Press release:

Governor Andrew Cuomo announced he is extending the open enrollment for health insurance for another month. The deadline for anyone who wants, or needs to apply for health insurance, the extension is now to July 15^th.

Anyone who has questions, lost income, lost health insurance or needs help navigating the NYS of Health website can give Lake Plains Community Care Network a call at (585) 345-6110 and talk to a Navigator.

Applications are completed telephonically. Assistance with locating other resources are also available.

Charlotte Crawford RN, MSN, MBA

Chief Executive Officer

Lake Plains Community Care Network

575 E. Main St., Batavia

Batavia Town Supervisor Gregory Post has penned a letter to Gov. Andrew Cuomo calling out the state’s top executive for not distributing funds from the first Coronavirus Aid, Relief, and Economic Security Act to local municipal governments as stipulated by the federal legislation.

“As leaders across the Finger Lakes, Southern Tier and Western New York, we demand you follow congressional intent, Treasury guidance and 18 other states that have distributed a portion of the billions of dollars received from the … (CARES) Act for direct assistance to local governments under the 500,000 population threshold,” Post wrote in the letter, which was the subject of a resolution at Wednesday’s Town Board meeting.

“If these funds are not delivered, it is not just the governments themselves that will be impacted, but the constituents in these areas will suffer life-threatening consequences as a result.”

The letter went on to indicate that the “Coronavirus Relief Fund, included in the CARES Act, allotted $5.1 billion to New York State, with an additional $2.4 billion directly to cities and counties in New York with populations of 500,000 or more. Congress intended the 500,000 threshold to streamline funds to larger cities and counties while smaller cities and counties would receive funds through the State’s share.”

Post concluded his letter by writing that distribution of the funds is well past due.

“New York State, under your direction, has failed to deploy and share these funds with local communities. If we are going to reopen our economy and move forward from this crisis, local communities should receive these funds immediately. There is no excuse. Our local counties, cities, towns, and villages cannot wait any longer.”

During discussion on the resolution, Post said that the CARES Act legislation passed nearly 60 days ago and that “to this date, none of that money has been reallocated or redistributed to any of us in New York State.”

“Our question here is, by this letter, asking why and to please expedite the processing of that $5.1 million to local governments that are feeling the pinch as badly as they are,” he said.

The Town Board unanimously passed the resolution.

In a related development, the Town Board voted in favor of a resolution to amend local finance law to give towns more options to address financial shortfalls at no cost to the state. The measure will be forwarded to the Town’s state government representatives.

The resolution called for the following:

-- Allows Bond Anticipated Notes to rollover for seven years instead of five years;
-- Allows towns to spend money from capital reserve funds for capital costs related to COVID-19 without being subject to a permissive referendum;
-- Allows towns to temporarily borrow money from reserve funds for COVID-19 related expenses so long as at least 20 percent of what’s borrowed is returned each fiscal year;
-- Gives towns another year to pay back interfund advances.

In other news, the board:

-- Heard a report from Building Inspector Daniel Lang that he expects a busy construction season this year based on the number of building permits and inspection applications that are coming in.

“I would say so, especially with what’s going on with COVID-19,” Lang said. “The commercial is ramped out as it normally would be right now, and as far as the residential goes, we’re shaping up to have a good year.”

Lang said his department has received applications for many smaller projects, such as pole barns, decks, swimming pools and single-family dwellings, including a few more homes at Oakwood Estates off East Main Street Road.

“And we’re not going to skip a beat on the big commercial projects – I think that’s where we’re going to get hit,” he said.

-- Was advised by Lang that a retooled solar farm project proposed by Donald Partridge on Ellicott Street Road is in the works. The original plan was denied.

“He’s looking to separate the parcels and make smaller solar farms than what he initially proposed,” Lang said.

-- Was advised by Town Councilman Chad Zambito that plans for a ribbon-cutting ceremony are being made, possibly before the July 4^th weekend, and that invitations will be extended to Assemblyman Stephen Hawley and State Sen. Michael Ranzenhofer.

Zambito also said that the Rotary Club donated benches and bicycle racks to the Ellicott Trail, which runs from Seven Springs Road to Pearl Street Road (Route 33).

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.13, which is 3 cents higher than a week ago. One year ago, the price was $2.66. The New York State average is $2.23 – 1 penny higher than last week. A year ago, the NYS average was $2.85.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.25 (no change since last week)
• Buffalo -- $2.19 (no change since last week)
• Ithaca -- $2.13 (up 1 cent since last week)
• Rochester -- $2.20 (down 1 cent since last week)
• Rome -- $2.25 (up 1 cent since last week)
• Syracuse -- $2.13 (up 2 cents since last week)
• Watertown -- $2.23 (up 1 cent since last week)

Gas prices remain much more affordable than last year making summer road trips more enticing to area families. This year, AAA Western and Central New York expects road trips to be the most popular form of travel with families looking to drive to destinations.

The national average price for a gallon of gasoline is 53 cents cheaper than last year at this time, while the New York average price is 62 cents cheaper than a year ago, making road trips an affordable option for motorists.

From GasBuddy:

"Gasoline demand has continued to recover over the last week, with a 3-percent rise in demand versus last week according to data from Pay with GasBuddy, and that continues to push gasoline prices higher as well, for the eighth straight week," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"Americans continue to increasingly get in the car as summer progresses, eager not to miss out on the best months of the year, and our data is clear on that. In turn, the resurgence in gasoline demand is also pushing oil prices to their highest level in months, fueling gas prices to rebound as Americans try to find some sense of normalcy amidst the ongoing COVID-19 situation. For now, its likely that we remain on this path of rising prices, but we won't see gas prices snap back to normal for some time yet."

The crowd may not have been as big for the Rotary Club's annual Father's Day Pancake Breakfast as it would have been if they had been able to conduct the breakfast in the sit-down style of the past 20 years, but club members were pleased with their well-organized effort to feed members of the community for free.

Nobody had to pay this morning for three pancakes, two sausage links, butter and syrup, milk and orange juice, though donations were gratefully accepted.

On what should have been their prom night on Saturday, Batavia High School seniors were given a chance to celebrate the close of their final year of high school with a parade through the city, passing Robert Morris, Jackson Primary, John Kennedy, the nursing home, and then returning to Batavia HS.

A 2013 BMW allegedly failed to yield coming off of North Bergen Road around noon today crossing West Sweden Road. The BMW reportedly hit a trailer being hauled by a 2016 Nissan pickup causing the trailer to flip over.

Reader-submitted photos and information.

Slowly but surely, the Genesee County Department of Motor Vehicles office continues to shift gears to reach its destination of returning to full strength.

Signs advising people how to enter the office and stay in line have been placed around County Building I on Main Street, Court Street and Ellicott Street.

“It’s a new directional plan so that when long lines form, people will understand how to stay in a queue, come in and interact on an appointment-basis with our motor vehicle staff,” County Manager Jay Gsell said.

County Clerk Michael Cianfrini previously reported that, initially, the in-office appointments will be reserved for Genesee County residents only. Proof of Genesee County residency will be requested prior to entering the DMV.

Accepted license transactions to be conducted in-office include:

-- Standard, REAL ID and Enhanced License renewals and transfers from out of state;
-- First-time applications to upgrade to REAL ID or Enhanced licenses or non-driver ID cards;
-- First-time applications for non-driver Identification Cards;
-- Applications for Passenger, motorcycle or CDL permits;
-- Conditional or Restricted Licenses;
-- Vehicle registration reciprocity from another state.

Social distancing guidelines, including face coverings in order to enter the building, must be maintained.

Cianfrini also advised residents to use the drop box on Court Street (or near the Town of Le Roy office) or U.S. mail whenever possible. Acceptable transactions for the drop boxes are license plate surrenders, new registrations and registration renewals, title replacements and driver’s license renewals with an eye test.

Any transaction that can be done via drop box or mail will not be processed in-office, and DMV staff encourages customers to continue to utilize drop box services whenever possible.

For more information, call (585) 344-2550 between 9 a.m. and 4 p.m. Monday through Friday and follow the prompts.

A one-vehicle rollover accident, believed to be with no injuries, is reported at 8068 Lewiston Road. Town of Batavia Fire Department is responding along with Mercy medics. The location is between the Interstate 90 bridge and Galloway Road.

UPDATE 1:55 p.m.: The driver and sole occupant is out of the vehicle.

A two-vehicle accident with injuries is reported at 4119 Broadway Road (Route 20) in Alexander. Alexander Fire Department and Mercy medics are responding. The location is between Browns Mill and Molasses Hill roads.

A first responder on scene reports injuries appear to be minor and says medics can continue in non-emergency mode. There is a lot of debris in the roadway and traffic control is needed until it can be removed.

UPDATE 10:02 a.m.: "Looks like we'll have sign-offs, minor glass cuts," says a first responder. Mercy medics are put back in service.

A perpetrator is still at large following a late-night break-in at Dave's Ice Cream, 3872 W. Main Street Road, Batavia.

Local law enforcement is looking for an individual who made forced entry into the ice cream shop at about 10:50 p.m. and was wearing black pants, a black coat, a gray hoodie, white gloves, and a black mask.

The subject attempted to gain entry to the cash register before fleeing in what appeared to be a small, white SUV.

Owner Debra Webster became aware of the burglary in progress because of a security camera in the store that alerted her on her phone to activity inside the closed and locked shop. She called 9-1-1 and Sheriff's deputies, with back up from Batavia PD and State troopers, responded but the perpetrator had left before police arrived.

Webster said the burglar did not seem familiar with the store and that no money was left in the store so no money was taken.

She is offering a $1,000 reward for information leading to the arrest of the criminal.

The Sheriff's Office is continuing the investigation. Anyone with information pertinent to the case is asked to call Investigator Chris Parker or Deputy Jordan Alejandro at (585) 343-5000.

UPDATE: Photo of the intruder's face submitted by Debra Webster.

VIDEO: Courtesy Debra Webster. Note: The submitted video was 2:30 long. We've trimmed it to include only the portions that show the intruder and the SUV.

(Initial Report)

Press release:

Politifact, a fact-checking website that rates the accuracy of claims by elected officials and candidates, announced today that Chris Jacobs’ most recent TV ad is entirely false. The ad repeats a set of lies first put forward by Chris Collins about Nate McMurray. In particular, the ad claims that McMurray sent American jobs to Asia and China, which is entirely not true.

“I can’t believe this man has spent hundreds of thousands of dollars on this false message, the same false message first put forward by Chris Collins. He’s doubling down on those dated lies. This ad must be effective, but what does it say about Jacobs’ judgment that he would so openly lie to get elected?” McMurray said.

Instead of talking about the critical issues that matter, like creating jobs, Jacobs seems concerned with only one issue: lying about and slandering his opponent. Instead of lies, McMurray has talked throughout this campaign season about expanding healthcare and protecting Social Security and Medicare.

McMurray's press release did not contain a link to the fact-checking site. Below are links to pages fact-checking both McMurray and Jacobs, finding a mixture of false and true statements for both candidates.

• Nate McMurray
• Chris Jacobs

Oakfield-Alabama Class of 2020 Graduation

A burglary in progress was reported at Dave's Ice Cream, 3872 W. Main Street Road, Town of Batavia, about 25 minutes ago. Several Sheriff's deputies responded initially and found the front door secure, but noted there was forced entry through the back door.

Dispatchers were told the cash register drawer was on the floor, and a light was on in a portion of the building.

No one was located inside; the building was deemed secure.

A security camera at one point, briefly, showed an individual on the premises.

The suspect is described as wearing all black, including a hoodie and gloves.

A search for the suspect by law enforcement is underway and includes Batavia police and NYS Troopers. They are establishing a perimeter for the search area.

Dionna Thomas, in top photo, sells tickets for the door prize raffles while others enjoy a ride on the horses this afternoon during the Juneteenth celebration promoted by the Just Kings Social Club at the YWCA of Genesee parking lot at 301 North St., Batavia.

The event, which also is featuring live entertainment and a chicken barbecue, will run until 7 p.m.

Photos by Mike Pettinella.

The four local men who organized the March for Justice in Batavia on June 7 have joined together with eight more local residents to form Just Kings Social Club to help promote racial equality in the city. Friday, they hosted their first event at the YWCA: Day one of a two-day Juneteenth celebration.

Today (Saturday), the event starts at noon and runs until 7 p.m. There will be food and beverages, live entertainment, as well as vendor booths.

The YWCA is located at 301 North St., Batavia.

The end of slavery in the United States is not marked by one single date.

Juneteenth evolved out of the cooperation of June 19 in Texas, the day slaves were freed in the former rebellious state in 1865, two years after Abraham Lincoln signed the Emancipation Proclamation freeing slaves in territory still held by Confederates.

It wouldn't be until December 1865 that the 13th Amendment was ratified banning slavery in the United States. Many believe the struggle for equality and liberty for black Americans has yet to be fully realized.

Kathy Poole and Patty Poole were sitting in their yard at Bank and Washington in Batavia late this afternoon with signs around them supporting Black Lives Matter, giving every car that passed their way a big, smiling, friendly wave.

Patty said they wanted to support the movement. 

"I feel like something in the system is pretty screwed up and there has to be a change and that starts at your home, you know," Patty said. "Spread the word."

As for Juneteenth, Patty said the holiday isn't just about black power. It's about power for all people.

"The color of my skin does not define me but a special day like this, I’m going to support it, of course," she said.

Photo: Kathy Poole, Jeneve (last name declined), Jaya, and Patty Poole.

Press release:

As of 2 p.m.

• Genesee County received two new positive cases of COVID-19, for a total of 208 positive cases.
  • Two of the positive individuals reside in the Federal VA in Batavia.
  • One of the individuals is in their 60s and one of the individuals is in their 80s.
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Zero of the total active cases are hospitalized.
• Orleans County received one new positive case of COVID-19 today, for a total of 260 positive cases.
  • The new positive case resides in Murray.
  • The new positive case is under the age of 20 and was on mandatory quarantine prior to testing positive
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Thirteen 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.

During a press conference in Buffalo today, while announcing he was not pursuing criminal charges against congressional candidate Chris Jacobs, Erie County DA John Flynn "called out" the anonymous person who filed a complaint against Jacobs for alleged "voter fraud."

"There is no doubt that I'm being used here to a certain extent," Flynn said. "I didn't just fall off the turnip truck, you know. I've been around for a long time. I've seen a lot of things. When I feel like I'm being used, I feel like someone is, put John Flynn aside, someone is using the District Attorney of Erie County and that bothers me a lot."

Flynn declined to name the complainant but said the complainant's failure to identify him or herself is once the complaint was made public -- through an anonymous tip to a Buffalo TV station -- didn't sit well with him.

"I think it's pretty weak that you won't let anyone know who you are," Flynn said. "I'm going to say that publicly and I know the person won't want to hear it and I say, 'too bad.'"

The person who made the complaint called Flynn directly, he said, and then Flynn's staff and that person's attorney exchanged emails about the allegations.

After reviewing the allegations, Flynn decided not to file charges against Jacobs.

The person making the complaint alleged that Jacobs circulated petitions last summer using an address for an Orchard Park house he had made a deposit on but had not yet purchased. If that were a crime, Flynn said, it would be offering a false instrument for filing. And if it were a crime, Flynn said, it would be outside his jurisdiction because the petitions were filed in Albany.

The two other allegations against Jacobs were that he registered to vote at the Orchard Park address on Sept. 3 but didn't close escrow on the property until the end of September. Then, he used that address as his voting address on Nov. 5 while maintaining another residence in Buffalo.

Flynn said Jacobs came into Flynn's office voluntarily and shared with the DA paperwork and information about maintaining two households. He purchased the house in Orchard Park and invested a substantial amount of money in renovations while also continuing to pay utilities on that residence. Meanwhile, after the pandemic hit, Jacobs decided to spend more time in Buffalo where he could be closer to his mother and assist her during the pandemic lockdown.

He said the evidence undercuts any claim that Jacobs might have had an intent to defraud anybody therefore his actions were not criminal.

"Under election law, it is legal to have two residences," Flynn said. "It was Jacobs who voluntarily came into my office and voluntarily gave me the whole story, he readily admitted he owns two homes, readily admitted during COVID-19 crisis he lived more so at home in Buffalo because his mother lives near him and he wanted to stay close by and help his mother

"He readily admitted he spent more time at his buffalo address," Flynn added. "That is not a crime. It is not a crime to have two residences. There is nothing the in law that says you have to live at one resident X-number of days or X-number of hours to have that declared as your residence."

Because Jacobs invested a substantial amount of money in the other house and because he has continued to pay the utility bills there, there is no "aura of a sham," which would be necessary, he said, to prove an election fraud case.

Jacobs issued the following statement following the announcement:

Chris Jacobs is releasing the following statement in response to DA Flynn’s dropping of the false complaint.

“I want to thank D.A. Flynn for his swift dismissal of Beth Parlato’s phony complaint. And I further want to thank D.A. Flynn for allowing me to come in of my own volition and present him with complete documentation that completely disproves these attacks from Beth Parlato.” 

“It’s now clear Beth Parlato orchestrated this stunt and abused the justice system solely as a political attack and to run a negative television attack ad. It’s shameful, but not surprising. Beth Parlato must immediately take down her false, negative ads. The voters of Western New York are a lot smarter than Beth Parlato thinks and I suspect they will reject her and her nasty, negative campaign on Tuesday.” 

The Batavian offered Beth Parlato a chance to respond to the Jacobs' allegation that she was behind the complaint and got no response to our email request.

Hours after news of a complaint was filed, Parlato released a campaign commercial that accused Jacobs was the subject of a criminal investigation. She also included the same accusation in a press release sent to The Batavian yesterday. There was no criminal investigation, as Flynn revealed today.

Parlato has not issued a statement regarding Flynn's decision to drop the complaint.

Stefan Mychajliw:

“My initial statement on this matter is just as relevant Thursday as it is today: the District Attorney and voters will pass final judgment on Chris Jacobs. Judgment has been passed by the District Attorney. Now, voters will decide for themselves who will be the Republican nominee for New York’s 27th Congressional District in November. Nevertheless, it is troubling to just now find out from the District Attorney that Chris Jacobs admittedly does not live in the 27th Congressional District."

Nate McMurray:

“It is concerning that in a day a complaint of voter and election fraud of a Congressional candidate and State Senator can be dropped, so quickly. No one knew about this until the local news reported it yesterday. Yet here we are, everything resolved with a 5:00 p.m. press conference on a Friday the weekend before an election--just hours after a visit from Jacobs and his attorneys,” said McMurray. 

“If only justice worked so swiftly for regular people, and not just people who can afford the best attorneys. I will tell you this, regardless of what loophole he used, what he did was meant to mislead. He knows. But the people of Western New York, most of us never get a break. Chris? He gets all the breaks,” said McMurray.

Speaking of misleading, McMurray posted this tweet this evening:

Months ago, pre COVID, I sat down with @howardowens for an hour long, no cut interview.

Jacobs refused. https://t.co/7jozhNRpDu

— Nate McMurray for Congress 2020 (@Nate_McMurray) June 20, 2020

Jacobs did not refuse an interview with The Batavian. Jacobs, like McMurray, Parlato, Duane Whitmer, and Mychajliw, all participated in interviews.