As the weather warms, several local restaurant owners, who have been operating under coronavirus lockdown conditions for two months, are looking to outdoor -- al fresco -- dining as a way to attract more customers while maintaining social distancing.

City Manager Martin Moore said he's interested in exploring the idea further. Currently, restaurants won't be able to reopen under the governor's plan for the post-lockdown economy until Phase Three. Moore said he would like to explore giving restaurants a way to serve more diners, besides curbside and delivery.

Several restaurants in Batavia -- Roman's, T.F. Brown's, Islands Hawaiian Grill, O'Lacy's Irish Pub, Center Street Smoke House, for example -- have patios. Settler's has a patio-like space in front of the restaurant and owner John Spyropoulous would like to put it to use. Main St. Pizza Co. has in the past offered seats and tables on the sidewalk and that might be an option for other locations, but with social distancing requirements, restaurants might be looking for more space.

That could mean adjoining or nearby city-owned parking lots or Jackson Square.

Moore said he would have to check with code enforcement about using city property for restaurant use.

Derek Geib, owner of Roman's, Bourbon and Burger Co., and The Coffee Press, is eager to offer outdoor dining. Roman's has an open patio and a patio with retractable windows. While Bourbon and Burger and The Coffee Press don't have patios -- though they can offer sidewalk dining -- both have easy access to Jackson Square. So do Eli Fish, Center Street and the newly opened Gilliana's, but Geib thinks all restaurants that want to participate should have access to diners in Jackson Square.

Matt Gray, the owner of Eli Fish, is also eager to see Jackson Square opened up to diners, with tables spaced at least six feet apart, of course. Gray also owns Alex's Place and he said if there was customer interest, he would explore creating a dining area in the restaurant's parking lot.

The rub for most restaurant owners, however, is the ability to serve alcohol, especially on city property. The would require both the state and the city to make allowances for alcohol service but the state did recognize the importance of alcohol sales to restaurants at the start of the lockdown. Restaurants are allowed to sell alcohol during the lockdown during curbside pickup and delivery.

Moore said if the state would allow it and there is no local law that prohibits it, he is open alcohol sales in Jackson Square or in a designated space in a city-owned parking lot.

“If they give us some kind of ability for our restaurants to have more customers, we’re definitely going to explore every angle to try and make that reality," Moore said.

On a statewide basis, the New York Restaurant Association is supporting outdoor dining and today issued this statement:

“As parts of the state have begun the reopening process and other regions are progressing towards that goal, the New York State Restaurant Association is urging the state to allow restaurants to reopen for outdoor dining during phase two. Just this week, outdoor dining was included in phase one in Connecticut’s reopening.

Additionally, we are formally asking for expanded outdoor dining capabilities, an emphasis on social distancing requirements over capacity limits, and allowing continued sales of alcohol to-go. Just about every restaurant in the state is teetering on the edge of financial hardship, and we need to do everything possible to keep them afloat.

“To do our part, NYSRA, our members, and all restaurants in the state will continue to follow stringent sanitation practices to ensure the safety of our patrons and staff. That’s the promise that we’re making to our guests, who we can’t wait to serve again.”

Press release:

U.S. Attorney James P. Kennedy, Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, who was convicted of enticing a minor to travel to engage in criminal sexual activity, was sentenced to serve 84 months in prison (7 years) and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci Jr.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with the victim, a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the victim from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The sentencing is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. 

Previously: Batavia man pleads guilty to rape in Amber Alert case

City of Batavia Fire Department Outdoor Cooking and Open Burning Fire Safety Tips

In recognition of the summer outdoor cooking season, Fire Chief Stefano Napolitano would like to remind residents of several outdoor cooking and open burning fire safety tips.

Now that warmer weather is upon us, Chief Stefano Napolitano of the City of Batavia Fire Department would like to remind residents about the dangers associated with outdoor cooking and recreational fire requirements within the City of Batavia.

As always, if a resident has any questions or concerns regarding any of this information, they can contact the City of Batavia Fire Department Headquarters at (585) 345-6375.

According to National Statistics:

• Grill fires cause an estimated $37 million dollars in property loss each year.
• Almost half of home grill fires occur between the hours of 5 and 8 p.m.
• 57 percent of home grill fires occur during the months of May, June, July and August.
• Patios, terraces, porches and courtyards are the leading home locations for grill fires.
• 79 percent of all home grill fires involve gas grills.
• Mechanical failure/malfunctions is the leading cause of gas grill fires while grease buildup is the second leading cause.

Grills must be used outdoors. The location of a grill should be at the ground level on a smooth and level surface and not be operated on balconies, decks or porches. The use of grills indoors or in any enclosed spaces such as tents, garages, etc. pose both a fire hazard and risk of exposure to toxic gases and potential asphyxiation.

Also, position the grill 15 feet away from siding, deck railing, other combustibles, and out from eaves or overhanging vegetation.

The grill should be located a safe distance from lawn games, play areas and foot traffic.

Keep children and pets away from the grill area -- declare a 3-foot "safe zone" around the grill. Periodically remove grease or fat buildup in trays below the grill so it cannot be ignited by heat and never leave the grill unattended.

Charcoal Grills

Additionally, Napolitano recommends these additional charcoal and liquid propane (LP) safety tips:

Before disposing of charcoal ashes, allow them to cool thoroughly. Keep them either in the grill or in a metal container until cool, then stir the ashes before disposal to make sure they are completely out.

Liquid Propane (LP) Gas Grills

Inspect the gas cylinder hose and connections for leaks before using the grill for the first time each year.

Apply a light soap and water solution to the hose and all connections; any leaks will be quickly revealed in the form of bubbles.

• Only use approved charcoal lighter fluid for starting the grill.
• Never use gasoline or flammable liquids to light charcoal.
• Do not add lighter fluid to coals that have already been ignited.
• Keep unused charcoal dry. Wet charcoal becomes a fire hazard as it dries out through the process of spontaneous combustion.
• If you discover a leak either by smell or by the soap test and there is no flame, turn off the gas tank valve and the grill. If the leak stops, have the grill serviced by a professional before using it again. If the leak does not stop, call the fire department.

• Be sure to open the lid of your gas grill before lighting.

• If you smell gas while cooking or see any fire outside the grill box, immediately get away from the grill and call the fire department. DO NOT attempt to move the grill.

Furthermore, the Batavia Municipal Code allows for recreational fires within the City.

The requirements for a recreational fire are as follows:

Exceptions:

• A recreational fire shall not be conducted within 25 feet of any building, structure or combustible material unless the fire is contained in a barbecue pit or outdoor fireplace. Furthermore, only “clean” wood may be used for fuel in a recreational fire.
• A cooking fire shall be contained in a cooking device designed for cooking and fueled by natural gas, liquefied petroleum gas or commercial charcoal briquettes.
• A recreational fire contained in a container, designed for burning combustibles, positioned on a combustible surface and that is not less than 15 feet from a building or structure.
• A cooking fire in a container, designed as a barbecue pit, positioned on a noncombustible surface and that is not less than 15 feet from a building or structure.

• A recreational fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfort and enjoyment of life or property due to smoke or odor emission shall be prohibited

• The Fire Chief or Chief of Police or his or her designee is authorized to order the extinguishment of a recreational fire which creates or adds to a hazardous, offensive or objectionable condition.

• Lastly, as we enjoy the warmer weather, it is recommended to practice social distancing whenever possible and the use of a face covering for any situations that requires one to be closer than six feet apart.

A Batavia Country Club today, Dave Barone, an avid golfer for nearly 60 years, sank his first hole-in-one.

The perfect shot came on the 178-yard 17th hole. Barone was swinging a 4 hybrid.

He finished the round at 79 strokes.  

In his foursome were Rod Allen, Johnny Lowe, and Doug Cecere.

Photo and info submitted by Doug Cecere.

City of Batavia State of Emergency Proclamation

A State of Emergency is hereby declared in the City of Batavia, New York for a period of time beginning at 4:30 p.m. on May 20, 2020 and continuing in effect until 4:30 p.m. on June 8, 2020.

This State of Emergency has been declared due to emergency conditions produced by: the continuing Nationally declared state of emergency, the New York State declared state of emergency, the County of Genesee declared state of emergency, and the anticipated arrival of the COVID-19 New Coronavirus in the City of Batavia. Such conditions threaten or imperil the public health or safety of the citizens of this municipality.

As Chief Executive of this municipality, I have exercised the authority given to me under New York State Executive Law, Article 2-B, to preserve the public safety and hereby render all required and available assistance vital to the security, well-being and health of the citizens of the City.

I hereby direct all City Departments to take those steps necessary to protect life and property, public health and infrastructure and other such emergency assistance as deemed necessary. In addition, I direct the following specific actions.

1. All City offices are closed to the public, except that the office of inspection and code enforcement will be open to the public beginning May 26, 2020, in accordance with the New York Pause Phase1 Reopening. The City will conduct business with the public remotely through the use of phones, computers, mail, or other means. These offices are otherwise closed to the public, unless a situation requires interaction with a member of the public as determined by the respective City Department on a case by case basis. The drop box for the payment of bills is still available at the front of City Hall.

2. City Council meetings will be closed to the public until further notice. Provision will be made for the public to observe or listen to City Council meetings.

3. All other regularly scheduled Board, Committee, Task Force, or other official City of Batavia meetings are closed to the public, and shall be either conducted by electronic means (phone, video conferencing, etc.) or cancelled.

4. City Parks remain open to public use provided that the State of New York declared restrictions on congregating are followed. However, all rental or reservation uses of city owned facilities are suspended until further notice. This includes parks, sports complexes, buildings, roadways, or public walkways. If any actions outline in this Declaration contradict any order issued by the State of New York then the State order shall control.

Martin D. Moore, Ph.D.,

Manager, City of Batavia

“I am psyched!”

In typical Wade Bianco style, this was the Notre Dame High School principal’s reaction when asked about the activities that the school has hosted, and has planned, to celebrate their 2020 graduates.

It’s not a secret that the needs of high school seniors are far different this year than they have ever been historically.

And like so many other schools, leaders at Notre Dame are doing their best to ensure their 2020 grads get a memorable send-off.

These kids have had a moment in time stolen from them that they will never get back. To minimize the impact of this, parents have taken up the cause, along with school officials.

Director of Academic Advisement, Kristen Gomez, was contacted by a Batavia High School parent asking Notre Dame to include their grads on a Facebook Page to have all the seniors adopted … to be shown some congratulations, love and attention.

As is the case at other schools, this project took off and was a huge success with 33 Notre Dame seniors benefitting. The two schools coordinated on this endeavor and it was “awesome stuff,” Gomez said. It was a real highlight for the entire Batavia community.

Along with this is special recognition, each graduating Senior has been showcased on the Notre Dame Facebook Page. This could potentially open some doors in their quest for success.

The front yard of every grad has been adorned with a sign proclaiming “This Home is Proud! Notre Dame Class of 2020 Senior” —another expression of the pride they all feel as they celebrate their accomplishment.

The school’s Board of Directors certainly wasn’t going to be left out. They had the pleasure of surprising each teen with the delivery of a dozen shamrock cookies.

While these projects have all given the soon-to-be-grads a few rays of sunshine during an otherwise dreary time, Gomez said that it is of great importance to the officials at Notre Dame that they maintain longstanding traditions.

Plans for the upcoming Commencement have just been finalized.

The audience -- parents and families in their vehicles will assemble in the parking lot of Van Detta Stadium on Saturday afternoon, June 6, starting at 4:15.

At 4:45 they will begin traveling to the football field at Notre Dame and be guided onto the field. Commencement begins at 5 o'clock at Notre Dame.

They will not likely be able to celebrate Mass at the 2020 graduation ceremony, but the requisite playing of the "Notre Dame Fight Song" on bagpipes will be performed by Janice Blue.

This will be followed by a prayer and their signature Rose Presentation Ceremony of parental recognition, which always includes a memorable rendition of “Ave Maria.”

Then there will be addresses and awards, after which a queue of graduates will cross the assembled stage one at a time to receive their diplomas.

To meet social distancing protocols required because of the coronavirus pandemic, everyone will be wearing face masks and keeping six feet apart.

Gomez said there are several other surprises planned for these seniors who have lost so much.

Even as the pomp and circumstance are important, Notre Dame officials have made it their number one priority to ensure that all students are getting the academic services they need.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 178 positive cases.
    • The positive case resides in LeRoy.
    • The individual is in their 40s.
    • The newly positive individual was on quarantine prior to becoming symptomatic.
    • One of the previous positive cases has recovered and has been released from mandatory isolation.
    • Two of the total active positive cases are hospitalized.
  • Orleans County received 0 new positive cases of COVID-19 for a total of 171 positive cases.
    • One of the previous positive community cases has recovered and has been released from mandatory isolation.
    • Seventeen 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.       

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

Public Health Column from the Genesee County Health Department

By Brenden A. Bedard, MPH deputy Public Health director

May is Hepatitis Awareness Month: Learn the ABCs of Viral Hepatitis

May is Hepatitis Awareness Month. Hepatitis means inflammation of the liver. The liver is a vital organ that processes nutrients, filters the blood, and fights infections. When the liver is inflamed or damaged, its function can be affected.

“Heavy alcohol use, some medications, toxins, and certain medical conditions can cause hepatitis” said Brenden Bedard, director of Community Health Services of Genesee and Orleans counties.

“In the United States, the most common types of viral hepatitis are hepatitis A, hepatitis B, and hepatitis C. Although all types of viral hepatitis can cause similar symptoms, they are spread in different ways, have different treatments, and some are more serious than others."

Hepatitis A is a contagious liver infection caused by the hepatitis A virus. People who get hepatitis A may feel sick for a few weeks to several months but usually recover completely and do not have lasting liver damage. The hepatitis A virus is found in the stool and blood of people who are infected and can be spread when someone ingests the virus, usually through eating contaminated food or drink or through close personal contact with an infected person.

Hepatitis A is very contagious and people can even spread the virus before they get symptoms. Thankfully, hepatitis A is easily prevented with a safe and effective vaccine, which is recommended for all children at one year of age and for adults who may be at risk, including travelers to certain international countries.

The hepatitis A vaccine is also strongly recommended for food service workers. Bedard said “a food service worker can unknowingly spread the virus to customers or other staff by contaminating surfaces, utensils and/or food, which can make unvaccinated individuals very sick. By receiving the vaccine, food service workers can prevent unnecessary illness from spreading in the community.”

The hepatitis A vaccine is a two dose series that is administered six months apart.

Hepatitis B is a liver disease caused by the hepatitis B virus. Individuals who become infected, especially young children, can go on to develop a chronic or lifelong infection. Over time, chronic hepatitis B can cause serious liver damage, and even liver cancer. Hepatitis B is preventable with a vaccine.

Hepatitis B can be passed from an infected woman to her baby at birth, if her baby does not receive the hepatitis B vaccine. As a result, the hepatitis B vaccine is recommended for all infants at birth and adults at risk.

The CDC recommends pregnant women, men who have sex with men, people who inject drugs, household and sexual contacts of someone infected, anyone born or whose parents were born in areas where hepatitis B is common, and others with certain medical conditions get tested for hepatitis B.

Treatments are available that can delay or reduce the risk of developing liver cancer.

Hepatitis C is a liver disease caused by the hepatitis C virus. Most people who get infected will develop a chronic, or lifelong, infection. Left untreated, chronic hepatitis C can cause serious health problems including liver disease, liver failure, and even liver cancer. Hepatitis C is usually spread when someone comes into contact with blood from an infected person.

Bedard said “most people become infected with hepatitis C by sharing needles, syringes, or any other equipment to inject drugs. Rates of new infections have been on the rise, particularly among young adults, which coincides with the recent increase in injection drug use related tothe United States’ opioid crisis.”

People with hepatitis C often have no symptoms so testing is the only way to know if you are infected. CDC now recommends all adults and pregnant women get tested for hepatitis C, in addition to anyone with ongoing risk and certain medical conditions. There is currently no vaccine to prevent hepatitis C.

Fortunately, treatments are available that can cure hepatitis C. Once diagnosed, most people with hepatitis C can be cured in just 8 to 12 weeks, reducing liver cancer risk by 75 percent. (1.)

(1.) Centers for Disease Control and Prevention. Hepatitis C. https://www.cdc.gov/hepatitis/awareness/index.htm. Reviewed May 8, 2020. Accessed May 18, 2020.

An incident several weeks ago involving two non-compliant persons infected by the coronavirus has resulted in the Genesee County attorney seeking a budget transfer of $2,838 to pay the fees charged by another lawyer called into the case.

County Attorney Kevin Earl on Wednesday presented a resolution to the Genesee County Legislature’s Ways & Means Committee to cover, per the decree, the “unexpected legal expenses due to violations of Health Department quarantine orders related to the COVID-19 pandemic.”

The resolution goes on to state that available funds from the county attorney’s personal services line would be moved to the COVID-19 expense line, with the full amount expected to be reimbursed by the Federal Emergency Management Agency.

Earl said that the money is there due to the county’s furlough of his secretary.

In recounting the circumstances leading up to his request, Earl said two individuals broke their quarantine, which prompted the enlistment of County Judge Charles Zambito to get emergency orders that permitted police to arrest them and take them into custody.

“We arranged that we would take them to a facility that Monroe County had established if we had to do this,” he said. “We did get the orders, and the judge, basically, ordered (attorney) Fred Rarick to represent both of these individuals so that there would be no claims that we were taking them into custody or violating their rights without representation.”

Earl said he “clearly believes” that expenses will be reimbursable “because there was no other reason for this other than the COVID response.”

Committee Chair Marianne Clattenburg asked if the two individuals would be taken to a hotel in Monroe County per a previous agreement between the Genesee & Orleans and Monroe county health departments to provide temporary living quarters for those who had no other housing.

Earl said that this was a different situation, one where a violation of the law came into play.

“We didn’t want to take them to our jail if they had been exposed or tested positive, so the Monroe County sheriff had opened up a facility -- he retrofitted an old jail,” he said. “Obviously, once we have them in custody, we have to take care of them. So, they had a facility where they could provide medical treatment if necessary.”

Clattenburg said that the two people “were going out into the community at the height of the community spread” and that county sheriff’s deputies and city police had to be called in.

“I just want people to realize that we did take the situation very seriously, and those people were a danger to others in the community and were being monitored for quarantine,” she said. “When we found not to be complying, we did take some action here and this is the result of the expense that we had.”

Legislator Gary Maha asked if the duo was taken into custody and transported to Monroe County.

“As we had hoped, the actual having of the order, personally serving upon them, and knowing that if we saw them one foot off the property, they would be immediately taken into custody was enough,” Earl responded. “So, fortunately we didn’t have to go to that step … and I think there’s also a deterrent effect … We did not have to have them arrested but we were ready if we did (with a warrant).”

The committee then approved the resolution, which will move to the full legislature for voting.

In another development, the committee supported a request by County Treasurer Scott German to help the Town of Stafford with its 2021 town/county tax collection.

German said Stafford Town Supervisor asked him if the county would once again collect taxes for the town this year, and German said yes, but the fee would be doubled to $5,000.

“He (Clement) and the (Stafford Town) board were fine with that,” German said.

The treasurer said the reasoning behind the fee increase is that the process took more time than expected and that it lines up with the price charged by Wyoming County for the same service.

“Wyoming County charges about $3.50 per parcel and that is what this will essentially do,” he said, noting that Stafford has about 1,400 taxable parcels. “This will put us on the same playing field as Wyoming County.”

Legislature Chair Rochelle Stein asked if there was a measurement that would justify the new fee.

German said that if another town was to ask the county for tax collection help, he would use the $3.50 per taxable parcel rate going forward.

Legislator Andrew Young, who called for the increase, said, “It’s really not something we want to get in the business of doing; it’s just a matter that one of our partners needs some assistance and we’re going to assist them.”

German agreed and said he will forward a contact signed by both entities to the legislature for consideration in the form of a resolution.

Genesee County Veterans Service Agency
Memorial Day Schedule of Ceremonies for Monday, May 25, 2020

All ceremonies will include full military honors: Wreath Laying, Rifle Salute & Taps.

7 a.m. – Vietnam Veterans Memorial at Genesee County Park & Forest, sponsored by the Vietnam Veterans of America Chapter 193.

8 a.m. – Williams Park (Batavia) World War I Memorial. This memorial honors the 35 Batavians who gave their lives in World War 1.

8:30 a.m. -- Batavia VA Medical Center, at the main flagpole, sponsored by the WNY VA Medical Center.

8:45 a.m. (approx.) -- NYS Veterans Home, at the main flagpole, sponsored by the NYS Veterans Home.

9:30 a.m. – Veterans Plot on Harvester Avenue. This memorial honors all war dead of all wars in Elmwood and St. Joseph cemeteries.

10 a.m. -- Upton Monument. This monument honors the dead of the Civil War, and all wars since.

10:30 a.m. – UMMC Jerome Center. This is the site of the Genesee County War Memorial, honoring all war dead from Genesee County. The names of county veterans who have died since the previous Memorial Day will be read and a flag placed to honor each of them.

Memorial services will be carried out by: Glenn S. Loomis American Legion Post #332; Hansen Brothers Marine Corps League Detachment #951; Veness-Strollo Veterans of Foreign Wars Post #1602; Disabled American Veterans Chapter #166; and Vietnam Veterans of America Chapter #193.

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The Batavian -- https://www.thebatavian.com

WBTA -- www.WBTAi.com (recorded)

Video News Service -- videonewsservice.net (recorded) / facebook.com/VideoNewsService (recorded)

Shawn Philip Stevens, 42, of Hundredmark Road, Elba, is charged with second-degree criminal contempt. On May 20, Genesee County Sheriff's deputies J. Dimmig and D. Moore arrested Stevens in relation to a domestic incident that occurred on South Main Street in the Village of Elba at 9:45 p.m. on May 16. Stevens was arrrested and charged with the crime for allegedly violating an order of protection.

Shannon Maria Armstead, 27, of Bloomingdale Road, Alabama, is charged with second-degree menacing and second-degree harassment. At 7:36 p.m. on May 19, Armstead was arrested after a complaint about a physical altercation in the Town Alabama. Armstead was issued appearance tickets and is due in Town of Alabama Court on June 10. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy David Moore.

Press release:

• Extends sales tax filing deadline to June 22, 2020.
• State is investigating 157 reported cases and three deaths related to COVID illness in children with symptoms similar to an atypical Kawasaki disease and toxic shock-like syndrome.
• Rockland County is now eligible to resume elective surgeries and ambulatory care.
• New Yorkers should call the Coronavirus Hotline at 1-888-364-3065 if they believe their employer is not following Personal Protective Equipment, hygiene or social distancing guidelines.
• Reminds New Yorkers to look out for calls from "NYS Contact Tracing."
• Confirms 2,088 additional coronavirus cases in New York State -- bringing statewide total to 356,458; new cases in 44 counties.

Amid the ongoing COVID-19 pandemic, Governor Andrew M. Cuomo today announced summer school will be conducted through distance learning this year to help reduce the risk of spread. Meal programs and child care services for essential employees will continue.

School districts must also develop a plan for students with disabilities who participate in extended summer school year programs over the summer to ensure they receive instruction.

The state will make a determination on the fall semester and issue guidelines in June so schools and colleges can start to plan for a number of scenarios. K-12 schools and colleges will submit plans for approval to the state in July.

Governor Cuomo also announced the state is extending sales tax interest and penalty relief through June 22, 2020. The state previously provided relief through May 19th for returns due March 20th.

This extension could provide interest and penalty relief for up to 89,000 vendors who had returns due in March. These small businesses file their taxes quarterly and annually, and have taxable receipts of less than $300,000 in the previous quarter.

The Governor also announced the state is currently investigating 157 reported cases in New York where children -- predominantly school-aged -- are experiencing symptoms similar to an atypical Kawasaki disease and toxic shock-like syndrome possibly due to COVID-19.

The illness has taken the lives of three young New Yorkers, including a 5-year old in New York City, a 7-year old in Westchester County and a teenager in Suffolk County. To date, 13 countries and 25 other states have reported cases of this COVID-related illness in children.

Governor Cuomo also announced that Rockland County is now eligible to resume elective surgeries and ambulatory care. The Governor previously announced that the state will allow elective outpatient treatments to resume in counties and hospitals without significant risk of COVID-19 surge in the near term, and a total of 51 counties can now resume elective surgeries (four counties do not have hospitals).

The Governor also encouraged New Yorkers to call the Coronavirus Hotline at 1-888-364-3065 if they believe their employer is not following personal protective equipment (PPE), hygiene or social distancing guidelines as more businesses begin to reopen.

The Governor also reminded New Yorkers to look out for calls from "NYS Contact Tracing" and to answer those calls as the state begins to implement its contact tracing program.

"As we focus on reopening, schools pose unique complications -- they have high density and transportation issues causing a greater risk of spread unless protective measures are fully in place," Governor Cuomo said. "Now we have another issue that is complicating the situation even further with COVID-related illness in children.

"We are continuing to study this new illness and learn more, but for now summer school will remain closed for in-class teaching and will be conducted through distance learning this year."

Interview with UMMC infection preventionist Tricia Woodward about wearing masks.

Genesee County Clerk Michael Cianfrini said he is expecting a major traffic jam when the Department of Motor Vehicles office on the lower floor of County Building I opens its doors once again for walk-in service.

“I do anticipate that when we reopen, we’re going to be inundated,” Cianfrini said on Wednesday as he provided an update on DMV/clerk’s office operations to the Genesee County Legislature’s Ways & Means Committee.

While a specific date for a full reopening has yet to be determined, Cianfrini said he believes it could happen early next month.

“The last I’m hearing is that we should be part of Phase Two (of the four-phase New York State reopening plan) and the date I hear kicked around, but it’s by no means set in stone, is June 8^th,” he said.

Cianfrini said that throughout the COVID-19-induced person-to-person lockout, the DMV office in Batavia has kept busy with reduced staffing that also includes Deputy Clerk Leslie D. Krajewski and two or three customer service representatives.

He said that processing transactions for auto dealers has been steady and that citizens have been utilizing drop boxes in Le Roy and Batavia to a greater degree after his office publicized that option.

“Dealers are actually selling a lot of cars right now … and we have been able to maintain a pretty good dealer work flow,” Cianfrini said. “My goal is to try to get caught up on all the dealer work by the time we reopen. We’re close and the dealer work continues to come in.”

He said his office has been processing vehicle registration renewals, registration transfers, driver’s license renewals (if people submit valid eye test results), vehicle plate surrenders and, more recently, issuing license plates for new purchases.

“Originally, we were told we were forbidden from doing that (issuing plates), but the more I was hearing other DMVs were doing it, we started also issuing license plates to Genesee County residents only,” he said. “We have a limited supply of plates and we have not gotten resupplied on that, so we don’t want to run out.”

Financially, revenue is not far off of 2019 levels, he said, with $300,000 coming into the county for the first four months of this year, compared to $353,000 for the same time period in 2019.

Cianfrini said that the office is “ready to go” as far as social distancing and other safety protocols are concerned, but did admit that answering the phone may be placed on the back burner at the outset.

“We may have to temporarily turn the phones off when we first reopen … and we may try to change our message to include all the information that we typically get asked when people call -- to just include that in the message -- but on a temporary basis to focus on the people who come in,” he advised.

He pointed out that there will be a lot of 16-year-olds who haven’t been able to get their permits, as well as many, many others seeking service. He also mentioned that employees will continue to encourage people to use the drop boxes.

“If we have the 500 people in line that I anticipate once we reopen … we can’t do the phones and answer the customers that are waiting in line,” he said, noting that the office has received hundreds of calls per day – nonstop from 8 a.m. to 5 p.m. – mostly from out-of-county residents unable to get through to their DMV offices.

Cianfrini also reported on activity at the County Clerk’s office upstairs, citing the effectiveness of e-recording (land documents) and e-filing (civil filings) software that was implemented last year.

“We’ve been fairly busy … attorneys have made the transition to e-recording very smoothly,” he said.

He said the office receives a couple dozen calls a day about pistol permits, a service that he hasn’t been able to provide.

“But when we do reopen, that’s going to be the thing that really drives us,” he said.

Cianfrini also said he is not worried about a permanent loss of revenue.

“I don’t anticipate a big drop-off beyond the national economic downtown … (as) pretty much anything that would have been recorded is going to be recorded and anything that would have been filed is going to be filed – and anybody that planned on doing a passport or pistol permit transaction will probably still come in anyway once we reopen.”

With colleges and high schools cut short due to the current public health crisis, it seems reasonable to believe that a large number of young adults may be looking for gainful employment.

Genesee County Board of Election Commissioners Lorie Longhany and Richard Siebert have issued a call for citizens – 18 years of age and up – to serve their communities and earn some spending money at the same time by applying for poll worker positions for the June 23^rd Primary and Special Election.

“Dick and I have found that we’re going to have a need for more poll workers … we are down, right now, 42 poll workers out of approximately 200,” Longhany said at Wednesday afternoon’s Genesee County Legislature Ways & Means Committee meeting via Zoom videoconferencing.

Longhany said workers are needed for eight-hour shifts during the week and for five-hour shifts on the weekend during early voting, and then for a 15- to 16-hour stint on Election Day.

Pay for the Election Day work is set at $215 and other pay rates vary depending upon shift length and duties.

She also said those who apply will be paid $35 for two hours of training, and would be eligible to stay on to work during the November election.

“We’ve had some luck getting some young people to step forward, but not in the numbers that we are going to need. And that’s our dilemma,” Longhany said. “We have an election … on the 23^rd and we need staff to put it on.”

Longhany said that the COVID-19 pandemic is adversely affecting the election office’s operation.

“We are seeing that poll workers just aren’t comfortable going out and sitting during the climate that we’re in with COVID-19,” she said.

Committee Chair Marianne Clattenburg said that was understandable.

“A lot of our poll workers are older citizens and considered vulnerable, and we appreciate the service they have given us all these years, but we totally understand their perspective now,” she said.

Longhany said the plan is to “facilitate the movement of the voters to get to the table to sign in by keeping the six-foot social distancing – passing out the little bottle of sanitizer that our emergency management team is so wonderfully providing for us, and just kind of keep a semblance of order during a time that’s different,” she explained. “We want our poll workers to be safe and we want our voters to be safe.”

The election commissioners asked legislators to allow them to hire more poll workers to keep things running smoothly and ensure that required safety measures are followed, adding that they are reaching out to school teachers, social workers at schools and others to get the word out.

Siebert noted that election expenses are the responsibility of the municipalities that are being served by the county election office.

“We were directed many years ago that all expenses to the towns that we run the election – these poll workers – no matter what our expenses – are charged back, which comes back two years later,” he said. “So, if we have to hire another $4,000 or $5,000 for what the cost would be … that would be a charge back to the City of Batavia and all the 13 towns.”

People interested in applying to be a poll worker or who want more information are asked to call the election office at (585) 815-7804.

Longhany said that 5,339 absentee ballots have been processed thus far, more than twice the normal amount processed during presidential election years.

Polls will be open for early voting at County Building 2 on West Main Street Road in Batavia from: noon to 5 p.m. on June 13-14; 9 a.m. to 5 p.m. on June 15; noon to 8 p.m. on June 16-17;9 a.m. to 5 p.m. on June 18-19; and noon to 5 p.m. on June 20-21.

On June 23, Election Day voting will take place at 23 different polling sites from 6 a.m. to 9 p.m. throughout the county.

Statement from Mindy Brashears, Ph.D., USDA undersecretary for Food Safety, and Frank Yiannas, FDA deputy commissioner for Food Policy and Response:

WASHINGTON, D.C. -- As the COVID-19 pandemic response continues, the U.S. Department of Agriculture and the U.S. Food and Drug Administration have been working around the clock on many fronts to support the U.S. food and agriculture sector so that Americans continue to have access to a safe and robust food supply.

As a next step in carrying out Executive Order 13917, the USDA and FDA today announced Memorandum of Understanding (MOU) to help prevent interruptions at FDA-regulated food facilities, including fruit and vegetable processing.

This is an important preparedness effort as we are approaching peak harvesting seasons, when many fruits and vegetables grown across the U.S. are sent to be frozen or canned. The MOU creates a process for the two agencies to make determinations about circumstances in which the USDA could exercise its authority under the Defense Production Act (DPA) with regard to certain domestic food resource facilities that manufacture, process, pack, or hold foods, as well as to those that grow or harvest food that fall within the FDA’s jurisdiction.

While the FDA will continue to work with state and local regulators in a collaborative manner, further action under the DPA may be taken, should it be needed, to ensure the continuity of our food supply. As needed, the FDA will work in consultation with state, local, tribal and territorial regulatory and public health partners; industry or commodity sector; and other relevant stakeholders (e.g. Centers for Disease Control and Prevention, Occupational Safety and Health Administration) to chart a path toward resuming and/or maintaining operations while keeping employees safe.

We are extremely grateful to essential workers for everything they do every day to keep our pantries, refrigerators and freezers stocked. All of the food and agriculture sector -- whether it is regulated by the USDA or FDA -- are considered critical infrastructure, and it is vital for the public health that they continue to operate in accordance with guidelines from the CDC and OSHA regarding worker health and safety. As we work to get through the current challenge together, we remain committed to workers’ safety, as well as ensuring the availability of foods, and that our food remains among the safest in the world.

Additional Information

On April 28, 2020, President Donald J. Trump signed Executive Order 13917, Delegating Authority Under the Defense Production Act with Respect to the Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, delegating the powers of the President under the DPA to the Secretary of Agriculture to ensure continuity of operations for our nation’s food supply chain.

The Executive Order gave the Secretary of Agriculture the authority to use the DPA if needed to require the fulfillment of contracts at food processing facilities. The MOU makes clear that the FDA will work with stakeholders to monitor the food supply for food resources not under the USDA’s exclusive jurisdiction in order to prevent interruptions at FDA-regulated food facilities.

This action is another in a series of proactive steps the USDA and FDA have taken to maximize food availability following unprecedented disruptions the COVID-19 pandemic has caused to food supply chains that have been established and refined for decades.

Supporting Industry and Protecting Frontline Workers

Our nation’s food and agriculture facilities and workers play an integral role in the continuity of our food supply chain.

The USDA and FDA have been working to ensure that frontline workers in food facilities and retailers that have remained on the job during this crisis have the information and resources they need for business continuity and to continue working safely, which includes mitigating the risk of spreading COVID-19. We continue to provide information and update frequently asked questions on both the FDA and USDA’s websites.

We will continue to work with facilities and farms, CDC, OSHA, and state, tribal, and local officials to ensure facilities and farms are implementing practices consistent with federal worker safety guidelines to keep employees safe and continue operations.

We are working with our federal partners who have the authority and expertise over worker safety to develop information on protecting worker health. We are also working with other federal partners to assist the food and agriculture industry in addressing shortages of personal protective equipment (PPE), cloth face coverings, disinfectants and sanitation supplies.

Monitoring and Securing Human and Animal Food Supply Chains 24/7

Throughout the pandemic, the USDA and FDA have been closely monitoring the food supply chain for shortages in collaboration with industry and our federal and state partners. We are in regular contact with food manufacturers and grocery stores.

We have issued guidances to ensure regulatory flexibility to safely reroute food that typically would be bought in bulk by food facilities and restaurants, like eggs and flour, directly to consumer.

Food Safety Reminders for Every American

As we continue to respond to COVID-19, we want to remind consumers that there is no evidence that COVID-19 has been transmitted by food or food packaging, as well as the importance of taking precautionary food safety steps to protect against foodborne illness pathogens such as salmonella and E. coli.

With respect to the safety of food across the U.S., both the USDA and FDA continue to use their respective authorities, including conducting inspections, as appropriate. The agencies also continue to monitor foods for hazards, work with industry on any potential or reported issues in their facilities, and conduct food recalls when appropriate. This applies to both domestically produced food and food that is imported from other countries.

Unlike foodborne gastrointestinal (GI) viruses like norovirus and hepatitis A that often make people ill through contaminated food, foodborne exposure is not known to be a route of transmission for SARS-CoV-2, which causes COVID-19.

With respect to foodborne pathogens, the CDC, FDA and FSIS continue to work with state and local partners to investigate foodborne illness and outbreaks. During this coronavirus outbreak, we will continue to operate to prepare for, coordinate and carry out response activities to incidents of foodborne illness in both human and animal food.

Press release:

• Continues partnership with ready responders to expand testing from 8 to 40 public housing sites across NYC.
• State is partnering with SOMOS (a network of more than 2,500 physicians in the Bronx, Queens, Manhattan, and Brooklyn for Medicaid members) to establish 28 additional testing sites at churches and community-based providers in predominately minority neighborhoods; total of 72 faith-based testing sites in partnership with Northwell Health & SOMOS.
• Directs all local governments to expand testing in low-income communities and develop outreach programs.  
• Religious gatherings of no more than 10 people and drive-in and parking lot services will be allowed statewide beginning Thursday, May 21st.  
• State is convening Interfaith Advisory Council to discuss proposals to safely bring back religious services.
• Announces finalists for Wear a Mask New York Ad Contest; New Yorkers can vote through Memorial Day at WearAMask.ny.gov.
• Confirms 1,525 additional coronavirus cases in New York State -- bringing statewide total to 354,370; new cases in 42 counties.
• Governor Cuomo: "So be smart. Let's use the numbers, let's research. Where are people who are infected? Where are new cases coming from? Where is the spread continuing? Low-income communities, communities of color. They tend to be high Latino, high African-American population. And we are seeing that pattern continue in zip codes, lower-income, predominantly minority."

Cuomo: "It seems like a simple thing, wearing a mask, and it's apparently so simple that people think it's of no consequence. It happens to be of tremendous consequence. It is amazing how effective that mask actually is. Don't take my word for it, I am not a doctor, I am not a public health expert. Again, look at the facts."

Earlier today, Cuomo announced the results of the state's antibody testing survey at churches in lower-income New York City communities and communities of color show 27 percent of individuals tested positive for COVID-19 antibodies, compared with 19.9 percent of New York City's overall population. The data was collected from approximately 8,000 individuals and shows high positive rates and continued high community spread in these low-income communities.  

To address these continued high infection rates in low-income and minority communities, Governor Cuomo announced the state is continuing its partnership with Ready Responders to expand testing from eight to 40 public housing developments across New York City. The state is also partnering with SOMOS to establish 28 additional testing sites at churches and community-based providers in predominately minority communities, for a total of 72 faith-based testing sites in the state in partnership with Northwell Health and SOMOS.

The state will also work to stop community spread in these neighborhoods by increasing Personal Protective Equipment availability, providing hand sanitizer, enforcing social distancing and expanding public health and education in these communities.  

Governor Cuomo also directed all local governments to expand testing in low-income communities and develop outreach programs to help address the disparities in these communities.  

The Governor also announced that beginning Thursday, May 21st, religious gatherings of no more than 10 people will be allowed statewide where strict social distancing measures are enforced and all participants wear masks. Additionally, drive-in and parking lot services will also be allowed beginning Thursday.

The Governor also announced the state is convening an Interfaith Advisory Council to discuss proposals to safely bring back religious services. A list of the members of the Interfaith Advisory Council is available here.  

The Governor also announced the five finalists for the Wear a Mask New York Ad Contest, which was launched by the Governor on May 5th and is being overseen by his daughter Mariah Kennedy Cuomo, asked New Yorkers to create and share a video explaining why New Yorkers should wear a mask in public. Over the past two weeks, the state collected more than 600 submissions from New Yorkers across the state. New Yorkers can vote for the winning ad until Monday May 25th at WearAMask.ny.gov. The winning ad will be announced on Tuesday, May 26th, and that ad will be used as a public service announcement.

Assistant County Manager Matt Landers provided a snapshot of the current financial status of Genesee County government tonight and, although the complete picture has yet to develop, it does present a clear view that steps being taken in light of the COVID-19 pandemic are resulting in significant cost savings.

Speaking at the Genesee County Legislature’s Ways & Means videoconference meeting, Landers projected that the county will be $1.4 million on the plus side before any potential state aid and sales tax losses are considered.

“When you take into consideration about $800,000 on the departmental level and an additional $600,000 through various measures and means, we’re looking at possibly about $1.4 million to the good,” Landers said. “These are all pre-state cuts and pre-sales tax implications as well, and doesn’t have mortgage tax figured in – and that could be another $100,000 or so.”

Landers reported information received from department heads and County Treasurer Scott German as the basis for his forecast.

“In general, what got reported back to us … in essence, the savings on a departmental level are about $800,000 on their budgets through the course of the year and going forward, projecting out,” he said.

He said departmental revenues would decline by $1.5 to $1.6 million for the year, but expenses will be down about $2.4 million for the year – resulting in the $800,000 savings.

“A large chunk of that is the jail, which has significant savings,” he offered. “They’re looking at roughly a net savings of $370,000, primarily from not boarding out, medical savings, food savings. They budgeted boarding out males and females and, obviously, they’re not boarding anybody out.”

Beyond that, Landers said the county health department’s preschool (ages) 3-5 program will see a savings of $308,000 as schools have been closed. This program primarily consists of occupational therapy, physical therapy, speech and other programming.

Moreover, the county’s hiring freeze and furlough strategies are on track to produce savings of $236,000 and $160,000, respectively, he said.

Landers said that additional revenue is expected in tax foreclosure properties ($131,000), contingency costs not utilized ($35,000), forfeited bail ($25,000) and delaying of projects ($100,000), which more than offset losses in interest earnings ($100,000) and Western Regional Off-Track Betting revenue ($35,000).

“At this point in time, I’m happy to see that we’re a million-four to the good versus a million-four to the bad … but we’re really at a wait-and-see situation right now until we can really see what is going to happen with the state reimbursement on state aid, the sales tax money and (federal) stimulus four,” he said.

Landers also said that a fourth federal stimulus package to help states and local governments would make paint a much brighter picture for the county.

“If we receive a windfall of money to help offset our sales tax losses, the ripple effect is huge because that would also mean that the state is receiving something else,” he said. “And it would not need to give a pass-down, devastating state aid cut that could be from a couple million to seven or eight million dollars they could hit us with.”

County Manager Jay Gsell advised the committee that Gov. Andrew Cuomo has three state budget “measurement periods” at his disposal.

The first (the month of April) has already passed but an announcement is “imminent,” Gsell said, and the others are May 1 through June 30, and July 1 through the end of the year.

He said that negotiations are taking place at the federal level in regard to another stimulus package, expressing the opinion that the bill recently passed by the House of Representatives will not pass as presented.

“That does not look like that (HEROES Act) is going anywhere,” he said. “Our NYSAC (New York State Association of Counties) people last night were telling us that looks like it is strictly a negotiating standpoint, and not a viable piece of federal legislation.”

Gsell said if a bill that is acceptable to both the House and Senate does materialize it likely won’t happen until June.

In a related financial development, the committee forwarded a resolution authorizing County Treasurer Scott German to distribute mortgage tax money to the City of Batavia, towns and villages – an amount totaling $388,967.72 – as follows:

-- City of Batavia, $103,929.86;
-- Town of Alabama, $7,911.34;
-- Town of Alexander, $15,902.45;
-- Town of Batavia, $46,467.74;
-- Town of Bergen, $14,956.42;
-- Town of Bethany, $7,929.85;
-- Town of Byron, $18,118.73;
-- Town of Darien, $31,923.49;
-- Town of Elba, $9,388.03;
-- Town of Le Roy, $33,675.72;
-- Town of Oakfield, $13,118.74;
-- Town of Pavilion, $16,232.73;
-- Town of Pembroke, $31,468.05;
-- Town of Stafford, $18,986.41;
-- Village of Alexander, $1,649.66;
-- Village of Attica, $565.80;
-- Village of Bergen, $1,998.11;
-- Village of Elba, $1,154.38;
-- Village of Le Roy, $9,670.41;
-- Village of Oakfield, $2,021.87;
-- Village of Corfu, $1,897.

The total is more than $126,000 that was distributed as the first payment of 2019 and the most for the same time period in the last eight years.

Retired dispatcher, who started his career with Batavia Police Department 30 years ago today, was honored by members of the force for his service to the department and continued support of its mission.

Photos by Alecia Kaus/Video News Service.