The Genesee County Planning Board on Thursday night recommended approval of a zoning text amendment to allow mixed-use buildings in the Town of Pembroke Interchange District, but not before a discussion on the practice of placing housing units in industrial parks.

Tom Schubmehl, a member of the planning board and Pembroke resident, said he had some reservations about the Town Board’s application to modify zoning in the Interchange District -- a wide area around Thruway Exit 48A, extending to Route 5 along Route 77.

“Is there any other district in the county industrial districts that allows residential use? Schubmehl asked, directing his question to County Planning Director Felipe Oltramari.

Oltramari said that the Interchange District was different from a traditional industrial district.

“It can have commercial and it can have industrial … it has the Flying J (Travel Center). It has other things like that and includes an industrial park from the EDC,” Oltramari said, adding that he couldn’t think of other similar areas in the county that permit mixed-use facilities.

Schubmehl said he couldn’t either and said “it is a concern of mine that we start letting residential fill in this space. It's going to be no different than the rest of Pembroke.”

“I know it has no bearing on the impact of inter-community that we're discussing here tonight as a County Planning Board, but as a resident of Pembroke, I think it's bad idea,” he stated.

$3 Million Commercial/Resident Project Proposed

The Genesee County Economic Development Center is touting a $3 million commercial/residential project at its Buffalo East Technology Park, which is situated in the Interchange District.

J & R Fancher Property Holdings LLC has proposed building a 32,254-square-foot, three-story facility on two acres in the park, and is waiting for a public hearing and GCEDC board vote on its application to receive more than $600,000 in property, sales and mortgage tax incentives.

According to the GCEDC, the project consists of 17 market-rate, one- and two-bedroom apartments on the second and third floors, with space for four commercial tenants, as well as indoor parking and a fitness center on the ground floor.

Chris Suozzi, GCEDC vice president of business development, was on the planning board’s Zoom videoconference meeting last night, and pointed out that his agency worked with the Town of Pembroke on attracting the venture.

“They were all in favor for it,” Suozzi said. “Certainly, there's a housing shortage need in Genesee County. If anybody hasn't seen the housing study that LaBella (Associates) put out, (it’s) on the Genesee County website. And there's a big shortage of housing.”

GCEDC: 'Live, Work, Play' Model

Suozzi said the GCEDC is promoting a “live, work, play model” and that housing – particularly at industrial parks -- is an essential component in that thinking.

“And I know the location … in Pembroke is a great location because it's across from the school and already has a Tim Hortons that wasn't part of the EDC project, but it has that ability to be right next door to it and also has 7.9 acres in total that is being proposed, of which 2 (acres) are buildable and the other 5.9 are wetlands,” Suozzi offered. “They're all protected. It's a green space.”

He went on to say the project will generate tax revenue for the Town of Pembroke and reiterated that the town board is endorsing it.

Schubmehl then asked Suozzi if the GCEDC was going to consider residential at the WNY Science & Technology Advanced Manufacturing Park (STAMP) in the Town of Alabama.

“Well, you know, if the town said yes, I would certainly look at it, but it's not really up to Chris Suozzi and it’s not up to the EDC -- it's up to the municipality,” he said, again referencing a housing shortage.

“We look at economic development as a whole, and we bring in these companies … and the workers are living in Rochester and Buffalo, (so) we’re not optimizing the economic benefit of Genesee County,” he said. “And that's what that housing studies are showing; (that) there's a big need and we're missing the boat in terms of that revenue staying right in our county.

“So, to me, this is a new world right now and housing’s a big part of it, and the 'live, work, play' model is starting to change what's going on Downtown Buffalo right now … It's because all these old factories are being recondition and rehabbed and the millennials are jumping all over them and they're seeing growth in their workforce.”

Director Promotes Mixed Use for STAMP Site

Oltramari said he could foresee mixed-use buildings at the STAMP site, especially in a technology district closest to the hamlet of Alabama.

“I could see mixed-use buildings in that because the whole point of that is sort of having like an actual link between the hamlet and the business park,” he said. “You could have commercial businesses on the bottom floor, sort of like a main street kind of scenario. And I think that's been the vision for, you know, that kind of part of the park for a while now. So, I think even the town would be in favor of that at STAMP.”

Schubmehl asked whether or not the “live, work” model was actually in the proposal in front of the board, which prompted Oltramari to say he didn’t see it as a major issue.

“I think the era of separating uses, just for the sake of it commercial from residential or, you know, the whole reasoning behind that is to keep incompatible uses apart,” he said. “I don’t see that as a reason anymore, especially in the business parks.”

Planning Board Chair Laraine Caton then asked for a vote and all members, including Schubmehl, voted in favor of the request.

“No, I'm not opposed to it for the purposes as a planning board, we’re worried about inter-community problems here,” Schubmehl said. “And that's not an inter-community problem.”

In other action, planners:

-- Recommended approval with modifications of a special use permit for Jesse and Jolene Coots of Le Roy to operate an ATV, automotive event, hill climb, mud bog and time trial course on 10 acres of a 110-acre vacant parcel of land that they own on Perry Road in Pavilion.

The applicants said they plan to hold events two or three times this year (with the schedule dependent upon the COVID-19 pandemic).

The board’s modifications focus on the applicant obtaining written documentation from NYS Department of Conservation that the project will not be encroaching on wetlands as well as a permit from the Army Corps of Engineers for the potential Federal Wetlands. It also asks that the Coots submit an application for 9-1-1 Address Verification to the Genesee County Sheriff's Office to ensure that an address is assigned that meets Enhanced 9-1-1 standards.

-- Recommended approval with modifications of a special use permit request from Waifin Properties LLC of Clarence Center to operate a contractor’s yard in a Commercial District at 850 Main Road, Pembroke.

The proposed yard would encompass a 100-foot by 100-foot area on a 7.6-acre lot.

The board said the applicant is required to surround equipment and materials storage area with a fence of at least 8 feet high that has a gate, which shall be closed and locked except during working hours.

The process to replace John Hilchey on the Genesee County Legislature begins with the Republican Party committees in the two towns that he represented, according to the county’s Republican Party election commissioner.

“The procedure would be that the Republican committees in the two towns – Alabama and Oakfield – would have to have a meeting to interview candidates to replace John,” Richard Siebert said Thursday. “Upon having that meeting, when they selected a candidate, they would then recommend that candidate to the County Legislature, which makes that appointment.”

On Thursday, Hilchey, the District No. 1 legislator, resigned, citing conflicts with his employment. He joined the legislature after winning the election in November 2017.

Siebert said the person who emerges from the committee meetings – “hopefully the best qualified person they can find,” he noted -- would serve for the rest of the year.

“And that person would still have an opportunity to get on the ballot for the November election, which they call an ‘opportunity to ballot’ and any party can do it, not just the Republicans,” he explained.

Others could run for the post as well, Siebert said, meaning there could be a contest in six months.

He also said the winner this November would serve in 2021 and then, provided he or she wishes to continue, be on the ballot again in November 2021, when that seat goes for a four-year term.

Potential candidates for the seat must reside in Alabama or Oakfield to be eligible.

Letters of intent will be accepted until May 22 and should be sent to Alabama Chairman Earl LaGrou at 7420 Macomber Road, Oakfield, NY 14125, or Oakfield Chairman Daniel Manges at 7475 Fisher Road, Oakfield, NY 14125.

For questions, contact LaGrou at (716) 912-8195 or Manges at (585) 813-3516.

Siebert said he was shocked to hear of Hilchey’s resignation.

“I can’t remember a legislator just stepping down,” he said. “I do know that John was very devoted and was a great asset to those two towns and will be deeply missed.”

Legislature Chair Rochelle Stein accepted the resignation with regret, stating that “we are losing a community leader who has served the people of Alabama and Oakfield honorably and well.”

At 8:20 p.m. (20:20 on a 24-hour clock) Batavia High School faculty and coaches lined Richmond Avenue next to a lit up Van Detta Stadium to honor students of the Class of 2020.

They were also there to honor all the athletes who did not finish, or never played spring sports this truncated school year.

The scoreboard was lit up with a score of 20-20, 20 min. 20 sec. with the message “Batavia High School Celebrates the Class of 2020."

Students and their families were asked to drive by to see the scoreboard lit up in their honor. 

On three different dates this week, employees of UMMC are being treated to meals from Over the Border Taco Truck, courtesy of Casella Waste.

Casella General Manager Jeff Pero said the company wanted to provide meals to all shifts at the hospital so they served lunch yesterday and today and are set up on Bank Street on Saturday.

Public Notice

Town of Bethany offices will open on Monday, May 18, 2020.

Court has not reopened as of yet. Per NYS Court Administration an opening date has not been determined.

All visitors to the Town Hall must wear facial covering and practice social distancing.

Residents/customers must schedule appointments to handle business that cannot be handled via phone, email or regular mail. A drop box is also available near the Town Hall door.  Receipts, etc. will be mailed to you.

No visitors to the Highway Department are allowed without an appointment. Facial covering and social distancing requirements must be adhered to.

All Board meetings will commence beginning with the regularly scheduled in June. Facial cover and social distancing protocol must be followed by everyone in attendance.

-- Town of Bethany Supervisor Carl Hyde Jr.

Submitted photo and press release:

The Genesee Community College Foundation is pleased to announce that the 2020 recipient of the Alpha Medal of Service will be Robert L. Boyce, of Le Roy

Boyce will receive this honor as part of the College's first Virtual Commencement Ceremony at 1 p.m. on Saturday, June 6, which is being livestreamed at www.genesee.edu.

Since it was established in 2006, the Alpha Medal of Service has honored individuals who have provided extraordinary volunteer and/or philanthropic support to Genesee Community College.

This distinguished Medal recognizes recipients that exemplify high levels of service to the College and the community and expresses appreciation to individuals whose influence positively impacts the growth and well-being of Genesee Community College.

Boyce served as president of the Genesee Community College Foundation from 2012-2015 and a board member since 2005, during which time he volunteered his time and energy in a number of different capacities including serving on: the Finance Committee and the Fund Development Committee as chairman; the Risk Management Committee; several Annual Campaign committees; as well as the search committees for GCC's annual fund director. 

Now a retired insurance broker from Tompkins Insurance Agencies, Boyce was the president and CEO of Ernest Townsend and Son Inc. from 1972 through 2000, when he sold his interest in the firm to the Tompkins Holding Company.

His other civic leadership commitments include: nine years on the United Memorial Medical Center Group Board, including a term as president; 10 years serving as president with the Le Roy Emergency Ambulance Service; and 50 years as a member and past president of the Le Roy International Rotary Club, where he is also a Paul Harris Fellow.

He was a member of the Town of Le Roy Board of Assessment and Review for 15 years and a trustee of Our Lady of Mercy Parish in Le Roy. He was recently named the LeRoyan of the Year in 2018.

Boyce served in the Army and graduated with a Business degree from the University of Buffalo.

In his spare time, he enjoys time with his wife, Elizabeth (Beth), their three adult children and six grandchildren. He is also a 50-year veteran season ticket holder for both the Buffalo Bills and the Buffalo Sabres.

The Genesee Community College Foundation promotes philanthropy and volunteer support on behalf of Genesee Community College. The Foundation Board is comprised of leading civic and business leaders, all volunteers, who guide the Foundation's fundraising programs, endowment funds, and stewardship activities, and who serve as advocates for Genesee Community College.

To learn more about how you could support the Genesee Community College Foundation, please visit online here.

Press release:

The Alabama Republican Committee Chairman Earl LaGrou and Oakfield Republican Committee Chairman Daniel Manges seek a candidate to fill the unexpired term of Genesee County Legislative Seat District 1.

You must reside in either Alabama or Oakfield to fill this seat. 

Please send letters of intent to either:

• Alabama Chairman Earl LaGrou at 7420 Macomber Road, Oakfield, NY 14125
• Or contact Earl LaGrou directly at (716) 912-8195 with questions
• Oakfield Chairman Daniel Manges at 7475 Fisher Road, Oakfield, NY 14125
• Or contact Daniel Manges directly at (585) 813-3516

Letters of intent will be accepted up to May 22.

From Genesee County Clerk Michael T. Cianfrini:

In light of the recent announcement that Genesee County has been included in the Governor’s Phase I plan to begin lifting restrictions in the Finger Lakes Region, I would like to clarify that unfortunately this does not apply to the Genesee County DMV.

Pursuant to the Executive Orders issued by the Governor in March, every DMV in the state was closed to the public and thus far none have been cleared to reopen.

In recent days we have fielded hundreds of calls from individuals inquiring as to whether we will be reopening to the public on May 18^th, so I would like to clarify and state that unfortunately the Phase I plan does not include the DMV.

Therefore, until the state lifts the closure, we must remain closed to the public until further notice.  

However, while we are prohibited from opening our doors to the public at this time, we remain committed to serving the public to the extent possible.

Our office continues to handle a wide range of transactions submitted through the mail or deposited in one of our drop boxes. If you need to do any of the following transactions, please feel free to submit your paperwork either through the mail or preferably through one of our DMV drop boxes located on Court Street in Batavia or Main Street in Le Roy:

• Registration renewals 
• Transferring plates from one vehicle to another vehicle owned by the same individual
• License plate surrenders
• Driver’s license renewals, provided an electronic eye test has been submitted, or a form MV-619 Vision test is included.

If you drop off or mail any of these transactions to us, please remember to include your full name, physical address and a phone number in case we need to reach you.  

Also, please rest assured that if your driver’s license or registration expired in March they are still valid and you cannot be ticketed for the expiration.

Governor Cuomo, through executive order extended all of those expiration dates “until further notice."

I, along with other County Clerks, have advocated to him and our state Commissioner of Motor Vehicles to continue extending those expirations so that when we do reopen, we can do so in a measured, controlled manner. Otherwise, a situation may be created where maintaining order and social distancing in our office would be extremely difficult with the surge of customers.

Once we are cleared to reopen the DMV to the public, we are putting measures in place to help ensure the safety of both the staff and our customers through limiting the number of customers in the office, identifying safe distancing locations for those in line, and requiring the wearing of masks to enter the building and our office.

Further, we are restricting entrance to only the door on the west side of building, between County Building #1 and the Old Courthouse. The exit will be on the east side of the building on Court Street. This will minimize the risk of contact between people passing in the hallways.  

We appreciate everyone’s patience through this difficult time, and I remain confident that we can get through this together until some semblance of normalcy returns.  If you have any questions, please feel free to send us an email at:   county.clerk@co.genesee.ny.us

Press release from Chris Jacobs campaign:

As first reported yesterday by the Buffalo News, all eight Republican chairs in the 27th District have signed a letter to Parlato demanding she “suspend your negative campaign and promote your own candidacy rather than viciously attacking others."

Parlato’s attack ads have been described as “negative” and “nasty.”

“Beth Parlato gave her word last year not to run a negative campaign and not to work to split the vote to hand our congressional seat to a liberal Democrat. Now she’s broken that pledge. We shouldn’t be surprised. Throughout this campaign Beth Parlato has done nothing but attack other candidates, first Rob Ortt and now Chris Jacobs. This is the mark of a desperate candidate. We will not let Beth Parlato succeed in her effort to elect a liberal Democrat to our seat in Congress.”  - Christian Chase, Jacobs for Congress

Press release from Nate McMurray campaign:

“Do the same good old boys network of party bosses and insiders that brought shame to Western NY by fighting for and electing disgraced former Congressman Chris Lee and Chris Collins really expect NY-27 to fall in line...again? They have no credibility. Their attacks on Parlato show weakness, sexism, and hypocrisy.  

"The party machine’s double standard here is laughable. Where were the fainting couches and tissues when Jacobs' aired his lying, racist attack ads against me, which Politifact debunked. And let’s not forget who they really fawn over: Trump. The man whose whole political identity is based on nastiness and name-calling. 

"I don’t agree with Beth Parlato on pretty much anything, but I like how she’s standing up to these bullies. Democracy is not a coronation, and these self-appointed kingmakers need to be humbled. They’re scared of me, but they might be more scared of her. Jacobs’ billions can buy the love of party bosses, but it can’t buy backbone. NY-27 might finally have the people’s showdown in November,” said Nate McMurray.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 166 positive cases.
    • The positive case resides in Darien.
    • The positive individual is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • One of the previous positive cases have recovered and have been released from mandatory isolation.
    • Four of the total active positive cases are hospitalized.
    • Genesee County has received word of one new death notification related to COVID-19. The individual was over 65. Our condolences to the family and friends of this individual during this difficult time.
  • Orleans County received four new positive cases of COVID-19, for a total of 146 positive cases.
    • One of the positive cases resides in Ridgeway and one of the positive cases resides in Kendall.
    • Two of the positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
    • One of the individuals is in their 30s, one of the individuals is in their 60’s, and two of the individuals are in their 70s.
    • None of the newly positive community cases were on quarantine prior to becoming symptomatic.
    • Four of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Twelve 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.
    • Orleans County has received word of one new death notification related to COVID-19. The individual was over 65 and a resident of The Villages of Orleans Health and Rehabilitation Center. Our sincerest condolences to the family and friends of this individual during this difficult time.

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

From Nikki Leigh and the Batavia Society of Artists:

GO ART! Executive Director Gregory Hallock (above file photo) has been diagnosed with a rare form of leukemia. Hallock has done so much to promote arts and culture and all things good in the Genesee/Orleans area and it is our time to help him.

Medical treatments and life itself have become increasingly more difficult now that COVID-19 has occurred. Please consider joining us in helping Hallock with costs of medical treatments.

A fundraiser planned earlier this year was postponed due to the pandemic. Since then, we've decided to hold one online.

​The fundraiser is a collaboration between the Batavia Society of Artists and the GO ART! Board.

We are selling tickets $20 each for a Kegerator and a half keg of beer donated by Eli Fish Brewing Co. There are still tickets available here:   bataviasocietyofartists.simplesite.com.

We are also having an online gift basket and art raffle on Facebook starting tomorrow, May 15 and ending at 6 p.m. May 29th with drawing of the Kegerator winner on Facebook live.

All the baskets and art to be raffled will be posted on this event page on Friday, May 15th.

During that two-week time period, please bid an amount you want to pay for the item in the comments of the picture.

We have lots of great items! Be sure to take a look!

Items can be delivered to the winners within a reasonable distance of Batavia. They can also be shipped at an added cost to the auction winner to cover shipping costs.

Press release:

Today Nate McMurray, Democrat running in the special election to fill the Congressional vacancy left when Republican Chris Collins went to jail in NY-27, urged Congress to invest $86 billion in broadband funding in the future COVID-19 response legislation. And he is calling on the Republican candidates to pledge their support or explain why rural New York doesn’t deserve the same access to broadband as Wall Street and New York City.

In 2018, 65 percent of District 27 did not have access to high-speed internet. While New York ranks 4th in connectivity in the country, America is still 30th in mobile speeds and 10th in internet speeds overall. Despite this clear need, McMurray’s opponent in the special election, billionaire Chris Jacobs, has made no progress during his time in the State Senate to bring broadband to working families in Western New York.

McMurray has pledged to expand federal funding to secure broadband for everyone in NY-27, not only to establish better internet but to foster technological prowess, business capabilities, and regional success. 

“Our local internet is slow, even nonexistent in rural areas in NY27, and the pandemic has highlighted our need," McMurray said. "Our national internet on average is far below other industrialized countries. We rank about 10th overall and 30th in mobile speeds, near Romania and the Czech Republic. How is that acceptable?

"America is the place that invented the Internet. We were first. This is the home of Silicon Valley. We should not be 30th. It’s not about Netflix. It’s about better education, more business opportunities, and our future.

"We can’t continue to allow ourselves to be used by monopolistic cable companies that provide substandard service and deprive so many access all. I urge Congress to support expanded funding to ensure that Americans who need broadband service will remain connected during this public health crisis and recovery.”

“As your representative, I will never give up on building infrastructure, for broadband, for our future. May our light and intelligence, the talents of a million minds, flow once again from our region like our famous canal, like a sunburst — talents diversified find vent in myriad forms. Let’s embrace, and build, broadband. Now."

An 18-year-old driver at first claimed he swerved to avoid a deer prior to a two-vehicle accident at 11:20 p.m., Tuesday, on Route 5 in Batavia that injured him and the driver of a box truck.

Then the driver told a deputy he struck the deer and it shattered his windshield.

Deputy Ryan Young, who prepared the accident report, wrote in the report, "There was no evidence on vehicle 1 to indicate that a deer was struck by any portion of the vehicle."

Charges may be pending against Dante D. Mancuso, of West Main Street, Batavia. He was driving a 2006 BMW SUV. He was transported to UMMC for evaluation following the accident.

Joseph Ruhland Jr., 53, of Old Dominion Way, Thomasville, was transported to Strong Memorial Hospital for treatment.

Mancuso was westbound on Route 5 in the area of 3975 W. Main Street Road when his vehicle crossed the center line and clipped a Ruhland's box truck, causing Ruhland to lose control and the truck jackknifed. It crossed into the westbound lane and overturned, coming to rest against a stone wall after the rear trailer detached from the truck.

Volunteer firefighters extricated Ruhland from the truck.

The accident remains under investigation.

Briefing

Whether you’re an owner of a business, executive director of a nonprofit organization, manager of a public service agency or pastor of a place of worship, if you don’t have a plan for reopening according to New York State COVID-19 guidelines, then now is the time to develop one.

That was one of the key messages conveyed by Genesee & Orleans Public Health Director Paul Pettit and Genesee County Manager Jay Gsell at a Zoom videoconference this afternoon.

The hour-long webinar, hosted by Tom Turnbull, president of the Genesee County Chamber of Commerce, attracted 185 people – many of whom are wondering what they need to do to get their workplace up and running again.

Both Pettit and Gsell emphasized the importance of having a plan in place that addresses physical distancing, protective equipment, cleaning and hygiene, communication, and screening – all of the bullet points on the NYS business reopening safety plan template (pdf).

Reading from the document, Pettit said that “this plan does not need to be submitted to a state agency for approval, but must be retained on the premise of the business and must be made available to the State of New York Department of Health, local health or safety authority in the event of an inspection.”

“We can’t give you any clarity of what that means beyond potentially if you have an issue, if we potentially trace back an outbreak or a cluster to a business or a location based on contact tracing, we’re probably going to be asking you to let us see your plan,” he continued. “How are you ensuring that you are protecting your employees (and how) you’re protecting your consumers if they came into the business?”

Gsell said the state government and health officials are trusting that all businesses and organizations follow the requirements listed and fill out the form.

“It’s scout’s honor that you put the plan together and then you have gone to the website and attested that you’ve done this and you have it on file at your plant location, your business location – whatever that may be,” he said. “The county, itself, is going to have to do this and we’re starting to do that already.”

He added that the template is for all entities, no exceptions.

“It does not leave anybody out … in terms of how they want us to plan and continue the protocol, and also recognize that at this point, the State of New York also doesn’t want to have hundreds of thousands of plans on file that they would probably not ever be able to get to,” he said.

The Genesee & Orleans Health Department also has drafted a document for business owners – a reopening guidance and fact sheet (pdf).

Pettit noted that the plan for reopening is being driven by the state and that Genesee (along with Orleans and Wyoming counties) is “tethered to our surrounding Finger Lakes Region counties” as the strategy calls for a regional approach.

“The governor has been very clear that his decision – the Empire State Development and his administration – has the final say on what happens here locally,” he said. “We do not have the flexibility here to create our own plan. We did try that route when we first found that we were able to start potentially opening on May 15^th, we wanted to put together a more local plan for Genesee and Orleans county, but that was shot down … All of the metrics and all the data are going to be driven by what happens regionally.”

He then talked about the impact of the coronavirus in Genesee County, noting that: 165 people have tested positive; 1,785 tested negative; 15 are in isolation; 56 are in quarantine; three have died; and 95 have recovered.

Pettit mentioned that the health department recently “did break apart the community from regulated facilities (nursing homes, for example) and we did that because we wanted to make sure there was a clear delineation between what was happening in the community versus what was happening in these kind of captive audiences, these residential facilities.”

He said Genesee has experienced “very little” community spread; it’s mainly been driven by what’s going on in this regulated facility environments.”

While the exposure has been low thus far, Pettit said he hopes that a future spike doesn’t occur and derail the region’s progression from Phase One (starting tomorrow) through the other three phases.

Pettit said it is vital that people continue practicing social distancing and take other precautions.

“Our biggest concern on the public health side is we all of a sudden start to un-pause and see significant increases in spikes, the number of cases, the number of hospitalizations – the governor has been very clear that it will lead to the region being paused again,” he said. “We want to be able to move forward successfully and safely, and we want you guys to start to generate some income and revenue … in a safe, smart and strategic way.”

Other key points from the webinar:

-- Gsell said that each phase will have at least a two-week time frame – and possibly up to four weeks -- between them, during which an analysis of the seven metrics will take place. The outcome of the data assessment will determine whether a region moves ahead, stays in place or goes back on “pause.”

-- The state considers contract tracing as a determining factor that has kept some regions (including Western New York – Buffalo area) from advancing into Phase One, Gsell said.

“This is where the science comes in and where the state is going to continue to hold our feet to the fire with what we know about the people who we are dealing with and what is being reported to the State of New York and also to our local county health department,” he said.

-- NYS Executive Order 202.16 mandates that all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees.

Pettit said if people can’t maintain six feet of separation, then they must wear a mask.

For more information, call ESD at 1-888-364-3065.

The webinar was presented by the Chamber of Commerce in conjunction with the Batavia Downtown Business Improvement District, Batavia Development Corporation, and Genesee County Economic Development Center.

Call us to order for curbside pickup or delivery: (585)344-2999 or order online here.

The Finger Lakes Region, which includes Genesee, Orleans and Wyoming counties, is a day away from Phase One of Gov. Andrew Cuomo’s four-phase strategy to reopen the economy, but it has to continue to fulfill all seven health-related components to keep moving in the right direction.

“Right now, we’ve met all seven of the metrics, hospitalization rates, bed capacity, testing, and so on, and they all have to stay in the green or we go back to a ‘pause’ on Phase One again,” advised Genesee County Manager Jay Gsell this morning.

Gsell said the entire nine-county Finger Lakes Region will be monitored by the state on a daily to make sure it is within the parameters of the metrics:

-- Decline in Total Hospitalizations;
-- Decline in Deaths;
-- New Hospitalizations;
-- Hospital Bed Capacity;
-- ICU Bed Capacity;
-- Diagnostic Testing Capacity;
-- Contact Tracing Capacity.

“That’s what we’re following and we can’t get ahead of the governor,” Gsell said. “This is how controlled this is going to be.”

The state has a website, New York Forward, that includes a detailed list of the businesses that are eligible to return in six categories assigned to Phase One:

-- Construction;
-- Agriculture;
-- Forestry, fishing and hunting;
-- Retail (limited to curbside or in-store pick up or drop off);
-- Manufacturing;
-- Wholesale trade.

Additional documents on the website include summary and guidelines, along with a safety plan template for reopening, for each business category.

According to the website:

“Businesses in each region will reopen in phases. Reopening refers to nonessential businesses and business activities. Essential businesses and business activities that are open will remain open. The guidelines below apply to both nonessential businesses in regions that are permitted to reopen and essential businesses throughout the state that were previously permitted to remain open.”

Phase Two includes professional services, retail, administrative support, real estate/rental & leasing; Phase Three expands to restaurants and food services; and Phase Four lists arts, entertainment, recreation and education.

Incidentally, playing tennis is being allowed under Phase One, Gsell noted.

Each area of the state is guided by a Regional Control Room that is responsible for keeping tabs on metrics and providing regular updates to communities. Members of the Finger Lakes Control Room include county legislature chairs Rochelle Stein (Genesee), Lynne Johnson (Orleans) and Jerry Davis (Wyoming).

Gsell issued a warning to citizens to continue to practice social distancing measures and wear masks as necessary during the reopening.

“I understand that people are restless and anxious but if we proceed too fast, in a confused and chaotic manner, the (COVID-19) virus will come back in a real negative way,” Gsell said. “We won’t just be behind the 8-ball, the 8-ball will take us down like the Rock of Gibraltar – and we don’t want to go there.”

By a narrow margin earlier tonight, the Genesee County Legislature voted in favor of a resolution that removes authorization from the county treasurer to make revenue distribution payments to towns and villages until further notice, thus rescinding agreements forged in 2018 and 2019.

Five legislators – Chair Rochelle Stein, Marianne Clattenburg, Andrew Young, John Deleo and John Hilchey – voted “yes” and four legislators – Gregg Torrey, Gary Maha, Christian Yunker and Gordon Dibble – voted “no.”

Legislature Clerk Pam LaGrou announced that the measure passed with a weighted vote total of 172, eight more than the 164 needed for approval.

Earlier, an attempt to table the resolution also failed, with the weighted vote number to table at 154. The four legislators who voted “no” to the resolution were the ones who voted “yes” to hold off.

Just prior to the final vote, Stein made a brief statement in an attempt to quell town and village officials’ fears.

“I would just like to offer that I have been having a conversation every week with our leaders and there is every intent to ensure that they are not left behind, and we are all in this together,” she said. “There is the opportunity for all of us to work through this together and make sure we successfully come through. There is intent to continue to provide support for towns and villages as we have demonstrated before and that will continue.”

After the vote, Vickie Almquist, a Village of Bergen trustee who was signed into the Zoom videoconference meeting said, “Thanks for nothing.”

The resolution to rescind the authority to make the quarterly payments has caused quite a stir throughout the county (see an earlier story from today below, headlined, Legislature chair asks towns, villages to 'stick with us and hold tight' as county deals with loss of revenue).

Clattenburg said that the resolution was necessary because the county realizes it is unable to make the payments (which include sales tax receipts) “at the level of 2018, so this takes away the treasurer’s ability to make those payments at that level.”

Her statement prompted another question from Almquist: “For ever and ever?”

Dibble, who represents the towns of Pembroke and Darien, then proceeded to make a motion to table the resolution, explaining that “such actions could be delayed without the loss of options currently available to us.”

“I’m confident that the towns and villages fully understand the negative potential this situation has created and that a significant loss of revenue is certain,” he said. “I ask that we table this resolution before us to take advantage of the additional weeks such tabling would afford us.”

Yunker seconded the motion, and that was followed by Almquist asking, “So, you’re going to do this forever then, huh?”

Then a man, identified as Elba Village Mayor Norm Itjen (see comments below), asked why he wasn’t allowed to speak, mentioning that he raised his hand at the beginning of the meeting and “was passed over.”

“This will show in a vote,” he said, and was followed by Almquist's comment, “Really, you’re never going to give us any money ever again.”

“I hope you guys get voted out next time,” Itjen said, before the duo were muted out of the meeting.

The three other legislators who voted against the resolution spoke prior to casting their ballots, reasoning that they could use the time before another round of payments was due (in July) to receive more information and provide more clarity.

Maha said he was going to vote against the resolution “because after listening to our representatives from the towns and villages, I understand their frustration and share some of their concerns with the language that’s in this resolution.”

“We have plenty of time – two months – to rescind this resolution. I think we can get together and craft some language so it isn’t so strong. At the end, it says we’re going to discontinue these payments until further notice. I think we can change some of the language that would satisfy our towns and villages and show our support for them, and allow us to continue making distribution payments to them without any specifics … as to how much.”

Torrey said he worked closely with the three towns that he represents (Alexander, Bethany and Pavilion) and the Village of Alexander when the current agreement was crafted.

“I’m not comfortable leaving them in a vacuum during this very difficult time,” he said. “I think we have time to get more clarity and draft a replacement agreement that will better serve the county and our partner towns and villages.”

Yunker, who represents the towns of Elba, Byron and Bergen, said that rescinding the treasurer’s authority to make the payments leaves the villages with “no clarity and zero commitment, and without a replacement (document).

“All we need to do is act like they are our partners and come up with a resolution, committing something to them,” he said. “I believe we have time – a distribution doesn’t need to be made for several months -- and we can work with our partners … to see what comes out of the federal stimulus, and see what comes out of the state budget and use the time. There’s no rush, so I’m going to vote ‘no.’”

In other action, legislators:

-- Passed a resolution calling on the Congressional delegation to provide counties with direct federal aid to support counties’ COVID-19 response and reopening economic activity efforts, further stating that counties outside of New York City can expect to lose between $1.5 billion to $3.5 billion in local revenue and state aid.

-- Passed a resolution accepting a grant of $74,261 from the New York State Board of Elections’ NYS HAVA CARES Act program to implement measures necessary for responsible, safe, and fair elections during the COVID-19 pandemic, for a contract term beginning March 28, 2020 through Dec. 31, 2020.