genesee County Drive-thru testing clinics, preregistration is required, go to https://on.ny.gov/3qihbhF  (this is the registration link). Genesee County Drive-thru test clinics are scheduled for Tuesdays and Thursdays from 1 to 4 p.m. If you have a printer, complete and bring your GO Health Intake Form https://bit.ly/GOIntakeForm with you (see link below). Anyone needing additional help for online registration may contact the Genesee County Health Department at (585) 344-2580, ext. 5555.

 For both Genesee and Orleans to help the process please note the following guidelines:

• If you have a printer, complete the GO Health Intake Form https://bit.ly/GOIntakeForm and bring it with you. If you completed the Intake form online please print it out and bring it with you – if you don’t have a printer, the form will be provided for you at the clinic
• Make sure you have a pen in your vehicle.
• Everyone in the vehicle is to have their mask on when they pull up at the testing site.
• For those who are getting tested, they may get a call fairly quickly from an unknown number -- answer the phone. Staff cannot leave messages and can only give results to the individual tested or the guardian of minor children. Hard copy results will be emailed within 48 hours if we have a valid email address.

Quarantine and Isolation:

• If you believe you are a contact or have been notified you are a contact with someone who tested positive for COVID-19, it may take a few days for contact tracers to initially contact you due to the volume of contacts. Please self-quarantine. Stay away from other household members, use separate bathroom facilities (or sanitize after each use), have meals delivered.
• If you are being tested for COVID-19 it is important that you self-quarantine until you get your test results whether you have symptoms or not. If you are symptomatic, meaning you are coughing, have a fever or other symptoms, self-quarantine even if you are an essential worker until you get your results back, if you have COVID-19 you may be spreading it! That means to stay home and limit contact with other people, even in your household.

Business Reminder: It is important to periodically review your Business Safety Plan that was developed earlier on in the pandemic. As part of the plan businesses were encouraged to develop contact sheets for all patrons to assist with contact tracing in the event of a potential COVID-19 exposure. This will help in investigations and will limit the necessity of press releases which will help limit potential spread. 

COVID-19 101 Reminders: If a person is identified as a contact, they will be notified by the County Health Department, quarantined and if warranted, swabbed if indicated. Limited information is provided to the public in compliance with HIPAA regulations and out of the respect of those impacted by this virus.

• When, and if, there is a situation where potential contact is made in a public location where contact tracing doesn’t have actual names of close contacts, we will send out a media announcement to help seek contacts.
• If you are experiencing ANY COVID-19 related symptoms STAY HOME! Do not go to work, do not go to the store, do not go anywhere, YOU are spreading the virus. STAY HOME!

We encourage everyone to remember to be polite and respect individual privacy. If you have a complaint about someone or a business use the appropriate channels provided by the state. Using social media to air your complaints and accusing individuals / businesses of wrongdoing generally does nothing to fix the problem. Be compassionate of other people and spread kindness.

Press release:

Please be advised there is a City Council Conference and Business Meeting (one meeting this month due to the Holidays) scheduled for tonight, Dec. 14 at 7 o'clock in the Council Board Room on the second floor of the Batavia City Centre.  

• This meeting will be closed to the public in light of the Governors announcement made this morning, moving the City of Batavia to a Yellow Zone Designation due to COVID-19.
• The press is invited to attend in person and cover the meeting live with appropriate facemask and social distancing.
• Members of the public that would like to make a statement to the Council regarding agenda items can write to the City Clerk at hparker@batavianewyork.comprior to the meeting and she will read your email during the meeting -- public comments section. 

Options for viewing the meeting:

Batavia News Service Youtube Channel and City’s Facebook (later in the evening): 

• https://www.youtube.com/channel/UCOdvZ9lGH0FiD9ADz6Cg6EQ
• Spectrum Channel 1301 – Wednesday, Dec 16th at 9 a.m. and Friday, Dec. 18th at 8 p.m. 

The agenda is posted on the City website at the following URL link: 

Conference:  https://www.batavianewyork.com/city-council/agenda/conference-agenda-12-14-2020

Business:  https://www.batavianewyork.com/city-council/agenda/business-agenda-12-14-2020

Darazian W. Williams, 27, of Pringle Avenue, Batavia, (inset photo right) is charged with: first-degree gang assault -- causing serious physical injury; burglary of a dwelling -- and causing injury; third-degree criminal mischief -- damaging another person's property valued at greater than $250; and fourth-degree conspiracy. Darazian was arrested after an investigation into an incident, which occurred Nov. 8 on Jerome Place in the City of Batavia. He was arraigned Dec. 4 and held in jail on unspecified bail. He is due to return to Batavia City Court at 2 p.m. on Jan. 13. The case was investigated by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Danny D. Williams Sr., 32, of Ellicott Avenue, Batavia, (inset photo left) is charged with: first-degree gang assault; first-degree burglary; third-degree criminal mischief, and fourth-degree conspiracy. He was arrested in connection with a distrubance at 10:22 p.m. Nov. 8 on Jerome Place. He was arrainged Dec. 4 in Batavia City Court and put in jail on $30,000 cash bail, $100,000 bond or $100,000 partially secured bond. The case was investigated by Batavia Police Officer Connor Borchert, assisted by Officer Alec Roberts.

James A. Centner, 41, of Vallance Road, Le Roy, was arrested Dec. 11 after a two-vehicle head-on collision at about 7 p.m. on West Main Street in the Village of Le Roy. One person who was driving a Chevy Suburban was injured in the accident. Centner, the driver of a pickup truck, was charged with misdemeanor driving while intoxicated and traffic violations for failing to use designated lane, drinking in a vehicle on the highway, and refusal to take a breath test. It is alleged that he was leaving the area of Tops Market when he turned onto Route 5 and drove in the wrong lane, causing the collision. Following his virtual arraignment, he was released to a third party. The driver of the Suburban was transported to the hospital by LeRoy Ambulance Service with non-life-threatening injuries. During this investigation, it was also alleged that Centner's vehicle was involved in a minor motor-vehicle accident with no injuries while in the parking lot of Tops Market prior to the head-on crash, and this also is being investigated.

Bleyke Zhaviante Armonde Culver, 24, of Walnut Street, Batavia, is charged with: obstruction of governmental administration; aggravated unlicensed operation in the third degree; unlicensed operation; failure to yield to an emergency vehicle; and speeding. At 11:13 a.m. on Dec. 10, the Genesee County Emergency Dispatch Center received a report of a male refusing to leave the Department of Social Services on East Main Street Road. Law enforcement responded and were advised he was operating a vehicle while his privilege to do so was suspended by New York authorities. A marked Sheriff's Office patrol car located the vehicle attempted to make a traffic stop by activating its overhead emergency lights. The vehicle allegedly failed to yield and led police on a vehicle pursuit. It continued through the City of Batavia and ended up returning to Culver's Walnut Street residence. He was taken into custody at 11:24 a.m. without incident then taken to jail for processing. He was issued an appearance ticket and is due in Batavia City Court on Jan. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Ryan DeLong, and they were also assisted by members of the Batavia Police Department.

Ethan M. Conrad, 20, of South Main Street, Batavia, is charged with: driving while intoxicated -- with a BAC of .18 percent or more; DWI -- common law; and moving from lane unsafely. He was arrested Nov. 26 after an investigation of a single-vehicle accident on River in the city in which the vehicle struck the River Street guard rail. He was released with traffic tickets and is due in Batavia City Court on Jan. 13. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Alec Roberts. 

Michelle M. Hanssen, 54, of Chestnut Ridge Road, Middleport, is charged with: aggravated driving while intoxicated; DWI; failure to stop at stop sign; moving from lane unsafely; and operating a motor vehicle while using a portable electronic device. At 7:11 p.m. on Dec. 12, Hanssen was arrested after a one-vehicle accident on Lewiston Road in Oakfield. She was allegedly intoxicated by alcohol and crashed her car. She was issued appearance tickets and is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Cody Middlebrooks, 30, of Pearl Street, Batavia, is charged with third-degree criminal mischief. He was arrested after an incident on South Main Street in Batavia at 10:24 a.m. on Nov. 23. It is alleged that he damaged a cell phone which was valued at more than $250. He was processed then released with an appearance ticket to be in Batavia City Court on Jan. 19. The case was handled by Batavia Police Officer Conner Borchert and Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Vicki Lynne Manns, 50, of Brookville Road, Alexander, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; moving from lane unsafely; and unreasonable speed under special hazards. At 10:50 p.m. Dec. 12, deputies responded to the intersection of Stroh Road and Maplewood Road in Alexander for a report of a vehicle off the road. After an investigation, Manns was arrested on the charges. She was issued appearance tickets for Alexander Town Court and is due there Dec. 15. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Andrew Hale.

Christian M. Deluna, 19, of Central Avenue, Batavia, is charged with: second-degree harassment; burglary; criminal mischief; and conspiracy. Deluna was arrested after an incident that occurred at 1:50 a.m. at an apartment on North Spruce Street in Batavia. Following arraignment Dec. 1 in Batavia City Court, Deluna was released under supervision of Genesee Justice. Deluna is due back in city court on Jan. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Joshua Girvin.

Cody Middlebrooks, 30, of Pearl Street, Batavia, is charged with second-degree harassment and first-degree coercion. He was arrested on Dec. 8 on the charges. It is alleged that on Dec. 5 on Pearl Street that Middlebrooks was involved in a physical domestic incident and that he threatened to harm the victim if she called police. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court on Feb. 2. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Samantha Lynn Wroblewski, 31, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. She was arrested Dec. 7 after an investigation into an incident that occurred Oct. 19 on West Main Street wherein she alllegedly possessed cocaine. She was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Nicole McGinnis.

Jonathan Richard Piwko, 31, of Peppertree Drive, Derby, is charged with: driving while ability impaired by drugs; failure to keep right; moving from lane unsafely; and speed not reasonable and prudent. Piwko was arrest Dec. 10 after the investigation of a vehicle that went off the roadway and struck a business at 11:51 p.m. Dec. 9 on South Main Street in the Village of Elba. He was issued traffic tickets and is due in Elba Town Court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kenneth Quackenbush.

Lisa A. Way, 52, of Ellicott Street, Batavia, is charged with driving while intoxicated -- common law, and refusal to take a breath test. Way was arrested at 5:48 p.m. Dec. 5 on Ellicott Street in Batavia after a motor-vehicle accident behind a residence on that street. She was released with traffic tickets and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

William Anthony Nichols II, 27, of East Avenue, Holley, and Renee Irene Brown, 40, of Federal Drive, Batavia, are charged with petit larceny and sixth-degree conspiracy. At 4:45 p.m. on Dec. 9, they were arrested on Lewiston Road in Batavia after allegedly working together to steal $122.95 worth of merchandise from BJs Wholesale Club. They were issued appearance tickets and are due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Kenneth Quackenbush.

Steven Douglas Kelso, 36, of Columbia Ave., Batavia, is charged with falsifying business records in the first degree and attempted criminal purchase or disposal of a weapon. He was arrested Dec. 9 after an investigation into the attempted purchase of a firearm at a business on Buffalo Road in Bergen by a person ineligible to possess one. Kelso was released in an appearance ticket and is due in Bergen Town Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Chazmar T. Walters Sr., 28, of Clay Street, Le Roy, is charged with obstructing governmental administration and unlawful possession of marijuana in the second degree. Walters was arrested Dec. 5 after a traffic stop on Lewiston Road at 8:48 p.m. He was issued an appearance ticket to be in Batavia Town Court on Jan. 8, then released. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Eric Bolles.

Loretta Lynn Baer, 49, of Canal Street, Macedon, is charged with trespass. She was arrested Dec. 1 on Swan Street in Batavia after a trespass complaint at 12:35 p.m. at an auto parts store. She was issued an appearance ticket to be in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Post.

Christopher P. Thomas, 36, of State Street, Batavia, is charged with have a dog running at large. He was arrested Dec. 7. It is alleged that on Dec. 3 on State Street that Thomas allowed his dog to run at large on another person's property. He was issued an appearance ticket and is due in Batavia City Court on Jan. 26. The case was handled by Batavia Police Officer Christopher Lindsay.

Patrick O. Spikes, 39, of West Main Street, Batavia, is charged with attempted petit larceny. He was arrested Nov. 21 on a Batavia City Court bench warrant following a traffic stop. The charges stems from an incident Oct. 27 at 10:30 p.m. at the Speedway on West Main Street. Spikes was arraigned via Skype and released under supervision of Genesee Justice. Spikes is due back in court at a later date (unspecified). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Christopher P. Thomas, 38, of Dellinger Avenue, Batavia, was arrested after turning himself in on a bench warrant out of Batavia City Court that was issued after he failed to appear as required on May 26. He was processed and is due back in city court on Dec. 23. The case was handled by Batavia Police Officer Adam Tucker.

Destiny Nakia Green, 24, of Walnut Street, Batavia, was arrested Dec. 2 on a bench warrant out of Batavia City Court. She had been due in court on July 22. A plea was entered and Green was sentenced (no information provided). Case resolved. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jordan McGinnis.

Batavia City Council is expected to vote tonight to fill the vacant part-time City Court judge position.

Council President Eugene Jankowski said today that the board met on Friday in executive session to consider candidates for the position, coming to a consensus but not taking an official vote.

He said that is on the agenda for the Conference/Business meetings set for 7 o’clock at the City Centre Council Board Room.

“We did it the same way we proceeded the previous times (to fill vacant justice positions),” Jankowski said. “Then we made sure to check that the person was still interested, and we will conduct an official vote tonight.”

It is believed there were at least two persons interested in the post, but Jankowski would not reveal any names. The position carries a six-year term, effective Jan. 1.

The vacancy occurred upon the Oct. 29 death of David Saleh, who was appointed as part-time City Court judge in December 2019.

In other developments, Council is expected to consider:

• A resolution authorizing a contract with Empire Access, headquartered in Prattsburgh, to provide the city with secure fiber internet to connect all facilities at a cost of $3,500 and for a service agreement for five years at an annual cost of $8,400.

Empire Access was one of nine companies to respond to a request for proposal from the city, which, according to Interim City Manager Rachael Tabelski, is experiencing slow connection speeds and connectivity problems with its current point-to-point/multipoint radio-controlled wireless system.

Tabelski said the other firms that submitted bids were First Light, Granite, NetWolves, Nitel, Marchese Computer Products, Spectrotel, Spectrum and TDSUSA.Net.

• A resolution to give access to the New York State Department of Environmental Conservation to a small parcel of the Dwyer Stadium property at 267 Bank St. for environmental contamination cleanup in connection with remedial work at the Batavia Iron and Metal site next door at 301 Bank St.

• A resolution to enter into a contract for $114,720 with Architectural Resources of Buffalo for engineering services for the $750,000 Downtown Revitalization Initiative to renovate and enhance the Jackson Square entertainment venue.

Jeremy Vallance of Batavia doubled his pleasure on the bowling lanes this week, registering a 300 game, 290 game and two outstanding three-game series while competing in two leagues at Mancuso Bowling Center.

The 43-year-old right-hander began the week with a 290-236-258--784 effort in the Mancuso Real Estate Monday Doubles League -- using a Storm Crux Prime ball for his highest series ever -- and followed that up with a 300-214-262--776 performance in the Toyota of Batavia Thursday 5-Man League -- using a DVD Turmoil. The perfect game is his third United States Bowling Congress-certified 300.

An employee of Summit Lubricants in Batavia, Vallance, a bowler for more than 30 years, raised his average ot 231 in the Monday league.

Vallance was one of several Genesee Region USBC bowlers who put up gaudy numbers over the past seven days.

• Frank Jarkiewicz of Byron notched his first certified 300 game in the Thursday Owls League at Rose Garden Bowl in Bergen, posting 258-300-213 for a 771 series on lanes 3-4.. A furniture delivery driver for W.B. Mason, the 50-year-old righty used a Brunswick Melee Jab bowling ball.

• Laurie Morgante of Bergen fired a 258 game and 716 series to lead the way in the Wednesday Handicap League at Rose Garden Bowl.

• Mike Pettinella of Batavia had games of 276 and 269 in a 772 series in the Turnbull Heating Triples League at Mancuso's, using the just-released MOTIV Fatal Venom ball to raise his average to 234.

• Mark Brown of Attica finished with a 290 for a 762 series in the Toyota of Batavia league, while Rich Wagner of Batavia and Rick Underhill of Batavia each recorded 731 series while Mark Bisig of Le Roy rolled 731.

• In senior league action at Gates Bowl in Rochester, Kevin Gray Sr. of Honeoye Falls, a GRUSBC member, notched a 300 game on Thursday, his seventh.

For a list of high scores, click on the Pin Points tab at the top of this page.

Two Genesee Region USBC tournaments are on this weekend's schedule -- a handicap no-tap doubles at Medina Lanes and the Senior Masters at Legion Lanes in Le Roy. Also, the GR Youth Travel League will be bowling on Sunday afternoon at Rose Garden Bowl.

For more information, go to the Genesee Region USBC website.

There isn't much to change in Batavia PD policy, members of Batavia Police Stakeholders Group indicated at their bimonthly meeting on Thursday but that doesn't mean there shouldn't be a change in the relationship between the department and the community.

There should be more communication, less misunderstanding, and more personal interaction between police officers and members of the Black community so that both police officers and members of the community see each other as people and not just numbers and uniforms.

The stakeholder's group was formed in response to an executive order signed by Gov. Andrew Cuomo instructing every municipality with a police department to open a community dialogue about police policies, procedures and practices in an effort to reduce the incidences of police brutality.

There seems to be unanimous agreement on the committee that police brutality isn't an issue in Batavia. Chief Shawn Heubusch was praised for his presentation of the previous meetings outlining police department policies and procedures that already address proper police officer conduct.

No votes were taken, nothing committed being part of the final report that will go to the governor's office after being approved by the City Council, but there was an apparent agreement that some sort of ongoing focus group that would bring to light the concerns of Black residents about police conduct would be formed.

Committee member Anibal Soler Jr., superintendent of Batavia City Schools, said such a focus, however, needs to be constructed in a way that members of the Black community would feel safe to discuss issues. A police presence in the group might chill speech, he indicated.

Nathan Varland, Batavia Housing Authority director, referenced comments made earlier by Brandon Armstrong, a local business owner, and said perhaps a list of such concerns should be made so they can be addressed. He suggested the wider Black community be surveyed to gather other examples.

What Armstrong discussed was the perception -- if not the practice -- of Black residents being pulled over for minor traffic law infractions.

"We have to look at what's happening to people of color here in Batavia," Armstrong said. "It's not on the surface. There are just things that are used against us. There is a certain law, I think it's obstruction of view, if having something hanging from your rearview mirror. I've been pulled over for that for a Glade air freshener. It is illegal, but are they pulling over every single person who has a handicapped or air freshener thing on their rearview mirror? See, those things are used to target people of color to pull them over, to see what they have going on."

He said he's hearing from people visiting his barbershop that the latest tactic is people not using their signal within 50 feet of making a turn.

"People aren't looking at those but I know because I can ride down the street and within two minutes I can see about four people with something hanging from their rearview mirrors and they're not being pulled over," Armstrong said. "You see what I'm saying?"

In response to comments made early in the discussion by Raelene Christian about police being vilified and attacked, Greg Munroe said people misunderstand the concerns Black citizens have about the police.

"We have to stay on task," Munroe said. "Defunding the police does not mean we're not going to have a police department. It doesn't mean that at all. It's just defunding is a scary word. I understand but it's not. What it means is very simple. There are mental health issues that primarily happen in the Black community. Black people are targeted. It seems like they are targeted because they seem not to be understood. If the defunding, or whatever word you want to use, take that and help the police get more resources on how to deal with different situations, so things like what happens in the country do not happen."

There is a lot of misunderstanding, Victor Thomas said, about what Black concerns are about police.

"I just wanted to touch on what Greg was saying about Blacks being misunderstood," Thomas said. "I think that's a big part of it. The police brutality in Batavia doesn't happen as much as the Black people being misunderstood in Batavia."

Matt Wojtaszczyk, a detective with Batavia PD but on the committee representing the Batavia Police Benevolent Association, told members police officers want to know how to do their jobs better and connect better with community members.

"Whenever someone asks us to do an event, we really try to make an effort to do so," Wojtaszczyk said. "What else can we do? What are some other ideas out there? What else can we do to reach our minority communities? What can we do better? Tell us, because I think we really want to. We truly do."

Thomas's answer was: Get to know people.

"It's really a personal thing that has to happen between the Blacks and the police officers," Thomas said. "The police have to show these Blacks that they're not just a number in Batavia. They're not just a sentence getting ready to get slapped down on a judge's desk and sent up the road for years. The Black community feels that way deeply in Batavia."

It's that kind of distrust, Soler noted, that would make a focus group that included police officers potentially less productive. However, he said, both Blacks and police officers, as well as community members, need to work on themselves as well, educate themselves about each other. He suggested a number of documentaries and books both sides could watch or read.

Both Munroe and Soler noted it was kind of eye-opening to hear Heubusch talk at the first meeting about the arrest process and the fact that when a police officer tells someone they're under arrest, the conversation is over. It's time to comply with the officer's orders.

Munroe said he's had the same conversation with members of the Black community since that meeting and they all the same response he had, that they didn't know that.

"One thing that I learned from the chief was, man, once a police officer tells you those things, game over, you have to comply," Soler said. "Once you're told you are being put under arrest, that's it. Our community doesn't understand it. That's work we've got to do in our community of color. Once the police officer's -- 'I'm now placing you under arrest. You can't go. 'Now, wait a minute. Let's talk about it.' It's already too late. To Raelene's point, then you've got to go to court and go through through the process.

"We don't get taught that. We're taught, you know, 'I'm going to fight. I'm going to keep fighting until I can get my say. Then it becomes that we've put our officers sometimes in these really tough positions. But I just want to make sure that our police officers are really checking their own implicit bias in terms of trying to keep themselves educated, trying to understand some of these stories and narratives."

The topic of implicit bias came up several times during the evening's discussion.

The open dialogue started with Christian raising the issue of police being attacked in recent years. 

"I'm also concerned with minorities and how they're treated as well," Christian said. "I'm also concerned about how everyone is treated as a whole. But who I'm really concerned with a lot of times as our police officers, they're being vilified. They're being shot execution-style. 

In a long opening remark, she added, "The mainstream media doesn't tell you about all the unarmed white men that are shot. It happens. And I'm not saying it's right. And what happened to George Floyd, let me just be clear, was egregious. It was disgusting and despicable. And our police officers, most of them, I would say 99 percent of them agree with what happened to George Floyd was despicable and a disgrace. And Derek Chauvin, the police officer, did that, killed him. And I know he killed him because he did. He deserves to spend the rest of his life in jail and prison period. But I also feel like our police, they're being vilified and our police are being brutalized. Molotov cocktails are being thrown at them. They're being shot at. They're being shot execution-style, and there's no provocation for that. "

Later she added, "There's a broader picture here that, you know, yes, we can address police brutality. Does it happen? Yes. And is it going to continue to happen? Yes."

Her remarks elicited a calm response from several other committee members, among the more pointed from Director of Mental Health Service Lynda Battaglia, "I want to say to that -- this is the entire point of this meeting. It is the entire point of the executive order to end police brutality, so to say. Will it continue? Yes. Is unacceptable. It has to stop."

Munroe said, "This group was put together because of police brutality, period."

After addressing Christian directly, Soler said, "The reality is an implicit bias that many people who don't have a choice of how they look every morning when they wake up (deal with). I think Victor made a good point. Police choose to wear a blue uniform that, you know, historically has been designed to keep order and guidance in a community. Black people just wake up. Unfortunately, their communities are often the most targeted for patrols, for a variety of things to do, commingle with socioeconomic status. And so some of the comments that were made show your implicit bias. You don't really realize it."

W/hen next she had a chance to speak, Christian told Soler she wasn't biased and she took exception to being judged.

Soler apologized.

"I just want to be real quick and apologize again," Soler said. "If you think I was passing judgment, I was just more commenting on the overall feedback that was provided. So I apologize if you think I made a judgment. You're right, I don't know you. I was just trying to comment on this. I want to make sure we're clear that I'm not judging you at all. I just wanted to point out implicit bias is not something you necessarily know you have. That's why it's implicit."

An Ellicott Street Road resident on Thursday night was advised to contact Town of Batavia council members over her objections to proposed side-by-side community solar projects on the property of a neighboring farmer that she said circumvented the town’s zoning regulations.

Speaking at the Genesee County Planning Board meeting via Zoom videoconferencing, Nancy Brach, of 5168 Ellicott Street Road, questioned the panel and Planning Director Felipe Oltramari about the validity of two (approximately) 20-acre solar arrays next to each other on land owned by Donald Partridge at 5117 Ellicott Street Road.

Brach expressed her views in the midst of a 40-minute discussion over the special use permit and area variance referrals to place a 5-megawatt solar farm on 18.2 acres of a 65-acre parcel and a 4-megawatt system on 19.6 acres of a 71-acre parcel. The projects, named Trousdale Solar I and Trousdale Solar II, are being developed for Partridge by Cypress Creek Renewables LLC.

“I understood that there was a 20-acre limit, is that correct?” Brach asked. After Oltramari answered yes, Brach said, “So, we’re putting together two 20-acre parcels, is that correct?”

Oltramari replied that “technically, there are two solar farms; they are side by side, but there are two of them.”

She proceeded to ask if they were owned by the same person and, again, Oltramari responded in the affirmative – the same landowner and the same solar company.

“So, my question is, if there is a 20-acre limit and you allow people to put parcel after parcel together, effectively, you could have 1,000 acres,” she said. “How do we prevent that? This is making a piece of property that doubles the amount of the minimum and yet we’re going ahead with it. What would keep us from having 100 acres, 200 acres, if you just let people split the property in name only?”

Acknowledging that Brach had a “valid point,” Oltramari noted that some municipalities don’t have any size limitations and some have larger than 20 acres, but 20 acres seems to be the minimum, and added that the Town of Batavia was one of the first localities to adopt a solar law.

He then said that New York State provides incentives for these types of solar projects that generate around 5 megawatts of power, before adding that a similar two-in-one type project – earmarked for a more isolated area in the Town of Pembroke – was on the evening’s referral list for a special use permit.

Undeterred, Brach, who was one of three Ellicott Street Road residents who voiced their opposition during the meeting, reiterated, “How to we protect (the 20-acre limitation) because it seems to go against how the law was designed?”

Oltramari then suggested a zoning change or at least a change in the wording would have to come from town officials, and said residents would need to petition their town board before that could happen.

Brach, who hosted a neighborhood meeting with Partridge at her home in June 2019 to convey their concerns, said the ambiguity of the zoning is what has people upset about “having a solar project put in their backyard.”

“If you say 20 acres, then two 20-acre parcels are not 20 acres, it’s 40 acres and it opens up the opportunity for 60 or 80 or 100 acres, and that’s just not honest,” she said.

Planning Board Member Jill Gould then explained that this panel makes recommendations based on whether the applications adhere to town zoning laws, and re-emphasized that complaints by Brach and others should be directed to the Town of Batavia.

Timothy Morrow and Kathy Antonelli, also of Ellicott Street Road, spoke prior to Brach.

Morrow said he wanted to know what chemicals were in the solar panels as he feared that harmful agents could seep into a large aquifer in that area and affect homeowners’ wells.

Jerry Leone, of Rochester, representing Cypress Creek Renewables LLC, said that he would provide Morrow with the findings of the environmental studies already conducted. Later on, it was indicated that the overwhelming majority of solar panels in New York are based on silicon technology (quartz or sand).

Antonelli said the solar arrays will be place “behind my house and diagonally from my property” and asked if the project would decrease the property values in the area.

“And why so close to our homes, with all of the farmland in this area?” she asked. “I don’t want to sit on my back deck and look at a solar farm.”

At the end of the debate, planners approved both solar projects by a 6-1 vote with Robert Houseknecht casting the “no” vote. The measure now goes back to the Batavia Town Planning Board, which is meeting next Tuesday, and one of the projects will also be considered by the Town Zoning Board of Appeals since an area variance is needed because the frontage is less than the minimum requirement.

Recommended modifications include obtaining a stormwater pollution prevention plan and relocating a part of the driveway and equipment pad from the middle of the array to the edge of the field or on existing laneways.

In other action, planners approved:

• With modifications (stormwater pollution prevention plan and archaeological study), a site plan review for a LandPro sales, storage and maintenance facility at 4554 W. Saile Drive in the Town of Batavia. LandPro is a major dealer of John Deere tractors and equipment.

• With modifications (see above), a site plan review and area variance for Rochester Regional Health’s four-story, 140,000-square-foot medical office building at 8103 Oak Orchard Road (Route 98), near Call Parkway, in the Town of Batavia. The project will include the installation of a traffic signal on Route 98, connecting Call Parkway with Federal Drive.

• A special use permit referral from Solar Liberty Energy Systems Inc. of Buffalo for solar farms generating 5.3 megawatts and 6.6 megawatts at 7984 Tesnow Road in the Town of Pembroke. The property is owned by Kreher Brothers LLC of Clarence.

• A site plan review to relocate Precious Paws to an existing commercial building at 10571 Main St., Alexander. The applicant, Alicia Brenkus, will be converting a former pizza shop to her dog grooming business.

Press release:

Data Update:

• Genesee County received 31 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Batavia, Bergen, Byron, Darien, Le Roy, Oakfield, Pembroke and Stafford. 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Forty-two of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-two of the positive individuals are hospitalized.

 

• Orleans County received 21 new positive cases of COVID-19.

• The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Murray, Yates, Ridgeway and Shelby.
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
• Nine of the individuals were on mandatory quarantine prior to testing positive.
• Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Three of the current positive individuals are hospitalized.
• One of the new cases is a resident of Orchard Rehabilitation & Nursing Center.
• One of the new cases is an inmate at the Orleans Correctional Facility.

Andrea A. Arteaga is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 18 in the Village of Le Roy that Arteaga knowingly and unlawfully possessed a narcotic drug -- methamphetamine/amphetamine -- with intent to sell it. In count two, the defendant is accused of criminally possessing a weapon in the third degree, a Class D felony. It is alleged in count two that on May 18 while on Bacon Street in the Village of Le Roy that he possessed a firearm -- a pistol. In count three, he is accused of driving while ability impaired by drugs, a Class E felony. It is alleged in count three that on May 18, he drove a 2015 Chevrolet on Route 5 in Le Roy while his ability to do so was impaired by drugs. In Special Information filed by District Attorney Lawrence Friedman, Arteaga is accused of having been convicted of driving while intoxicated as a Class A misdemeanor on Oct. 22, 2018 in Town of Batavia Court and that conviction forms the basis for counts two and three of the current indictment.

Randy J. Dumbleton is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 17 in the City of Batavia that Dumbleton knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal sale of a controlled substance in the third degree, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug -- cocaine -- with the intent to sell it. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or alcohol, as a misdemeanor. It is alleged in count three that on June 17 in the City of Batavia that he drove a 2003 Honda on Main Street, Dellinger Avenue and Washington Avenue, while his ability to do so was impaired by the combined influence of alcohol and/or drugs.

Angela R. Bateman is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Bateman knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on the same day she also possessed the narcotic fentanyl with intent to sell it. In count three, Bateman is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged that she knowingly possessed scales and balances designed for weighing or measuring controlled substances -- for the purpose of unlawfully manufacturing, packaging or dispensing any narcotic drug or stimulant. In count four, Bateman is indicted for the crime of promoting prison contraband in the first degree, a Class D felony. It is alleged that on Aug. 24 she knowingly and unlawfully introduced a dangerous contraband -- fentanyl -- into a detention facility -- the Genesee County Jail.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 24 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, a Class B felony, for allegedly possessing a narcotic drug -- fentanyl -- that day with intent to sell it. In count three, he is accused of criminal possession of a controlled substance in the fifth degree, a Class D felony, for having cocaine weighing 500 mg or more. In count four, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. In count four, it is alleged that Jones possessed gelatine capsules, glassine envelopes, vials, capsules or other materials suitable for the packaging of individual quantities of narotic drugs or stimulants, for the purpose of unlawfully manufacturing, packaging or dispensing them. In count five, Jones is indicted for criminal trespass in the third degree, a Class B misdemeanor. It is alleged in count five that Jones unlawfully entered property on North Spruce Street in the city. In count six, Jones is accused of unlawful possession of marijuana in the second degree, a violation, for allegedly possessing marijuana June 24 in the City of Batavia.

Chaniah L. Wellington-Martino is indicted for the crime of third-degree attempted assault, a Class B misdemeanor. It is alleged that on Aug. 7 in the Town of Stafford that she acted with intent to cause physical harm to a Genesee County Sheriff's investigator and did so by trying to bite him on the left arm. In count two, she is indicted for the crime of resisting arrest. It is alleged that on that day in Stafford that she intentionally prevented or attempted to prevent a police officer from arresting her and that she fought with the officer and attempted to bite him. In count three, she is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that the defendant attempted to grab contraband from a person during a lawful arrest, that she tried to prevent her detainment, and she pulled away from the officer while he attempted to remove a personal item that was entangled around her arm. In count four, Wellington-Martino is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that she threw a purse containing marijuana down an embankment. In count five, she is accused of the same crime as in count four for allegedly trying to retrieve drugs from her co-defendant's pocket. In count six, Wellington-Martino is accused of unlawful possession of marijuana in the second-degree, a violation, for allegedly knowingly possessing marijuana that day in Stafford. In count seven, she is accused of a vehicle and traffic law infraction -- pedestrian failure to walk facing traffic, for allegedly failing to walk on the left side of the roadway or its shoulder facing oncoming traffic.

William R. Metz is indicted for the crime of second-degree criminal possession of a weapon, a Class C violent felony. It is alleged that on April 4 in the Town of Oakfield that Metz possessed a loaded firearm -- Canik 9-mm pistol -- with the intent to use it unlawfully against a person. In count two, Metz is accused of reckless endangerment in the second degree, a Class A misdemeanor. It is alleged in count two that he engaged in conduct that created substantial risk of serious physical injury to a person by discharging three rounds from the pistol into the bedroom floor of a residence on Batavia Oakfield Townline Road that day. In count three, Metz is accused of the crime of second-degree menacing, a Class A misdemeanor. It is alleged in count three that the defendant intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a pistol.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on July 27, Rivera knowingly and unlawfully entered a building on Swan Street in the City of Batavia with the intent to commit a crime. In count two, Rivera is accused of first-degree criminal contempt, a Class E violent felony, for allegedly violating a duly served order of protection by intentionally harassing, annoying, threatening or alarming the protected party and subjecting her to physical contact.

Markel T. Handley is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on June 15 on Alleghany Road in the Town of Pembroke that the defendant attempted to conceal buprenorphine and naloxone underneath the passenger seat of a Genesee County Sheriff's Office patrol car. In count two, Handley is indicted for criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that Handley knowingly and unlawfully possessed controlled substances -- buprenorphine and naloxone.

Jason L. Pullen is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Byron, that Pullen drove a 2003 Honda on Route 237 while he was under the influence of alcohol or a drug and that at the time he has 10 or more suspensions imposed on at least 10 separate dates in effect: Jan. 20, 2009 / July 24, 2009 / Aug. 7, 2009 / Oct. 8, 2009 / Nov. 12, 2009 / Jan. 9, 2010 / May 23, 2012 / Aug. 25, 2013 / Feb. 17, 2017 / Feb. 3, 2019 / March 14, 2019, / and Dec. 20, 2019. In count two, Pullen is indicted for the crime of driving while intoxicated -- as a misdemeanor. It is alleged in count two that on May 24 on Route 237 in Byron, that Pullen drove while intoxicated. In count three, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent at the time.

Mario A. Reyes is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on Sept. 13 in the Town of Stafford that he drove a 2011 Chevrolet on Route 33 while he was intoxicated. In count two, Reyes is accused of DWI, per se, as a Class D felony, for having a BAC of .08 percent at the time. In count three, Reyes is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having a driving that day while his privilege to do so was withdrawn or suspended by authorities. In count four, he is accused of operating a vehicle that was not equipped with an ignition interlock device as he is required to do. In count five, he is accused of unlicensed operation of a motor vehicle for driving without a license that day. In count six, Reyes is accused of moving from his lane of travel unsafely that day in Stafford. In Special Information filed by District Attorney Lawrence Friedman, Reyes is accused of having been convicted of driving while under the influence of alcohol, as a misdemeanor, on July 7 in Orleans County Court, and on March 2, 2017 in County of Hidalgo Court, State of Texas, and those convictions are within 10 years of the crimes alleged in the current indictment.

Andrew T. Pape is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 18 in the Town of Bergen that Pape drove a 2004 Chevrolet on Jerico Road, a public highway, while he was in an intoxicated condition. In Special Information filed by District Attorney Lawrence Friedman, Pape is accused of having been convicted of DWI -- as a misdemeanor -- on Jan. 24, 2012 in Town of Ogden Court, Monroe County, and that conviction is within 10 years of the crime alleged in the current indictment.

Jimmy R. Hill is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Village of Le Roy that Hill drove a 2009 Chevrolet on Lake Street, a public highway, while he was intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Hills is accused of having been convicted of DWI -- as a misdemeanor -- on June 26, 2014, in City of Syracuse Court, County of Onondaga, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jason A. Klinkbeil is indicted for the crime of third-degree grand larceny, a Class D felony, for allegedly stealing property having a value of more than $3,000 on Nov. 13 in the City of Batavia that belonged to Chapin Manufacturing Inc.

Jason A. Klinkbeil is indicted for the crime of falsifying business records in the first degree, a Class E felony. It is alleged that on Nov. 19, while at the Pawn King on Veterans Memorial Drive in Batavia, that Klinkbeil -- with intent to defraud -- made a false entry in the business records there by signing a document claiming he was the sole owner of the property he sold. In count two, he is indicted for criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property while at Pawn King -- tools.

Shane C. Bunce is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 8 in the City of Batavia, that Bunce knowingly possessed stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count two, he is indicted for criminal possession of stolen property in the fourth degree, a Class E felony, for allegedly knowingly possessing stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count three, Bunce is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count three that on that day in the city he drove a motor vehicle while his privilege to do so was suspended by authorities. In count four, Bunce is accused of trespass, a violation, for allegedly knowingly and unlawfully entering property in the Town of Bergen on Sept. 8.

News that a Food and Drug Administration advisory panel has approved COVID-19 vaccines developed by Pfizer and BioNTech SE for emergency use provides “light at the end of the tunnel,” the public health director for Genesee and Orleans counties said today.

“Hopefully, this will start a new chapter (in this pandemic) – a kind of beginning of the end for us,” Paul Pettit said, adding that the vaccine will be dispersed in phases, starting with individuals at the highest risk. “We do see the light at the end of the tunnel. It will take a bit of time, so we ask folks to be patient.”

Pettit said local health departments have been working for months on the distribution plan, but emphasized that New York State has the final say as to who gets the vaccine and when.

“The state is kind of driving the boat on this and how it is going to happen,” he said. “Obviously, we’re working with our community partners and our healthcare providers to get pharmacies, and primary care physician offices signed up to deliver the vaccine.”

He said the vaccine – which is given in two doses about three weeks apart – will first be administered to nursing home residents and staff and healthcare workers who are at greater risk. After that, the groups will be divided into other health professionals and high-risk individuals, healthy seniors who meet the age requirements, those with underlying health conditions, other essential service workers and, finally, the general public.

At the outset, the vaccine will be sent to “closed pods,” Pettit said.

“Doses will be sent right to the nursing homes or the healthcare providers that are eligible for it. As we get into January, February and March, it will be more available to the community, again, depending upon your risk level,” he said.

Pettit said the health department will oversee mass vaccination clinics, likely at Genesee Community College, Genesee County Building 2 on West Main Street Road or the Genesee County Fairgrounds, with the campaign – due to the volume of need – expected to run into April and May.

He said about 11,000 doses are being delivered to the Finger Lakes Region as early as next week, and will go to the people designated in the first phase.

The vaccine will be administered at no charge, Pettit said.

“We’ve been told that there will be no co-pays,” he said. “There will be a lot more information coming out, but for the general public, you should not expect the vaccine to be available at least into January.”

Pettit commented on other aspects of the virus.

On the Possible Side Effects of Vaccination

“Everybody’s different so people respond differently to vaccines. We do hear that when people get a flu shot – it’s not a live virus – but sometimes people do have some mild reactions to the shot.

“Again, there may be some mild side effects … but the phase three trials that have been done over the last three to four months have not reported out any significant issues that we have been made aware. The FDA just this morning approved the emergency use authorization that the vaccine is safe and we’re going to be strongly encouraging folks to receive the vaccine. That’s the best way to get us out of this pandemic is to start getting our folks protected.”

On the Primary Causes of the Spread in Genesee and Orleans Counties

“As we continue to look at the data in both counties, the biggest identifying factor that we can find in the majority, but not all, of the cases is usually tied back to some level of gatherings or workers working symptomatic. Those seem to be the two biggest reasons we have seen for at least the index cases and secondary spread, and what happens from there, they go home from the gathering or work and they take it to their family members and/or their extended family members and friends.

“So, you start to get this secondary and tertiary spread, which seems to be perpetuating some of the problem here in our counties. One thing I will say, on the gathering side, a lot of the cases we’ve seen are not necessarily from gatherings of 50 people – the public can be up to 50, private it is supposed to be 10 per the governor’s order.

“But the reality is that it only takes one positive person in that setting to spread it very easily, actually, to potentially all the others that are in that gathering if they’re not distancing and masking. So, gathering size at all levels – five, eight 10, 20 people – we’re still seeing significant spread within those groups if you have positive people.

“It does seem to be that private gatherings are the underlying factor in these new cases and, again, the other one is workers coming to work symptomatic. It’s difficult this time of year because people are dealing with coughs, sniffles and other types of colds, and they’re going to work like they normally would in an average year – and unfortunately a percentage of these are COVID cases and they’re spreading it to their coworkers.”

On the Pertinent Current Data Regarding Positivity Rate

“Right now, positivity-wise, in Genesee County we are, as of yesterday, at about at 8 percent positivity rate over a 14-day average, and over a seven-day average, we are trending down from our peak, which was 9 percent a week ago. We’re down at about 7.2 percent right now for positivity rate. So, that continues to trend down in the right direction, which is a great thing. We’ve been working hard to get that number to trend in the right direction.

“It’s still high. If you recall, three months ago we were down at .5 to 1 percent positivity rate and now we’re right around 8 percent. It’s definitely a lot more active in the community.”

On the Projected Thanksgiving Bump in Positive Cases

“Obviously, there was a lot of talk about a Thanksgiving bump, but our numbers going into Thanksgiving were very high. So, if anything our numbers have started to trend down slightly.

“I think that there were gatherings that occurred over the holiday and we did our best to try to educate and encourage people to have smaller gatherings this year, and minimize contact with those in your immediate family and household, and to look at the risk factors for every individual that’s gathering. If they have underlying health conditions? If they’re in higher risk categories?

“I wouldn’t say there was a significant bump. Our numbers have stayed very consistent to what they were through the whole month of November.”

On the Process of Contact Tracing

“When we find out about a positive case, we do a case investigation. As part of that case investigation, we talk to the individual about their close contacts – that’s really what we’re looking for. With COVID, we go back 48 hours from either symptom onsets, or if they’re asymptomatic, from the test date. So, we’re looking for any close contacts.

“When we say close we’re talking about within six feet or less for more than 10 minutes or if they happen to be in the same space with the positive for more than an hour. That’s called proximate contact, so there’s a couple of different things that we look at, and it’s all based on risk potential. That would be more of a scenario like in a classroom setting or in the restaurant/dining setting … using an hour threshold in a common space with a positive case.

“Once those are determined, they get identified and put under mandatory quarantine, and it’s 14 days from their last exposure to the positive (person). The Center for Disease Control has made some recommendations to change the quarantine down to either seven days with a negative test or 10 days without a test. NYS has not decided yet whether they’re going to follow the CDC’s recommendation on this. As of right now, we are still using 14 days as the quarantine period.”

On Health Alerts that Target Local Businesses, Primarily Restaurants

“We’ve said since day one, going back to March, if we get scenarios where we can’t identify close contacts in a public space, we would have to put out an announcement – a health alert – to let people know that may be in that space, that they may have been exposed to a confirmed positive case.

“What has happened quite a bit lately is – and this is mainly reflective of increased activity -- all through summer and early fall, our infection rate was .5 percent – one case a day, a couple cases a day. Right now, with an 8 to 9 percent positivity rate, there are a lot of positives in our community. What’s happening, particularly in restaurants and other businesses, you have people who come in, sit down and eat their dinner, they’re spending an hour, hour and a half eating.

“Going back to proximate contact, people are sitting down without their masks on so we have to look at everybody in that room or dining area as a potential contact because of proximate contact and time exposure. We don’t know who these people are … the only way to notify these people is to put out a health alert that if you ate at X establishment at X time and on X date, you may have been exposed to a confirmed positive case.

“Obviously, it would be up to the person to read that alert and say, ‘Wait, that was me, and I need to monitor for symptoms or go get tested.’

“As far as big box stores, such as Walmart, Tops, we get a lot of those questions, it’s really the nature of the interaction. When you shop at these types of stores, you’re very transient and you’re not spending more than 10 minutes closer than six feet. Most people are wearing masks, so the risk exposure is totally different because of the transient nature and the large size of these buildings.

“We have had confirmed positive employees at these bigger stores and we have put coworkers on quarantine because they’re spending time in the break room or the back, those types of things. But the exposure to people shopping – going up and down aisles – the risk and the time exposure isn’t there like it is at an establishment where you’re spending an hour with no mask on.”