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Investigators believe the person driving a vehicle that ran over a motorcyclist down in the roadway on Route 77 in Corfu on Friday night was driving a 2012 Hyundai Tucson.

The photo is a stock image and not a photo of the actual vehicle.

The car may have sustained some front-end damage and probably has significant under-carriage damage. 

After striking the motorcyclist, the vehicle continued southbound on Route 77 before turning westbound on Route 33.

Travis R. Hartloff, 26, was transported by Mercy Flight to ECMC, where he remains in critical condition.

Hartloff was driving a 1983 Yamaha southbound behind a 2009 Honda Pilot and was unable to stop in time when the Pilot slowed to make a turn into an ice cream shop at about 9 p.m. After striking the vehicle, Hartloff was thrown from his motorcycle and he landed in the middle of the roadway.

He was run over by a third southbound vehicle, which is believed to the 2012 Hyundai Tucson.

Anybody with information that may assist in the case is asked to call the Sheriff's Office (585) 345-3000.

Unlike the process used during New York’s four phases of business reopening – where all decisions were in the governor’s hands, local governments will have a say in the way gyms can finally welcome back customers after five months of a COVID-19-generated shutdown.

Gov. Andrew Cuomo today announced that gyms can reopen as soon as Aug. 24, but only at 33-percent capacity and with masks to be worn by everyone inside at all times.

However, “localities” will have a role, the governor said, in that local elected officials and health department leaders will be able to make some decisions. Furthermore, health departments will be required to inspect the facilities either before opening or within two weeks of reopening.

He didn’t share more details – a fact not lost upon Genesee County Legislature Chair Rochelle Stein.

Speaking at today’s Public Service Committee meeting, Stein wondered aloud what code the health department should be using when doing the inspections and asked whether the gyms could hold classes.

“There may have to be a conversation in regard to gyms and with (county Public Health Director) Paul Pettit,” Stein said.

She said that it looks as though “new powers” are being given to the public health director, and hoped that a “checklist or template” would be made available by the state to assist members of the Finger Lakes Region control room.

“This is just seven days away from today,” she said.

County Manager Matt Landers said the county has the right to “delay classes indoors” and to delay the openings of gyms until Sept. 2 although he doesn’t expect to go down that road.

A state requirement to have MERV13 air filters* installed in all gyms could pose a problem for fitness centers housed in older buildings.

Landers said he is realizing there are more gyms in Genesee County than he thought, with four or five in Le Roy alone.

“There will be a lot of fun stuff over the next couple weeks,” he said, implying there is plenty of work ahead.

Movie theaters continue to be on the outside looking in as no announcement was made on their reopening.

“Maybe movie theaters should file a lawsuit and then they’ll be able to open. That seems to be how it works,” Stein said, alluding to the fact that more than 1,500 gym owners filed a class-action suit last week against the governor for not lifting his closure mandate.

*From Wikipedia: MERV is the acronym for Minimum Efficiency Reporting Value, a measurement scale designed in 1987 by the American Society of Heating, Refrigerating and Air-Conditioning Engineers to report the effectiveness of air filters. 

Press release:

• Genesee County received two new positive case of COVID-19, for a total of 272 positive cases.
  • Two of the previous positive cases reported last week were rescinded due to lab errors.
  • The new positive cases reside in Stafford and Alexander.
  • One of the positive individuals is under age 20 and one of the positive individuals is in their 30s.
  • One of the individuals was on mandatory quarantine prior to testing positive. One of the individuals was on precautionary quarantine prior to testing positive.
  • Twenty-seven new individuals are on precautionary quarantine due to travel from restricted states.
  • Three of the previous positive individuals have recovered and have been removed from mandatory isolation.
  • Two of the positive individuals are hospitalized.
     
• Orleans County received three new positive cases of COVID-19, for a total of 282 positive cases.
  • The new positive cases reside in Kendall, Shelby and Carlton.
  • One of the individuals is in their 30s and two of the individuals are in their 40s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • One of the previous positive individuals has recovered and has been released from mandatory isolation.
  • Eighteen new individuals are on precautionary quarantine due to travel from restricted states.

Bowling center proprietors have crossed one giant hurdle, finally convincing Gov. Andrew Cuomo that they can reopen their establishments safely, but now they face another significant challenge in figuring out how to run their leagues.

On Friday, the governor announced that centers will be allowed to reopen starting this Monday – good news for managers who rely on the weeks before Labor Day to determine the strength of their leagues and recruit new bowlers.

However, with the mandate to limit capacity to 50 percent and to keep every other lane closed due to social distancing, deciding where and when leagues will be able to bowl when they begin in early September likely will take on the look of musical chairs.

Normally, league opponents are set up to bowl on two adjoining lanes – lanes 1-2, for example – and to alternate lanes for each frame over the course of their three-game match.

In the first game, the team starting on lane 1 would bowl frames 1, 3, 5, 7 and 9 on lane 1 and frames 2, 4, 6, 8 and 10 on lane 2. The alternating pattern would continue through the next two games.

Rule Changes Allow Bowling on One Lane

Fortunately, several weeks ago the United States Bowling Congress, the governing body of the sport, temporarily waived USBC Playing Rules 106a, 106b, 320a and 320b, which state two lanes must be used for competition and bowlers must alternate lanes – bowling five frames on each lane of the pair.

The USBC also waived the requirement that both lanes must be used for a bowler to be eligible for awards and average recognition.

Those rule changes open the door for leagues to continue, but league bowling teams are going to have to be flexible and be willing to bowl on just one lane until the time comes when Albany loosens the limitations on lane usage and capacity.

“It’s tough,” said Mike Sputore, manager of the 24-lane Mancuso Bowling Center in Batavia, which plans to open on Aug. 24. “We’ve come up with a couple thought processes, but there’s no perfect plan … bowlers are going to have to work with us.”

Sputore said the only fair way to get the ball rolling is to “offer all of our leagues an opportunity to have a meeting and gauge the total number of league bowlers willing to still bowl (considering the restrictions).”

“One of our thoughts is to run double shifts for all the leagues, for instance, our Tuesday league that bowls on lanes 1 through 10 would be able to have five teams bowl on that first shift – maybe go odd (team numbers) the first week and even (team numbers) on the second shift,” he said. “That’s the only fair way to allow all of the teams to participate.”

Will League Bowlers Start Earlier?

He also said the weekly starting times could be moved up, so instead of the league starting at 7 p.m., it would be willing to start around 5:30. That way the second shift would be able to begin around 7:30 or 8 p.m. – the exact times determined by the number of bowlers on each team.

Sputore also said an option could be to have all the bowlers in one league bowl on the first shift on the first and third weeks of the month, and another league scheduled for that particular night having the first shift on the second and fourth weeks of the month.

That way, all members of a 12-team league, for example, would be able to bowl at the same time, but spread out over the 24 lanes, skipping every other lane.

Mancuso’s has the most lanes of all the centers serviced by the Genesee Region USBC, with other “larger” centers being Medina Lanes (20), Oak Orchard Bowl in Albion (18) and Livingston Lanes in Geneseo (16).

Finding something that works at the smaller centers will be all the more difficult.

Eight Isn't Enough

“I’m really hoping that the guidelines change again by the time we start our leagues,” said Bob Santini, proprietor of Mount Morris Lanes, which has eight lanes and a full weekly schedule of leagues, including two with five members per team. “If we have to go every other lane, it’s going to be tough.”

Santini, like Sputore, mentioned the first and second shift notion, but bemoaned the fact that the second squad of a five-person league wouldn’t finish until around 11 p.m.

He said the other option would be to allow half of a particular league to bowl on week one of the month, and the other half of the league to bowl on week two of the month. However, that would reduce the number of sessions for each group to 16 (for a 32-week league), effectively cutting his income in half.

“There’s two options and neither one of them are very good,” he said.

Santini also wondered if the requirement out of Albany that everyone has to wear a face covering applied when the bowler is actually on the lane, making his or her delivery. He mentioned that masks aren’t required when people are sitting down at a table eating.

“We’ve had two league meetings thus far and for the most part, everybody’s good with everything, except the masks,” he said.

The other Genesee Region USBC bowling centers with certified leagues are Rose Garden Bowl in Bergen (8 lanes), Paris Lanes in Oakfield (12 lanes), Perry Bowling Center (8 lanes), Letchworth Pines in Portageville (12 lanes), and Legion Lanes in Le Roy (8 lanes).

Waiting for More Guidelines

Doug Bohannon, of Glens Falls, president of the New York State Bowling Proprietors Association, said he is waiting for further details on the guidelines, including if face coverings have to be worn at all times.

“I know in Texas you have to wear a mask even when you’re bowling, and Florida it might be that way, but all the states surrounding us, you don’t have to wear the masks when you bowl,” he said. “The state has let us open, but they really haven’t given us the full set of rules yet.”

As far as all the requirements, Bohannon said proprietors will just have to make it work.

“It’s much better than staying closed,” he said. “If everybody just keeps doing what they’re doing (in terms of health and safety protocols), I think we will see a loosening in the restrictions.”

Other guidelines for bowling centers include: social distancing required at all times; bowlers need to stay at their assigned lanes; thorough cleaning and disinfection of shared or rented equipment between each use will be required; and all food service must follow all state-issued guidance.

Investigators are looking for information on a vehicle that struck a motorcyclist who was down in the roadway last night on Alleghany Road in Pembroke following a collision involving another vehicle. 

The vehicle that struck the motorcyclist, believed to be a Hyundai sedan, fled the scene southbound.

Travis R. Hartloff, 26, of Attica, was seriously injured in the accident and transported by Mercy Flight to ECMC.

The initial investigation indicates that Hartloff was northbound on Route 77 just before 9 p.m. when a vehicle in front of him slowed down to make a right-hand turn into the parking lot of an ice cream shop.

His 1983 Yamaha motorcycle struck a 2009 Honda Pilot driven by Garrett A. Stevenson, 20, of Clarence. In the vehicle with Stevenson were Samantha P. Kolbert, 18, of Cheektowaga, and Hope E. Stevenson, 17, of Clarence. None of the occupants of the Pilot were injured.

After Hartloff's bike struck the Pilot, Hartloff was thrown from the bike and he fell in the middle of the roadway.

Anyone with information that might help identify the driver and the vehicle that struck Hartloff are asked to contact the Sheriff's Office at (585) 345-3000.

The cause of the accident remains under investigation. 

The accident is being investigated by Sgt. Andrew Hale, Sgt. Jason Saile, Investigator Joseph Loftus, Deputy Kyle Krzemien, and Deputy Brock Cummins. 

Assisting at the scene were State Police, Corfu Fire Department, Pembroke Fire Department, and Mercy EMS.

(initial report)

Photos by Alecia Kaus/Video News Service.

While no longer on the payroll, outgoing Genesee County Manager Jay Gsell gave himself a new title as he bid farewell this afternoon at a ceremony attended by about 50 dignitaries, current and former legislators, local government colleagues and friends in front of the steps of the Old County Courthouse.

Gsell, directing his remarks to City Council members Eugene Jankowski Jr. and Kathleen Briggs, said that “Geno, since I walk the streets of Batavia on a regular basis, I’m on weed patrol now. So, Kathy (Briggs) you don’t have to worry about sending the city crews out. I’ll take care of this side – you get them to just do the Southside, and we’ll be good.”

The 45-minute event marked the end of a 27-year (actually 26 years and 364 days) career as the county’s chief administrative officer – a tenure that saw the county grow exponentially under Gsell’s guidance, energy and optimism.

After the presentation of proclamations, commendations and gifts, Gsell and his wife, Ann Marie, led a balloon launching, which served as a touching tribute to their daughter, Claire, who passed away in March 2009 at the age of 27.

“It was going to be her 28^th birthday (on Sept. 6), so we decided that every year we would put 27 balloons out,” Gsell said. “In this case, we’re going to do it now. We figured why not, this is our favorite place.”

Getting 'Guidance' from Mary Pat

In a four-and-a-half-minute speech that capped the festivities – remarkably short for the effusive New Jersey native, Gsell talked about his daughter’s driving experiences, recalled meeting (the late legislator) Florence Gioia when he was about to be hired in 1993, expressed his pride in the team that leads the county and assured all that he and Ann Marie were in Batavia to stay.

“As it turns out, her (Claire) consistent guidance at Batavia High School was (guidance counselor) Mary Pat Hancock, and we always knew when we got a phone call, it was because Claire had gone to her first before coming to us with regard to what was or was not appropriate – including wrecking a car and also hitting somebody else in the parking lot. In fact, I think it was B.R. DeWitt’s wife,” Gsell remembered.

Hancock was the legislature chair when Gsell was hired and was one of today’s guest speakers, along with U.S. Congressman Chris Jacobs, State Sen. Michael Ranzenhofer, State Assemblyman Stephen Hawley, City Council President Jankowski, NYS Association of Counties President Jack Marren, current Legislature Chair Rochelle Stein and former Legislature Chair Robert Bausch.

Gsell said Claire went to Hancock first “to break the ice” before informing them of what had transpired.

“And, also, Rosalie Maguire, our insurance agent (who also was in attendance) had to keep changing the cars that were in our portfolio because Claire went through six cars in five years at one point,” he said. “She never got hurt except when one of our sheriff’s (deputies) had to actually pull up to her on Dodgeson Road and her car was facing the opposite direction from where she was headed to Darien Lake to work out there.

“She went to avoid a squirrel and ending up wrapping herself around a tree. So, needless to say, Frank Falleti (of Falleti Motors) was also our best friend as far as cars were concerned.”

Teamwork: 'It's How I was Raised'

Gsell said he knew he made the right choice when taking the Genesee County job – “the teamwork and cooperation, and how we get things done. This is really what I wanted to do. It’s how I was raised and also we as a group … things are in good hands with Matt (Landers, his successor); Vicki (Muckle, executive assistant to the county manager), and Tammi (Ferringer, recently appointed assistant county manager).”

As far as life after retirement, Gsell said “we call this home.”

“People keep saying, ‘So where are you going next? When’s the for sale sign (going up).’ There’s no for sale sign. The house is paid off, the dogs are happy, Ann Marie is reasonably happy except when I get anywhere near the television or the remotes, and as far we’re concerned, Genesee County and the City of Batavia are home, plain and simple,” he said.

Ann Marie took a few minutes to affectionately “roast” her husband, rattling off a number of his idiosyncrasies, including his technological impairment when it comes to Wi-Fi and TV remotes – “We call his TV chair the handicap parking spot,” she joked – and compulsive clearing of the dishes before people are done eating.

On a serious note, she went back 44 years ago when she was a single mother.

“I was a single mom with a 2 ½-year-old son and I couldn’t have chosen a better dad for my son,” she said, speaking of Christopher, who lives in Brooklyn.

Now It's on to the Next Chapter

Jay Gsell acknowledged that things will be “different come Monday, for the first time in 46-plus years.”

“And I’m not sure how I’ll react to that, but I think I will find a way,” he said. “And I know there are certain things like United Way and Rotary (Club) and also HomeCare & Hospice that will keep me busy at least on a volunteer basis.”

In closing, Gsell, who turns 69 on Saturday, said it was an honor to serve in Genesee County and the City of Batavia.

“We’re still going to be here, just know that – and again I can’t thank you enough,” he said. “It has been an honor and a privilege to work for this public sector government here for pretty much more than half of my career. So, thank you, thank you and thank you.”

Tributes from State, Local Lawmakers

• Marren presented Gsell with a mirror, coffee cups and a T-shirt with the words “Whisper words of wisdom … Let it be” on the front.
• Ranzenhofer mentioned Gsell’s expertise in working on the county water project, and extended the hope for “a great retirement with days filled with pleasure and joy.”
• Jacobs congratulated him on his “career of service in professional governing and the many other things you do for the community.”
• Hawley harkened back to the “Men of Rotary” calendar before saying that “no one has given more service to the Rotary Club and to the community than Jay Gsell. ... The guy is a workaholic … and an asset to the community,” he said.
• Jankowski said he will miss Gsell’s “enthusiasm and energy” and thanked him for helping the city whenever it needed help.
• Stein, calling it a special day for us, said “we all appreciate who he is and all he has done for our lives,” noting that Gsell served under six legislative chairs and 39 different legislators. “He wore us down with his enthusiasm and ability to keep going,” she said.
• Hancock recalled realizing Gsell’s professional experience, education and moral fiber during the interview process, “but we had no idea about the energy. ... He certainly was the man for the job, and he put his heart and soul into it,” she said, adding that she hopes Gsell starts his retirement with a nap.
• Bausch applauded Gsell for moving the county forward, mentioning Genesee Community College, the County Court Facility, Genesee County Airport, bringing water into the county and overall economic development.

Previously: Jay Gsell, 'Dean' of county managers, enters final week of his distinguished career

Photo at top: Jay and Ann Marie Gsell standing next to a chair, specially hand-painted for the occasion by Batavian Ed Leising; Photos at bottom in order -- Gsell (at right) and others releasing balloons in memory of the Gsell's daughter, Claire; U.S. Congressman Chris Jacobs congratulating Gsell; Batavia Police Chief Shawn Heubusch, left, and Fire Chief Stefano Napolitano sharing a moment with Gsell; Assemblyman Stephen Hawley and Mary Pat Hancock with the Gsells and the flowers presented to Ann Marie.

Photos by Mike Pettinella.

Gov. Andrew Cuomo today said that bowling centers will be allowed to reopen starting Monday.

"Bowling is back, now let's back bowling," proclaimed Randy Hanks, proprietor of Oak Orchard Bowl in Albion, upon hearing the news that bowling center owners have been waiting for since the middle of March. Hanks said he plans to open his establishment on Aug. 21.

Cuomo said that center proprietors will be required to limit capacity to 50 percent and bowlers will have to stay at their assigned lanes, Cuomo said. Additionally, it is being reported that everyone must wear face coverings and every other lane must be closed.

Food and alcohol service will be permitted, but only by wait service at individual lanes.

In a telephone briefing with reporters, published reports indicated that Cuomo said, “They (servers) come to you. You don’t go to a bar. They come to you.”

A spokesman for Gov. Andrew Cuomo advised Chris Jacobs to “take a course on basic math” after the freshman congressman on Thursday accused the governor of sitting on $3 billion of unspent federal stimulus money that is intended to help New York state counties, cities, towns and villages.

“I know he just got there, but clearly the congressman should take a course on basic math and budgeting because in about 120 days the state spent $2.2 billion on COVID-19 expenses, nearly half our allocation, and simple math would tell you we’ll spend it all by the end of year,” Deputy Communications Director Jason Conwall said.

Conwall said the money is going for personal protective equipment, food banks and coronavirus testing efforts.

“This is just misdirection by a congressman who knows Washington has yet to deliver and will ultimately determine the depth of the state’s spending reductions and how damaging they will be to the schools, hospitals and our most vulnerable neighbors that are supported by the state,” Cornwall added.

Earlier in the day, Jacobs issued a statement indicating that Cuomo is “hoarding” the CARES Act funding that was intended to help local governments, and wants to see stronger language in any additional stimulus legislation to demand greater accountability in the utilization of these funds.

“This is taxpayer’s money intended to help people during this crisis; it is not the governor’s personal ‘piggybank,’” Jacobs said.

Jacobs said he was “shocked” to learn that New York has spent only 42.3 percent of the $5.1 billion in CARES Act funding. An additional $2.1 billion was allocated to seven large municipalities, including Erie and Monroe counties, which received $160 million and $130 million, respectively.

According to Genesee County Manager Jay Gsell, the state’s 50 other counties did not qualify for any of the CARES Act money, other than funds to help offset Medicaid expenses and to reimburse specific agencies for COVID-19 costs.

The CARES Act was set up to compensate states and municipalities that had populations of at least 500,000 or that met Community Development Block Grant requirements.

“We got our FMAP (Federal Medical Assistance Percentages) money – reducing our Medicaid weekly shares by $24,000 well into next year – and about $100,000 for the Office for the Aging and health department,” he said.

Gsell continues to urge the federal government to pass another stimulus bill, this time with funding for local governments. Today is the final day of his 26-year, 364-day career as the county’s chief administrative officer.

He also said there’s no guarantee that the state will release any of the $3 billion that Jacobs says is in its coffers to local governments, so he is imploring the feds to step up with what looks like a final federal stimulus package to support counties, cities, towns and villages. Gov. Cuomo also has warned that the state may reduce its aid to municipalities by 20 percent or more.

“We have been arguing that if there is going to be a Fed Stim 4-5 that part needs to change,” he said. “The HEALS Act that (Sen. Mitch) McConnell put together brings us nothing – it only suggests that the state still has some money and they might be able to give some of it to other jurisdictions in the state.”

Gsell said if Congress passes one last stimulus bill, they need to do it quickly.

“This is the time and this is now. Not after November; not two and a half months from now, before the election. Address it now, before you go home and start doing the hand shaking and baby kissing at the legislative levels,” he said.

In a related development, John F. Marren, president of New York State Association of Counties, reinforced the need for assistance to counties as he commented on the quarterly state budget update for 2021. The financial plan projects a $14.5 billion revenue decline in the general fund and a 15.3 percent decrease in “all funds” tax receipts.

“This quarterly state budget update is bad news for New York, and bad news for every local government, service agency and local taxpayer in the state,” Marren said. “The loss in revenue and budget gaps will decimate every local health, safety and human service program, construction project, and job in their path.”

Genesee County planners didn’t need any comments from the applicants on their way to recommending approval of four business-related referrals on Thursday night.

At their monthly meeting conducted via Zoom videoconferencing, the planning board looked favorably upon 13 referrals -- with eight of them involving private matters such as home additions, sheds and barns and another being a request by the Oakfield Town Board to rezone 10 parcels on Albion Road from Land Conservation (LC) to Residential & Agricultural (R+A).

As reported on The Batavian earlier this week, the four remaining referrals were a new professional office building in the Town of Alexander, addition at PCORE Electric, Inc., in Le Roy, a community center in the Village of Oakfield and an auto repair/print shop associated with a ministry in Darien.

Planners recommended approval of all four, with the lone modification tacked on to A/C Associates’ application for a special use permit to construct a 92- by 50-foot one-story office building at 11198 Alexander Road. (Route 98).

The modification stipulates that the applicant obtains a driveway permit from the state Department of Transportation for the reconfigured driveway prior to approval by the Alexander Town Planning Board.

The plan is for A/C Associates to occupy part of the space, with additional offices to be made available for leasing.

The three other referrals stamped for approval were as follows:

• A special use permit request from the owners of PCORE Electric Inc., in Le Roy (on the Lapp Insulator campus) to build a 2,800-square-foot addition and a new 6,700-square-foot asphalt pad. Planners also recommended that the applicant be aware of the vegetative buffer to Oatka Creek when creating the new pad.

• A site plan review submitted by RWNY Property Group to place a community center (food pantry and farmers’ market) in an existing building at 33 S. Main St. (Route 63).

• An area variance application from John Kula of Freedom Fellowship LLC, to put up a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20) in Darien.

The public garage will support a faith-based organization for those in recovery from substance use disorders. Work would be limited to light repair, tires, brakes and routine service.

Diana Lynn Bloom, 62, of State Street, Batavia, is charged with two counts fourth-degree grand larceny, which is a Class E felony: for allegedly taking property with a value greater than $1,000 and for allegedly taking it from a person. She was arrested on Aug. 3. It is alleged that at 1:49 p.m. on July 3 she stole an envelope full of money from the victim's pocket, while inside a business in the 100 block of West Main Street in the City of Batavia. She was issued an appearance ticket and is due in Batavia City Court on Nov. 10. The case was investigated by Batavia Police Officer Christopher Lindsay, assisted by Officer Jason Ivison.

Marshawn J. Singletary, 38, of Oak Street, Batavia, is charged with: first-degree criminal contempt; third-degree menacing; and second-degree harassment. At 6:33 p.m. on Aug. 6 on Oak Street, Singletary allegedly shoved a person who has a stay away order of protection against him and threatened that person with a vacuum cleaner. He was arraigned in Batavia City Court and put in jail on $3,000 cash bail, $6,000 bond, or $12,000 partially secured bond. Singletary was due to return to court on Aug. 10. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Miah Stevens.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with failure to appear. Gibson was located and arrested on three separate warrants for failure to appear in Batavia City Court. Gibson faces charges of second-degree harassment, third-degree robbery, and two counts of petit larceny. Gibson was transported to Batavia Police Headquarters, processed and released. He was due in city court Aug. 3. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Felicia DeGroot.

Jimpce Jay Etienne, 44, of Warren Street, Batavia, is charged with second-degree harassment. Etienne was arrested at 8:36 p.m. on Aug. 8 on Warren Street after allegedly swinging a fist at the victim. The defendant was issued an appearance ticket and is due in Batavia City Court on Nov. 17. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Sean Wilson.

Edward R. Freida, 49, of Pringle Avenue, Batavia, is charged with petit larceny. Freida was arrested after an investigation into a shoplifting incident at 10:22 p.m. July 28 at the Kwik Fill gas station and convenience store at Jackson and Ellicott streets in the city. He was issued an appearance ticket and is due in Batavia City Court on Oct. 27. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Felicia DeGroot.

A man from Rochester and another from Batavia are facing narcotics dealing charges following a raid by the Local Drug Task Force on Wednesday morning of residence at 22 Hutchins Place, Batavia.

Donald Brown, 46, of Liberty Pole Way, Rochester, is charged with: two counts of criminal possession of controlled substance, 3rd; criminal possession of a controlled substance, 4th; criminal using drug paraphernalia, 2nd; criminal possession of a controlled substance, 7th; criminal mischief, 4th; and unlawful possession of marijuana.

Ronnie K. Johnson, 50, of Hutchins Place, is charged with two counts of criminal possession of controlled substance, 3rd.

Both men were arraigned in Batavia City Court and ordered held without bail.

The press release from the Genesee County Sheriff's Office doesn't state what drugs the two men were suspected of selling.  

Also arrested was Madalyn R. Muntz, 34, of Hutchins Place. She is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. She was released on an appearance ticket.

Assisting in the investigation and raid were Batavia PD, the Sheriff's Office, State Police, City fire, Batavia Code Enforcement, and the District Attorney's Office.

Top photo: Reader-submitted photo.

Update 11:40 a.m. with media release from Acting City Manager Rachael Tabelski:

The City of Batavia Interim City Manager and Police Chief will move forward to assess the draft City of Batavia Deer Management Plan and will make recommendations to the City Council in the near feature (sic) regarding how the City could move forward to evaluate and reduce the deer population in the City of Batavia. The Interim Manager and Police Chief will look to review the plan amidst the current COVID-19 circumstances, City liability considerations, and best practices as put forth by the New York State Department of Environmental Conservation (DEC).

“The plan is a great start and we do not want to lose site (sic) of the City’s goals to evaluate and manage the deer population that is problematic to resident’s vegetation and quality of life,” said John Canale, City Council member, 3rd Ward, and liaison to the Deer Management Committee. “The City of Batavia would like to thank the members of the City of Batavia Deer Committee for their work.” 

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Update: 11:10 a.m. with Council Member Robert Bialkowski's comments:

"That was a surprise and I'm very sorry to see it happen. I've sat on a couple committees that all of a sudden were just disbanded, and it's a lot of work. It's bad, and I didn't expect it. Going forward, I suggest that we just set it aside for a little while and take a breath. Everybody calm down, and let's decide which way we want to go. I respect all the work that the committee did."

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In a meeting that lasted 33 seconds this morning, the City's Deer Management Plan Committee announced that it was resigning, effective immediately.

Committee spokesperson Russ Nephew, in a prepared statement, said:

"For the past month and a half, the committee members consisting of Sam (DiSalvo), Gus (Galliford), Fred (Gundell), Kent (Klotzbach) and I have been used, disrespected, lied to and lied about. In lieu of this, we are removing ourselves from the Deer Management Committee as of this moment."

To which Acting City Manager Rachael Tabelski replied “Thank you.”

The four committee members at the meeting at City Hall Council Chambers (Klotzbach was unable to attend) did not sit down as Nephew spoke, and left right away.

The Batavian reporter asked Tabelski and City Council President Eugene Jankowski Jr. if they wished to comment. Both declined.

Others at the meeting included Police Chief Shaun Heubusch, City Attorney George Van Nest and Council Member Robert Bialkowski.

Council Member John Canale, the committee liaison, was on his way up the stairs to the meeting when he was told what had transpired. He, too, said he did not wish to comment.

In recent days, the committee has publicly claimed that it has been kept out of the loop regarding changes in the plan.

Today's developments are unfortunate along all fronts as the committee met more than 30 times over the past eight months and even walked the areas identified as hunting zones in the plan that they developed.

And now the city is faced with challenges of how to implement the plan to reduce the deer population without the guidance of a committee initially charged with monitoring its progress over a three-year period. 

"We put in more than 300 hours," Galliford said afterward at Nephew's home on State Street. 

"Every page of that plan (which has 24 pages) we hashed over, argued about and researched, making numerous revisions along the way," Gundell added.

DiSalvo, an experienced hunter and trainer, said recent changes in the plan were made without committee input.

"This is beyond disappointing," DiSalvo said, calling a change that allows only city employees to hunt on two areas of primarily city-owned property "a slap in the face to the Genesee County Federation of Sportsmen," members of the 12 clubs who, according to the plan, are the first priority when it comes to selecting those deemed qualified to hunt.

DiSalvo said the decision to exclude the Sportsmen club members from those zones, which he said was made by Tabelski and Van Nest, "is descrimination by the book."

"This goes against everything in the plan," he said. "I have looked at plans from Syracuse to Buffalo and Lake Ontario to Pennsylvania and none of them have those restrictions. What they have done is create a hunting preserve for city employees."

Furthermore, DiSalvo contends that Tabelski asked him to write something detailing the procedure for selecting the hunters and their unit, which he did, but that information did not end up in the plan.

Nephew has been vocal about the lack of communication from city management since former City Manager Martin Moore departed in late June. He said he requested a full committee meeting with Tabelski a few days after she moved up from assistant city manager to acting city manager, but was rebuffed.

"Her exact words were 'I don't have time for that. I'll just deal with you,' " Nephew said. "She basically slammed the door in our face from the word go."

Gundell said if Moore was still involved, the outcome would have been different.

"If Mr. Moore was here today, we wouldn't be talking about this," he said. "He was at every meeting and he even went to sportsmen club meeting because he wanted to learn more about them and what they thought. This committee is defunct because our two leaders -- Moore and Russ -- are done."

Committee members also said they were betrayed by Jankowski, who, according to Nephew, "threatened to shut the committee down if we continued to go to the press."

As it currently stands, the plan has yet to be approved by City Council. The board, at Monday night's meeting, tabled it until September's Business meeting.

Previous story: Council, manager attempt to smooth things over with deer management plan committee

It’s happening in Texas. Could it happen in our neck of the woods?

The Garland Independent School District and Lancaster ISD in Dallas County, Texas, reportedly will allow their teachers to wear scrubs once schools reopen.

According to a story on WFAA, the ABC television affiliate in Dallas, Garland ISD Superintendent Ricardo López said that teachers had requested the change to the dress code in light of the fact that they will be responsible for health-related measures to combat the coronavirus.

“Scrubs are easier to clean. You don’t have to worry about ruining them. You put them in high-temperature hot water and if they come out a little faded, you are not going to worry that it is not your best clothing. So, we said why not,” López said.

As far as teachers in scrubs in Genesee County, depending upon how things go in September, it is a possibility.

“I did have a teacher this past week who ‘joked’ about it to me,” said John Fisgus, superintendent of Oakfield-Alabama Central School District. “The funny thing is, I don't know how ‘joking’ they were. I basically stated, ‘Well, we don't have a formal dress code for teachers, staff, and faculty, so as long as it looks appropriate for work, do what you think is best for you!’ ”

Fisgus added that if everyone wore scrubs, “it could look bad,” but said that in certain instances for faculty and staff, he wouldn’t mind it.

Batavia City School District Superintendent Anibal Soler Jr. said scrubs or protective gear might be allowed if a teacher believed that he or she needed that type of clothing to feel safe.

“We just expect them to dress professionally, but if they wanted to wear something that they felt they needed then, obviously, we would want to work with them,” Soler said. “Hopefully, that would come from some kind of recommendation or accommodation, but again we want our staff to feel safe and we want to feel safe.

“If they feel that’s what they need to come in to teach, we just would want to be aware of that -- as far as the optics are concerned -- and make sure that is truly necessary. We’re not necessarily opposed to it, but that’s not something we’re out there promoting.”

Soler said Batavia teachers haven’t brought up the issue.

“I think Texas is in a different spot right now – they’re a major hot point while they’re opening schools, whereas in New York our infection rate is lower,” he offered. “I know there are serious concerns around the virus, legitimately so, but that has not come up in terms of folks wanting to wear anything of that nature.”

Mark Warren, president of the Batavia Teachers’ Association, concurred that the subject has not come up yet.

“If people wanted to do that, I wouldn’t have a problem with it. But it hasn’t come up in discussions with the district,” he said. “I don’t think there would be a rule against it. I don’t see a reason why it wouldn’t be allowed.”

Teachers in all districts will be wearing masks, social distancing and, to some degree, assisting students with the proper protocols to ensure everyone’s health and safety.

Proponents of scrubs say that type of clothing has its advantages for the following reasons:

• They present a clean and neat appearance;
• They are durable;
• They are easy to care for and disinfect by washing and drying;
• They have pockets for storage;
• They aren’t that expensive.

It is said that a good pair of scrubs holds up through at least 30 washes, so in theory, teachers can buy uniforms once each school year.

Soler said he will be wearing a suit and tie – as well as a facemask – and adhering to all the other requirements mandated by the governor’s office and the state Department of Health.

“We’re not saying, hey, go out and get a full hazmat suit and come into work,” he quipped. “We’re hoping to make this feel as normal as possible.”

Edward George Ruckdeschel, 58, of Liberty Street, Batavia, is charged with third-degree grand larceny, a Class D felony. The defendant was arrested after an investigation into the theft of a vehicle at 8:54 p.m. on Jan. 13 on Genesee Street in Pembroke. He was arraigned in Pembroke Town Court at 11 a.m. Aug. 11 and ordered held on cash bail (unspecified) and put in jail "where he is currently residing." He is due in Genesee County Court at a later date. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson.

Edward George Ruckdeschel, 58, of Liberty Street, Batavia is charged with fourth-degree grand larceny, and third-degree criminal trespass. On Aug. 10, the defendant was arrested after an investigation into the theft of a vehicle at 1:05 a.m. on Dec. 10 from West Main Street Road in Batavia. He was released on an appearance ticket and is due in Town of Batavia Court on Sept. 24. The case was investigated by Genesee County Sheriff's Deputy Kevin Forsyth.

Brian L. Dutton, 62, of Pavilion, is charged with unlawfully growing cannabis (marijuana) and unlawful possession of marijuana in the second degree. He was arrested Aug. 12 following a joint investigation by the U.S. Border Patrol and the Wyoming County Sheriff's Office. A U.S. Border Patrol helicopter allegedly located cannabis growing inside a metal enclosure behind Dutton's residence on Aug. 7, and the pilot led deputies to the location. The plants, allegedly grown by Dutton, were seized and destroyed. Dutton was issued an appearance ticket and is due in Town of Covington Court on Aug. 31. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, Deputy John Button, and Investigator Aaron Anderson.

The Genesee County Planning Board on Thursday is expected to consider 14 referrals, including a new professional office building in the Town of Alexander, an addition at PCORE Electric Inc. in Le Roy, a community center in the Village of Oakfield, and an auto repair/print shop associated with a faith-based group in Darien.

The meeting is scheduled for 7 p.m. and will be conducted via Zoom videoconferencing.

Tony Batog of A/C Associates is seeking a special use permit and site plan approval to put up the office building on a 1-acre parcel zoned Agricultural-Residential at 11198 Alexander Road (Route 98).

Per the Town of Alexander’s zoning regulations, a special use permit is required prior to the construction of a mixed use residential/professional office building.

County Planning Director Felipe Oltramari said a house on the property will be coming down to make way for the 92- by 50-foot office building, with office space to be available for leasing.

David Ciurzynski of Ciurzynski Consulting LLC, of Attica, project manager, said that Batog's business will occupy one of the offices and that two or three other office spaces are planned for the single-story structure that will feature a brick facade.

"It will have a commercial look with a residential feel," Ciurzynski said, adding that plans call for it to be complete next spring.

The location is south of the Village of Alexander, close to the Village of Attica, near Prospect Street and Route 98.

In Le Roy, the owners of PCORE Electric Inc., at 135 Gilbert St. (the Lapp Insulator campus) are requesting a special use permit to build a 2,800-square-foot addition and a new 6,700-square-foot asphalt pad.

Town code stipulates that special use permits are necessary for expansion of nonconforming uses.

In Oakfield, RWNY Property Group has submitted a site plan for review by county planners in anticipation of placing a community center (food pantry and farmers’ market) at 33 S. Main St. (Route 63).

Applicant Sue Zeliff, in documents provided to the village planning board, noted that the center would be open from 8 a.m. to 7 p.m. Monday through Saturday.

The community center will go into a longstanding building that previously served as a dance studio.

In Darien, John Kula of Freedom Fellowship LLC, has applied for an area variance to put up a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

According to his application, the public garage will be used for vocational training associated with a ministry that supports those in recovery from substance use disorders. Work would be limited to light repair, tires, brakes and routine service.

In a letter to the Town of Darien Zoning Board and Genesee County Planning Board, Darien Zoning Officer Jerry Yoder wrote that the Total Freedom New York ministry is a private, faith-based residential alternative addictions facility, and included its mission:

“Helping men and woman 18 and over get set free from life controlling problems and behaviors. Part of the program goals are to empower people through vocational and skills development to engage in family and community. To that end, the business development facilitates program goals and provides income to offset operational expenses.”

Alabama Town Supervisor Robert Crossen acknowledged Monday night that he should already have a draft budget for town board members to review but given the uncertainty over revenue streams, he isn't quite ready to present a budget that could require drastic cuts to services.

There is some hope that Congress will pass a new stimulus bill that will include aid to local governments, all the way down to the town and village level.

If that happens, the town could get $100,000 in aid, and if the county and the other municipalities get proportional aid from the Federal government, it could give the County Legislature enough leeway to share sales tax with towns and villages.

The Town of Alabama's typical share has been $450,000.

"We're not a very big town so when you take out $450,000, that's a lot of money," Crossen said. "That's people. That's things we're not going to be able to do."

That could mean, Crossen told the board, eliminating a town justice, not paving roads, eliminating part-time employees.

It's likely the town will need to raise property taxes in excess of the state limit and in preparation of that anticipating increase, the town board unanimously approved tax cap override legislation Monday night.

Crossen said county officials have been as cooperative as they can be while trying to negate the current financial crisis -- brought on by the  global coronavirus pandemic.

"They have bent over backward to say we're under a lot of pressure here and we're going to work this out together with you guys," Crossen said.

If solar farms are coming to the Town of Alabama, local officials have determined that they would rather have some local control than letting the state have all the power.

Monday night, the town board approved a local ordinance that will allow the town to set some parameters on solar farms and perhaps keep the largest of them off good farmland.

"The planning board struggled with this over the months and months," said Supervisor Robert Crossen. "The town board did, too. None of us are about losing farmland but we with Article 10 saying this will happen, I guess my view is that this is part of what you have to do to stay in the game. If we don't participate in it, then we won't have a lot to say."

In other words, without adding Section 624 to the town code, the town won't have any say in the planning and siting of solar farms in the town.

Article 10 of the Public Service Law, passed in 2011, lays out the process for permitting new major electric-generating facilities, giving the responsibility for permitting and siting resides with the State Energy Siting Board. Without local building codes, local jurisdictions have no say in the size, scope, location, setbacks, visual screens, or decommissioning plans for the facilities.

"Our regulation attempts to put a footprint in the sand and say this is what we’d like to see," Crossen said after the meeting.

While the new law sets code standards for small installations for the personal use of solar energy on residential, commercial, and farm property, the key aspects of the new law cover what are considered Tier 3 and Tier 4 solar farms.

A Tier 3 installation is one of up to 1,500 square feet but generates more than 110 percent of the electricity used by the property it is installed on.

A Tier 4 installation is more than 50 acres in size.

Crossen said the town hopes it can use the new law to avoid large industrial installations but indicated the final decision will be part of the Article 10 process.

The town put in place a moratorium on new solar farms while it reviewed its options and Crossen said now that the new law is in place, he expects to see applications flowing in.

"We are well aware that there are many companies that are ready to propose many projects," Crossen said.

There are potential economic benefits to the town, in the form of fees (perhaps as much $5,500 per megawatt), as well as the county and the school district, for any commercial solar projects installed in the town.

The new ordinance also requires large projects to negotiate a host community agreement that should generate additional revenue for the town.

The sole resident to speak at the public hearing prior to Monday's town board meeting was resident Dave Bencic who questioned the town's commitment to protecting farmland by enacting a law that would permit solar farms on prime farmland.

Trustee Kevin Fisher recalled all the work that went to creating the town's farmland protection regulations but conceded town officials were hemmed in by state law.

"So much for home rule," Fisher said.

"So much for home rule, correct," Crossen said. He then called for the motion to adopt the new law. It passed unanimously.

Press release:

• Genesee County received two new positive cases of COVID-19.
  • The new positive cases reside in Batavia.
  • One of the positive individuals is in their 50s and one of the positive individuals is in their 80s.
  • Both of the individuals were on mandatory quarantine prior to testing positive.
  • Zero of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Fifteen new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the positive individuals are hospitalized.
     
• Orleans County received zero new positive cases of COVID-19.
  • Eight new individuals are on precautionary quarantine due to travel from restricted states.

If the Batavia City Council has a plan to fill the vacancy caused by the departure of former City Manager Martin Moore, it isn’t revealing it – at least not yet.

Acting on the advice of the city attorney, Council President Eugene Jankowski Jr. today sent an email to The Batavian, stating “it’s still very early in the process. (The) Novak (Consulting Firm) is available and is one of the options City Council is exploring.”

Jankowski said the board is “continuing the search process” but would not elaborate due to it being a personnel matter.

While Jankowski believes it is early in the process to find a permanent replacement for Moore, who left Batavia on June 22, another city resident said Council should have disclosed its plan by now.

John Roach, speaking during the public comments segment of Monday night’s City Council meeting, said council members knew that Moore was on his way out.

“You still haven’t decided what you are going to do about replacing him, and that seems kind of silly,” he said. “Once he said he was leaving, you should have had a meeting and said, ‘OK, let’s get a plan.’ You talk about having a plan and you talk about looking at a plan.”

Roach said he is in favor of hiring of Acting City Manager Rachael Tabelski, who was brought on last August as the assistant city manager.

“Obviously, the person has been around awhile … you think you’re going to find somebody better?” he asked. “Save a little money -- save a little time -- make a decision. It’s kind of embarrassing that it has been months (actually nearly two months), and you haven’t even decided what the plan is.”

Sammy DiSalvo, a Democratic Party candidate for a City Council at-large seat in 2020, followed Roach to the podium but had a different viewpoint.

“I support holding a full search for a new city manager,” DiSalvo said. “Nepotism is not a way to run a city.”

The Batavian has asked Jankowski on separate occasions if a full search will be conducted, and if so, will Council be contracting with the Novak group out of Cincinnati, Ohio, again to conduct the search.

Novak coordinated the search that brought Moore from Eunice, N.M., to Batavia in August of 2018, and reportedly gave the city a guarantee that the next search would be at no charge if Moore left before completing two full years as city manager.

In a related development, the Valencia County News-Bulletin, a weekly newspaper in New Mexico, reported that Moore is one of 13 candidates for the city manager job in Belen, a city of about 7,400 people about 35 miles south of Albuquerque.

In what amounted to a protracted exercise in damage control, a few members of Batavia City Council and the acting city manager on Monday night accepted some responsibility for miscommunication with the Deer Management Plan Committee that has spent the past nine months working on ways to reduce the deer population in the city.

Council as whole, however, stopped short of approving the plan, instead opting to table it for further discussion and a possible vote at its Sept. 14 Business meeting at City Hall Council Chambers.

Council Member Robert Bialkowski’s question, “We’re there some changes made that didn’t include the committee?” triggered a 20-minute discussion – mostly a back-and-forth between Council Member and committee liaison John Canale and Council President Eugene Jankowski Jr., with some input from Acting City Manager Rachael Tabelski.

Bialkowski’s query stemmed from a story on The Batavian last Friday indicating that the five-member committee believed that changes to the plan they had largely crafted were made without its knowledge or involvement.

Speaking for the committee in that story, Russ Nephew said they had been left out of the loop, and accused management of going behind closed doors to modify wording in the 21-page document. Other committee members are Samuel DiSalvo, Fred Gundell, Gus Galliford and Kent Klotzbach.

Phone Call to Committee Member not Returned

For his part, Canale said that he didn’t return a phone call from Nephew to provide an update, action that could have prevented hard feelings.

“To Bob’s point, this (the process of city management and attorney review and insertion of legal wording) was all going on and I had not gotten back to one of the committee members (Nephew) who has taken on one of the lead roles of the committee,” Canale said. “Because of that, and I had all intentions of calling him on the weekend, but what came up is I got a call from The Batavian, asking for comment on this because one of the committee members, Russ Nephew, had called and felt that they were being left out of the process.”

Reportedly, the committee took exception to not being informed of the following changes that were outlined in an Aug. 4 memo from Tabelski:

• Nobody other than city employees who qualify for the program will be allowed to hunt in areas 4 and 5, which are predominantly city-owned parcels located near the wastewater treatment plant and yard waste station.
• While supporting approval of the plan, “all activities related to (its) implementation” will be prohibited “until schools in Batavia are fully reopened.”

School Situation Changes Things

Canale addressed the school situation, stating that he brought the Batavia City School District’s hybrid schedule – some days in school and some days learning remotely at home – to Tabelski’s attention, putting safety first, and recommended holding off on any culling activities.

The plan stipulates that hunting in any of the five identified zones could take place only when school is in session.

“The wording as it stands now will not allow us to do the hunt,” Jankowski noted.

As far as the communication issues, Canale said he takes full blame “because I did not have the opportunity to get back to the committee and let them know what was going on.”

“It was also part of Rachael and I trying to work this thing out so we could get this thing approved and get it in motion,” he added.

Bialkowski said he wasn’t looking to blame anyone, but felt that the deer committee should have the opportunity to discuss the revisions.

Jankowski said he spoke to DiSalvo and Nephew earlier Monday.

Different Takeaways from Conversation

“He (Nephew) said he got a little overzealous and he got angry and went to the paper (The Batavian) instead of calling one of us and finding out what was going on,” Jankowski reported. “So, he was sorry about that, and said that he made a poor choice there. But he didn’t want that to cloud the issue of all the important work they have done.”

Contacted this morning, Nephew disputed Jankowski’s interpretation of their conversation.

“I did not say that I was sorry, I did not say that I made a poor choice in calling The Batavian and I never got emotional,” Nephew said. “Jankowski said, 'Gee Russ, I wish you would have called me first,' and I said "If you remember right, I did call you about John Canale not calling me back and you did nothing. And that’s why I went to the paper and I would do it again.' ”

During last night’s meeting Jankowski put forth two options – voting for the plan and amending it later, or tabling it.

“They (the committee) have a meeting scheduled for Thursday of this week (9 a.m. at City Hall),” Jankowski advised. “That was going to be more of an implementation meeting, but now it could be a ‘clean up that wording’ meeting, and all the miscommunication can be aired out at that meeting. Then we can bring it back to Council and have the final product then .. or we can vote on it now and amend that wording so that it works.”

Jankowski said that hunting will not be allowed until school “goes into a full-blown normal mode” (all students in the school buildings),” adding that no one knows how long the hybrid schedule will be in force.

Bialkowski: Stick with Our Committees

Bialkowski said his priority was to make sure committees comprised of city residents were treated with respect.

“My bigger concern is that when we appoint citizen committees we stay interactive with the committees and follow the committees through,” he said, citing past instances where committees worked hard and made progress before suddenly being disbanded by management.

As he did in the previous story on The Batavian, Canale explained that the committee did its job, and now the time had come for Tabelski and City Attorney George Van Nest to do theirs “for legal purposes and operational purposes.”

“(Former City Manager) Martin Moore would have had to do that same thing at some point and time … and that is what Rachael did in conjunction with George, the attorney. I explained that to Russ,” Canale said. “Unfortunately, it was Rachael Tabelski, a new player in the picture … and the appearance was she was making changes to the plan without notifying them.”

Canale said the committee will continue to be a “key player” in the city’s effort to thin the deer herd – charged with reporting back to Council with the plan’s progress – but Jankowski interjected that would be the case “at least in the beginning.”

“Eventually, we will need to take it over,” he said. “This can’t go on indefinitely.”

Nephew, responding today, said that the deer committee is designed to be a perpetual group, unlike other city committees.

“I told Jankowski that this is a committee that continually serves, year after year,” he said.

Areas 4 and 5 for City Employees Only

Tabelski said that she had set up the Thursday meeting with the committee to start implementation work.

“We are in a quiet period between legislative matters between one meeting to another – it’s a quiet period, nothing happens, and I think the committee, and maybe I didn’t communicate that well enough, but nothing happens right now,” she said. “This plan, Council looked at it in Conference, it’s coming to Business, we’ll move that forward and then will work on implementation.”

She said that there is only one change from the draft plan – the part about deer management areas 4 and 5, which are largely city property.

“… this plan would allow for city employees who qualify for the program to access the city-owned property only. So that is the only change, to be clear, in the actual plan document,” she said. “Originally, there was no intent of having anyone hunt on city property, so this is actually expanding the ability to hunt on that property.”

Jankowski said he communicated that to committee members on separate occasions.

“I talked to them tonight about it and they were OK with it. Like you said, it was a misunderstanding. I know they were warned in May or June about that but somehow ‘in one ear, out the other,’” he said. “They didn’t click on that and when it came down to the implementation and they read it, they said, 'Where did this come from?' ”

He said he hoped that things will get ironed out on Thursday at the meeting, which he plans to attend.

An Oversight or an Afterthought?

None of the deer committee members were at last night’s meeting, but all are expected to take part in Thursday’s meeting. But even that became a bone of contention as Nephew believes his group was invited as an afterthought.

“I found that there was going to be a meeting on August 13^th at 9 in the morning, so I called John Canale and also wanted to ask him if he heard that and if the attorney and Rachael were going to allow just city employees to hunt on areas 4 and 5,” Nephew said. “He said he didn’t know about that.”

Nephew said that Canale shared the email that he had received about the meeting on Thursday.

“He sent it to us and we weren’t included on the email; it was only Canale, Van Nest and Lisa Casey, their secretary. I emailed Lisa and she said your names were not on there. We will be sending an email to invite you,” he said.

“When somebody sends an email and it’s only two people, you would also say, "Let me know if you can make it.' I would think that you would send it to everyone and ask if they can make it. That’s the normal thing to do.”

Previous story: City proposes changes to deer management plan