Genesee County central school districts have sent their reopening proposals to the Gov. Andrew Cuomo’s office and to the New York State Education Department.

It must be noted that the governor ultimately will determine whether or not schools may reopen. He is expected to announce his decision sometime next week.

Complete reopening plans can be found on the schools’ websites. All plans must comply with guidelines set forth by the state Education Department, Center for Disease Control, Genesee County Health Department and the governor’s executive orders.

The Batavian posted the Batavia City School District’s hybrid reopening plan on Tuesday.

ALEXANDER

Superintendent Catherine Huber said the district is proposing a hybrid reopening plan, based on the building capacity and in alignment with the aforementioned guidelines.

It includes designating Wednesdays as a virtual day for all students “to allow us to engage in scheduled deep cleaning on a weekly basis in addition to our regular daily cleaning routine.”

• Prekindergarten through fifth grade – Monday, Tuesday, Thursday and Friday in school.
• BOCES CTE – Monday and Tuesday at BOCES, Thursday and Friday in school.
• Sixth through eighth grade – Monday and Tuesday in school, Thursday and Friday virtual.
• Ninth through 12^th grade – Monday and Tuesday virtual, Thursday and Friday in school.
• Special education/English language learning – Monday, Tuesday, Thursday and Friday in school.

BYRON-BERGEN

Superintendent Mickey Edwards released the B-B plan, which (like Alexander’s plan) divides students into five groups – one with 100-percent in-school learning, three with a combination of in-school and remote learning and one with 100-percent remote learning.

• Universal Prekindergarten through fifth grade (elementary school) – All students in school.
• Cohort 1, sixth through 12^th grade – Students with last name A-L – Monday and Tuesday in school; Wednesday through Friday remote learning.
• Cohort 2, sixth through 12^th grade – Students with last name M-Z, Monday through Wednesday remote learning; Thursday and Friday in school.
• Cohort 3, sixth through 12^th grade students with special considerations – Every day except Wednesday in school.
• Virtual Cohort, K-12^th grade – 100-percent remote learning for students whose parents have opted not to send their children back to school.

ELBA

Superintendent Ned Dale said his committee “collectively agreed that the safest plan would be to have 50 percent of the students come every other day.”

He said the goal is to review the wellness of our students and staff on Oct. 1 and then every two weeks after that to increase capacity.

Two groups of students, Maroon and White, have been established based on last names to “allow them to sit on the bus together, possibly sit at a cafeteria table together, as social distancing is not required with members of the same household.”

Dale said that a 50-percent model will allow students to not wear a mask when they are seated in the classroom. He also noted that districts are required to accommodate students and families that choose to do distance learning and that students with special needs may be required to attend more often.

LE ROY

Superintendent Merritt Holly advised that the district has formulated a hybrid plan model, dividing the students from kindergarten to 12^th grade into two groups – Team Jell-O, which will be in school on Monday and Tuesday, and Team Oatka, which will be in school on Thursday and Friday.

Wednesday has been set aside as a full remote or virtual learning day for all students.

• Team Jell-O – Monday and Tuesday in school; Wednesday through Friday, remote learning.
• Team Oatka -- Thursday and Friday in school; Monday through Wednesday, remote learning.

“This allows us to have half our student population (in school) on Monday/Tuesday and Thursday/Friday,” he said, adding that if parents don't feel comfortable sending their child back to school, the district is offering remote learning five days a week.

He said parents can choose one option for their child, either in-person instruction on two days, remote three days OR full remote five days.

The reopening plan is divided into the following categories as recommended by the state Education Department and Department of Health -- communications, operations, health & safety, transportation, food service, facilities/building procedures, academics/schedule, social emotional learning, athletics/extracurriculars.

OAKFIELD-ALABAMA

Superintendent John Fisgus said the plan is to have 100-percent in-person learning and teaching for the fall.

The start of classes is delayed until Sept. 11 for extra training and guidance for staff. Fisgus said that this is made possible by utilizing two additional superintendent conference days at the beginning of the year.

“We are in a lucky spot that we can social distance our students while in the classrooms so students can remove their masks during instruction time,” he reported.

The O-A reopening plan is divided into seven categories – communications, operations, health/safety protocols, building procedures, academics, athletics, social/emotional supports.

PAVILION

Superintendent Kenneth Ellison said the school’s reopening committee hasn’t reached a final decision on which of the three options submitted to the state – in-school, remote learning or a mix of the two – will be set into motion at the outset of the school year.

“We will continue to work on what school will look like in September once Governor Cuomo makes his final decision on school reopening on August 7^th,” he said. “Despite the scope of the state Education Department document, we still have many logistics to sort out to strike the balance between offering a program that is both educationally strong and meets the numerous health and safety requirements dictated by the state.

Ellison noted that the state Education Department defines these plans as “living documents” so changes will be made as new information becomes available.

PEMBROKE

Superintendent Matthew Calderon reported that the district is giving all K-12 parents the option for 100-percent online/remote learning or in-person learning, with the district set to send parents a summary of the details in an automated message before the plan is posted to its website.

He issued the following information:

• Students who participate in 100-percent online/remote learning must commit to do so at least on a quarterly basis, and will use the Google Classroom Suite and ClassTag to participate in lessons and receive information about learning expectations.
• Students who participate in-person will follow a normal schedule. Teachers will use the Google Classroom Suite and ClassTag to enhance the learning experience for students who attend in person. The district will rearrange classroom spaces and use clear desk shields to maximize social distancing and reduce the need to wear masks.
• By using the Google Classroom Suite and ClassTag, the district will be prepared to quickly transition to a hybrid/alternating-day schedule and/or 100-percent online/remote learning for all, if needed. In such cases, students with disabilities and students with extenuating circumstances would be prioritized to continue with in-person learning to the fullest extent possible, if permitted.

Press release:

Congressman Chris Jacobs (NY-27) has been officially appointed to the House Agriculture Committee.

“Agriculture is immensely important to both our Western New York community and economy, and I am honored to represent our great family farms in Congress,” Jacobs said. "Right now, my focus is on ensuring our farmers have the resources needed to continue their important operations providing food for families during this challenging time, but I am also looking toward the future to develop policies that allow for future generations of farmers to thrive in Western New York."

A major need in the Western New York community is improving access to rural broadband. The Agriculture Committee currently oversees this area and is tasked with developing ways to provide reliable expanded coverage.

“I have been a vocal advocate for the need for greater broadband access in our area, not only do our farmers and their machinery rely on it, but it is also critical for small businesses, students, and telehealth services – which have become increasingly important," Jacobs said. "While I fight for our great farming industry, I will also be working to improve the lives of all Western New Yorkers by addressing this critical need."

A driver is unresponsive in Darien after an accident at 10805 Harlow Road. The caller to dispatch says the vehicle is off the roadway; a first responder says it's partially blocking traffic. Darien fire and ambulance and Mercy medics are responding. Mercy Flight is on ground standby.

UPDATE 1:12 p.m.: EMS on scene reports the operator is possibly intoxicated. Mercy medics and Mercy Flight put back in service. A Sheriff's deputy is responding.

UPDATE 1:24 p.m.: Darien ambulance is put back in service.

A motor-vehicle accident with injuries is reported in the area of 7469 Bank Street Road, Elba.

Elba fire and Mercy EMS dispatched.

Initially, Mercy Flight was placed on standby but a first responder on scene reports both drivers are out of their vehicles and walking around. Mercy Flight is canceled.

A responding police officer is advised to be on the lookout for a white pickup truck, possibly a Chevy, that may have caused the accident.

UPDATE 8:05 a.m.: Fire police requested for traffic control.

Update: July 31, 1 p.m. -- Genesee County Manager Jay Gsell responded to Amy Hathaway's comments regarding the lack of county funding for children of families receiving assistance from the Department of Social Services. Gsell's statement is at the bottom of this story.

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

With the COVID-19 pandemic showing few signs of letting up and with some school districts making plans to reopen with both in-school and at-home learning, day care center operators are facing new challenges as they strive to keep their businesses afloat.

The Batavian reached out to several child care centers in Genesee County and was met with concerns over issues such as hygiene and social distancing, Payroll Protection Program loans, school day schedules and teaching requirements, and the lack of Genesee County’s support for lower-income families in need of day care services.

At Kelly’s Imagination Station, which has three locations in Genesee County and three in Erie County, activity is picking up – although the Robert Morris branch on Union Street in Batavia is temporarily closed.

However, at Little Guppies Childcare in Bergen and Precious Play Care in Darien Center, the recent going has been rough for a variety of reasons.

The Genesee Community College Association Child Care Center also has been closed since mid-March (once classes were canceled due to the coronavirus) but will be opening in about three weeks.

And at the Genesee Area YMCA, officials said they currently are offering a summer camp for families needing child care, but aren’t sure what will be available going forward.

KELLY’S IMAGINATION STATION

Enrollment is nearly at capacity at the facility at 5079 Clinton Street Road, said director Jessie Steffenilla, adding that Kelly’s took over the former Grandma’s Loving Care in May 2019.

“We’re pretty much a full house, with over 100 kids (the maximum is 112) enrolled at this location,” she said. “As far as staffing, we still have from my location five people that are furloughed but probably by September, they all will be back and we may even add staff.”

Steffenilla said her company accepts children from 6 weeks to 12 years old and the ratio of staff to children ranges from 1:4 in the infant classroom to 1:10 for school-age attendees. All of the classrooms typically have two teachers, she said.

Kelly’s Imagination Station has set up a system for families of school-age children in the Batavia City School District to provide a learning environment, Steffenilla said. The Batavia district announced it is looking to go with a “hybrid” schedule of two days in school and three days out of school for most of its students.

“We are hiring bachelor degree teachers to run our school-age classrooms at all of our locations so they can do literacy throughout the day, and provide open art and gym with our outdoor playground,” she said. “And we will have instruction time, with the availability to get the kids on their Zoom meetings with Wi-Fi here -- that we would be willing to upgrade if needed.”

As with most child care businesses, Kelly’s provides lunch, breakfast and snacks – included in the tuition cost.

All three Genesee County sites have protocols in place to deal with COVID-19, Steffenilla said. They include: hand sanitizing upon entry into the vestibule; teachers wearing masks at all times when they’re in the classrooms with children; frequent hand washing; maximum group sizes of no more than 15; sending kids home if they have temperatures over 100; and visitors having to answer questions pertaining to the coronavirus.

Steffenilla said there have been no cases of the virus at any of their locations. Her sister, Emilie, runs the center on Tountas Avenue in the Village of Le Roy, which currently is serving about 40 children (out of a maximum of about 70).

Jessie Steffenilla said the Robert Morris site is expected to reopen on Aug. 17. She said it had closed because many families, due to the pandemic, were not in need of child care, while those that did, moved their kids over to Clinton Street Road.

LITTLE GUPPIES CHILDCARE

Amy Hathaway, owner of Little Guppies Childcare on Rochester Street in Bergen for the past nine years, said a decision by the Genesee County Department of Social Services to not issue DSS payments to daycare providers has put her in a real bind.

“In my center, I had every family except the families that needed DSS to help them with child care costs pay full tuition even though their child wasn't here,” she said. “It was an option for Genesee County to pay providers, but they chose not to, although Erie County did pay their providers. I lost a thousand dollars a week because of this.”

Hathaway said she accepted these students because she wanted “to provide a great program to families that might otherwise not have access to one.”

“Instead of helping child care centers stay in business, they took funding from us,” she said, providing a letter from DSS that stated the county commissioner and director of financial services decided “to waive the family share and to give additional time to families who were having to recertify for daycare assistance during the pandemic.”

Hathaway said she was able to stay open only because of a Payroll Protection Program loan.

“It is upsetting because this decision could have closed my doors,” she said. “I am still struggling but I have had a few of the DSS kids return to care. At a time when child care is so crucial. this type of decision making is unacceptable.”

Currently, her staff of eight is taking care of about 40 children (maximum is 45).

She said she is working with parents to allow students to do their school work online at the center, with her staff providing educational assistance in a situation where the student’s particular school has opted for a virtual or hybrid schedule.

“We’re just hoping that (federal) aid starts picking up because I know everyone is looking to try to help child care, and it’s just a bummer that our county didn’t help us,” she offered. “I have been doing a lot of tours, and see that a lot of daycare centers are closing because I would imagine, they’re not getting payments.”

Hathaway said that a nearby child care center – All Natural Kids – recently closed.

PRECIOUS PLAY CARE

At Precious Play Care on Broadway Road in Darien Center, owner Kim Alvord said business has decreased by 75 percent and currently the center is functioning at about 30 percent of its normal capacity.

“We have 64 children enrolled, but today there are 20,” she said, explaining that the decline is partly because of COVID restrictions but mostly because both parents have yet to return to work.

Operating for 28 years, Alvord said the center services people from well beyond Genesee County.

“We have (preschool) children from all over depending upon people’s way (route) to work,” she said. “We have people from Royalton, but they work in Alden and some people who work in Brockport but live in Erie County. They bring their kids here because we’re on the way.”

Alvord said her center’s school students’ program is only for holidays and before and after school.

“They take the bus from the child care center to school and back here after school,” she said. “We’re not set up for students all year as we do not have internet; we’re not teachers.”

She said she is thankful that she qualified for PPP and Small Business Administration loans, but is worried that she may have to pay the SBA loan back.

“I haven’t found out the details yet,” she said, noting that she has 12 employees to consider. “I’m trying to keep my doors open for people. During the whole thing from March, we had about 16 kids – children of essential workers. It will take a couple of years to catch up for sure.”

GCC ASSOCIATION CHILD CARE

Closed in March due to low enrollment, the Genesee Community College Child Care Center will reopen on Aug. 24, placing a priority on serving children of its students but also for faculty and community residents, Director Kayleen McEwan said.

“We accept children from 6 weeks to 5 years old, preschoolers, and we have space available,” McEwan said, adding that she can accommodate 50 children per day. “It’s much lower at this time because of the virus.”

McEwan said child care centers already have strict health and safety guidelines in place, meeting the Centers for Disease Control guidelines. “We’re constantly sanitizing and cleaning,” she said.

She said the center employs 10 full-time teachers who “all are eager to get back to work.”

GENESEE AREA FAMILY YMCA

Jeff Townsend, district executive director, said employees there are taking a wait-and-see approach as school is about to restart.

“At this point, the YMCA intends to offer child care this coming fall if permitted by the governor’s mandates to schools and within the approved regulations from OCFS (Office of Children and Family Services), the state regulatory agency for child care,” he said. “Unfortunately, at this time, we are in the waiting game for those decisions to be made.”

Townsend said that once final decisions are made, the YMCA will let people know what child care offerings it can provide in the districts it serves.

Normally, the YMCA offers its day camp before and after school and a “vacation fun club” for days when school is not in session.

The director of the Agri-Business Child Development on Brooklyn Avenue in Batavia did not return an email seeking comment.

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

From County Manager Jay Gsell:

Genesee County DSS did under NYS Department of Health guidance grant two waivers for day care center/DSS eligible children attendance in regard to eligibility deadline extension and the family share contribution which is more than some other local rural county DSS agencies did. In our Family services plan that NYS approves, waiver options like what Monroe or Erie did on payments without attendance was also an option but our Genesee County DSS didn’t have any supplemental funding like Erie and Monroe got from the federal CARES Act 1/2 to the tune of over $100 million each, which only five to six NYS counties with populations over 500,000 were eligible for and Community Development Block Grant entitlement cities like Buffalo and Rochester.

Press release:

By Tim Bojarski, for Batavia Downs

The 2020 racing season got underway at Batavia downs on Wednesday (July 29) with owners only on hand to watch the action. But absent a crowd and the usual fanfare, the horses showed up and took full advantage of a lightning-fast track.

A pair of $10,000 Open events headlined the card and the winner of each took a new seasonal mark for their efforts.

In the Open I trot, Il Mago (Jim Morrill Jr.) proved he was the best on the grounds this week after making every step from gate to wire a winning one.

Morrill shot Il Mago off the gate and to the front and the race could have been called at that point. Trotting like a loose horse on the point, Il Mago went quarters of :28.1, :57.1 and 1:26 flat, while extending his lead at each station. With only Chuckabuck (Drew Monti) remotely close, Il Mago was up by 3-1/2 at the top of the stretch and rolled home in front by 4-1/4 in 1:56.3.

It was the third win in the last four starts at three different tracks for the classy Il Mago ($2.80) who now has 49 career wins and $869,373 in earnings. The son of Kadabra-Northern Style is owned by Mike Torcello and trained by Gerry Sarama.

The fillies and mare Open I was also contested Wednesday and Julio’s Girl (Dave McNeight III) upset the apple cart for the second straight week.

HP Sissy ( Jim Morrill Jr.) left best and Lady London (Ray Fisher Jr.) followed while the rest of the field followed in post position order. After HP Sissy got to the half in :56.3, McNeight pulled Julio’s Girl first over entering the third turn and started the outside grind toward the leader. After a quarter-mile in the breeze, Julio’s Girl got even with HP Sissy at the top of the stretch and then paced clear down the lane to win by a length in 1:54.2, holding off a late rush from Protect Blue Chip (Billy Davis Jr.) and Gia’s Surreal (John Cummings Jr.) in the process.

After returning $33.60 in victory last week, Julio’s Girl blew up the tote board again in her seventh win of the year and rewarded her backers with $35.20 this week at Batavia. Julio’s Girl is owned by William Emmons and is trained by Jim Clouser Jr.

Jim Morrill Jr. had the hot hand in the bike on opening night, scoring a grand slam during the evening. Besides the already mentioned Il Mago, Morrill also won with Lyra (1:55.2, $4.90), Leaderofthepack (1:59.4, $4) and Edom Up Blue Boy (1:58.4, $2.30).

Dave McNeight III and Billy Davis Jr. also had productive nights, getting three wins each on the card.

Trainers Gerry Sarama and Jim Clouser Jr. led all conditioners with two wins apiece.

Racing resumes at Batavia Downs on Friday (July 31) with post time at 5 p.m.

A caller to dispatch reports about six or seven children are jumping off the new pedestrian bridge on Walnut Street, and into the Tonawanda Creek. City police are responding.

UPDATE 5:36 p.m.: An officer just arrived on scene.

From the YMCA of Genesee & Orleans Counties:

Jeff Townsend, executive director of the YMCA of Genesee & Orleans Counties, is calling for public support in asking Governor Andrew Cuomo to let nonprofit organizations, like the YMCA, resume using their facilities to support the health and well-being of the communities they serve.

He wants you to sign this petition to let Governor Cuomo know that communities need their YMCAs to open fully to support the health and well-being of New Yorkers.

"For hundreds of communities across New York, the Y is so much more than gym," Townsend's missive says. "The Y works with vulnerable populations to improve health outcomes, build immunity and reduce the impact of underlying conditions that make individuals more susceptible to COVID-19.

The programs Ys are not able to offer while our facilities are closed include:

• Arthritis Management Programs
• Blood Pressure Self-Management Programs
• Brain Health Programs to Prevent Cognitive Decline
• Cancer Wellness and Treatment Recovery
• Cardiac Rehabilitation Programs
• Diabetes Prevention and Management
• Family Wellness
• Obesity or Weight-loss Intervention
• Inclusive Programming for People with Different Abilities
• Programs for People an Caretakers of Those with Parkinson's Disease

Townsend continues by saying Governor Cuomo's decision to prohibit YMCAs from reopening their membership facilities in Phase 4 jeopardizes the economic viability of one of New York State's largest nonprofit organizations and employers: "While our communities generously support the Y through donations and grants, the Y's membership operations are the primary source of funding for its community work."

To date, New York's YMCAs have lost more than $117 million in membership and program revenue due to the government's mandated closures and capacity restrictions.

Unfortunately, these growing losses hinder the Y's ability to positively impact the health and well-being of more than 1.5 million children, families, and seniors who rely on the Y for everything from childcare and meals, to housing and human interaction, according to Townsend.

Ready to Reopen

YMCAs across the state have worked together to ensure that they are reopening in a safe and responsible manner.

Since closing membership operations in March, YMCAs have renovated their facilities, enhanced cleaning protocols, and physically redesigned spaces in order to create an environment that exceeds the health and safety guidelines from the CDC and State Department of Health. During all these changes, the Y continued to serve the needs of communities across New York State.

Open for Good

While our membership operations have been closed, the Y has continued to safely serve communities throughout the State of New York:

• 2,500 children of essential personnel served each day at childcare centers during the pandemic;
• 3,000 children served at YMCA Summer Programs;
• 30,400 calls and visits to vulnerable populations to check on their health and deliver food or goods;
• 128,302 meals provided through a variety of food programs and distribution centers.

Safe Today, Safe Tomorrow

The Y has served thousands, safely, during the pandemic. It is clear that YMCAs can run safely and responsibly. Communities needs the Y, and it needs your help to make sure the Y can continue to serve our community today, tomorrow, and for years to come.

Press release:

New Cases – As of 2 p.m.

• Genesee County received two new positive cases of COVID-19.
  • The new positive cases reside in Batavia and Le Roy.
  • One of the individuals is in their 40s and one of the individuals is in their 50s.
  • Neither of the individuals were on mandatory quarantine prior to testing positive.
  • Three new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized. 
     
  • Orleans County received one new positive case of COVID-19.
    • The new positive case resides in Gaines
    • The individual is in their 40s
    • The individual was not on mandatory quarantine prior to testing positive.
    • One new individual is on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.

Press release:

Western New York Independent Living (WNYIL) has addressed the needs of youth with disabilities by establishing a Youth Peer Advocacy Program.

To allow anyone who might be interested in getting to know the Program without leaving home, they are holding a Youth Peer Virtual Open House via the GoToMeeting online app, from 6 to 8 p.m. on Thursday Aug. 6.

Like others their age, young people with disabilities have questions and would appreciate getting honest and transparent answers – and who better than young people who also have disabilities to provide them? 

Attendees will be able to meet Young adult peers from the disability community, learn its current and planned activities, and offer suggestions for its future direction by joining the Youth Advisory Council. There will also be opportunities to win prizes and participate in a Question and Answer session.

There is no need to register in advance. On the Youth Peers at WNY Facebook page there is a larger flyer with a scannable QR (Quick Response) code square to connect easily. For those who cannot scan, the direct link to the virtual gathering is here.

Those with any questions can reach out to the Program by emailing youth@wnyil.org, or calling (716) 836-0822, ext. 540.

The Western New York Independent Living Inc. Family of Agencies offer an expanding array of services to aid individuals with disabilities to take control of their own lives.

Press release:

U.S. Senator Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced $3,351,732.05 in federal funding to fire departments across New York State to enhance departments’ response capabilities and to help them more effectively protect the health and safety of the public.

The funding was allocated through the U.S. Department of Homeland Security’s (DHS) Federal Emergency Management Agency (FEMA)’s Assistance to Firefighters Grant (AFG).

The City of Batavia is set to get $68,880.95.

“From the peak of the pandemic to normal times, our brave firefighters are always on the front lines, risking their lives to protect their communities,” Senator Schumer said. “These courageous firefighters deserve all the federal support possible to help them do their jobs.

"I’ve fought my whole career to bring more federal resources to support our brave firefighters, and I’m proud to deliver this funding so New York’s fire departments have the resources and equipment to do their jobs and make it through the ensuing economic crisis.”

Senator Gillibrand said “Every day, first responders face dangerous conditions to protect our communities, and we must provide them with the resources needed to stay safe on the job during this health crisis. I am proud to have fought for this critical funding in support of New York’s local fire departments.

"These federal dollars will help offset costs from the COVID-19 emergency and modernize equipment that will protect our firefighters’ health and safety as they do their jobs. I will always fight in the Senate for the resources that our firefighters need to save lives.”

The senators explained that the funding comes as localities face budget shortages and consider staff cuts, including in fire departments. Schumer and Gillibrand said the funding announced today will go directly to fire departments, nonaffiliated Emergency Medical Services (EMS) organizations, and state fire training academies.

A chart with the AFG breakdown appears below:

Organization Name

City

Funding Amount

Middleburgh, Village of

Middleburgh

$163,000.00

Troy, City of

Troy

$399,457.64

Watervliet, City of

Watervliet

$458,093.29

Greenville Fire District

Scarsdale

$82,599.31

Southwood Volunteer Fire Department Inc.

Jamesville

$40,735.24

New Rochelle, City of

New Rochelle

$159,090.91

Hornell, City of

Hornell

$174,384.76

Coopers Plains-Longacres Volunteer Fire Company Inc.

Coopers Plains

$120,000.00

Poughkeepsie, City of

Poughkeepsie

$33,181.82

Syracuse, City of

Syracuse

$488,195.45

Dundee Village

Dundee

$154,285.71

Fulton, City of

Fulton

$26,505.71

Dewitt Fire District

Syracuse

$64,065.45

East Worcester Hose Co. 1

East Worcester

$24,376.19

Watertown, City of

Watertown

$80,138.18

Lancaster, Village of

Lancaster

$255,171.43

Otter Lake Fire Company Inc.

Forestport

$92,406.67

Oswego, City of

Oswego

$176,206.67

Fulton, City of

Fulton

$86,468.18

Worcester Hose Company Inc.

Worcester

$76,190.48

Tully Joint Fire District

Tully

$89,516.19

Batavia, City of

Batavia

$68,880.95

Auburn, City of

Auburn

$38,781.82

James William Cason, 64, of West Main Street, Batavia, is charged with second-degree aggravated harassment. At 11:42 a.m. on July 24, the Genesee County Dispatch Center received a report of a harassment at an address on West Main Street in the Town of Batavia. Following an investigation into the incident, Cason was arrested for allegedly threatening harm to another person because of a belief regarding their race, color and nationality. He was arraigned in Batavia City Court July 29 and an order of protection was issued for the victim. He was released and will be scheduled to appear in Town of Batavia Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Wilson.

Jacob L. Hernandez, 25, of Lewis Place, Batavia, is charged with second-degree harassment -- physical contact and two counts of second-degree harassment -- following a person. Hernandez was arrested on July 24 on an arrest warrant out of Batavia City Court. He is accused of following a person and striking another at 8 p.m. June 21 on Lewis Place in Batavia. He is also accused of failing to comply with court-ordered programs. Hernandez was processed at Batavia Police headquarters and released with an appearance ticket for July 28 in city court. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Booker T. Ricks III, 48, of North Lyon Street, Batavia, is charged with endangering the welfare of a child. Ricks was arrested after an incident on North Lyon Street at 7:47 p.m. July 18 where a child was allegedly left unsupervised and was found hanging out of a window at the residence. Ricks was released on an appearance ticket for Oct. 21 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Mitchell Cowen.

Jose A. Rivera, 34, of Swan Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary. Rivera was arrested at 5:59 a.m. July 27 at an apartment on Swan Street in Batavia and allegedly being found in the presence of a protected person who had a stay away order of protection against him. He was arraigned in Batavia City Court and put in Genesee County Jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. He was due back in court that morning at 11 a.m. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Joshua Girvin.

Lyndsay T. Young, 37, of Ross Street, Batavia, is charged with attempted assault in the third degree. Young was arrested after an investigation into a domestic incident that occurred at 7:13 p.m. July 18 on MacArthur Drive, Batavia. Young was released with an appearance ticket returnable to Batavia City Court on Oct. 20. The case was handled by Batavia Police Officer Sean Wilson.

Amy A. Potrzebowski, 34, of Burke Drive, Batavia, is charged with: leaving the scene of a property-damage accident; driving while intoxicated -- two previous convictions within 10 years; and moving from lane unsafely. Potrzebowski was arrested at 9:39 p.m. July 17 on Richmond Avenue in Batavia following an investigation into a motor-vehicle accident. Potrzebowski was issued traffic tickets and is due in Batavia City Court on Nov. 4. The case was handled by Batavia Police Officer Stephen Cronmiller.

Devon A. Wright, 18, of Batavia, was arrested at 8:15 p.m. on July 24 on two outstanding bench warrants out of Batavia City Court. One warrant was for failure to pay a fine in connection with his conviction on: second-degree harassment; fourth-degree grand larceny; endangering the welfare of a child; and attempted grand larceny in the fourth degree. The other warrant was for failure to appear in court to answer a charge of second-degree criminal contempt. Wright was observed traveling in a vehicle in the area of State Street by Batavia Police officers Hedges and Borchert, who are assigned to the area on a special Neighborhood Engagement Team (NET) detail. Wright was taken into custody by officers Tucker, Hedges and Borchert on North Street in the city without incident. He was arraigned in city court and put in Genesee County Jail without bail to appear in city court at a later date.

Patricia A. Herzog, 53, of East Main Street, Batavia, is charged with trespass. At 3:23 p.m. on July 20, Herzog was arrested after allegedly entering a business on East Main Street that she is banned from. Herzog was issued an appearance ticket and is due in Batavia City Court on Oct. 20. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

From the Genesee County Office for the Aging:

There is now a waiting list for the Senior Farmers’ Market Coupons.

Please call 343-1611 to be placed on the list. You will be informed of the date and location of when we will be handing them out.

If you have mobility concerns, you may send another person on your behalf. Please provide this person with a note. 

You must be on the list to receive a booklet of coupons.  

First come, first served.

Walk-ins at Office for the Aging on Bank Street in Batavia will not be accepted.

Press release:

Yesterday, President Trump recommended that Americans listen to the advice of a doctor, Stella Immanuel, who claims to have a cure for COVID-19: hydroxychloroquine," said Nate McMurray, Democratic congressional candidate for NY-27.

"The medical community at large, including Dr. Anthony Fauci, the FDA, and randomized experiments have all indicated that hydroxychloroquine is ineffective, and sometimes dangerous when used to treat COVID-19.

"But that has not stopped the President from promoting it. This supposed doctor has also advised against wearing masks and warned about some 'vaccine' that would make us less religious. Worse yet—she has a history of mixing complete conspiracy and mythology into her medical advice—talk of demons, witches, and aliens. Yet Trump still called her 'very impressive.' "

Chris Jacobs, after tightly tying himself to Trump, has remained silent on this and many other issues. Since the Special Election, Jacobs has remained mute on this and many other outrageous or offensive comments by the President, hiding behind a team of spokespeople.

“He’s practicing a sort of à la carte Trumpism," McMurray said. "He wants to take what benefits him politically and ignore the conspiracy, lies, and failures. Tens of thousands of people are dying. Americans are banned from traveling to most countries. Trump’s handling of the virus is a historic fiasco, and the people of Western New York want leadership, not some flip-flopper.”

McMurray has echoed the warnings of doctors and scientists since January and has offered recommendations for achieving best practices on testing and tracing for months. Unlike Jacobs, if elected McMurray would be advocating for a national testing plan, resources to stabilize and sustain NY-27’s rural hospitals, and responsible allocation of federal funds for state and local governments, families, and small businesses.

“The press, our campaign, and the voters will hold Jacobs accountable for his poor judgment and bad acts, like voting against sick pay for COVID-19 patients, spreading misinformation during the pandemic, and not holding the President accountable when Americans are dying,” McMurray continued. “The President claimed to have ‘researched’ my record before lying to the people of Western New York. For America’s sake, I wish he would research these quack doctors that are putting all of our lives at risk with their misinformation.

"Jacobs’ father was a highly respected medical professional — head and shoulders above the likes of the strip mall snake oil salesmen that Trump promotes. I implore Jacobs, Trump, and all Americans to listen to the true experts and to reason. The real tragedy is that so many of the deaths occurring now are completely avoidable.

"We could manage this virus until there is a vaccine, but our President and Jacobs have abandoned science for party politics. They have chosen talk of aliens, witches, and demons, instead of leadership and solutions for the American people."

Batavia Development Corporation board members this morning sounded off about the lack of security and activity at the former Soccio & Della Penna/Santy’s Tire Sales property on Ellicott Street that has been designated as the site of the proposed Ellicott Station mixed-use redevelopment project.

Initially announced to the public in March 2016, Ellicott Station is a $22 million project of the Savarino Cos., of Buffalo, headed by CEO Samuel J. Savarino. Plans call for mitigation of the three acres in the City’s Brownfield Opportunity Area, followed by construction of a 55-unit apartment complex, restaurant, beer garden and brewery.

The venture has received funding ($425,000) from Batavia’s Downtown Revitalization Initiative award and also has been approved for $3.6 million in tax abatements from the Genesee County Economic Development Center.

At today’s BDC meeting via Zoom, Board Member Pier Cipollone reported that the site is not secure and safe while fellow Board Member Steve Pies questioned why at least “one little thing” hasn’t been done to improve or clean up the property.

“I was driving by the Ellicott Station property and I noticed that the gate -- it looked like someone had knocked it through, and there were five young kids at the back of the building, the garage building,” Cipollone said. “One appeared to be trying to jimmy a window and a bunch of others were throwing stones at the top of the building.”

Cipollone said he called police, but did so “more from the position of the … building might fall on them, more than the damage to the building.”

He asked Andrew Maguire, director of economic development, to contact Savarino to secure the property.

“It’s not a safe site right now, especially for kids,” Maguire said. “The last thing we want is somebody to get hurt over there, (and) that’s why it should be closed up and secured properly.”

Maguire said he will contact Courtney Cox, project manager for Savarino Cos., and ask him to fix the gate and make sure it is locked to keep people out.

Pies said Batavia residents deserve to see some activity on the site, considering that more than four years have passed.

“So, obviously we have a new biking trail now (Ellicott Trail), which is awesome, in our community, which literally goes right by that building. I think it’s safe to say we’re in many overtimes right now with this project,” Pies said. “I never want to sound naïve because I know it’s a marathon, not a sprint; I know they all wait for the money and I know COVID and everything else, but if I’m not mistaken, Sam has verbally said, ‘This is my property and am fully committed. I still have to wait for the money, but I am still going forward regardless.’ ”

Pies said all he is looking for is a reason for people to feel confident that the project is still in the works.

“We’re asking for some little things that would go such a long way in this community – like freshening up something or doing one little thing,” he said. “And the fact that he doesn’t seem to do one little thing, when he’s completely, verbally supposedly committed and invested fully, I think at this point, it’s so questionable. Is that a fair statement, in your opinion?”

Maguire said it was a “fair statement” and promised to set up a meeting with Cox.

“Typically, in the development world you don’t see a lot of action until financing is secured,” Maguire said. “Regardless, could we see some action? I hope so.”

Acting City Manager Rachael Tabelski said her staff is taking a close look at some of the agreements with Savarino, including documentation concerning an easement for the storm sewer – or grand canal – that runs under the property.

“(That’s) one of the other things that makes the development even more challenging – even more challenging than developing in a flood zone, and we just had that document updated and executed,” she said. “In terms of engagement, when we do need something and we want to work with them, (we expect that) they’re there and willing to work with us. We’re getting that on file.”

She also said the COVID-19 pandemic has put a hold on grant announcements. Savarino has been waiting to hear about his application for funding through the New York State Office of Homes and Community Renewal.

“Whatever is happening with grant programs and HCR, specifically, which is the one they’re waiting on, COVID has put us behind any type of announcements like that,” Tabelski advised. “We’re all kind of in this together waiting.”

Maguire said progress is being made despite no actual construction.

“Obviously, we don’t see dozers out there and now, after hearing what Pier had to say, apparently the fence needs to be relocked,” he said. “I will reach out to Courtney and maybe schedule a meeting next week and we can sit down and dive into this a little bit further to see what their plans are, their projections and time frames, what they’ve done, what they need. They are committed to this project.”

Cipollone left the board with a “reminder” that Savarino assured the City Planning & Development Committee after receiving planning approvals that he would secure the buildings.

“He also gave me a verbal commitment as we were walking out of the building – ‘I will board up the windows, I will start demolition on the garage,’ ” he said. “And that’s the first thing he has to do because it is physically sitting on two separate pieces of property – on the property line.”

       Colleen Nelson

A 15-year employee of Oliver's Candies attacked another employee with a knife yesterday afternoon and has been charged with attempted murder in the second degree.

The victim, a 59-year-old employee, suffered only minor injuries in the attack.

Owner Jeremy Liles said nothing seemed to precipitate yesterday's incident and there was no indication the woman would become violent.

State Police were called to the Oliver's location in Elba, where Oliver's runs the Sweet Life Country store on South Main Street and a production facility, for a report of a stabbing.  

Liles was not present during the incident but based on talking with employees and reviewing security footage, it appears the woman took a shop knife and randomly attacked the victim.

Nobody else was hurt in the incident.

"My crew did a phenomenal job," Liles said. "They remained calm. They got everyone out of the building, going person to person telling people to get out. It was a stressful situation and everyone remained calm. It was actually the person who got stabbed who started telling everyone to get out. He was a true leader. He made sure everyone got out of the building.

After the stabbing, the suspect threw the knife in the garbage, Liles said.

Troopers arrived on scene swiftly and took the woman into custody without incident.

"The whole thing was over pretty quickly," Liles said.

Colleen L. Nelson, 49, of Alabama, was taken into custody and besides the attempted murder charge, was charged with attempted assault in the first degree and criminal possession of a weapon, 4th.

State Police described the knife as "large."

Following arraignment, Nelson was ordered held by the Genesee County Jail.

Families who may have been defrauded by Michael S. Tomaszewski when they purchased prepaid funeral arrangements may want to consult with an attorney who is an expert in bankruptcy if they wish to recover any lost funds, according to a law school professor from the University at Buffalo.

S. Todd Brown is the vice dean for Academic Affairs for the UB School of Law and teaches bankruptcy law at the school.

"They would need to talk with someone to make sure their interests can be protected in the bankruptcy," Brown said. "I suspect there are lawyers who have been going around talking to different people, some people have probably already reached out to an attorney. This is an incredibly complex area of law."

Tomaszewski, both personally, and his company Acme Holdings of N.Y. filed for bankruptcy in Federal Court Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, 4th, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits form customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

That is a sum of money that people might expect a criminal court judge be repaid to victims once the defendant is convicted but it doesn't necessarily work that way, Brown said, when the criminal defendant has also filed for bankruptcy.

In general, bankruptcy allows an individual to discharge debts and get a fresh start. For businesses, Chapter 11 is a chance to reorganize debts. The judge may help the creditors and debtors work out a repayment plan that lowers the debt burden or if assets are liquidated, the bankruptcy judge will issue an order on how cash obtained during the liquidation is divided among creditors.

Creditors who provided secured loans -- meaning collateral for the money borrowed -- are top priority for repayment. If there is any money left over after secured loans have been paid off, the administrative creditors -- people handing the bankruptcy proceedings, such as attorneys -- are paid. Last in line are unsecured creditors. That is people or entities that are owed money but did not secure the debt with collateral.

The exception to this pecking order, Brown said, is when fraud can be proven.

A common example is if a person or business borrowed money under false pretenses, such as claiming assets that didn't exist or using the money for purposes other than promised.

For a funeral director, Brown used the example of borrowing money on the promise to build a new cemetery but then spending the cash on a new Ferrari or a monthlong trip to Las Vegas.

A funeral home director who accepts prepaid deposits for funeral arrangements could be considered a fiduciary (a person legally responsible for ensuring the money is handled only in the way specified by the contract and in the best interest of the person who owns the money). In order to determine whether Tomaszewski had a fiduciary responsibility to his clients, a lawyer would need to review any specific agreement along with applicable state and federal law.

A fiduciary who converts money to some other users cannot discharge the resulting debt in bankruptcy.

Using pre-need funds for other expenses in violation of the pre-need contract may also be considered fraud and fraud can't be discharged.

In either case, a bankruptcy court judge would need to make the determination on the debtor's obligation based on the case presented by an attorney representing such victims.

"This is really important," Brown said. "If they think they've been defrauded by this individual, they need someone who knows how the process works guiding them through it."

He added, "I tell my students when they enter my Intro to Bankruptcy class, I tell them, most of what we cover is general bankruptcy law. Unless you're working under the guidance of a talented and experienced bankruptcy attorney for at least two or three years, you're to commit malpractice if you go out and practice on your own right away because this is a very technical and complicated area of law. The importance of that story is to stress how easy it is for trained attorneys to mess up if they aren't practicing bankruptcy law regularly."

Brown also noted that a person who filed for bankruptcy can't make any payments on debt without the judge's authorization, even to creditors not listed in the bankruptcy. That rule applies for all debts paid for 90 days prior to filing for bankruptcy and until the bankruptcy case is resolved. The bankruptcy trustee has the option to recover any unauthorized payments from the creditors who received them.

Asked if a County Court judge to order restitution paid first, Brown gave an emphatic, "no."

"In terms of who gets paid when that's entirely the role of the bankruptcy court," Brown said.

For anybody who allegedly lost money to Tomaszewski through means other than fraud -- consider the petit theft charges he's facing -- any potential restitution there will be considered unsecured debt, meaning those possible victims will be among the last to get repaid, Brown said.

"People who have been defrauded need to have someone who is expert in bankruptcy law who is keeping a close on out for their interest in this case," Brown said but also acknowledge that for many people in a case such as this, they haven't lost enough money to interest an attorney taking on their case.

Previously:

• Local funeral director charged with stealing money from customers
• Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

Press release:

The City of Batavia Water Department is on location of a water main break. The break is on the National Grid right-of-way south of the Industrial Park. This is in the same area as the leak last week and the area will experience similar conditions.

The area has very low pressure currently, that should become better once the main is isolated. While no customers should be without water some area homes and businesses may experience lower pressure or discolored water.

We are making all attempts to have water restored to normal as soon as possible.