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Press release:

Dear Batavia Blue Devils Community:

I am writing to provide you an important update regarding COVID-19 and Batavia Middle School.  

I have been notified and in contact with the Genesee County Health Department and the District’s Medical Director that there have been two new positive COVID-19 cases of Batavia Middle School staff members.  The employees were NOT in school with any symptoms and were considered asymptomatic prior to getting tested.

As a result of contact tracing, which focuses on a 48-hour window of time this has caused one additional staff member and 50 students who were deemed as “close contact” to quarantine for 14 days.  Any student and staff member that was identified as a “close contact” has already been contacted by the Batavia Middle School administration. The Genesee County Health Department will also follow up with identified students and staff. 

These cases do not impact our ability to continue to operate Batavia Middle School and the school will remain open for our in-person hybrid learning model. 

New York State has launched the “School COVID Report Card” site, where you can view COVID-19 data associated with all schools in New York.  To protect the privacy of students and staff, we will never release personally identifiable information. 

Please continue to be vigilant in your efforts and help us prevent the spread of COVID-19. For additional reliable information on preventing the spread of COVID-19, please go to www.cdc.gov or www.health.ny.gov

Please also don’t hesitate to contact Batavia High School or the District if you have any questions or concerns. 

Better Together… WE are Batavia!

Anibal Soler Jr.
Superintendent of Schools
Batavia City Schools

A lack of staffing because of the spread of COVID-19 in the community is forcing owner Kathy Ferrara to close Batavia's Original for the weekend.

Ferrara will evaluate staff availability on Monday to see if she can reopen.

Five workers at the pizzeria have tested positive and because of close contact, several more are in mandatory quarantine for two weeks and can't come to work.

None of the five who have tested positive for COVID-19 contracted the virus at work, Ferrara said. Three had been to Halloween parties and one hosted a card game and the other contracted it from a family member.

Ferrara emphasized that she's required employees to wear masks at all times. She said they've been diligent about it. They've also been diligent about sanitizing every surface in the restaurant. 

In fact, Ferrara is frustrated because she's made it clear over these many months of the coronavirus pandemic that her employees need to follow CDC guidelines at work and in their personal lives as well.

She said she isn't sure a lot of young people get how serious the disease is and she tries to tell her employees they may feel young and healthy but they come into contact with their parents and grandparents and they could get them sick if they're not careful.

"A lot of people seem to think it's over and it's not over," Ferrara said. 

With the recent resurgence of the disease, Ferrara is concerned not enough people are taking seriously the need to slow the spread.

"I just don't know what the solution is," Ferrara said.

Gov. Andrew Cuomo’s latest round of COVID-19 restrictions, which began on Wednesday with bars, restaurants and fitness centers, now will have an impact upon casinos with state oversight.

Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corporation, said today that the casino floor at Batavia Downs Gaming on Park Road will have to close at 10 o’clock every night until further notice.

“There are two restrictions that affect us – the first one that came down about the bars and restaurants having to shut down at 10 and this one that says the gaming floor has to close at 10,” Wojtaszek said. “We’ll be closing at 10 p.m. instead of 1 a.m. right now.”

When it was mentioned that it will hurt business, he said, “It’s going to, but … we prefer being open even if it is for reduced hours instead of being closed.”

Wojtaszek said he was informed that the hours of opening limitation could be in effect for 30 days.

On Wednesday, Cuomo announced new restrictions, ordering that effective at 10 p.m. tomorrow (Friday), bars, restaurants and gyms or fitness centers, as well as any State Liquor Authority-licensed establishment, will be required to close from 10 p.m. to 5 a.m. daily.

The governor said that restaurants will still be allowed to provide curbside, food-only pick up or delivery after 10 p.m., but will not be permitted to serve alcohol to go. The State Liquor Authority will issue further guidance for licensees as to what sales are continued to be permitted.

Mancuso Reacts to Restaurant Restrictions

Rick Mancuso, owner of T.F. Brown’s Restaurant on East Main Street in Batavia, said he has no choice but to follow the order, but said he speaks for all restaurateurs when he says he is finding it increasingly difficult to maintain operations when considering the effects on employees and the industry’s small profit margin.

“Safety of our employees and customers is paramount and we will continue to follow all of the state guidelines as well as the health department regulations,” Mancuso said. “Unfortunately, adhering to the guidance has been very costly in purchases of PPE (personal protective equipment) as well as having to shoulder the operational overhead on roughly 50 percent of historic sales.”

Mancuso said he agrees with a statement from Melissa Fleischut, president and CEO of the New York State Restaurant Association, who called the news “a huge blow to the restaurant industry that is desperately trying to stay afloat.”

“We understand the logic behind micro-cluster restrictions, but at this time we have concerns about blanket statewide restrictions like this,” she said.

“I agree with Melissa’s statement and it certainly has been challenging to navigate the frequent changes and guidelines,” Mancuso added. “It’s most difficult for our hard-working and dedicated employees. Everyone is in the same situation and my concern is for all of our locally owned and operated businesses.”

Cuomo urged local governments to enforce the rules.

After 10 p.m., “If the lights are on and people are drinking, they get a summons,” he said.

Cuomo said that if the COVID-19 numbers continue to rise, further restrictions will be put into place, including limiting restaurants to operating at 25 percent capacity across the state.

The new restrictions also apply to indoor and outdoor gatherings at private residences, with limits set at no more than 10 people. Reasoning behind this is that the virus spread recently as a result of small indoor gatherings and Halloween parties.

Press release:

New positives since Tuesday, Nov. 10 as of 2 p.m. today (Nov. 12*):

• Genesee County received 40 new positive cases of COVID-19.
  • Due to the volume of positives, further data will be updated tomorrow.
  • Staff are working on contact tracing.
  • The Health Department has been notified of a positive staff at Batavia High School. The individual is on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced.
  • The Health Department has been notified of a positive student at Byron Bergen Jr. /Sr. High School. The individual is on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced. 
  •  
• Orleans County received 30 new positive cases of COVID-19.
•  
• The new positive cases reside in Albion, Shelby, Clarendon, Barre, Gaines, Yates, Murray and Ridgeway.
• The individuals are in their 0-19s, 20s, 30s, 40s, and 50s.
• Ten of the individuals were on mandatory quarantine prior to testing positive.
• Five of the previous positive individuals have recovered and have been removed from the isolation list.
• The Health Department has been notified of a positive student at Holley High School, Albion High School and Lyndonville High School.  All of the students were on mandatory quarantine prior to testing positive. Albion also has one staff member who tested positive and was not on quarantine prior to testing positive. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.
• One of the positive individuals is hospitalized.

*No data was released yesterday -- Wednesday, Nov. 11 -- because of Veterans Day; so the latest data is a two-day total.

Update: 3:30 p.m. with comments from Victor Gautieri, president of V.J. Gautieri Constructors Inc. on the proposed changes:

The crux of the change is when we started looking at when the folks walk in on the first floor, into the building, there is a corridor that leads ot the elevator, and then they take the elevator up to the second floor. Well, there were three turns that had to be made before you actually reached the elevator door. So, from a safety perspective and people's comfort level, I guess, it is better to have fewer turns and a more direct access to the elevator doors.

We made it much more convenient to get to those elevator doors, but in order to do so, we had to move the elevator from within the second-floor footprint. It's now coming out -- outside of the building, adjacent to the outside wall of the building (on the north side).

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The Genesee County Planning Board tonight is expected to consider a site plan review referral from the City of Batavia Planning & Development Committee on behalf of V.J. Gautieri Constructors Inc.. The company is proposing to relocate an elevator leading to the second-floor apartments of the Ellicott Place project at 45-47 Ellicott St.

According to a document submitted by City Code Enforcement Officer Doug Randall, the applicant has requested approval to modify the previously approved design of the second floor by moving the elevator originally planned for the interior of the existing building to a location on the exterior wall of the north elevation.

Randall wrote that the change would result in an exterior alteration to the building that is located in a Central Commercial (C-3) zone within the Business Improvement District.

In its submission for modification proposal, V.J. Gautieri officials report that the basis for the changes “is to develop a more easily accessible, safe entry for the second-floor apartment tenants, wherein the travel distance and corridor turns to the first-floor elevator access point would both be reduced to a more desirable condition.”

Specific changes, as outlined in the new plan, include:

• On the south elevation, utilizing the existing stair to the second floor instead of pushing it outside of the second-floor footprint, which required a second-floor addition.

• On the north elevation, shortening the distance to the apartment elevator, (which) required the shaft and associated exit stair to be pushed outside the second-floor footprint. This change will result in the construction of a 19- by 23-foot second-floor addition, with the exterior in wood cladding to keep with the second-floor visual design.

• On the interior, requiring the southwest apartment to be changed from a two-bedroom to a one-bedroom unit, and the northwest apartment to be changed from a one-bedroom to a two-bedroom unit. Thus, the total number of one- and two-bedroom apartments will not change.

Work is underway on the Downtown Revitalization Initiative project, a $2.3 million renovation of the exterior of the building and the vacant space that will include 10 market rate apartments on the second floor.

Plans call for the construction of seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor, and includes the development of 18,000 square feet of first-floor commercial/retail space.

In a related development, planners also will look at an area variance request from Signs by John’s Studio on behalf of V.J. Gautieri Constructors and Save-A-Lot to

According to a City of Batavia sign permit application, there will be a 15-foot by 96-inch wall sign, a 44-inch by 145-inch pole sign and two 23-inch by 36-inch entrance/exit signs.

Both referrals have been recommended for approval by Genesee County Planning Department staff, but will be subject to review by the City Planning & Development Committee and, in the case of the sign application, by the City Zoning Board of Appeals.

Also on tonight’s agenda is a special use permit and site plan review to erect two buildings with eight apartment units each in a Limited Commercial zone at 8940 Alleghany Road (Route 77), near Cohocton Road, in the Town of Pembroke.

The applicant, Daryl Martin Architect, P.C., of Orchard Park, proposes to build a pair of two-story structures – each featuring seven two-bedroom apartments and one one-bedroom apartment for property owner/developer Tim Cansdale.

Planning department staff recommendation is approval with modifications pertaining to driveway and stormwater permits, and adherence to Enhanced 9-1-1 standards.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

A fire gutted a home at 162 State St., Batavia, this morning, claiming the lives of three cats and a dog.

The residents were not home at the time of the fire, which was reported by multiple callers to emergency dispatch at about 8 a.m. The residents arrived on scene shortly before 11 a.m., Chief Stefano Napolitano said.

An off-duty firefighter, according to the chief, was passing by the residence and spotted the flames. He stopped and was informed a person might still be inside the residence, so he attempted to gain entry to the house and was beaten back by flame and smoke.

Firefighters arrived on scene and quickly knocked down the flames, which had already consumed much of the interior of the house, and made a first and secondary search of the residence and found no people inside.

No firefighters were injured.

The cause and origin of the fire are still under investigation.

Being a “numbers person,” when some key figures indicating the status of his health didn’t add up, Chris Ace sprang into action.

In August, the 49-year-old Batavian was losing weight and was extremely thirsty. Although he hadn’t paid a visit to the doctor’s office in about eight years, he felt he needed to call his primary physician – Dr. Suwarna Naik – and find out what was going on.

“I wanted to do whatever I had to do immediately to correct the problem,” said Ace, a process engineer at Chapin International Inc. “The way I was eating, I had no business losing weight and although it was in the summer, I was really, really thirsty – drinking a ton of water.”

Ace said he did some research online and figured his symptoms were related to either diabetes or a thyroid problem, leaning more toward the former. When his blood sugar count was determined to be 476 and his A1C level came in at 12.1 (Glycated Hemoglobin Test), he knew things had gone haywire.

The very next day, Ace found himself taking part in a one-to-one consultation with Amy Miller, registered dietitian and certified diabetes educator for United Memorial Medical Center's Health Living department.

“A normal blood sugar reading, according to the American Diabetes Association, is 80 to 130 – that’s fasting, before meals,” Miller said, “and the A1C ranges are 4 to 5.6, normal; 5.7 to 6.4, pre-diabetes, and 6.5 or more, diagnosis of diabetes.”

Without question, Ace’s numbers were in the danger zone, with the readings combining to put his average blood sugar level for three months at 300.

Ace’s condition – Type 2 diabetes -- was not a result of being extremely overweight; it was more about the amount of carbohydrates that he was consuming on a regular basis.

“I ate two good meals a day, breakfast -- usually fruit and yogurt -- and a salad for lunch, but I went off the rails at night, figuring that since I ate healthy meals during the day, I would be OK,” he said. “My wife, Lisa, and I would go out for ice cream and, since she is such a great baker, I was eating a lot of sweets. And I love chocolate.”

He said that learning about the disease from Miller and attending three of the department’s Living Healthy With Diabetes classes in September have made all the difference in the world as he now has his blood sugar in check and his A1C down to 5.6.

"I thought that I wouldn't like sitting through two-and-a-half-hour classes, but it went by just like that," he said. "I learned so much from Amy."

In fact, Ace could be considered a “poster child” for diabetes awareness through his motivation, record-keeping and diligence, Miller said.

Fittingly, November is National Diabetes Awareness Month, an annual event to inform the public of the risk factors, symptoms, types of diabetes and steps that can be taken to keep things under control.

As it stands, more than 30 million people in the United States have some form of diabetes and one in four don’t realize they have it.

“Chris came in with materials from his primary care physician and a list of questions during our first meeting, and he was very motivated,” Miller said. “The numbers really work for him. After showing him the numbers, he latched onto those numbers and went with it. He executed what needed to be done and implemented those changes.”

Miller and Jill Pickard, a registered nurse and certified diabetes educator, teach the Living Healthy with Diabetes course, a four-part ADA-accredited* series that covers facts about the disease, testing, carb counting and medications/complications.

The classes are scheduled on Thursdays at various times each month at the Healthy Living office at 164 Washington Ave. Most insurance plans cover the sessions, Miller noted.

Ace said he learned that the “biggest component is knowing how to eat.”

“Anytime I heard the word diabetes, I thought of sugar, sugar, sugar,” he said. “You can eat sugar. It’s all about counting the carbs. That’s the way to control my blood sugar.”

Miller said there is no such thing as a “diabetic diet.”

“We use the meal planning method – carb counting,” she said. “There is no right or wrong way. It’s about balancing the diet with adequate nutrition, including all of the food groups, with special attention to carbohydrate intake. It’s important to eliminate excess sugary foods like candy bars and sweets, and make healthy food choices.”

Miller said she uses the BMI (Body Mass Index) chart to determine a person’s target weight, based on his or her height.

Both Ace and Miller see his story as a cautionary tale to others with diabetes or experiencing similar symptoms.

“Chris’s story is very empowering for others,” Miller said. “Diabetes doesn’t take a break. It’s a constant and it can really wear on people, and can cause depression.”

Ace’s advice is to the point: “People should go to the doctor. Don’t put it off like I did.”

In fact, Ace, who is utilizing a special app to count his daily carbs, has become an unofficial spokesperson for Healthy Living.

“When I told a coworker about my diabetes and what I am doing now, he said, ‘You’re always eating a healthy lunch, and you have it?’ ”

Soon after, that coworker had made an appointment to see his doctor.

*ADA: American Diabetes Assocation.

-------------

For more information about UMMC’s Healthy Living department and the Living Healthy With Diabetes program, call (585) 344-5331.

Photo: Amy Miller and Chris Ace outside the UMMC Healthy Living office. Photo by Mike Pettinella.

Greg Robert Solomonidis, 24, of Little Canada Road, Bethany, is charged with second-degree assault. At 3 p.m. on July 24, Genesee County Sheriff's deputies took a report of an assault that allegedly occurred at a tavern on Attica Road in the Town of Alexander. Following an investigation, Solomonidis was arrested on Nov. 11, arraigned in Genesee County Court and released on his own recognizance. He is accused of striking a person in the face, causing serious physical injury. He is due in Town of Alexander Court on Dec. 21. The case was investigated by Deputy Erik Andre, assisted by Deputy Kenneth Quackenbush.

James Michael Caccamise, 32, of Warboys Road, Byron, is charged with: operating a motor vehicle while impaired by drugs -- first offense; criminal possession of a controlled substance in the seventh degree; and moving from lane unsafely. At 3:37 p.m. on Sept. 30, Caccamise was arrested after an investigation into a single-vehicle accident that occurred on Fotch Road in Satfford. It is alleged that Caccamise overdosed on fentanyl while driving on a public highway and that he possessed fentanyl at the time. He was released on appearance tickets and is due in Stafford Town Court on Nov. 24. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

A working structure fire is reported at 162 State St. in the city; unknown if occupied. City fire dispatched.

UPDATE 8:08 a.m.: It's gone to a second alarm. Alexander Fire Department's FAST team is called to provide mutual aid, along with Elba. Town of Batavia is called to stand by in their stations. Mercy medics are dispatched to the scene. The location is between North Street and Park Avenue.

UPDATE 8:23 a.m.: Town of Batavia's Engine #24 is called to the scene. Responders are told to approach via Richmond Avenue.

UPDATE 8:25 a.m.: Alexander is unable to secure manpower for its FAST Team; instead they are asked to bring the team assembled to stand by in city fire headquarters. Alexander's Engine #7 is en route. In the meantime, Town of Batavia's Engine #25 is asked to stand by in city fire headquarters.

UPDATE 8:29 a.m.: East Pembroke Fire Department is called to stand by in their quarters for Town of Batavia fire.

UPDATE 8:34 a.m.: Command reports fire is under control. Command asked that the city's Department of Public Works be instructed to shut off water at the road at the fire scene. National Grid is to be notified to turn power off.

UPDATE 8:39 a.m.: Alexander's Engine #7 is at city fire headquarters.

UPDATE 9 a.m.: No one was home when the fire broke out and firefighters have had no contact yet with residents and/or property owners. A cat was brought out alive but it's condition is not known at this time. The cause of the fire is under investigation.

UPDATE 9:16 a.m.: Mutual aid companies are put back in service. Mercy medics left awhile ago. 

Press release:

Governor Andrew M. Cuomo today announced new COVID-19 restrictions on bars, restaurants, gyms and residential gatherings in New York State.

Effective Friday at 10 p.m., bars, restaurants and gyms or fitness centers, as well as any State Liquor Authority-licensed establishment, will be required to close from 10 p.m. to 5 a.m. daily.

Restaurants will still be allowed to provide curbside, food-only pick up or delivery after 10 p.m., but will not be permitted to serve alcohol to go. The State Liquor Authority will issue further guidance for licensees as to what sales are continued to be permitted.

The Governor also announced that indoor and outdoor gatherings at private residences will be limited to no more than 10 people. The limit will be implemented due to the recent prevalence of COVID spread resulting from small indoor gatherings including Halloween parties.

These gatherings have become a major cause of cluster activity across the state. Further, this public health measure brings New York State in line with neighboring states including Connecticut, Massachusetts and Rhode Island. This new rule is also effective Friday at 10 p.m.

"If you look at where the cases are coming from, if you do the contact tracing, you'll see they're coming from three main areas: establishments where alcohol is served, gyms, and indoor gatherings at private homes," Governor Cuomo said. "The reason we have been successful in reducing the spread in New York is we have been a step ahead of COVID.

"You know where it's going; stop it before it gets there. And you know where it's going by following the science. This is the calibration that we've talked about: increase economic activity, watch the positivity rate -- if the positivity rate starts to go up, back off on the economic activity. It was never binary -- economic activity or public health -- it was always both."

Governor Cuomo continued: "The rules are only as good as the enforcement. Local governments are in charge of enforcement. There are only two fundamental truths in this situation: it's individual discipline and it's government enforcement. Period. End of sentence. I need the local governments to enforce this."

The Governor took these actions amid a widespread increase in cases throughout the nation and an increase in New York, which was expected moving into the fall and winter seasons.

New York Restaurant Association responded:

The statement below can be attributed to Melissa Fleischut, president and CEO of the New York State Restaurant Association (NYSRA).

“Today’s news is a huge blow to the restaurant industry that is desperately trying to stay afloat. Our members have put in place procedures and protocols to mitigate the spread, and we’ll continue to do so to ensure the safety of our employees and patrons. We understand the logic behind micro-cluster restrictions, but at this time we have concerns about blanket statewide restrictions like this.”

Press release:

Due to the Veterans’ Day holiday tomorrow, both Genesee and Orleans County Health Departments will be closed. We will not be updating numbers or the map until Thursday afternoon. A very special thank you to those who have served in any of the Armed Forces. We appreciate your service and the sacrifices you and your families have endured to keep our country safe.

New Cases – As of 2 p.m.

• Genesee County received seven new positive cases of COVID-19.
• The data below includes the 43 reported cases since Friday, Nov. 6.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Darien, Elba, Le Roy, Oakfield, Pavilion, and Stafford.  
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Fourteen of the individuals were on mandatory quarantine prior to testing positive.
  • Seventee of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the positive individuals are hospitalized.
  •  
• Orleans County received 13 new positives case of COVID-19.
• The new positive cases reside in Albion, Shelby, Carlton, Murray, Kendall and Ridgeway.
• The individuals are in their 0-19s, 30s, 40s, 50s, and 70s.
• Two of the individuals were on mandatory quarantine prior to testing positive.
• Three of the previous positive individuals have recovered and have been removed from the isolation list.
• The Health Department has been notified of a positive student at Holley High School. The student was not on mandatory quarantine prior to testing positive. The individual is on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.

One of the positive individuals is hospitalized.

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

Press release:

Genesee County Legislature Chair Shelley Stein and Genesee County Public Health Director Paul Pettit are urging county residents and businesses to step up in taking precautions to fight the spread of COVID-19.

Their call is the result of an increase of infections in Genesee County and the GLOW region and Governor Andrew Cuomo’s announcement earlier today about parts of Erie and Monroe counties being placed in Yellow zones.  

The Governor and his health experts have created three zones to manage the spread of the virus: 

• Yellow Zone designates an area as being in a precautionary phase;
• Orange Zone designation denotes a community is in a warning phase;
• Red Zone means the community is in a cluster zone which imposes the strictest rules and regulations.

You can learn more about the zoning designation by clicking here. 

“We don’t want restrictions that will negatively impact businesses and the local economy, but if we continue to see increases and spikes, New York State is going to come in and create the zones that were announced today in Erie and Monroe counties,” Stein said. “Unfortunately, that is where we are trending if we don’t take action fast and become more vigilant to fight the spread of the virus.”

Among the restrictions in a Yellow Zone includes that:

• Houses of worship can have no more than 50-percent capacity.
• The maximum number of people at nonessential indoor or outdoor gatherings is limited to 25 people maximum.
• Businesses can remain open but for restaurants there is a maximum of four people per table for both an indoor and outdoor dining.
• Schools can remain open but there must be mandatory weekly testing of students and teachers/staff for in-person settings.

Stein said that Genesee County will be reaching out to various government agencies and business partners to urge the community to step up their vigilance in wearing masks, maintaining appropriate social distancing, hand washing and other common sense things to prevent further spread of the virus. The County is asking these partners to spread the message through email and social media channels.

“The key thing at the moment is similar to what we experience with the cold and flu season and that is people feeling compelled to go out if they are not feeling well,” Pettit said. “If you feel ill in the slightest, then please do not go out or to work and contact your physician immediately in order to schedule a test.”

With the Thanksgiving and Christmas holidays right around the corner, the temptation of larger gatherings particularly of family and friends who travel from outside the region poses another way of how the infection rate can spread.

“Cold and flu season is here, and eventually bad weather will force people to gather inside which is a recipe for the spread of the virus and this becomes even more concerning with the holidays right around the corner,” Stein said. 

Testing locations in Genesee County can be found here.

Now that the Batavia City Council has passed a resolution amending the city’s municipal code to allow public garages in I-1 (Industrial) zones, the catalyst of what turned out to be a drawn-out process says his plan to place an auto repair shop on his property is on hold.

“I lost my tenant, so at this point, we’ll see what happens. But at least it is all set so that somebody could do it and I may very well do it,” said Eric Biscaro, owner of Classic Home Improvements and Armor Building Supply at 653 Ellicott St., in reaction to a development from Monday night’s City Council meeting.

Biscaro approached City Council on Jan. 27 – nine months and 14 days ago – after the Genesee County Planning Board recommended disapproval of his request for a use variance to put up a small two-bay garage behind the Armor side of the facility.

Unfortunately for him at the time, city zoning permitted service stations only in areas zoned Commercial.

He was advised that a zoning modification may be the only way for his wish to come true, and that it would take several months to adopt a Local Law, which would happen only after a series of referrals to city and county planning boards, a public hearing and environmental review.

At that time, Biscaro had someone interested in running a repair shop on the site, but that isn’t the case anymore. But, he’s not ruling it out in the future.

“Now that it is approved, I might start marketing it again to see what I get,” he said. “Still, in any industrial zone now you can do that. I was very surprised that you couldn’t do it in the first place.”

Council’s action last night included the issuing of a negative declaration in accordance with the State Environmental Quality Review Act and passage of an ordinance amending Chapter 190 entitled “zoning” of the City of Batavia Municipal Code to amend I-1 to include public garage businesses by a special use permit.

Batavia City Councilperson-at-Large Robert Bialkowski and Interim City Manager Rachael Tabelski engaged in several minutes of Q & A on Monday night over the particulars of the city’s acceptance of a Batavia Rotary Club/Rotary Foundation grant. It would be used purchase kayaks and related equipment, which then would be “gifted” to Genesee County for use as a youth outdoor recreation activity.

Council, at its Business Meeting at the City Centre Council Board Room, was preparing to vote on the resolution to receive the $6,000 in what Tabelski termed “a pass-through” transaction since the Rotary Club wished to donate the funds directly to the City Youth Bureau.

When Paul Viele, who was running the meeting in place of City Council President Eugene Jankowski Jr., asked for discussion, Bialkowski was ready with a series of questions.

Bialkowski said he was concerned by recent discussions with a couple of county legislators who said they knew nothing about owning anything, stating that “they will just store it for us.”

City Council learned about the resolution at its Oct. 26 Conference Meeting.

At that time, Jocelyn Sikorski, City and Genesee County Youth Bureau executive director, advised Council that the city would “gift” all equipment from the grant – kayaks, kayak launch, paddles and vests – to Genesee County, which will maintain and store it at the DeWitt Recreation Area on Cedar Street.

She also said that county workers will build a trailer for hauling the equipment back and forth.

The resolution stipulates that the city would accept the grant from Rotary for the period of Oct. 1, 2020 through April 30, 2021 “to provide assistance to expand outdoor recreation and STEM (Science, Technology, Engineering, Math) education.”

Fast forwarding to last night, following is the back-and-forth between Bialkowski and Tabelski -- with Viele interjecting his thoughts toward the end of the mini-debate:

Q. Who will be purchasing the kayaks?

A. It will be purchased through the city and then it will be gifted to the county, so we have no liability for the kayaks or the docking.

Q. Why are we giving the county money?

A. When Mrs. Sikorski was here at the last meeting, she discussed that because it is the city Rotary, they wanted to do the grant with the city. But after myself and the county manager looked at it, it will be housed in a county park.

Q. Why are we … transferring the actual funds to the county if we’re buying the kayaks?

A. We’re not transferring the funds, we’re transferring the material after purchase – the kayaks and the docking.

Q. Because the resolution implies we are transferring the funds.

A. No, it will be purchased through the city’s procurement policy. The city will gift the equipment from this grant to Genesee County Parks who will assist with the maintenance and the storage of program equipment once purchased, and they will be responsible for the insurance for that as well.

Q. Then who will own the kayaks?

A. Genesee County. We will not own them.

Q. There seems to be some gray areas here. Who will be instructing in the use of the kayaks?

A. I know the YMCA was a partner in it and when we have youth programming, again through whatever means we do, I think it would be incumbent upon that person to have an instructor there when they bring children out there.

Viele jumped in at that point, stating that “we’re going to buy the kayaks and gift them to the county, very simple.”

Bialkowski pressed on, however, saying that “the county doesn’t know anything about us donating kayaks, and they’ll probably be plastic throwaway kayaks … the inexpensive ones, and the longer they’re in the sun, the shorter the shelf life.”

To which Tabelski replied that Paul Osborn, county parks supervisor/forester, was building a shed and a place to store them.

Q. Who will be responsible to replace them?

A. The city would not be responsible moving forward. We’re basically acting as a pass-through … (for the kayaks) to be housed at the county park, along with the docking system that we discussed at the last meeting that has the handicap accessibility.

Bialkowski said he was surprised the county doesn’t know about this, and Tabelski reemphasized that the vote on the table was to accept the grant, purchase the equipment and give it to the county.

Viele said he was sure the county knows about it.

“They have to know about it, if we’re doing this. They have to know about it, if we’re voting on it,” he said. “Maybe the legislator hasn’t read his email to see what is going on.”

Bialkowski said he didn’t think a couple of legislators would do this, but Viele said since the city is not liable, “don’t worry about it.”

After Bialkowski signified his concern about the status of an instructional program for youth, Viele remarked, “It would be a good job for you. You could teach them.”

In the end, Council voted in favor of the resolution, with Bialkowski casting the lone "no" vote.

Legislature Chair Weighs In

The Batavian contacted County Legislature Chair Rochelle Stein today about this matter and although she wasn’t aware of the details, she indicated that it was likely to come up at the next Human Services meeting, which is scheduled for Nov. 30.

“Basically, this is an opportunity that Rotary wanted to focus onto the city youth recreational program, and it has been working on for well over a year,” she said. “The fact that those kayaks could be donated to the DeWitt park area, it just enhances what we already have going on there and it gives opportunity for the city youth at the same time.”

Stein acknowledged the “fluid situation right now with youth services, (so) we are following our process and our procedure because we certainly want to be a good partner.”

“Everybody has a job to do and we all have steps to take to get to where we need to be,” she said.

When asked about instruction for the youth, she said the county has a kayak program that is run by the Interpretative Center staff.

If City Council Member John Canale has his way, there is no way Batavia’s youth programming will be cut.

Canale, attempting to allay the concerns of City Youth Board representatives David Twichell and Paula Fischer, said he sees the city’s youth program as “an invaluable gem” and said he would do everything in his power to continue or expand offerings to its young residents.

Speaking at Monday night’s City Council Business Meeting at the City Centre Council Board Room, Canale responded to public comments by Twichell, Fischer and Fischer’s son, Andrew, who are troubled about a proposal to contract with the Genesee Area Family YMCA for city youth services.

Currently, the city has a contract with Genesee County to partially a fund a youth bureau executive director, Jocelyn Sikorski, but a resolution – currently placed on hold by the County Legislature – would dissolve that agreement and compel City Council to devise a new plan for youth services.

“Much like Paula, (who) spoke about the youth programs in the city, I grew up every day of my life as a kid at MacArthur Park on Monday through Friday, all day there except for lunch because when I was a kid, they didn’t provide lunch,” Canale said. “The youth bureau is an invaluable gem that we have here in the city, and I have no intention of decreasing the services the bureau offers.”

Canale said the cost to run the youth programs in the city “is miniscule in the whole budget picture.”

“So, I can assure anybody that is here tonight that is concerned about Council doing away with the youth bureau or doing away with the services that we provide our local youth, I can guarantee if any of my Council colleagues brought that up, I would definitely be dead set against it,” he said. “And I don’t think there is anybody here tonight that is against that.”

He then warned people about reacting solely from what they read on social media as well as The Batavian and another local news outlet.

“Don’t believe everything that you read, number one, and try not to formulate your opinion as to what the City Council’s actions are going to be based upon what you're reading on social media,” he offered.

Canale: No Discussion about Cutting Services

Canale said he didn’t recall any discussion pertaining to doing away with the youth bureau or cutting any services.

“Correct me if I’m wrong. Maybe I misunderstood or missed something, Rachael,” he said, looking at Interim City Manager Rachael Tabelski. “Did Jocelyn not come to us as a county employee contracted with the city to share services? Did she not come to us and request that we cut that contract out?”

Tabelski replied, “That is correct.”

Canale responded that “for some reason, it seems like the public is under the impression that we in the city want to cut that out.”

“And the county manager (Matt Landers) also made public comment that I read that they were going to kind of leave it in our lap first to see what move we made first. I want the public to realize that this was the county that came to the city … and requested that maybe we could discontinue that contract.”

Canale said no decision has been made on the status of the contract with the county, stating that it is at the discussion stage.

“We’re looking at all possibilities and Rachael is looking into other possibilities as well as she approached the YMCA to see what they might be able to do to offer as good of services, if not better services,” he said.

He then aimed his remarks at Twichell and Fischer.

Advisory Board will be Involved

“For whatever reasons, the (Youth) board has not been in the communication circle yet, but I would only assume that at some point when the decisions are going to be made, that we would go to our advisory board and say that these are some of our thoughts (and) what do you guys think?” he said.

Canale urged people to not have a “knee-jerk reaction” to the situation based on social media or news accounts.

“This is all still in the talking stages. Nothing has happened. No programs have been cut,” he said.

The city’s youth center – the Liberty Center for Youth on City Church’s St. Anthony’s campus on Liberty Street – has been closed due to COVID-19 and because the city doesn’t have any youth services employees at this time.

“Maybe, like (Council Member) Rose Mary (Christian) said, 'maybe it’s time to look at that,' ” Canale said. “I don’t know. That should be part of the discussion as well. As things start to open up, we could look at that. Or now, obviously on the rise again with COVID, maybe this isn’t a good time to look at that, I don’t know.”

Youth Programming: More than Meets the Eye

Fischer, a member of the City of Batavia Youth Board for 10 years, said she has “fond memories” of the city parks’ program having attended Kibbe and Pringle parks. She is the director of school-based health programs for the University of Buffalo School of Dental Medicine.

She said she has volunteered during city youth events, providing oral health education and giving out hundreds of toothbrushes and toothpaste to kids and families. She called Batavia a great place to raise a family due, in part, to the services it offers to its young people.

Fischer emphasized that the youth bureau “is more than just the summer rec program -- although the rec program is well-known, serving hundreds of children every summer, providing safe, fun and educational programming – including lunch, which is a big help to many families.”

She mentioned several other events and programs under the city youth bureau, including:

• The community garden;
• National Night Out in conjunction with the city police;
• The Liberty Center for Youth with services provided in conjunction with the YMCA;
• Programs run by City Church at the St. Anthony’s campus;
• A partnership with the Batavia City School District for busing to the youth center;
• Summer safe carnival open to the community;
• Youth and volunteer awards banquet at Terry Hills Restaurant;
• A partnership with the Arc of Genesee Orleans for Saturday programs;
• Visitation at nursing homes and the Senior Center;
• Open gym nights and grants for summer recreation tennis programs.

“All of these programs provide a sense of pride in the community to the city residents,” she said.

Fischer said she was asking City Council to work with the advisory board to address budgetary issues and “come together to see if there’s a way we can be mindful of the city budget without decimating youth services.”

“A reduced level of service may be appropriate at this time with time to rebuild in the future,” she said.

Youth Board is ‘Open, Willing to Cooperate’

Twichell, the City Youth Board president, extended an invitation to all City Council members “that we are open and we are willing to cooperate with the city, and we are willing as an advisory board to help guide the process.”

“We know … with these COVID restrictions and the tough economic times we’re facing, we know the city is facing great challenges,” he said. “But there are times when we feel that there is somewhat of a disconnect between the board and the City Council.

"I’m here tonight to open and maybe knock down some of those barriers, and tomorrow I will be putting together an email for each and every one of you that will list all of our contact information.”

He then urged Council members to reach out to the advisory board if they have any questions about youth services.

Fischer’s son, Andrew, a former youth board vice president, said he worked for the summer rec program for five years during his summer breaks from Canisius College, where he earned an MBA in Accounting.

“A lot of our youth programs, specifically summer rec, are great ways for youth in our community to interact with one another and interact with the rec leaders,” he said. “It instilled in me a sense of leadership and a sense of empathy toward some of the kids, who obviously were from tougher situations.”

He said it didn’t “sit right” with him when he heard about youth services possibly changing, and noted that he looked at past city budgets on the website and saw that the summer recreation came in below budget last year.

McGinnis Objects to Sending Letter

Prior to Canale’s comments, Council Member Al McGinnis, the city’s liaison to the youth board, said he didn’t get a copy of a letter sent by the youth board to the media last week – a letter that objected to the resolution to terminate the city/county agreement and expressed the viewpoint that contracting with the YMCA instead was a done deal. (Fischer said that McGinnis and the other Council members did receive the letter).

“If you’re an elected or public official and you’re on a board, it is incumbent upon you to make sure that everyone on the board, whether they agree or disagree, knows that correspondence is going out to the public,” McGinnis said. “If not, the public gets confused when they hear two different sets of a thing. When you do it unilaterally, and basically conduct a rogue operation, without informing everyone, it looks bad for everyone concerned.”

He added, “At the time, the board members could have spoken to us at the meeting and said 'here are our points of view – we’d like to make sure that this is heard by the public.' No one is going to censure or stop a report … We owe it to the public to speak with a unified voice, or at least if it’s not unified, everyone gets a chance to say their piece.”

Christian asked how many kids attend the youth center on Liberty Street and if the city had any youth bureau employees at the center.

Tabelski said attendance ranged between 30 and 50 – “sometimes as low as five” – and that the city had no youth program employees, other than Sikorski, who directs city, Genesee and Orleans county youth activities.

“I look down the street and I see tons of kids out there,” Christian said, referring to the Liberty Center for Youth. She also asked about costs should the YMCA get involved.

Tabelski said that, pre-COVID-19, the city and the YMCA each supplied three or four staff members at the center, depending upon the number of children there, and that the YMCA did not charge the city for those employees,

She also mentioned that the city’s program coordinator, Lydia Schauf, recently took another job with the Genesee County Sheriff’s Office.

Could Youth Center Have Stayed Open?

Christian then questioned why the center has been closed for so long while school is in session.

“It was supposed to be because of COVID," she said. "I see people at Walmart, I see people downtown. I see them at the grocery store, I see people here. I see people everywhere in the city. Those kids could wear a mask like anyone else in the city and they, I’m quite sure, would stop anyone from coming in without a mask.

"And I’m quite sure they would be disinfecting that facility for the kids over there. And they’re playing basketball on Tuesday nights and I haven’t heard of a soul from that center who has COVID.”

After Tabelski explained that the city was unable to hire part-timers (due to a hiring freeze) and, as a result, she contacted YMCA leadership to see if that organization could provide youth services in an attempt to cut costs and “also provide the same level of service.”

“I engaged in a discussion with the YMCA if they could staff the center and until we come to any preliminary contract terms, you’ll have nothing (in the form of a resolution) in front of you,” Tabelski said. “At such point, you would have a presentation by the YMCA on the programming that they can provide for us that is the same or better than what we’re providing today at a lower cost to the residents.”

Christian’s response indicated that she wasn’t buying that explanation.

“Yeah, it was mentioned on The Batavian that we have to think of the taxpayers,” she said. “We sure as hell don’t think about the taxpayers when it comes to lights for Ellicott Street over there for the trail, especially when at 4:30 at night it’s going to be dark in the winter time and the summer time around 9 o’clock. We don’t think about salary increases either, now do we?”

At that point, Paul Viele, who was presiding over the meeting in place of City Council President Eugene Jankowski Jr., who was out of town, cut Christian off.

Tabelski: Let’s Give it Another Try

Minutes later, Tabelski directed her comments to Twichell and Fischer, stating that she came to them during an Oct. 27 meeting in “good faith with ideas on our situation and our strategy.”

“And when you attended the meeting, you sat there, you listened to what I had to say, you listened to my ideas, we had great dialogue. And I am willing to continue that dialogue with you. But I prefer we did it in a committee setting and not go around the committee setting with emails and letters outside of the people on that committee and to the media, so we can really achieve something,” she said.

Tabelski credited the youth board for its commitment to the cause, but said “we have to think differently about this.”

“I am willing to come back and sit with you guys. And this time at the meeting, please speak up because when I left that (previous) meeting, everyone was in agreement to the strategy that I was going to look into and bring to Council.”

After she finished, Fischer attempted to present a “rebuttal,” but was told that she was not allowed to do that. 

“Then I will give my rebuttal to the media and you can read it there,” Fischer said.

Following the meeting, Fischer repeated the youth board’s claim that Tabelski had indicated to them that the decision to dissolve the city/county contract had already been made, and that Sikorski had obtained a grant to direct a Safe Harbor program and “wrote herself into that and changed her job description.”

Fischer also said there is someone who was employed by the city at the youth center who is willing to return to work there.

“When Lydia resigned, they didn’t feel like they had to go back and readdress this,” Fischer said. “They said, ‘OK, great, everybody is gone, and now we can really go and outsource youth services.' ”

She said the youth board is “leery about that.”

“They outsourced the county youth director, and look where we are,” she said. “And I don’t think we’re going to have the same quality of services – and it was our feeling that we had to let the community know.”

Photo: City Youth Board members David Twichell and Paula Fischer speaking to the media following Monday night's City Council meeting. Photo by Mike Pettinella.

Press release:

New Cases – As of 2 p.m.

• Genesee County received 43 new positive cases of COVID-19.
  • Due to the volume of positives, further information will be updated tomorrow.
  • Staff are working on contact tracing.
  • The Genesee County Health Department was notified of two positive teachers at Jackson Primary School. The individuals have been placed under mandatory isolation where they will remain until they have recovered. Contact tracing is in process to identify close contacts. Out of an abundance of caution, Jackson Primary School will be 100-percent remote virtual learning until Monday, Nov. 30.
• Orleans County received 18 new positives case of COVID-19.
  • The new positive cases reside in Albion, Yates, Shelby, Barre, Gaines, Clarendon, Murray, Kendall and Ridgeway.
  • The individuals are in their 0-19s, 20s, 40s, 50s, and 60s.
  • Three of the individuals were on mandatory quarantine prior to testing positive.
  • Six of the previous positive individuals has recovered and has been removed from the isolation list.
  • The Health Department has been notified of a positive student at Lyndonville High School and a positive student at Medina High School. The students were not on mandatory quarantine prior to testing positive. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.
  • We are deeply saddened to report we have had an Orleans County community member pass away due to COVID-19. The individual was over 65 years old. Out of respect for the family, we will not release any further details about this individual. We send our deepest condolences to the family and friends of this person and encourage our community members to be respectful of the family’s time of grieving.

Today’s map will not be updated due to limited data.

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

A reminder the numbers listed as positive/active are current community cases. The recovered numbers are only for community cases and do not include non-county regulated facilities. The total positive cases includes community active/positive, community recovered and all those from non-county regulated facilities.

A pedestrian who was struck while crossing East Main Street on Friday night has been identified by Batavia PD as 45-year-old Casey Nutting, of Batavia.

Nutting, according to witnesses, was running across the street, about 50 yards east of Liberty Street, from south to north when he was struck by a minivan.

The driver of the minivan, whose identity has not been released, has not been charged and police said no charges are anticipated.

Previously: Car vs. pedestrian accident reported in the city at East Main and Summit

The treasurer of the Genesee Country Farmers’ Market, which recently concluded its 46^th season providing locally grown produce and other food items, today said that Batavia City Council President Eugene Jankowski Jr. has reached out to her to set up a meeting in the near future.

“That’s a start,” said Sharon Brent, speaking by telephone from her Middleport home. “Mr. Jankowski said that (Interim City Manager) Rachael (Tabelski) would be contacting me.”

Brent is owner of Schwab Farm Market in Gasport and has been involved with the farmers’ market since its inception.

The future location of the public market is unclear in light of the fact that the city is looking at the Alva Place parking lot as the desired site for a new headquarters for the Batavia Police Department.

The farmers’ market has operated at that location since 2016, when it entered into an agreement with the Batavia Downtown Business Improvement District to have one large market at one location – instead of two or more sites in and around the city.

Prior to that, the market was located at the Kmart parking lot for about a decade before moving to a lot at Batavia Downs from 2006 through 2015.

Previous reports that the market moved 11 times in 15 years referred to its early years, not recently, Brent said.

“We originally started in front of Super Duper, where the (Tonawanda Valley Federal) credit union is now and we used to be right where Wendy’s is, in the Angotti’s (Beverage Corp.) parking lot and way behind the (former) Engine House Restaurant – near a skating place on some gravel,” Brent said. “That was the reason we left the city and went out to Kmart and the Downs, because we wanted a stable location.”

Brent said the only reason the market returned to the city is because the BID requested a consolidation – with the stipulation that there would be just one market at one location.

“The BID used to run the farmers’ market that was on Thursday at Angotti’s and then they moved to Alva Place, and it was run by volunteers,” Brent recalled. “(Former BID Director) Don Burkel approached us and proposed Downtown Batavia Public Market in one location. He said we can’t be at the Downs and at Alva Place.”

So, the area vendors hit the road to Batavia on three days (Tuesdays, Thursdays and Fridays) instead of the two they spent at Batavia Downs, Brent said.

She said that after a couple years, BID officials asked the GCFM to “run all aspects of the farmers’ market as it was getting difficult to find volunteers.”

“Of all the locations over the 40 some years, that (Alva Place) still has been the best place as far as ability for people to get to,” she said. “It has anything that you as a business owner would like in a location and it fit all of those things.”

Brent said that five years ago, there never was a discussion about a police station going there.

“That was never brought up,” she said.

Things have changed since then, however, as the city has enlisted Architecture Unlimited LLC, of Williamsville, to conduct a feasibility study into the construction of a new police facility on the lot north of Alva Place and west of Bank Street.

Brent said the GCFM board of directors is “definitely open to other options” and welcomes the opportunity to provide input to city officials.

“It is what it is. I’ve done well. I run a good business and have done well no matter where I’ve been,” she said. “But, as far as the residents of the city, to me they should have a voice in what they would want.”

Business Improvement District representatives said their organization continues to support the farmers’ market and they understand why Brent and her colleagues wish to stay at the Alva Place lot.

“We see the value in it and we support the public market,” BID President Don Brown said. “To us, it is an event Downtown that brings people Downtown, but it’s not a BID event. They’re their own entity.”

Brown called the Alva Place site “a fabulous location and they’d be crazy not to want that.”

“My perception of the situation is that this has been a long-term plan for the police station – it has been going on for several years here," he said. "They’ve had all kinds of studies and votes, and all kinds of ideas of where to put it and why to put it.

"The public market was never going to be there permanently from what I recall, unless they were going to build a building …if they got the DRI (Downtown Revitalization Initiative) money and the BID wanted to bond something like that.”

Brown said the BID spent $25,000 on a feasibility study in an unsuccessful application for a DRI award.

“We didn’t get it; so, the BID definitely decided that they didn’t want to bond it," he said. "It was too much and they couldn’t tell us how much traffic the market was going to bring or whether the market was going to quadruple. So, why create another tax for something that we’re unsure of. That was the long side of that.”

BID Executive Director Beth Kemp, who sits on the GCFM board, noted that her agency is not as involved as it was in the past, but “we definitely support them as with any event that happens in the downtown.”

“We understand the vitality that a public market brings to the Downtown, and we’re here to assist in any way,” she said. “We don’t want to see the public market go away from Downtown, and we’re eager to come up with other options if that’s the way it has to go. I know that our board has tried to generate a couple of alternative ideas, but so far nothing substantial.”

Kemp said the consensus of GCFM directors is that they wish they could stay put.

“Yes, ideally they love that location, they love the demographics that they serve which has increased since they’ve been there and the walkability,” she said. “Out of all their locations, that is the most ideal; that is the one they love the most.”

File photo of Genesee Country Farmers' Market by Howard Owens.