D'Andre J. Cramer, 21, of Dellinger Avenue, Batavia, is charged with third-degree coercion and third-degree assault. Cramer was arrested at 10:46 p.m. on May 7 after a domestic incident on Dellinger Avenue. He was arraigned in Batavia City Court and is due in Batavia City Court on June 5th. The case was handled by Batavia Police Officer Kevin DeFelice.

Michael R. Ostrander, 55, of West Main Street, Batavia, is charged with second-degree harassment and third-degree menacing. Ostrander was arrested following an incident in the 400 block of East Main Street, Batavia, at 10 p.m. on May 18. It is alleged that he touched a person and threatened another. He is due in Batavia City Court on June 16. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Peter Flanagan.

Jamar T. Shipp, 31, of Niagara Street, Niagara Falls, is charged with aggravated harassment. Shipp was arrested on May 19 after an investigation and arraigned at 4:07 p.m. in Batavia City Court. It is alleged that at 5:21 p.m. on May 9 during a phone call that Shipp threatened to physically harm a female. He was released on his own recognizance and is due to return to city court on July 1. The case was handled by Batavia Police Officer Alex Roberts.

Matthew W. Barber, 52, of West Main Street, Batavia, is charged with unauthorized use of a computer. Barber was arrested at 9:26 a.m. on May 21 after an investigation into an incident that occurred at 12:15 a.m. on May 19 in the 700 block of Ellicott Street, Batavia. He was issued an appearance ticket and is due in Batavia City Court on June 9. The case was handled by Batavia Police Officer Joshua Girvin.

Christopher Parker, 31, of Morse Place, Batavia, and Joshua Williams, 30, of Portland Avenue, Rochester, are charged with: unlawful possession of marijuana in the second degree, a violation; criminal possession of marijuana in the second degree, also a violation; and criminal possession of a controlled substance in the seventh degree, a misdemeanor. The duo was arrested by City of Batavia Police Officer Wesley Rissinger and the Genesee County Local Drug Task Force after a traffic stop (location and time not provided) on May 21. They were issued appearance tickets and are due in City of Batavia Court on June 16.

Emergency Order #11-2020

I issue the following emergency order(s) for the period of May 27, 2020 through May 31, 2020. This order continues the following issued under Emergency Order #10, which was effective May 22, 2020.

Expect to see updates of this order as we receive changes to restrictions from the State of New York.

1. All public parks within the City limits of the City of Batavia, New York remain open to public use from 7 a.m. to dusk. During the times that public parks are open, State of New York declared restrictions on congregating will be observed. In addition, all playground areas, basketball courts, picnic pavilions, splash pads, and other park facilities that are used for activities that constitute congregating are closed to public use. (These do not include tennis and pickle ball courts.)

As a reminder to the public, City emergency orders are required to be reissued every five days. In addition, the City of Batavia has a separate document titled Local State of Emergency Proclamation that is required, lasting up to 30 days. 

An outline of the Phase One partial reopening is available here.

Martin D. Moore, Ph.D.

Manager, City of Batavia

A criminal mischief complaint was called into the Genesee County Emergency Dispatch Center a few minutes ago. A man who lives on Walnut Street in the city says his neighbor purposely cut down shrubs, which the complainant claims are his, and that this sort of thing is an ongoing problem. City police just arrived.

A scissor lift with a person inside has tipped over in the parking lot between the Tops mall and Batavia Downs.  

The location is a maintenance shop.

City fire and Mercy EMS dispatched. 

Mercy Flight on ground standby.

UPDATE 7:21 a.m.: The location was a maintenance area behind Batavia Downs. The patient was extricated and transported to Strong by Mercy EMS.

While it's not unusual for recently constructed sidewalks to buckle in the heat, the number of faults in the sidewalk along Cedar Street since it was installed in 2013 is unusual, said City of Batavia Public Works Director Matt Worth.

It's also unexplainable. 

Worth -- wasn't appointed public works director until after the project was completed  -- indicated a combination of factors could cause the buckling, including the spacing of the joints, the nature of the subsurface, and the chemistry of the cement.  

The buckling is caused by the cement expanding in the heat of the sun beating down on the pavement.

It's been an issue ever since the project was completed, Worth said. While there are as many as six buckle points along the path now, eventually, the issue will resolve itself as repairs are made and pressure is relieved on the cement.

There's nothing to suggest, Worth said, that the contractor who installed the sidewalks, shares any liability.

City crews will repair the broken sections, he said, at a fraction of the cost of hiring a contractor to do the work.

The middle of an economic lockdown may not seem like the ideal time to open a new restaurant but when it's something you were planning and dreaming about before a global pandemic was announced, that's what you do as soon as you can.

Gilliana's Diner, on Jackson Street, in the former location of Sylvania's, opened yesterday.

"We're super excited," said Jill Antinore, who owns the new eatery with her husband Mark.

Jill said they purchased the restaurant Feb. 1 then the global health emergency hit and the County Health Department wasn't issuing health permits. They had to wait until the Health Department was able to give them the OK to open.

Opened for breakfast and lunch -- except on Friday when they offer a dinner menu -- Jill described the diner as "a breakfast place with Italian specialties."

Available for takeout now are typical breakfast items, such as bacon and eggs, and items such as "The Godfather," which is egg, provolone, Italian sausage, sweet or hot peppers; and "Italian eggs in Purgatory," which is two eggs poached in homemade tomato sauce, with cannellini beans, peppers and onions.

The lunch menu includes tripe, homemade meatballs, agrodolce, and parmesan chicken wings.

Hours are Sunday, 7:30 a.m. to 3 p.m.; Monday, Tuesday, Thursday, and Saturday, 6 a.m. to 2 p.m., and Friday 6 a.m. to 2 p.m. and 5 to 8 p.m. The diner is closed on Wednesdays.

The phone number is (585) 201-7772.

City fire's Christine Marinaccio hands out masks to a family that stopped by the city's mask distribution point at the Fire Hall this afternoon. Councilman Bob Bialkowski, to her right, said the distribution started out with 100 cars lined up and there had been a steady stream of cars coming through the drive-thru distribution point.

The masks were acquired by Genesee County Emergency Management and provided to the city for distribution to residents.

More face coverings will be available to the general public Saturday from 11 a.m. to 1 p.m. at Police Headquarters on West Main Street.

City Manager Martin Moore.

Resident Greg Bruggman gets stocked up with masks and hand sanitizer. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Press release:

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

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

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

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

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

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

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

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

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

According to National Statistics:

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

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

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

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

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

Charcoal Grills

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

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

Liquid Propane (LP) Gas Grills

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

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

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

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

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

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

The requirements for a recreational fire are as follows:

Exceptions:

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

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

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

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

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

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

He finished the round at 79 strokes.  

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

Photo and info submitted by Doug Cecere.

City of Batavia State of Emergency Proclamation

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

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

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

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

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

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

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

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

Martin D. Moore, Ph.D.,

Manager, City of Batavia

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

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

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

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

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

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

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

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

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

Plans for the upcoming Commencement have just been finalized.

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

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

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

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

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

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

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

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 178 positive cases.
    • The positive case resides in LeRoy.
    • The individual is in their 40s.
    • The newly positive individual was on quarantine prior to becoming symptomatic.
    • One of the previous positive cases has recovered and has been released from mandatory isolation.
    • Two of the total active positive cases are hospitalized.
  • Orleans County received 0 new positive cases of COVID-19 for a total of 171 positive cases.
    • One of the previous positive community cases has recovered and has been released from mandatory isolation.
    • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.       

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

Public Health Column from the Genesee County Health Department

By Brenden A. Bedard, MPH deputy Public Health director

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

***************************************************************

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

WBTA -- www.WBTAi.com (recorded)

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

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

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