Press release:

New York State has issued comprehensive guidance to help farms manage and mitigate the spread of COVID-19, and New York Farm Bureau is asking farms across the state to review the information and put it to practice.

The guidance follows a letter NYFB President David Fisher wrote to Governor Cuomo in April asking for this assistance.

Farms have implemented a number of health and safety practices to protect their families and employees, but still had lacked comprehensive protocols from state officials that are specific to the unique aspects of agriculture.

The new guidance includes information for farmworkers, detailed cleaning protocols and a checklist for farms to follow.

“Planting season is underway and guest workers are arriving on farms," said David Fisher, New York Farm Bureau president. "If we are to farm and produce food in a safe and responsible manner, farmers need to understand how best to do that amid a pandemic.

"I would like to thank Governor Cuomo as well as the Commissioners of Agriculture and Markets, Health and Labor for the newly released guidance. Farm safety is extremely important, and we must do all that we can to inform our farms, protect our valuable employees, and prevent a potential spread of the virus. No place of business is immune from the virus, and I ask my fellow farmers to continue to be proactive in their efforts."

NYFB has emailed the guidance to its members as well as published the information on the COVID-19 page of its website.

Since the pandemic began, the organization has worked with its partners across agriculture to provide members with the resources they need in these times. In addition, NYFB and Cornell Cooperative Extension have been conducting outreach to county health departments across the state to assess preparedness and quarantine housing options should an outbreak occur on a farm.

NYFB has also established a farmworker relief database to connect farms with potential temporary employees should they be needed.

Links to the NYS documents in English are below. NYFB expects NYS to release similar versions in Spanish in the near future.

• Prevention Tips for Farmworkers  
• Interim Guidance for Prevention and Response on Farms 
• COVID-19 Farm Checklist

Press release:

The Western New York COVID-19 Community Response Fund, announced that it has awarded nearly $1 million to an additional 47 nonprofit organizations, bringing the total grant amount from the Fund to $6.6 million, supporting a total of 156 nonprofit organizations.

This collaborative philanthropic effort was created in mid-March in response to the COVID-19 health crisis and has been coordinated by the Community Foundation for Greater Buffalo, Health Foundation for Western & Central New York, The John R. Oishei Foundation and the United Way of Buffalo & Erie County.

Grants were awarded to organizations serving all eight counties of Western New York that are addressing immediate needs in our community as a result of the COVID-19 crisis in the areas of food, housing, healthcare, childcare, mental health, transportation, and other emergency services.

This is expected to be the final phase of grantmaking to individual organizations from the WNY COVID-19 Community Response Fund. Additional funds raised will provide microgrants ranging from approximately $500 - $2,500 to grassroots organizations in all eight counties. Going forward, the collaborative effort is evolving into a “Build Back Better” initiative to support developing strategies focused on recovery efforts through collaborative systems work to address specific needs such as sourcing personal protective equipment for nonprofits and food security.

The following nonprofit organizations in Genesee County received a grant (amounts not specified) from the WNY COVID-19 Community Response Fund in May:

• Arc of Genesee Orleans
• Project Stork
• YWCA of Genesee County

“The sudden arrival of the COVID-19 crisis necessitated an immediate response to meet the significant need in the community with everyone working together on solutions," said Clotilde Perez-Bode Dedecker, president/CEO of Community Foundation for Greater Buffalo. "We are grateful that so many foundations, corporations, community leaders and individuals continue to generously contribute time and resources to support more than 156 organizations to date working on the frontlines at a time of great need."

Robert D. Gioia, president of The John R. Oishei Foundation added, “We are just at the beginning of this crisis and it will take a sustained, collaborative effort to continue to assess critical needs and find new, creative solutions to rebuild our community.”

"It’s clear that COVID-19 will have a long-term, serious impact on the people and communities of Western New York," said Nora OBrien-Suric, Ph.D., president of the Health Foundation for Western and Central New York. "We remain committed to supporting nonprofit organizations in our region as they work tirelessly to meet the evolving needs of the community."

"We are facing unprecedented need and are only just beginning to grapple with the effects caused by COVID-19," said Michael Weiner, president and CEO United Way of Buffalo & Erie County. "Extraordinary times call for an extraordinary response and we will continue to support our community and the nonprofits on the ground throughout this unprecedented crisis."

To date, the WNY COVID-19 Community Response Fund has raised approximately $7 million from 60 local foundations and private sector companies, more than 40 community leaders and approximately 1,900 individuals. To see a full list of contributors, or to join the effort, please visit www.WNYResponds.org.  

On April 8, the Fund announced its first round of grants totaling just over $4.5 million to 74 organizations and on April 29, the Fund announced grants totaling $1 million to an additional 35 organizations. To see the full list of grantees, visit www.WNYResponds.org.

Army Spc. Ryan Blackmon, assigned to the 642nd Aviation Support Battalion, discusses his job at the Javits Center in New York City in support of the Department of Defense COVID-19
response, May 18. He is a native of Le Roy. (Army video by Spc. Genesis Miranda.)

No traffic stop is routine. Cadets are taught that truism at every law enforcement academy in the nation. Field trainers drum it into their heads when rookies first hit the road.

A "routine" traffic stop of a white tractor-trailer on Main Street in Le Roy last night turned out to be a stark reminder for his officers that they always need to be prepared for the unexpected, Le Roy Chief Chris Hayward said this morning.

Hayward got to bed late last night, slept fitfully and said what kept running through his head were all the "what if" scenarios. He considered how things could have turned out much worse after a trucker decided to lead local law enforcement on a high-speed pursuit through three counties. The trucker was killed in an apparent shoot-out at a location near Geneseo in Livingston County.

No bystanders nor officers were injured or killed. That's a relief, Hayward said.

"It's one of those things that you try to convey to your officers, especially your young officers, that there is no such thing as a routine traffic stop," Hayward said. "I think this incident conveyed that effectively. I'm thankful nobody was hurt last night.

"I kept thinking of all the 'what ifs,' " he added. "What if he decided to open fire on our officers on West Main Street rather than in Livingston County? You think of all of those scenarios and you're thankful for all of the young folks involved. I thought of all those officers in this situation and they did a tremendous job, as did the dispatchers in both counties, keeping the information flow going in both counties. The dispatchers did a tremendous job."

The chase started when a Le Roy officer initiated a traffic stop of the truck for speeding on West Main Street. The driver stopped and the officer approached the driver's side, climbed up on the running board to talk to the driver. The driver refused to provide documentation or identification. At that point, the officer backed off and requested backup.

When a second officer arrived, they both approached the driver again. They spoke to the driver, each positioned on opposite sides of the cab. At one point, one officer stepped off. Then the driver rolled up his window and started to drive away. The other officer was able to jump off the running board of the moving truck and was not hurt.

A deputy was arriving on scene at that point and the trucker rammed the patrol vehicle.

The three patrol vehicles then gave chase westbound on Route 5.

A witness in Stafford told The Batavian the pursuit passed her house at a high rate of speed. A short time later, she called back to say the truck and seven patrol vehicles were then eastbound.

"It's wild, like something out of a movie," she said.

That was a description others shared, Hayward said this morning.

There was nothing suspicious about the driver or the vehicle that popped up when officers ran -- as is routine on traffic stops --  the truck's plates, the chief said. He didn't have information at hand on where the truck was registered. 

"We had nothing to explain at that time why the operator was doing what he was doing," Hayward said. 

Officers were positioned at locations on Route 5 to set up possible spike strips, and at one point the trucker rammed a Le Roy patrol vehicle participating in that operation. The vehicle sustained significant damage but the officer was not hurt.

Sheriff Bill Sheron said he hadn't yet spoken with the officers involved this morning, so it wasn't clear to him how the trucker managed to execute a U-turn on Route 5.

"I think they were quite amazed, too, that he was able to maneuver the vehicle the way he did," Sheron said.

The trucker led officers back into the Village of Le Roy where he made a right-hand turn on Route 19, going southbound into Wyoming County, where Wyoming deputies joined the pursuit. The trucker continued to Route 63 into Livingston County.

He then reportedly stopped and began shooting at law enforcement officers.

Genesee County deputies were involved in exchanging gunfire with the driver, Sheron said.

One bullet from the driver went through a window of deputy's patrol vehicle, Sheron said, narrowly missing the head of the officer. Sheron declined to name the officer involved at this time.

"God must have been watching over us last night because it could have ended up much worse than it did," Sheron said. "That one vehicle took a round through the windshield and you can't get much closer. Thank God for every day."

Top Photo: The truck involved from this morning. All photos courtesy our news partner 13WHAM.

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The Batavia Development Corporation has selected five new projects in the downtown area for New York Main Street grants through the state’s Homes and Community Renewal agency.

BDC Executive Director Andrew Maguire reported at a board of directors Zoom meeting this morning that award letters have been mailed to five applicants who are looking to rehabilitate buildings within the Downtown Revitalization Initiative/Business Improvement District.

“The total amount of the grants for the five projects is $277,500, and I think all of these awards will be accepted,” Maguire said, adding that he will inform the board of the specifics of the applications prior to its June meeting.

Maguire said three of the projects are residential conversions and “encompassed in those five applications are 10 commercial units.” He said grant amounts vary depending upon the type and extent of the work involved.

The NYMS grant program provides funds to units of local government, and not-for-profit organizations for the revitalization of historic downtowns, mixed-use neighborhood commercial districts, and village centers. Targeted commercial/residential improvements include façade renovations, interior commercial and residential building upgrades, and streetscape enhancements.

Entrepreneurs who accept the grants pay for expenses up front and are reimbursed according to parameters set by NYMS administrators.

In another development, Maguire said that two projects that previously received DRI building improvement funds have reached the construction phase.

Owners of buildings at 99 Main St., (Neppalli Holdings LLC) and at 242 Ellicott St., (Vance Gap LLC) are at a point where they can “start moving forward” on construction, Maguire said.

A grant of $137,600 was awarded to 99 Main St., with the description as follows: first-floor dental practices, second-floor open concept commercial, third-floor high-end market-rate residential, plus façade work. The total project estimated cost is $600,000.

A grant of $27,200 was awarded to 242 Ellicott St., with the description as follows: exterior repair to masonry, fixed fabric awning, windows and fiber cement panel and trim knee wall. Second floor full rehabilitation (residential), common area improvements, windows, lights. The total project estimated cost is $68,000.

In other action, the board:

-- Voted to amend the corporation’s agreement with the City of Batavia to split the City’s $110,000 annual contribution to the agency into two equal payments – one to be made in the first quarter of the fiscal year and the other to be made in the third quarter of the fiscal year -- instead of the full payment at one time.

The City also provides office space, office equipment, and payroll/accounting services to the BDC free of charge.

-- Tabled an amendment to the corporation’s bylaws to increase the number of voting members. When the measure is passed, it would enable former BDC President Pier Cipollone to rejoin the board as a voting member.

-- Heard from City Manager Martin Moore that the developer of the mixed-use Ellicott Station project (the former Soccio & Della Penna site) has been working with the City’s code enforcement department, “walking through approvals” and understanding that to “consummate the lot split, the garage (on the property) has to be gone.”

Batavia City Council members have previously publicly expressed their frustration over the lack of activity at the vacant parcel, which constitutes a significant part of the City’s $10 million DRI award from the state.

Press release:

The Genesee County Agricultural Society Inc. announced today that the Genesee County Fair, which was scheduled for July 25 through Aug. 1, will now be postponed until July 24-31, 2021.

It is with heavy hearts that the Ag Society Board of Directors had to make this call. The Board volunteers have been moving forward with plans to hold the fair in 2020, but with announcements by the New York Governor this month, it seems that the Fair would not be able to operate until the last phase of the New York State reopening.

Many factors were taken into consideration when making this decision, as it was not entered into lightly. Additional safety requirements, as we are seeing now in Phase One, would mean the preparation of buildings to safely move people in and out, as well as limiting the number of people on the grounds, all while trying to maintain the current six-foot social distancing rules.

"Our board is discussing the possibilities of having smaller events throughout the summer to try and support our Youth and agricultural community,” said Amanda Gallo, president of the Genesee County Ag Society.

“We are looking to New York State for guidance on Phase Four reopenings and once we have those guidelines, we can better prepare for our grounds to reopen for these events. But, in the meantime, our volunteers are working hard to put together a great Fair for July 24-31, 2021!"

Keep up to date with Fairgounds events by following the Fair here.

The Genesee County Agricultural Society Inc. is made up of volunteers who reside in Genesee County and are the organizers of the Genesee County Fair. They are the owners and operators of the Genesee County Fairgrounds on Route 5 in Batavia.

----------

Earlier today, The Batavian was first to report the cancellation of the Wyoming County Fair in Pike and that a decision was about to be made regarding the Genesee County Fair. Click here to read that report.

A white tractor-trailer was reportedly speeding westbound on Route 5 through Stafford, pursued by Genesee County Sheriff's deputies, when it managed to turn around and head eastbound on Route 5.

Batavia Police Department set up a perimeter on Route 5.

The big rig proceeded to Le Roy, where it turned onto Route 19 southbound.

Wyoming County Sheriff's deputies pursued the vehicle, which is now in Livingston County and being pursued by authorities there.

UPDATE 9:48 p.m.: A reader shared this emergency alert out of Livingston County:

"Law enforcement is currently in pursuit of a tractor-trailer on I-390 southbound from Geneseo. He is trying to ram traffic. Get off the highway at this time."

UPDATE 11:55 p.m.: The chase ended in Livingston County with the driver reportedly being shot by police, according to our news partner, 13WHAM. The chase started in Le Roy following a traffic stop for speeding. The driver reportedly fled with a Le Roy Police officer still on the running board of the vehicle. The truck struck several vehicles, including law enforcement vehicles, during the pursuit. There's no ID on the driver yet released nor have police disclosed any possible motive for the driver to flee.

Thirty-nine Genesee County businesses have prepared New York State-mandated reopening plans that address physical distancing, protective equipment, cleaning, communication and screening as they look to move into Phase Two on Friday.

County Manager Jay Gsell said at tonight’s Genesee County Legislature meeting that those businesses have “attested to having their reopening plans in place.”

“They don’t submit them anywhere, but they’ve attested to the fact that they’ve done that and that list is maintained and updated every day (by state officials),” he said.

Gsell said he expects to see a detailed listing of the business categories permitted to open in Phase Two -- professional services, retail, administrative support, real estate and rental and leasing – and also hopes that the next phase will include some parts of county government.

“There will be some guidances coming along … in the next 12 to 24 to 48 hours,” he said. “It’s not something that anyone can answer at this point.”

Legislature Chair Rochelle Stein, who serves in the Finger Lakes Region “control room” with Gsell and officials from other counties, said that as of Monday, campgrounds and tent camping were able to open.

She also reported that the Finger Lakes Region is on track for the Phase Two opening in two days, and that she will be seeking more information about the open meeting executive order that expires tomorrow.

Gsell also advised that a bilingual (English/Spanish) list of all the food pantries in Genesee County is being put together and that a Foodlink food pantry is scheduled for next Wednesday at Northgate Free Methodist Church on Bank Street Road.

He said fresh produce and meat will be included in the food distributed to those who are part of what he believes will be a long line of vehicles.

In other action, the legislature recognized the county’s Emergency Management Services on National EMS Week (May 17-23) with a proclamation read by Legislator John Deleo.

EMS Coordinator Timothy Yaeger said he “truly appreciates” the recognition on behalf of the dedicated, hard-working volunteer fire and EMS departments in Genesee County – Mercy EMS, Mercy Flight, City of Batavia, Le Roy Ambulance and Darien Ambulance.

The Wyoming County Fair in Pike and several other fairs in neighboring counties have been cancelled due to the COVID-19 pandemic while the status of the Genesee County Fair in Batavia could be determined in the next day or so.

Currently, the Genesee County Fair, scheduled for July 25 through Aug. 1, is still on, according to Agricultural Society President Amanda Gallo.

“No decision has been made at this time, but there is a District 8 (Zoom) meeting this evening that I will be taking part in,” Gallo said.

The meeting will include representatives of the seven-county District 8 of the New York State Association of Agricultural Fairs.

Per the Genesee County Fair website, fair personnel have been monitoring the COVID-19 situation very closely and working with health and state officials concerning the status of the fair.

Jerry Davis, chair of the Wyoming County Board of Supervisors, confirmed that the Pike Fair that was slated for Aug. 15-22 has been cancelled for this year.

Echoing feelings of Genesee County government officials, Davis said he is “holding out hope that we’ll be able to move into Phase Two” of the state’s reopening plan on Friday.

Genesee County's unemployment rate jumped to 14.4 percent in April, the highest rate since the Great Recession, when 10 percent of county residents were without jobs in January and February of 2010.

The highest unemployment rate for the county since 1990 (the oldest data publicly available) was 10.8 percent in January 1992.

The unemployment rate a year ago for April was 3.7 percent. In March of this year, it was 4.9 percent, as it was in February, and it was 5.1 percent in January.

The unemployment rate in the state is 15 percent.

It's 19.2 percent in the Buffalo area and 14.9 percent in the Rochester area.

There are 4,300 people in Genesee County counted as unemployed and 25,200 county residents with jobs.

Press release:

The State University of New York and the NYS Office of Mental Health today (May 27) announced the launch of a crisis text line and training initiative, two resources designed to help promote mental health awareness, ease stress and anxiety, and identify and support individuals at risk of suicide.

SUNY advanced its promotion of the resources in order to assist students, faculty, and staff as they confront the COVID-19 pandemic, including SUNY Genesee Community College.

“Slowing the spread of COVID-19 has called for a series of sudden shifts to how we live, work, study, and interact,” said SUNY Chancellor Kristina M. Johnson. “Though this transition is necessary to keep people safe, there may be an unintended, psychological impact of these changes on many of our students, faculty, and staff. We thank the New York State Office of Mental Health for their partnership in providing these resources to our SUNY family.”

“We are very pleased to provide financial support to our partners at SUNY to raise awareness of the programs and resources available to help students who are feeling anxious, depressed or overwhelmed," OMH Commissioner Dr. Ann Sullivan said.

"This is particularly important now as we continue to fight the COVID-19 pandemic and address the many disruptions it has caused. We understand how difficult this can be, and we want you to know that help is available.”

Information about these resources is available at SUNY’s new mental health resource page found here. The first is a Crisis Text Line for students, faculty, and staff who are dealing with emotional challenges. Members of the SUNY community can access the confidential text line 24/7 by texting Got5U to 741-741 for help.

The text line can be used to help alleviate depression, anxiety, stress, and suicidal thoughts. It also provides a way for people to talk about substance use, relationship issues, domestic violence, and school stressors, as well stress and anxiety related to the COVID-19 pandemic.

The second resource is online Question, Persuade, Refer (QPR) training, designed to teach participants how to recognize someone who may be in emotional distress or having suicidal thoughts, and how to appropriately engage and connect that person to resources that can help. Anyone can practice QPR in any setting, and it is appropriate in all relationships.

QPR does not require clinical training, only a willingness to listen, care, and help. Members of the SUNY community may register here and entering “SUNY” as the organizational code.

QPR and the Crisis Text Line are just two ways that SUNY is working to address the mental health impacts of the pandemic among its 64 campuses. All campus counseling centers remain open, and online education experts have been available virtually to alleviate concerns about the transition to online learning.

All 64 SUNY campuses will be receiving marketing materials to promote the availability of QPR and Crisis Text Line services.

Both services are components of a partnership between SUNY and OMH, thanks to $3.68 million from the Garrett Lee Smith Grant that OMH received last year. OMH designated SUNY as one of the partnering institutions of a multi-year sub-award. The grant comes from the Substance Abuse and Mental Health Services Administration, and is awarded to states and tribal nations for comprehensive youth suicide prevention efforts.

Garrett Lee Smith was the son of former U.S. Senator Gordon Smith of Oregon. The younger Smith died by suicide in 2003, shortly before he turned 22. A year later, President George W. Bush signed the Garrett Lee Smith Memorial Act and allocated $82 million to seed grants for suicide prevention.

Suicide is the second leading cause of death among 15- to 34-year olds. For some people, the college years may be especially difficult. The onset of psychiatric conditions may coincide with new experiences at college that are often stressful, even distressing.

Even before the coronavirus pandemic, some studies found increases in depression, anxiety, and suicidality among college students.

In addition to QPR training and the Crisis Text Line, SUNY plans to use the grant to do outreach to college students who may be at risk of suicide; build a repository of mental health resources across the system; and implement and develop a best practices guide for responding to the occurrence of a suicide death.

About the State University of New York

It is the largest comprehensive system of higher education in the United States, and more than 95 percent of all New Yorkers live within 30 miles of any one of SUNY’s 64 colleges and universities.

Across the system, SUNY has four academic health centers, five hospitals, four medical schools, two dental schools, the state’s only college of optometry, and manages one US Department of Energy National Laboratory. As of Fall 2019, more than 415,500 students were enrolled in a degree-granting program at a SUNY campus.

In total, SUNY serves about 1.3 million students in credit-bearing courses and programs, continuing education, and community outreach programs. SUNY oversees nearly a quarter of academic research in New York. Research expenditures system-wide exceeded $1.7 billion in fiscal year 2019, including significant contributions from students and faculty.

There are three million SUNY alumni worldwide, and one in three New Yorkers with a college degree is a SUNY alum. To learn more about how SUNY creates opportunity, visit www.suny.edu, and for more information about additional COVID-19 fundraising efforts, visit #SUNYTogether.

About the New York State Office of Mental Health

The New York State Office of Mental Health promotes the mental health of all New Yorkers, with a particular focus on providing hope and recovery for adults with serious mental illness and children with serious emotional disturbances.

OMH oversees a large, multifaceted mental health system that serves more than 700,000 individuals each year. The agency operates psychiatric centers across the State and also regulates, certifies and oversees more than 4,500 programs, operated by local governments and nonprofit agencies.

Press release:

• As of 2 p.m.
  • Genesee County received two new positive cases of COVID-19, for a total of 183 positive cases.
    • The positive cases reside in Batavia and Darien.
    • One of the positive individuals is less than 20 and one is in their 30s.
    • One of the positive cases was not on mandatory quarantine prior to becoming symptomatic.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • Two of the total active positive cases are hospitalized.
  • Orleans County received one new positive case of COVID-19, for a total of 209 positive cases.
    • One of the new positive individuals resides in Carlton.
    • Of the new positive case the individual is in their 70s.
    • None of the new positive cases were on mandatory quarantine prior to testing positive.
    • Twenty of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Commonly Asked Workers’ Compensation Questions:

Press release from AAA:

After dropping to a low of $1.76 in April, the national gas price average is pennies away from hitting the $2/gallon mark. Today’s average is $1.96, which is 8 cents higher than a week ago, 19 cents more than last month, but still a significant 87 cents cheaper than the end of May 2019.

The more expensive pump prices can be attributed to fluctuations in crude and demand.

In the past week, crude oil hit its highest price point – nearly $34 per barrel – since the Administration declared the COVID-19 outbreak a national emergency and many states started implementing stay-at-home restrictions. While demand has been increasing since the end of April, it is down 28 percent compared to the first three weeks of May last year. 

“Americans have seen significantly cheaper-than-normal gas prices the past two months," said Elizabeth Carey, AAA spokesperson. "However, those low prices – as well as crude oil prices – have been inching upward.

"While motorists will see pump prices continue to increase, AAA does not expect the summer average to be as expensive as last year’s season.”

One factor that could cause a sudden spike in gas prices is the Atlantic hurricane season, which is June 1 through Nov. 30.

The National Oceanic and Atmospheric Administration predicts the 2020 season will be above-normal, potentially resulting in 13-19 named storms. An average Atlantic hurricane season typically produces 12 named storms, including three major hurricanes.

Here's a look at today’s average prices:

• Batavia -- $2.21 (up 1 cent since last week)*
• Buffalo -- $2.21 (up 2 cents since last week)
• Ithaca -- $2.12 (down 1 cent since last week)
• Rochester -- $2.20 (up 1 cent since last week)
• Rome -- $2.18 (up 6 cents since last week)
• Syracuse -- $2.08 (up 2 cents since last week)
• Watertown -- $2.18 (up 4 cents since last week)

From GasBuddy:

"Average gasoline prices across the United States continue to recover as more motorists take back to the roads as states relax previous shelter-in-place orders and begin filling their tanks, driving demand to continue rising," said Patrick DeHaan, head of petroleum analysis at GasBuddy.

"Since demand is a major ingredient in what drives gasoline prices and demand is likely to continue to rebound, it is also pushing the price of both crude oil and gas prices higher.

Unfortunately, thus far, refiners have started to input more crude oil into their refineries, but there has been some lag as refiners remain cautious on flooding the market with unwanted products.

As long as COVID-19 cases continue to drop over time and provinces reopen, I suspect it is only a matter of time before average price hits the $2 per gallon mark again, which could happen as early as this week."

*NOTE: Batavia's price is an average of gas stations throughout the Batavia micropolitan area (aka, Genesee County).

Two teenagers from Pembroke are in critical but stable condition at Erie County Medical Center following an accident on West Main Street Road, Batavia, last night.

A 2013 Chevy Impala driven by Daniel P. Sonnefeld, 19, was leaving Dave's Ice Cream at 9:15 when it apparently attempted to make a left turn, pulling in front of a 2020 Freightliner semi-truck that was eastbound on Route 5.

The tractor-trailer struck the driver's side of the Impala, sending the vehicle to the north shoulder of the roadway where it came to rest. 

Sonnefeld was transported by Mercy EMS to ECMC for serious injuries.

A second occupant, Gabriel Johnston, 18, was transported to ECMC by Mercy Flight with serious injuries.

Phouthason S. Kittisack, 18, of Batavia, also a passenger in the sedan, sustained minor injuries and was released at the scene.

The Freightliner was driven by Rondal J. Crosby, 45, of Buffalo. He was not injured.

The accident is being investigated by the Sheriff's Office, including the Crash Management Team. Assisting at the scene were Town of Batavia fire, East Pembroke fire, Oakfield fire, Batavia PD, Mercy EMS, and State Police.

(Initial Report)

Batavia City Council tonight took a step toward changing the municipality’s fund balance policy to give it more muscle and flexibility in dealing with financially stressful circumstances.

Council members agreed to forward a resolution to their June 8 Business Meeting that increases the unassigned fund balance level from 10 percent to a range of 15 to 25 percent of the City’s general fund operating expenditures.

Tonight’s meeting was conducted via Zoom videoconferencing; the June 8 meeting is scheduled to return to the City Hall Council boardroom.

Deputy Director of Finance Lisa Neary, in a memo dated May 18 to City Manager Martin Moore, wrote that she is recommending the revision “in consideration of the current economic situation the City is facing and, in an effort, to create a healthier financial outlook.”

The proposal triggered a 24-minute discussion that touched upon fund balances and reserves as well as restrictions that come with the different types of accounts.

MOORE: TIME HAS COME TO MAKE A CHANGE

“Last August, when we had our financial report we were at approximately 11.3 percent,” Moore said. “Well, we think that it’s time, particularly because of the challenges we’re facing and the impact on the unassigned fund balance, that we need to have an additional amount of unassigned in there to be able to face significant situations.”

Moore said the change is being requested to give the City a lower target to shoot for at 15 percent in unassigned funds but also to have a goal of up to 25 percent in case revenues dried up for several months or if the City faced a “significant challenge” such as a large health insurance claim.

In effect, the move could buy the City some time, with Moore stating that the 10-percent level equates to about five weeks’ worth of unassigned fund balance and that 25 percent moves the bar to three full months.

Neary said the fund balance policy “needs to be a policy that meets our best interests.”

“It seems as though coming into this COVID issue, that 10 percent really doesn’t suit our purposes," she said. "That’s not to say that we’re going to get to 15 or 25 (percent) overnight. We’re going to need a number of good years in order to hit those kind of percentages. But we need at least a policy to do that."

JANKOWSKI: GIVES US A CUSHION

Council President Eugene Jankowski said he thought it was a reasonable request, adding that bumping up the percentage would give the City a cushion if the “market drops or something wild happens like this experience.”

Jankowski mentioned that Council previously budgeted to put money into reserves, but, in light of what has transpired with the coronavirus, it would act differently now.

“Maybe we didn’t want to put that money into reserves because we needed it for everyday operating expenses,” he said. “There really is no mechanism for us to pull money out of reserve and say, ‘never mind we’re going to not use it for reserve, we’re going to put it over here.’ The reserves are reserves because they’re protected; they’re locked (for specific purposes) for a reason.”

Moore said that a conversation is taking place with local and state leaders about reserve fund options and that he plans to reach out to Assemblyman Steve Hawley and Sen. Michael Ranzenhofer “to allow us to deal with operating expenses and give us a reasonable time to be able to repay the reserve.”

VAN NEST: RESTRICTIONS ABOUND

City Attorney George Van Nest said the problem with reserve funds under Article 6 of the General Municipal Law is that each type of reserve fund is very restrictive as to what it can be used for, and if there’s any leftover balance as to how that can be used.

“When you get into a financial situation like this, you just don’t have the statutory flexibility that you’d hope for or want to be able to access some of those funds …,” he said.

Van Nest then mentioned a bill in the State Assembly (A10492) relating to bond anticipation notes issued from 2015 to 2021 that authorizes the expenditure and temporary transfer of reserve funds for expenses related to COVID-19, and gives an extension of repayment of interfund advances made for expenses related to COVID-19.

“This legislation is something that NYCOM (New York Conference of Mayors) has obviously been supporting on behalf of municipal members and something that they are tracking very closely,” he said.

Council Member John Canale asked Van Nest if the board would be able to “borrow our own money … and then pay that fund back?”

Van Nest said that a capital reserve fund could only be used for capital expenditures and that a transfer from any type of reserve could be used for COVID-related issues as long as it is repaid, with interest, within a five-year period.

Jankowski said he puts a lot of stock in reserve funding for specific projects, but it’s not a priority at the moment.

“If we would have known in January when we were doing our budget that we were going to take a hit, I don’t think any of us would have put any money into reserves,” he said. “We would have said let’s hold off in reserves this year and keep the money in our fund balance or in our fund, not in reserves, in the event we go short somewhere, then we have the money.”

NEARY: RESCINDING MAY BE AN OPTION

Neary said that she believes that Council has the power to rescind a prior authorization to fund reserves in the 2020-21 budget, leading Van Nest to say that he would look into such a measure.

Canale wrapped things up by saying he wanted to know “for a fact what our options would be.”

“It’s about being prepared for the worst,” he said. “And I think at this point we really need to. I’m doing it on a personal level as well. I’m preparing for the worst and making sure that I have funds available if I need to during a second wave of this thing.”

In other action, Council approved a resolution amending the City’s investment policy to add BankonBuffalo (formerly Bank of Akron) as a designated depository. The resolution was immediately forwarded from the Conference Meeting to a Special Business Meeting set up tonight exclusively for this item.

In explaining the reasoning for the move, Moore said that the City has a chance to get a “more favorable” interest rate of around .75 percent from BankonBuffalo by investing liquid funds that aren’t immediately needed but could be accessed if necessary.

City Clerk Heidi Parker said the resolution was expedited to get BankonBuffalo “in there so we can move quickly in investing this money.”

Future policy changes would allow investments to be made without having to wait “for a Council meeting to come up in case it is a bank that is not listed as one of our designated depositories,” she said.

Jankowski said he had no problem with the resolution, but asked for additional modifications in the wording of the policy that included “some kind of checks and balances” to make sure that more than one person is involved in the process.

He suggested that Parker, Moore, Neary and Assistant Manager Rachael Tabelski all have a say in these types of investments and the financial institutions to be utilized.

Also, as previously reported on The Batavian, Council moved to the June 8 meeting a resolution that spells out a $554,112 grant the City received from the NYS Department of Health’s Lead Service Line Replacement Plan.

The grant will enable City crews to replace up to 75 lead service lines on Swan, Hutchins and Otis streets on the City’s Southside.

DPW Director Matt Worth said the grant requires no match from the City and the only cost a homeowner would incur is if crews were unable to make a connection from the curb shut-off into the house likely due to a deteriorating pipeline.

(Click here to see the previous story.)

Another resolution forwarded to the June 8 meeting was a motion to obtain a firm to provide administration/engineering services for a $750,000 Downtown Revitalization Initiative project to improve Jackson Square.

Worth said the deadline for firms to respond to the City’s request for quotation is Wednesday.

He also reported that the City Centre mall roof replacement project is about 35 to 40 percent complete and he expects it to be done within 30 days.

“Hopefully, the buckets will be gone by the end of June,” Jankowski quipped.

A serious injury accident is reported in front of Dave's Ice Cream on West Main Street Road in Batavia. Two Mercy flights are called to the scene; one has a 30-minute ETA. Town of Batavia Fire Department is responding along with Mercy medics. East Pembroke is called for traffic control. 

Eastbound Route 5 is to be shut down at Kelsey Road.

UPDATE 9:30 p.m.: East Pembroke Fire Department is also responding.

UPDATE 9:31 p.m.: Both patients are extricated. Mercy Flights are to land east of the scene. East Pembroke is on scene.

UPDATE 9:38 p.m.: Mercy Flight Central with a 15- to 20-minute ETA is cancelled. The patient will be transported to a hospital via ground ambulance.

UPDATE 10:50 p.m. (By Howard): A sedan occupied by three teenage males was exiting the parking lot at Dave's Ice Cream when it was struck in the side by a semi-truck. All three occupants are considered in critical condition though the injuries are not necessarily life-threatening. Crash Management is conducting an investigation as a precaution. The investigation is ongoing.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 181 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 50s.
    • The positive case was not on mandatory quarantine prior to becoming symptomatic.
    • Four of the previous positive cases have recovered and have been released from mandatory isolation.
    • Two of the total active positive cases are hospitalized.
  • Orleans County received five new positive cases of COVID-19, for a total of 208 positive cases.
    • One of the new positive individuals resides in Ridgeway, one of the positive individuals resides in Yates, one of the positive individuals resides in Shelby and one of the positive individuals resides in Albion.
    • One of the new positive cases is a resident of Orchard Rehabilitation & Nursing Center
    • Of the new positive cases one individual is in their 20s, one of the individuals is in their 30s, one of the individuals is in their 40s, one of the individuals is in their 60s and one of the individuals is in their 80s.
    • None of the new positive cases were on mandatory quarantine prior to testing positive.
    • Eleven of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Twenty of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We are truly saddened to receive word that 2 of our residents have died related to COVID-19. Both of the residents lived at Orchard Rehabilitation & Nursing Center. Our deepest condolences go to the family and friends of each of these individuals during this very difficult time.