The Batavia Fire Department, Mercy EMS, Batavia Police, State Police and Genesee County Sheriff's Office, took a few parade laps around United Memorial Medical Center to thank healthcare workers for taking care of all of us during the COVID-19 crisis.

Healthcare workers came outside to see the tribute and express gratitude for the salute and also to thank first responders for supporting their community.

Today was supposed to be United Way of Genesee County's annual Day of Caring, which was cancelled due to COVID-19.

It nonetheless prompted the Business Improvement District businesses and supporters to draw chalk messages of support and shout-outs for local business during the pandemic.

Chalk was handed out on Main Street for anyone who wanted to participate. Social distancing was practiced by those involved in this event. 

Genesee County Manager Jay Gsell is at the front of the line when it comes to calling for the federal government to provide monetary relief to cash-strapped local municipalities but, at first glance, he’s thinks the latest $3 trillion stimulus plan may have gone too far.

“I think it is a bit of an overreach – although I haven’t read between the lines – and (observe) that the Republican Senate and White House are not exactly lining up anymore with fed stim 4,” Gsell said this morning in response to the 1,815-page bill proposal released on Tuesday night by House Speaker Nancy Pelosi.

The bill, called the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, is a $3 trillion coronavirus stimulus package that includes $915 million for state and local governments and additional $1,200 checks for individuals (up to $6,000 per family).

It also would provide an extra $600 a week federal unemployment benefit through Jan. 31 – an extra disbursement that was supposed to run out at the end of July.

Additional benefits of the bill include billions for essential workers’ “hazard pay,” coronavirus testing, U.S. Postal Service, the Payroll Protection Program, pandemic-era voting challenges in November, and hospitals and health care providers.

Another $1.2 billion is earmarked for police departments for salaries and equipment, and state and federal prisons.

View the entire bill here.

Batavia City Manager Martin Moore said he wasn’t sure how the proposed legislation would end up, but he’s all in on support for counties, cities, towns and villages.

“Any help that we can get will surely be welcome … especially given the unfunded mandates that we have to deal with and the reduced revenues,” he said. “(Another federal stimulus) would not only help us this year, but with next year’s budget as well.”

Gsell said the overarching parameters of the bill likely will be challenged by Republicans and President Trump, and pointed to an erroneous report in The New York Times that could make it even more difficult for it to pass.

“A reporter from The New York Times put New York in the same boat as Illinois and California, writing that New York is asking for a bailout of its state pension funds. That is a fallacy. This state’s retirement system is not in financial ruin; in fact, it is 96-percent funded, which is a platinum standard.”

He said the result of that report is that Senate Republicans and the White House perceive that all states with Democratic governors and looking for handouts to bail out their pension systems.

Gsell said New York’s counties see another stimulus as a “vital measure to bridge the gap” caused by significantly reduced sales tax and, potentially, state aid reimbursement. And, he said, time is of the essence.

“Getting relief relatively soon, this month, is vital, but it may not occur to June and July,” he said. “That won’t bode well for our workforce … and getting a sense of what is the new normal.”

He said there are a couple other bills out there, including one supported by Sen. Charles Schumer “which I think may have a better chance than this Pelosi bill.”

“When it goes from $1 trillion to $3 trillion, that’s a big jump, and any attempt at consensus-building gets blown up,” Gsell said. “Then it ends up being every Congressperson for himself, with many taking a wait-and-see attitude until after the economy opens up.”

In most communities, street corner fire alarm boxes have become a thing of the past, giving way to the widespread availability of landline and cellular phones.

For those who don’t remember, when someone pulled one of those red fire alarm boxes, the signal was sent to fire headquarters where firefighters matched the number of the box to a corresponding location on their chart. And, just like that, crews were off and running to the hot spot.

The spirit of the call box lives on today, however, in the form of a digital magazine called Box 585, an initiative spearheaded by former Genesee County firefighter Chuck Hammon, (photo at right), who currently is employed as a Station 5 lieutenant for the Henrietta Fire District.

“Box 585 is a local training group for the Greater Rochester area and our mission is to provide training programs and resources to 585 (area code) firefighters so they can perform at a higher level on the fireground,” said Hammon, 35, who spent 16 ½ years in public safety in Genesee County.

He said the magazine – which can be found at box585fire.com and also at https://www.facebook.com/box585firetraining/ -- is an idea that evolved after years of networking among local firefighters, specifically those in Genesee County.

The first edition, a 28-page eye-pleasing display of helpful articles and sharp photos, was released last week and already has received “thousands of page turns and views,” Hammon reported.

He said that stories are written and photos submitted by local contributors with specific goals in mind – to enhance communication, share ideas and increase awareness about the importance of physical and mental fitness. 

“When we started Box 585 Fire Training & Performance LLC, we knew our digital foundation would be the quarterly magazine and our website, specifically for 585 firefighters by 585 firefighters,” Hammon said. “While we are building our in-person training and physical and mental performance programs, we can continually release content to firefighters in the area.”

Hammon began his career in public safety as a volunteer with the Stafford Fire Department, before accepting jobs with City of Batavia fire ambulance crew and Le Roy ambulance.

A New York State fire instructor, he worked as a City firefighter until 2015, when he and fiancée, Le Roy native Kerry Woodward, moved to Henrietta.

He said that constant difficulties with scheduling and communication prompted him to create a “centralized place” to advertise classes and trainings for firefighters and instructors in the 585 region.

“Often the class postings would be passed along to chiefs but not make it to the firefighters that needed the course,” he recalled. “Now as a new resident and instructor in Monroe County, I see the same scheduling needs here.”

Hammon noted that instructors from Genesee County are on staff and will be available to provide their colleagues with training and information both digitally and in-person.

In addition to the posting of class schedules, local firefighters who submit articles and photos are creating a network among departments, Hammon said, adding that he will include association events and fundraisers in the magazine.

“Local vendors can advertise so that firefighters can see what equipment, apparel, and services are available in their backyard,” he said. “Our photographs are only from local photographers and those photographers have the opportunity to have their talents showcased. If the digital format is not your thing, it can be printed out and displayed at the firehouse or fire halls.”

Hammon explained that the “box” term hasn’t completely disappeared from firefighting jargon.

“In the modern fire service, a "Box" is a term departments use to have predetermined resources respond based on a geographic location or hazard,” he said. “Fire chiefs are constantly updating their box books and running orders to ensure the community is getting the appropriate resources for their emergency. Fitting to our mission, we are providing resources to Box 585.”

A box-style semitruck is on its side at 3977 W. Main Street Road in Batavia and the driver unable to exit the vehicle, according to a caller to dispatch. Law enforcement and Mercy medics are responding along with Town of Batavia Fire Department.

UPDATE 11:57 p.m.: The driver is conscious; a heavy-duty tow truck is needed to upright the vehicle. It's estimated weight is 73,000 pounds, unknown cargo in rear trailer.

Update: May 13, 9:30 a.m.

Congressional Democrats reportedly are proposing the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act -- a $3 trillion coronavirus stimulus package that includes additional $1,200 checks for individuals (up to $6,000 per family) and $915 billion for states and local governments.

In addition, the extra $600 a week federal unemployment benefit would be extended through Jan. 31, 2021, under the proposal. That extra payment was supposed to run out at the end of July.

The bill would also provide:

• $200 billion in “hazard pay” for essential workers, such as grocery store employees and health care personnel;

• $75 billion toward more coronavirus testing;

• Send $25 billion to the U.S. Postal Service;

• Add $10 billion to the Payroll Protection Program meant to help businesses and especially underserved businesses and nonprofit organizations;

• $3.6 billion for local officials to prepare for pandemic-era voting challenges in November;

• $600 million to police departments for salaries and equipment

• $600 million for state and federal prisons;

• Provide $100 billion to hospitals and health care providers to cover costs, with a special focus on health care entities in low-income communities.

The New York State Association of Counties is applauding the proposal.

“The federal stimulus proposal introduced today includes funding allocations that have been championed by Senate Minority Leader Charles Schumer and the entire NY Congressional delegation. This essential funding is necessary for essential public employees to provide essential services to stamp out COVID-19 and begin the process of reopening communities," said NYSAC President John F. Marren in a statement.

"County leaders commend House Appropriations Chair Nita Lowey and Speaker Pelosi for beginning the negotiating process by introducing this important legislation. We thank New York’s bipartisan congressional delegation for fighting to help New Yorkers survive and thrive during the pandemic."

Press release:

Assemblyman Steve Hawley today announced to residents of the Finger Lakes region, which includes Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties, what industries will be eligible for reopening after this Friday, May 15. 

“I’m excited that the initial road to economic recovery is underway with helping businesses and people get back to work,” Hawley said. “As we follow the safety protocols set forth, and continue to get people back into the field and working again, we can only hope things improve going forward.”

Per the state’s guidelines on what Phase 1 of reopening means, construction, manufacturing, retail (limited to curbside pickup), wholesale trade, agriculture, forestry, fishing and hunting are all set to start the process of returning to normal.

Because the Finger Lakes region is a prime example of boasting some of the best workers in these various industries, Hawley is pleased to see the people’s patience being rewarded. 

If there are any questions regarding the reopening process, individuals are encouraged to reach out to:  flnyf@esd.ny.gov.

Assemblyman Hawley represents the 139th District, which consists of Genesee, Orleans and parts of Monroe County. For more information, please visit Assemblyman Hawley’s Official Website.

When she first jumped into the race for the NY-27 congressional seat, Darien resident Beth Parlato got off to a fast start in fundraising from individual donors.

She raised $271,000 in eight weeks. Her campaign coffers now stand at $554,153.62, which includes some PAC money and a personal loan but so far that isn't half of the $1,253,465.46 Chris Jacobs has in his campaign account.

Parlato said she knows what she's up against in trying to win a congressional seat against a candidate who can afford to drop $446,000 of his own money into his quest for a seat in D.C. So when the novel coronavirus swept through New York and she was forced to cancel five fundraisers, Parlato took what she thought was the next most sensible route to keep her effort financed. She borrowed $150,000 against her property on Seven Day Road.

That loan, which she turned around and loaned to her campaign, promoted a reader to contact The Batavian and suggest the loan violated Federal Election Commission rules.

At first blush, based on language on the FEC site, that might seem true.

When a candidate obtains a bank loan for use in connection with his or her campaign, the loan is considered to be from the bank and not from the candidate's personal funds.

However, two experts in campaign finance interviewed by The Batavian for this story said Parlato's use of money obtained from a second mortgage to make a personal campaign loan is legal.

"It's her personal money," said Paul Cole, a Republican who was once heavily involved in WNY politics, working for Tom Reynolds and Chris Lee before running David Bellavia's 2012 primary campaign. He is not currently involved with any congressional campaign.

"She's going to be personally responsible for paying back that banknote regardless of what happens in terms of the campaign," Cole said. "She's going to have to pay back that loan."

While the campaign, if it raises enough money, can repay the loan to Parlato, if the campaign for any reason can't raise enough money to pay back the loan, Cole said Parlato is still personally responsible to repay the money to the bank.

Michael E. Toner, an election law attorney in Washington, D.C., also said it is legal for a candidate to take out a second mortgage on his or her own property and then loan that money for a loan to his or her campaign.

A footnote on the FEC site also indicates such a loan is permissible:

The personal funds of a candidate include: Assets which the candidate has a legal right of access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy ...

Parlato, who is endorsed by the Conservative Party and is running the GOP primary, has raised $376,691 from individual contributors. She collected another $11,000 from political action committees.

Jacobs, the endorsed Republican in the special election and also a candidate in the primary, has raised $720,856 from individual contributors. He's also raised -- from PACs, other congressional campaigns, and corporations -- $85,699.

The other Republican in the race is Stefan Mychajliw, who has raised $75,576. He's loaned his campaign $465.

Democrat Nate McMurray, running in both the special election and unopposed in the Democratic primary, has raised $527,886. He's received more than $30,000 from PACs and has not loaned his campaign any money.

The Libertarian candidate is Duane Whitmer, who has raised more than $20,000, half of which comes from a loan from himself to his campaign.

CORRECTION:  Parlato is not a candidate in the special election, as previously stated.

Press release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 165 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Zero of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
  • Orleans County received eight new positive cases of COVID-19, for a total of 142 positive cases.
    • All of the new positive cases were in state-regulated facilities: Two from The Villages of Orleans Health and Rehabilitation Center, five (one counted from the weekend for a total of six) from Western NY DDSO Group Home, and one from Orchard Rehabilitation & Nursing Center.
    • Of the new positive cases one individual is in their 20s, three individuals are in their 30s, one individual is in their 50s, one individual is in their 60s, one individual is in their 80s and one individual is in their 90s.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • 10 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 saddened to report another death from The Villages of Orleans Health and Rehabilitation Center. Our deepest condolences go out to the family and friends of this individual during this very sad time.

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

A piece of equipment struck and ruptured a natural gas pipeline at 7290 Telephone Road. Pavilion Fire Department is responding. The location is east of Perry Road, on the south side of the roadway.

Public Notice

The Dry Bridge Road over the NSX railroad tracks in the Town of Alexander is open to all traffic.

Timothy J. Hens, P.E., Superintendent

Genesee County Highway Department

From the GC Board of Elections:

As voters are receiving their absentee applications in the mail for the June 23rd Primary and Special Election, there may be some confusion.

Here is a quick guide to help voters make a decision about voting absentee and how to fill out the application or voting in person.

• If you wish to vote absentee, fill out the form you received in the mail by checking "temporary illness or physical disability" in box 1 and checking "Primary Election only" and "Special Election only" in box 2. Fill out the rest of the application and mail it back in the self addressed, prepaid envelope. Your ballot or ballots will be mailed to you after your application has been received and processed.
• The absentee application is only good for the June 23rd Primary and Special Election. It does not cover the General Election in November.
• The polls will be open for early voting at County Building 2 (3837 W. Main Street Road, Batavia) with the following days and hours:

Public Notice

Emergency food and shelter funds are now available for Genesee County agencies through Emergency Food and Shelter National Board Program.

For information on local board and funding, please contact Lisa Wittmeyer, case manager of emergency services, Community Action of Orleans & Genesee by May 21 at (585) 343-7798, ext. 116, or email:   lwittmeyer@caoginc.org

Photos and information from reader Carrie Farley.

Carrie Farley's friend, Melinda Fenton, is worried about her kitty who has never once stepped foot outside then, you guessed it, up and decided to explore the vast unknown.

That was around 10:30 Sunday night. The female feline lives on Pearl Street "right on the roundabout" in the city.

Farley advises that the pet "may be very skittish and will run from trucks." Who wouldn't, right?

Fenton had an epiphany when it came to naming her cat. Apparently being one who favors understatement, she imaginatively selected "Fluffy" as befitting.

Fluffy. If you sheared this cat in August to help keep it cool, you could make enough yarn to crochet a baby blanket, at least; maybe an autumn poncho.

If you catch a glimpse of this hairball, an unlikely candidate for fleet-footedness, do phone. She needs her brushy-brush and is doubtless missing snacks and nourishment.

Melinda Fenton's number is (585) 831-0401.

Below, Fluffy on her backside, looking nonchalant as she double dares anyone to try and groom her.

Below, Fluffy lounging in a torpor of resigned feline fatalism, courtesy of the pandemic.

Interview with Tori Ganino, dog trainer, owner of Calling All Dogs in Batavia.

This year has been a difficult one for the business community, to say the least, but the president of the Downtown Batavia Business Improvement District is encouraging member store owners to keep their chins up while the organization adjusts to the changing times.

“We have gone through some changes in the past 18 months, but have emerged with a strong board (of directors) that is cohesive and really ‘into’ downtown,” Don Brown said on Monday.

Brown, co-owner of Charles Men’s Shop on Main Street, believes that the BID has reached a tipping point as far as how to meet its 198 members’ needs and to appeal to younger entrepreneurs.

“BIDs themselves are facing an uphill battle in a lot of ways as some people are down on BIDs, which are funded with property owners’ tax money,” Brown said. “But, when you see sidewalk improvements, downtown flowers and landscaping – that’s all because of the BID.”

He said that the emergence of the Batavia Development Corporation, which secures downtown grants and loans, and the recent $10 million NYS Downtown Revitalization Award has compelled BID board members to rethink their focus.

“We didn’t have those before – grants for storefront rehabilitation and the state throwing millions of dollars at us,” he said. “That’s a game-changer for us.”

As a result, Brown, who has been president for a year and a board member since 2016, said he would like to see the BID promote more events in the City and develop a marketing plan that “lets people know that it is the BID that is sponsoring this.”

“Our common goal should be to market our skill set to the 200 members. We’ve been too rigid in the past and we need to do things to attract the younger people who are business owners to make their downtown better,” he offered.

Brown said that a plan is in place to conduct “meet-and-greet” sessions and work has already started on getting free Wi-Fi downtown.

“Our BID board has resolved to be a more social organization -- having meet and greets a couple times per year to promote more participation,” he said. “Most recently, we contracted (with Spectrum) to have free Wi-Fi installed throughout our downtown district for all the youth. We also want to have music (via speakers at various sites) downtown.”

Previously, Brown and BID Executive Director Beth Kemp spoke to the membership via a video on the BID website that replaced their Annual Meeting due to the COVID-19 pandemic.

“Things will look different going forward but we will get through these challenging times and will be stronger for it,” he said.

On the video, Kemp announced the agency’s award winners for the 2019-20 year:

• Business of the Year – Freed Maxick accounting firm.
• Volunteer of the Year – Danielle Fleming, an employee of Batavia Downs Gaming.
• Community Partner of the Year – Lisa Casey, confidential secretary for the City of Batavia.

Kemp also reported that Batavia attorney Peter Casey has been elected to the BID’s Board of Directors.

Financially, the agency made a profit of $8,047 last fiscal year and, as of March 31, had total assets of $330,453.

----------

Per its website: Comprised of property owners and tenants, the Batavia Business Improvement District Management Association Inc., is a nonprofit organization with a mission to finance improvements and services beyond those provided by the City of Batavia, and fund an operational budget for the purpose of revitalizing and promoting business activity.

The Genesee Country Farmers Market Inc. suddenly has become quite a lightning rod for discussion at Batavia City Council meetings.

City Council tonight gave its go-ahead for the market to conduct business again this year at the east side of the parking lot on Alva Place and Bank Street, but not before a 25-minute debate that focused on the practice of allowing food truck vendors to conduct business on the market grounds and at other downtown locations.

Council members, at their April 27^th meeting, tabled the nonprofit’s application to operate on Tuesdays, Thursdays and Fridays from June 5 through Oct. 30, citing the need for clarification of the organization’s address and financial arrangement.

The next day, Beth Kemp, executive director of the Batavia Downtown Business Improvement District, which supports the GCFM, provided an email from Sharon Brent, the market’s treasurer, which appeared to answer Council’s questions.

Fast forwarding to tonight, several Council members brought up other issues concerning the market, with the subject of food trucks dominating the talking points.

“I don’t know if any of you have received any comments from local restaurateurs but I have in the past in regard to the food vendors that are allowed to come into the farm market and sell food there as far as prepared food like the food truck, things of that nature,” John Canale said. “Some of our restaurants that are in the BID district are concerned that these people are coming in and they’re able to sell food at lunch time, which is actually taking away lunch business from a lot of our downtown restaurateurs.”

Canale said restaurant owners, especially during the COVID-19 crisis, are “fighting for business” and food trucks will just make it that much more difficult for them. He went on to say that the farmers’ market is “a wonderful thing” but still called for eliminating food vending trucks at the market.

Robert Bialkowski then asked a series of questions about the farmers’ market operation – How much of the parking lot can they use, what does the $50 membership fee cover, who is the president and vice president, and how much is spent on advertising?

He also suggested that Council should treat event applications in the same way they do resolutions.

“I really feel that we should handle it like any other business item,” he said. “If we all agree to move it from conference to business, then at the business meeting we would vote on it. That’s just my personal opinion."

City Attorney George Van Nest said he was of the opinion that Council might be imposing stricter requirements upon the farmers’ market compared to other requests.

“Traditionally, it’s been a situation where the City has looked at a limited set of information,” he said. “I just have a slight concern that we’re going fairly far afield here for a particular event application and treating this one a little differently than we would other event applications.”

The conversation returned to food trucks with Council President Eugene Jankowski mentioning that he received an email from Kemp on March 11^th asking about the possibility of restricting food trucks from downtown on specific days of the week -- with the exception of the farmers’ market. He shared news that Buffalo and Rochester have recently passed a measure designed to limit food trucks parking near restaurants.

After Rose Mary Christian noted that food trucks have to pay sales tax, Jankowski suggested putting the issue back into the BID’s hands.

“That to me would be more of an internal BID issue than it is for Council to get involved,” he said. “These (applications) are a way to give us a heads-up so that we can provide a service to all the people who are going to be there as well as the community to make sure that we’re not conflicting … that we’re not blocking their progress.”

Canale agreed that the matter should be handled through the BID.

“I think it’s a matter of the BID realizing that a lot of these downtown restaurants are challenged by having more food vendors come downtown and be able to sell food downtown at the lunch hour that aren’t having to pay the BID assessment (as well as property taxes),” he said.

Patti Pacino, who along with City Manager Martin Moore serves on the BID board, said “if these owners are concerned, I’d rather they take it to the BID board than try to take it to City Council, because we’re only going to turn around and take it back to the BID board.”

Jankowski then suggested that Moore contact Kemp to define the areas of concern and discuss it again at a future Council meeting.

“Maybe (we need to) modify the City Code for the food vendor truck to not be right in the middle of the BID area where they’re paying taxes or the assessment, and on top of that, they’re parking right in front of a restaurant,” he said.

That prompted a sharp response from Christian.

“Actually, it’s called competition. Center Street Smoke House has a food truck and he’s all over. He not only pays sales tax but he pays property tax …,” she said. “I think you’re opening up Pandora’s Box if you decide to do this. Like I said, it is competition and I know about the food truck because I had the first one in Batavia.”

She added that the City could face a lawsuit “if you’re going to continue on with this nonsense.”

“Nobody makes anyone go to those trucks; nobody makes anyone go to a restaurant. It’s a choice – freedom of choice,” she said, prompting Al McGinnis to respond in agreement.

"We should stay out of it," he said. "I think Rose Mary is right.”

In the end, Council approved the application but instructed Moore and Pacino to address Kemp’s email as a courtesy to the BID, an entity with close ties to the City.

Press release:

Assemblyman Steve Hawley today confirmed that the report regarding the Common Retirement Fund being diverted to balance the budget or pay bills was incorrect.

Following rightful concern that individuals would begin to lose their retirement investments to a state spending spree in the efforts of curbing short-term financial struggles, Hawley wants to make it clear that no such risk is present.

“With what seems like crisis after crisis occurring during these past many weeks, I was as concerned as the people of my district that we were headed for yet another batch of bad news,” Hawley said. “Thankfully, it appears that in this instance, the messaging was simply unclear.

"The $50 million is really being used as a revolving loan program with all funds being paid back. I hope people can breathe a bit easier with this clarification.”

It is important to note that this is not the first time the Common Retirement funds are being used this way. The Comptroller’s office and the Common Retirement Fund have a long relationship with Pursuit having provided business funds for more than 1,000 qualifying New York businesses in all 62 counties to retain jobs and expand.

The fund’s allocation to Pursuit redirects a large portion of the existing available loan program funds to address the COVID-19 crisis.

In regard to the initial question of funds being diverted from retirement savings, the state Comptroller’s office has confirmed that "…The Common Retirement Fund's investment portfolio is very diverse and consists of stocks, bonds, ETF's and even loans. The Comptroller is viewing this funding the same way it views it's other holdings, as an investment."

For those looking for the Comptroller’s original release on the matter, click on the link here.