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Fully involved barn fire reported on Lockport Road in Oakfield

By Billie Owens

A fully involved barn fire is reported at 3753 Lockport Road in Oakfield. The location is between Fisher and Snyder roads. Oakfield Fire Department is responding, along with mutual aid from Alabama, Elba and the city's FAST team.

UPDATE 3:20 p.m.: The city's first platoon is called in to fire headquarters on Evans Street.

UPDATE 3:39 p.m.: About 30 yards from the blazing barn, some local farmers are trying to corral several cows that escaped from the property; unknown at this time if the bovines had been in the barn.

UPDATE 4:02 p.m.: This property belongs to Dean Norton, the former head of the NYS Farm Bureau. Several dozen head of cattle either escaped from the barn or were let out and people corralled them and put them safely in another barn on the property. Not yet known if any animals perished, but at least one suffered burns. Firefighters are still working to douse the blaze; flames no longer showing, but lots of smoldering embers and smoke.

UPDATE 4:52: Firefighters are doing overhaul now, spreading out the hay and hosing down hot spots. These are beef cattle, not dairy cows. Five of them are being treated for burns at the scene by veterinarians. It is possible one or two animals perished in the blaze; still investigating. It is believed the fire may have started after a skid loader, which has just been used, was parked next to some hay in the barn.

UPDATE 5:07 p.m.: This involved about 200 head of cattle; some managed to escape the burning barn on their own, others were let out and herded into another barn on the property, according to property owner Dean Norton.

Grand Jury: Man accused of nearly striking deputy with his car, speeding off, possessing stolen debit card

By Billie Owens

Elon A. Seeger is indicted for the crime of attempted assault in the second degree, a Class E felony. It is alleged that on Dec. 15 in the Town of Bergen that, with intent to cause physical injury to another person, he engaged in conduct for which he is now indicted. He is accused of attempting to strike a deputy with his motor vehicle. In count two, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that on that day Seeger intentionally obstructed, impaired or perverted the administration of law or other government function, or prevented or attempted to prevent a public servant from performing an official duty. This was allegedly done by means of intimidation, physical force or interference or by means of any independently unlawful act: he ignored multiple police commands to turn off his vehicle and, instead, turned it toward the deputy -- almost striking him -- and then he fled the area at a high rate of speed. In count three, Seeger is accused of unlawful fleeing a police officer in the third degree, also a Class A misdemeanor. It is alleged in count three that while knowing he had been directed to stop, he instead attempted to flee at speeds of 25 mph or more. In count four, Seeger is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property -- a debit card.

Ronald P. Dixon Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Dec. 20 in the City of Batavia that Dixon drove a 2008 Kia on East Avenue while he was intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that Dixon drove the vehicle while under the influence of alcohol or a drug and while there were three or more suspensions imposed on him on at least three dates: Nov. 21, 2015; July 7 and July 22, 2016; and Aug. 18, 2017. These were for failure to answer, appear or pay a fine. In count three, Dixon is accused of second-degree harassment. It is alleged in count three that on Dec. 20 in the City of Batavia that with the intent to harass, annoy or alarm another person, Dixon subjected a person to physical contact. In count four, he is accused of the same crime involving a second person. In count five, Dixon is accused of first-degree attempted assault. It is alleged in count five that Dixon, with intent to cause serious physical injury to another person, attempted to cause such injury by means of a dangerous instrument -- a motor vehicle.

Stormy M. Watts is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Dec. 22 while at Walmart in the Town of Batavia that she knowingly possessed stolen property consisting of a Capital One Walmart credit card in the name of another person. In count two, Watts is accused of attempted petit larceny, a Class B misdemeanor, for allegedly attempting to steal property from another person valued at $27.72.

Law and Order: Pratt Road man accused of possessing images of sexual performance by a child under age 16

By Billie Owens

Jordan R. Difilippo, 27, of Pratt Road, Pembroke, is charged with possessing sexual performance of a child less than 16 years old. Difilippo was arrested for allegedly possessing three images of a sexual performance of a child under age 16, a Class E felony, at 2 p.m. on Jan. 11, 2017. He was issued an appearance ticket to be in Pembroke Town Court at 1 p.m. on Sept. 9. The case was investigated by the Genesee County Sheriff's Office personnel -- Youth Officer Timothy Wescott, Chief Deputy Joseph Graff. They were assisted by the FBI, the Chesterfield, Va., Police Department, and the Genesee County District Attorney's Office.

Breaking: Cuomo says schools can open

By Mike Pettinella

Update: Aug. 7, 5 p.m. with Elba Superintendent Ned Dale's comments

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Gov. Andrew Cuomo today announced that schools in New York State can open on time this fall.

The governor reported that the COVID-19 infection rate is low enough to allow all districts in the state to open, and mentioned the state’s success in fighting the coronavirus outbreak.

In a telephone press conference, Cuomo called it "great news."

“If you look at our infection rate, we are probably the best in the country right now ... so if anybody can open schools, we can open schools," he reasoned.

The governor later tweeted the following:

"Every region is well below our COVID infection limit, therefore all school districts are authorized to open. If the infection rate spikes, the guidance will change accordingly. School districts are required to submit plans to NYS for review."

He said that there is “significant anxiety” among teachers and parents in taking this step forward, and suggested that district administrators set up three sessions with parents over the next couple weeks.

Last week, about 700 school districts across the state submitted their reopening plans to the state education department outlining how they would reopen schools, with most districts offering "hybrid" plans with students in school on two or three days and out of school -- remote learning -- on two or three days.

Batavia City School District Superintendent Anibal Soler Jr. said he's pleased with the decision to reopen, but "now the real work begins around implementation and communication regarding some of the requirements involved."

He said that the governor is requiring districts to share more details about remote learning plans (expectations for parents, students and teachers) -- "that's something that we were already working on," he noted -- and to work with their health departments on COVID-19 testing and tracing, and understanding all the related protocols.

"We're excited to get to work and to get our kids back in the building, although, obviously not in the ideal (manner) -- everyday, all the time," he said.

Soler said he hopes that if all goes well, guidance would change to allow the district to "bring more kids in" and is keeping his fingers crossed that a vaccine is developed in the near future.

Some smaller school districts, such as Oakfield-Alabama in our area, have enough space to bring everybody back to the classrooms with masks and social distancing.

"I'm happy with the decision to have schools open, leaving the local decisions to each and every school district, and what's best for their own communities," said O-A Superintendent John Fisgus. "Obviously, he's following his previous metric calculations, being that we're certainly under the threshold of the spread of the COVID. So, I'm glad that he stuck to that and glad that he is leaving the decisions up to the school districts."

Fisgus added that "here in Oakfield, we're going to move forward with our 100-percent in-person learning, five days a week, and we will follow his guidance."

"We already have a task force committee that has met once already back in July. We have another meeting this Monday and the following Monday -- and an opportunity on August 24th at 5 p.m. where I will actually livestream all of this information to our community residents and they will have the opportunity to engage with questions and concerns," he said.

Elba Superintendent Ned Dale said he was glad to see that the governor used the low infection rate to make his determination.

"We will continue to communicate with the parents and staff to ensure a safe and smooth reopening," he said, speaking of the school's hybrid plan. "It is important to note that staff will need training and time to open safely and, similar to other districts, I will be recommending that we adjust our district calendar to reflect this significant need. We will now confirm with every student and parent their choice of returning or staying with a distance learning, as well as revising bus routes to reflect the ability for our students to get to and from school safely."

Law and Order: Man accused of injuring hands by slamming door one time, kicking door shut another

By Billie Owens

Robin S. Brooks, 58, of Hutchins Place, Batavia, (inset photo right) is charged with third-degree assault. The defendant was arrested after an investigation of an incident at 7:30 p.m. July 17 on Hutchins Place in which Brooks allegedly broke someone's hand by slamming it in a door. Brooks was arraigned at 12:15 p.m. July 31 in Batavia City Court and was due to return to court on Aug. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Arick Perkins.

Robin S. Brooks, 58, of Hutchins Place, Batavia, is charged with second-degree assault. The defendant was arrested after an investigation of an incident at 8 p.m. July 27 on Hutchins Place in which Brooks allegedly kicked a door shut on a female's hand, causing serious physical injury. Brooks was arraigned at 9:30 a.m. July 31 in Batavia City Court and jailed on $2,500 cash bail or $10,000 bond. Brooks was due to return to city court on Aug. 5. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Samuel Freeman.

David P. Grossman Sr., 37, of Maple Street, Batavia, (below left inset photo) is charged with second-degree harassment. He was arrested at 8:32 p.m. Aug. 3 on Maple Street after a harassment complaint that alleges he struck two different males during an altercation. He was arraigned in Batavia City Court and released with a return date of Aug. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

David P. Grossman Sr., 37, of Maple Street, Batavia, is charged with: fourth-degree criminal mischief; third-degree criminal mischief; second-degree burglary -- a dwelling; endangering the welfare of a child; and obstructing governmental administration in the second degree. Grossman was arrested at 2:46 a.m. on Aug. 4 on Highland Park in Batavia after he allegedly broke into a house, threatened the resident inside and damaged property. After his arrest, he allegedly kicked and damaged a patrol car, for which he is also charged. He was arraigned in Batavia City Court and jailed without bail. He is due to appear in court again on an unspecified date. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Arick Perkins.

Paul James Feitshans, 22, Siehl Road, Akron, is charged with: endangering the welfare of a child; harassment; and criminal obstruction of breathing. Feitshans was arrested at 5:59 p.m. Aug. 5 following the investigation of a disturbance on Coe Avenue in the Village of Oakfield. He allegedly struck a person and obstructed their breathing while in the presence of a child. He was arraigned in Genesee County Court and released on his own recognizance. He is due in court at a later date (unspecified). The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Mathew Clor.

Isaac J. Floyd Jr., 56, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree, menacing in the second degree, and obstruction of governmental administration in the second degree. Floyd was arrested after an investigation into a disturbance that occurred at 7:07 p.m. July 26 on State Street. He was arraigned in Batavia City Court and put in jail (bail status not provided). He is due back in court Aug. 27. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

William J. Hixenbaugh, 30, of School Street, Batavia, is charged with criminal mischief in the fourth degree and criminal contempt in the second degree. He was arrested Aug. 1 after an investigation of a domestic incident July 29 on School Street. It is alleged he damaged another person's property. He was released with an appearance ticket and is due in Batavia City Court on Nov. 3. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Janice Lynn McGuire, 46, of Galloway Road, Batavia, is charged with: driving while intoxicated, first offense; operating a motor vehicle while having a BAC of .08 percent or more, first offense; speed not reasonable under special hazard; moving from lane unsafely; consumption of alcohol in a motor vehicle on a highway; and failure to notify the DMV of an address change within 10 days. After a personal injury accident on Cleveland Road in Pembroke at 9:28 p.m. on Aug. 5, McGuire was arrested for allegedly driving while intoxicated. She was released with appearance tickets and is due in Pembroke Town Court on Sept. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Matthew Clor.

Council set to discuss vacant city manager position in executive session on Monday

By Mike Pettinella

Batavia City Council President Eugene Jankowski Jr. today said that the next formal discussion about the vacant city manager position will take place in executive session following Monday’s Conference and Business meetings at City Hall Council Chambers.

“We’re in a unique situation where we have an employee who is interested in the position, and would be affected by a public discussion before several important topics are covered,” Jankowski said, speaking of Acting City Manager Rachael Tabelski. “In our previous search two years ago (that resulted in the hiring of Martin Moore), no city employee wanted the job.”

When asked about the progress of a potential job search for Moore’s permanent successor, he said the nine members of City Council “will come together and decide – it’s not up to me, I’m just one person and my personal opinion doesn’t matter.”

“If Council decides to conduct a search, that will made public, and if the decision is different (such as offering the job to Tabelski, who had been the assistant city manager), then that will be made public, too,” he said.

Jankowski said he expects to learn by Monday the status of contracting, once again, with The Novak Consulting Group, the Cincinnati, Ohio-based firm that conducted the search in 2018.

Novak reportedly guaranteed a “free” search if Moore left the position within two years of his hiring – which did occur, but Jankowski said he wants to know about other expenses such as advertising in trade publications and possible moving expenses for an out-of-town hire.

At July’s Council meeting, the board requested that Novak be contacted for the answers to those questions.

Tabelski, who has been serving as acting city manager since June 22, then suggested that Human Resources Specialist Dawn Fairbanks make the call since Tabelski has expressed interest in staying on as the city manager and wanted to avoid any conflict of interest.

Council Member Robert Bialkowski has gone on record in favor of a new search, emphasizing that the board should capitalize on Novak’s two-year warranty.

Jankowski said that he has received emails from residents who are on both sides of the issue.

“We welcome the public’s input and I am confident that Council will proceed in the best interests of the community,” he said.

Focus on patients' complete wellness illustrates career of longtime GCASA nurse Cheryle McCann

By Mike Pettinella

Guided by an inner conviction greater than herself, Cheryle McCann poured her heart and soul into a career spanning five decades as a registered nurse, with the last 15 of those years serving those with substance use disorders at Genesee/Orleans Council on Alcoholism and Substance Abuse.

McCann, an ordained Presbyterian minister, retired in May, but not before sowing seeds of compassion and care to hundreds of people caught in the anguish of addiction.

“When working with the patients, I figured it was all ministry,” she said. “The 12 steps (to recovery) talks about the spiritual aspect – not religion – along with the emotional and physical. That’s how I looked at it.”

Her kind-hearted manner was not lost on her coworkers.

“It was truly a pleasure to work along side of Cheryle over the years and I know that she is and will be missed by staff and patients, said Shannon Murphy, director of outpatient treatment services. “She is quite the force to be reckoned with -- small but mighty and incredibly spiritual with a wonderful sense of humor.”

Dr. Bruce Baker, medical consultant at GCASA, said McCann’s contributions were invaluable.

“When I was asked to be the employee physician at St. Jerome Hospital, I accepted it without a clue as to what I was supposed to do but, no problem, with Cheryl's guidance I muddled through,” he said. “When St. Jerome opened the inpatient substance abuse (program), I was asked to replace the original medical director who had reassigned after the unit 's first year. Once again, Cheryl was there to mentor me. And when I was asked to come on board at GCASA there was no hesitation, I knew Cheryl was there to mentor me.”

Baker said he learned many lessons from his relationship with McCann, with a team approach at the top of the list.

“What was the most important part of our relationship?” he asked, rhetorically. “I had learned very early in my life the importance of teamwork in any endeavor. Cheryl helped me hone that concept.”

An Attica native, McCann arrived at GCASA in 2005, working out of the Genesee County Department of Social Services doing intakes and health assessments there and also at the clinic on East Main Street.

She later worked in medication-assisted treatment with Dr. Charles King in both the Batavia and Albion clinics, and was GCASA’s opioid treatment coordinator for several years.

“That’s where I would triage people and explain to them what the suboxone program was all about, providing counseling and informing them of the guidelines,” she said. “When New York State instituted a health care coordinator, I did that job and continued with that until last fall. But, no matter what role I was in, the happiness at GCASA remained.”

While employed at GCASA, McCann also worked at St. Jerome Hospital in several capacities over a 36-year career there, including pediatrics, intensive care, emergency room, infection control and in-patient chemical dependency, and performed pastoral work at four churches.

She was pastor of the Holley Presbyterian Church from 2000-2006, and still is an ordained minister.

“For about 20 years, I worked two or three part-time jobs, often working seven days a week,” said McCann, who resides in Stafford with her husband, Ronald. “This allowed me to serve churches that could not afford a full-time minister, and allowed me to continue working in nursing and counseling capacities while doing church ministry.”

McCann worked up to four days a week at GCASA in both in-patient and out-patient treatment.

“I certainly have worked with every drug of choice,” she said. “The one thing that I always thought with the patients who sought care for opiate treatment was ‘your biggest hurdle was crossed; you didn’t have to convince them that they had a problem.’ They came to you saying, 'I have a problem.’ I really felt that a large percentage of people were there because they really wanted the help."

She helped with insurance piece, and, worked with Dr. Matthew Fernaays, GCASA medical director, and nursing colleague Barb Worthington to administer vivitrol and suboxone to her patients. She said that most of them were “people who basically were pretty stable – getting stable in their recovery – and we’re starting to make headway.”

She did, however, acknowledge the distressing side of addiction.

“It’s always very painful. In those particular settings there is a lot of death and suffering,” she said. “It’s very difficult to watch that … you lose people to the disease, and that is true with alcohol as well.”

McCann had high praise for Murphy, her supervisor, as well as her coworkers and GCASA, in general.

“Shannon, well I just love her,” she said. “We worked together for a long time and she is wonderful. I can honestly say it was always a pleasure to work in this environment. GCASA is a wonderful organization.”

She said patients at GCASA “are treated with respect and dignity, and the staff is professional and work together as a team.”

“You didn’t have back-biting and you didn’t have gossiping about one another that you may see in other places at times. It was a really positive environment – and all of that starts right at the top. The senior leadership sets the tone for the expectation and how people are to be treated,” she offered.

McCann’s nursing career began in 1973 as a part-time supervisor in the obstetrics unit at Children’s Hospital in Buffalo. She was there for four years and then moved to Iowa, working two years in the labor and delivery units at the University of Iowa hospitals and clinics before returning to this area.

She holds an associate degree in Nursing from Trocaire College, a bachelor’s degree in Nursing from Brockport State College and a master’s of Divinity from Colgate Rochester Divinity School.

McCann said she realized it was time to call it a day when COVID-19 hit, and the work schedule of her daughter, Amanda Whitbeck, an employee of Finger Lakes Community College, was disrupted.

“Amanda needed help with child care and with the COVID, we weren’t sure if the college would be open,” she said. “So, when she did have to report, I could watch her two children.”

The McCanns have two other grown daughters – Rachel Obrokta, of Williamsville, and Kristen Maskell, of Manassas, Va. -- and five grandchildren, ranging from 14 months to 10 years old.

As she nears her 70th birthday, McCann said she won’t have any problems remaining active. Her hobbies include needlework, tai chi, reading, gardening, cooking, travel and language study, and, of course, spending time with the family.

“I’ve studied Spanish, French and Italian, depending on where we are planning to travel next,” she said. “I gave up on Dutch.”

DISCLOSURE: Story written by Mike Pettinella, GCASA publicist.

Batavia man going to federal prison for possession of child pornography

By Howard B. Owens

Press release:

U.S. Attorney James P. Kennedy Jr. announced today that Daryl Sumeriski, 52, of Batavia, who was convicted of possession of child pornography, was sentenced to serve 60 months -- a total of five years -- in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Sumeriski was residing in a halfway house in Bath, when fellow residents expressed concern about certain images they observed on the defendant’s cell phone and alerted authorities.

As a result, a search warrant was executed and investigators found more than 3,000 images of child pornography on Sumeriski’s phone. Some of the images depicted the violent abuse of infants and toddlers.

The sentencing is the result of an investigation by the Department of Homeland Security, under the direction of Special Agent-in-Charge Kevin Kelly.

Batavian Zach Watts sets sights on 'cutting-edge' Main Street barber shop

By Mike Pettinella

With a vision of owning a business that becomes “a staple of the community,” Batavian Zach Watts is in the process of converting a vacant Downtown store into the My Cut barber shop.

“This is a dream of mine,” said Watts, 36, who has spent the past two decades interacting with area residents as a restaurant server/manager, including the last 15 years as Victor Marchese’s “right hand man” at Main Street Pizza. “Now that I have the chance, I want to put my best foot forward into this, and give it everything I got.”

Watts said that he and a minority owner will be leasing nearly 900 square feet of space at the site of the former Pollyanna & Dot/Hidden Door at 202 Main St. The building is owned by David Howe, co-owner of the neighboring Charles Men’s Shop.

Howe said he sees the barber shop as a great fit.

“We’re (he and business partner Don Brown) are really excited about it,” Howe said. “I think it’s a perfect mix for Downtown, not that we don’t have good barbers in town, because we do, but I think the location and Main Street work very well. For us, it’s a nice addition to the building – being near our business, and also down the street from our other business, Batavia Bootery.”

Watts said he is looking for experienced barbers and hairstylists to rent a chair and get the business off the ground while he completes the training required to earn his license. The custom workstation being built by craftsman Conrado Caballero, of Le Roy, will accommodate four professionals.

“The opportunity to get this space was the determining factor of whether I was going to do this or not,” Watts said. “This location is prime. I’m kind of putting the cart before the horse here, and jumping into it without having the necessary education to be, quote, unquote, licensed. I still need to receive that certification.”

In the meantime, his goal is to attract men or women barbers/stylists who are “willing to learn and willing to teach, too.”

“We’re seeking people who want an opportunity to be part of something that hopefully will last forever. But for me, I’m looking for someone to come in – for the first six months – and make a name for themselves. Take walk-ins, take a lot of calls, and be put in a position where they can have the whole shop to themselves without the liability of owning the shop.”

Watts said he will continue to work at Main Street Pizza while going to school, which will cover about four and a half months.

“I realize it will be a balancing act – having a job and taking care of my kids – but it will be worth it,” he said. “I know it is a tough time to be starting a business – it’s a tough time to be alive, really, with all the uncertainty – but one thing I’ve learned is the only thing you can control is your effort … and hopefully you reap the benefits from it.”

Watts has two children, Jaslynne, 13, and Carson, 8, and a significant other, Haley Brown, of Elba.

Based on his employment history, putting forth the effort won’t be a problem for Watts.

“Things have been up and down but I’ve always worked, starting in the restaurant business when I was 14 (at Sunny’s Restaurant),” he said. “I was just blessed with an opportunity for somebody to give me work, and I’ve stayed in the restaurant business for a while – working at Alex’s Place for a few years before getting a huge break to get into Main Street Pizza on the ground level when Vic opened up.”

He gives much credit to Marchese for “putting me in this position” and his mother, Annie Watts, a longtime and well-known restaurant server, for his work ethic.

“Victor has done everything for me to get me into a position to succeed. He’s shown me what it is like to open a business, and to have it be sustainable and be successful,” Watts offered. “I’ve had the privilege of watching him for a long time and have seen him make some great decisions. He’s my mentor; he’s my guy.”

He said his mother is “one of the hardest working people I know and she taught us (he and brother, Nick Gaudy, who also works at Main Street Pizza) what it means to work,” he said. “Without that, I wouldn’t be here today.”

Watts said he wants his shop to establish its own personality -- a place that is inviting with a menu of offerings such as contemporary cuts for men and boys (and shorter cuts for women), as well as straight shaves and hot shaves. He is hoping to open around Sept. 1.

“This is Christmastime coming up, plus school cuts, and a lot of people, teachers, are starting work now, and they all want to look good,” he said. “And if you look good, you feel good. I want the community to take advantage of a different style that has become more popular with younger people, something that is missing in this town.”

Watts said he is hoping to find barbers/stylists who are “very technical with their styling.”

“A lot of the trends with the younger generation are about designs in their hair; they want their hair styled in a certain way,” he said. “We’re trying to develop a barber shop that becomes a staple in this community, and given its location and the incredible businesses surrounding it that have been here, we feel we have an excellent chance to succeed.”

He also thanked Howe for being “incredibly supportive … and giving me a couple months to get my feet on the ground and run with something.”

Howe said he believes in Watts’ business model and looks forward to working with him.

“I think he has a good game plan, and there are so many things that we can do together,” Howe said. “We do a lot of wedding parties, and just that mix, I think, can be really good. People get spruced up in their tuxedos and suits and suit rentals and that type of thing, and good grooming goes right along with that.”

Photo by Mike Pettinella.

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For more information about My Cut, contact Watts at (585) 201-1335.

Even as NYACLU pressed lawsuit, detention facility officials kept coronavirus at bay

By Howard B. Owens

Even though officials at the Buffalo Federal Detention Facility were able to contain an initial outbreak of COVID-19 back in April and there have been no new cases since, the New York American Civil Liberties Union apparently filed a lawsuit against Immigration and Customs Enforcement on behalf of inmates at the facility.

The lawsuit claimed vulnerable detainees were not given proper protection and the terms of a settlement reached this week, the NYACLU told WXXI, will ensure those protections are in place if there is another outbreak at the facility.

In April, there were 49 detainees who tested positive, all housed in two pods segregated from the rest of the facility's population, and most were asymptomatic. All recovered without the virus spreading out of those two pods.

A source at the facility at the time said because of the closed nature of a detention facility, all detainees are considered vulnerable, not just older detainees. As a result, staff has taken several measures to contain the spread of the virus, a source told The Batavian in April.

According to the source, at the start of the novel coronavirus outbreak, the director of the facility, Thomas Feeley, ordered regular, thorough cleaning, including wiping down door handles with bleach every hour.

"Every time you turn around," the source said, "you smell bleach."

There is medical staff on duty inside the facility 24/7 and posters have been placed in the facility to inform detainees about COVID-19 and how to protect themselves, the source said in April.

The facility can hold 650 detainees. Today, a spokesman for ICE said the facility has maintained about a 300-person detainee count since the outbreak to help ensure social distancing is maintained.

ICE issued the following statement about the settlement:

“The facility’s response to the public health crisis has been exemplary. There are currently no active cases of COVID-19 at the facility. The men and women employed at BFDF, including the dedicated medical professionals with ICE Health Service Corps (IHSC), are the best in their field and have taken extraordinary precautions to keep both our detainees and staff safe,” said ICE ERO Buffalo Field Office Director Thomas Feeley. “The settlement reached has affirmed the value of the proactive measures previously undertaken, which has protected both staff and detainees.”

There have been news reports of a "surge" of COVID cases at ICE facilities but there have been no new cases at the facility in Batavia since April and the ICE COVID-19 information page reports fewer than 50 detainees nationally have tested positive, with the largest count, 15, at a facility in Lousiana.

Batavia Town planners have no issue with Oakwood Hills developer's plans to subdivide duplex

By Mike Pettinella

The Batavia Town Planning Board tonight saw no problem with the Oakwood Hills developer’s plan to subdivide a duplex to expedite a sale of one half of the dwelling at 5169-5171 Loral Oak Way.

Oakwood Hills is the 100-acre housing tract located off of East Main Street Road, adjacent to Seven Springs Road and across from Genesee Valley Agri-Business Park.

Developer Peter Zeliff applied for a minor lot subdivision in the residential zone after attracting a buyer for one half of the duplex.

“The plan all along was to build duplexes on some of lots and sell people a half a duplex – like a patio home or townhome the way it’s done in other places,” Zeliff said. “I have one of the halves sold, so now we have to split the lot with a zero lot line – the property division will go right through the house, the dividing wall of the duplex. I need to get this done so we can close the sale.”

Zeliff said the buyer is an individual moving into the area to work at HP Hood in the agribusiness park.

Before the unanimous vote to approve Zeliff’s application, Planning Board Member Paul McCullough asked if there were any deed restrictions or “provisions to prevent (the owner of) one side putting up a steel roof versus an asphalt roof or changing the color of the siding.”

Zeliff said that attorneys are drafting a “condominium agreement” that would require owners of both sides to place money into escrow (for potential changes) and to go before the Homeowner Association for review and final approval.

About 30 homes are occupied at Oakwood Hills, of which six are duplexes, said Zeliff, adding that he is looking to similarly subdivide the other five.

He asked planners if he would be able to apply to have the other five subdivided as a group prior to any future half-duplex sales, and Chairperson Kathy Jasinski said she thought that was a reasonable request.

Zeliff said that Ryan Homes built 15 houses last year and, currently, three homes are under construction. He also said that he sold six more lots this year.

The cost of the lots ranges from $30,000 for a 60- by 150- to 200-foot parcel to $70,000 for a lot of almost an acre, Zeliff said. Homes generally start at $190,000.

In another development, Building Inspector Daniel Lang said HP Hood officials indicated they are planning an addition to the plant’s refrigeration warehouse unit, but haven’t submitted an application yet.

Local proprietor: Bowling industry is on the brink of disaster if centers aren't allowed to open soon

By Mike Pettinella

The proprietor of Mancuso Bowling Center in Batavia believes the future of the industry is at stake if Gov. Andrew Cuomo doesn’t allow bowling centers to reopen immediately.

Rick Mancuso, in a letter sent to Assemblyman Stephen Hawley today, is imploring the governor to let bowling centers reopen in a safe and conscientious manner, adding that the month of August sets the stage for operations continuing into next spring.

“If we do not get our leagues signed up and committed, bowlers will find other options for entertainment,” Mancuso wrote. “There will be no coming back for this recreational past time that has provided for local communities in a multitude of ways.”

Mancuso is speaking for proprietors of nearly 300 bowling centers and close to 9,000 employees in New York State, many of whom have written similar letters, signed petitions and sent emails, held press conferences – and even sent bowling pins featuring pleas to reopen to the governor – in an effort to solicit a response from Albany.

Bowling centers were forced to close in mid-March due to the COVID-19 pandemic, wiping out the end of their league seasons and any tournaments on their schedule. And while centers in Connecticut and New Jersey have reopened; halls in New York remain dark. At least two centers in the state have closed for good, including Miller Lanes in Honeoye Falls.

A fixture in the community for nine decades, Mancuso Bowling Center is one of 10 centers serviced by the Genesee Region USBC, a local association affiliated with the United States Bowling Congress. The USBC cancelled its national tournaments in 2020 and, more recently, announced that it will not conduct any events through the rest of this year.

Mancuso said he is very concerned for the future of individual businesses and the industry, in general.

“The timeline for events in the bowling business begins from the beginning of August to the middle of August for the upcoming 30-week season and the startup of leagues is generally immediately after Labor Day,” he indicated in his letter. “We need to get some guidance and communication now as to what the plan is for bowling centers across the state … a plan as to how we are going to survive and move forward.”

He also noted that the bowling industry has been in a steady decline over the last couple decades due to a number of factors, mostly unrelated to the owners’ own actions.

“This (present) time is threatening to push the industry over the edge and force closure of centers. Hundreds of thousands of square feet of buildings will become vacant, which will affect not only local/state taxes but the quality of life in hundreds of communities,” Mancuso said.

In a related development, Randy Hanks, owner of Oak Orchard Bowl in Albion, was on a Zoom videoconference this morning, and he reported that the New York State Bowling Proprietors Association will be distributing a two-minute public service announcement to NYS proprietors.

“It will explain what we’re doing in regard to social distancing, disinfecting and other measures to ensure that we open safely for everyone – customers and our employees,” he said.

NYS BPA President Doug Bohannon, proprietor of Kingpin’s Alley Family Fun Center in South Glens Falls, said that proprietors will be reimbursed up to $50 for posting the “Safe, Sanitized and Ready to Roll” commercial spot and sharing it with as many people as possible.

“We are working hard to get the governor’s attention … to keep the awareness up there concerning our situation,” Bohannon said.

He also mentioned that fitness center and gym owners are in the process of filing a class action suit against the governor, but that the NYS BPA is not considering going down that route at this time.

SIx people in mandatory isolation after five new COVID-19 cases reported since Friday

By Howard B. Owens

Press release:

  • Genesee County received five new positive case of COVID-19.
    • The new positive cases reside in Batavia, Elba and Pembroke.
    • One of the positive individuals is in their 20s, one is in their 40s, one is in their 50s, one is in their 60s, and one is in their 70s.
    • The individuals were not on mandatory quarantine prior to testing positive.
    • Thirty-three new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.
    • Five of the previous positive individuals have recovered and have been removed from mandatory isolation.
       
  • Orleans County received one new positive case of COVID-19.
    • The new positive case resides in Yates.
    • The individual is in their 50s.
    • The individual was not on mandatory quarantine prior to testing positive.
    • Twenty-seven new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.

Law and Order: Le Roy woman accused of obstructing breathing, child endangerment and criminal mischief

By Billie Owens

Joanne Merica Pangrazio, 49, of South Street Road, Le Roy, is charged with criminal obstruction of breathing, two counts of endangering the welfare of a child, and criminal mischief. On Aug. 2, Pangrazio was arrested and arraigned in Bergen Town Court. The charges stem from a domestic incident reported about 1:50 p.m. on Aug. 2 on South Street Road. She was arrested at the scene and transported to Genesee County Jail for processing and virtual arraignment. She was released on her own recognizance and is due in Genesee County Court at 10 a.m. on Sept. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen.

Judd Allen Farewell Jr., 29, of Maltby Road, Oakfield, is charged with criminal mischief -- intentionally damaging property. On Aug. 3, Farewell was arrested after he allegedly intentionally damaged the toilet in his jail cell at the Genesee County Jail. He was issued an appearance ticket and is due in Batavia City Court to answer the charge on Aug. 18. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Grand Jury report: Man age 21 or older accused of predatory sexual assault against a child less than 13

By Billie Owens

Nelson E. Figueroa Jr. is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on May 1 in the City of Batavia, the defendant -- who is 18 or older -- committed the crime of criminal sexual act in the first degree by engaging in oral sexual conduct with another person who was less that 13 years old. In count two, he is accused of the same crime. It is alleged that from Jan. 1 through April 30, he committed the crime of course of sexual conduct against a child in the first degree by engaging in two or more acts of sexual conduct, which included at least one act of oral sexual conduct with a child under age 13, over a period of time not less that three months in duration. In count three, Figueroa is accused of the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that on May 1 Figueroa was age 21 or older and subjected a person less than 13 years old to sexual contact. In count four, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count four that Figueroa, from Jan. 1 through April 30, knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Daniel J. Wolfe is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 18 on Liberty Street in Batavia that he violated an order of protection by threatening to punch the protected party. In count two, he is accused of the same crime for allegedly punching the victim. In count three, he is accused of the same crime for allegedly threatening serious physical injury or death by displaying a dangerous instrument -- a sword. In count four, he is accused of second-degree harassment. It is alleged in count four that on Nov. 18 he intentionally harassed, annoyed or alarmed another person by striking, shoving, kicking or subjecting a person to physical contact, or attempting or threatening to do so. In count five, he is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death -- or attempting to do so -- by displaying a dangerous instrument -- a sword. In count six, Wolfe is accused of the crime of menacing a police officer, a Class D violent felony, for allegedly intentionally placing or attempting to place a police officer in reasonable fear of physical injury, serious physical injury or death by displaying a knife when the officer was performing official duties. In count seven, Wolfe is accused of the same crime as in count six but is accused of displaying a BB rifle. In counts eight, nine and 10, Wolfe is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in counts eight, nine and 10, respectively, that on Nov. 19 on Liberty Street in Batavia that he possessed dangerous instruments -- a knife, a samurai sword, and a BB rifle, with intent to use them unlawfully against a person. In count 10, Wolfe is accused of the crime of attempted killing of a police work dog, a Class E felony. It is alleged in count 10, that on Nov. 19, Wolfe attempted to kill Genesee County Sheriff's Office K-9 Frankie by swinging a knife at K-9 Frankie. In count 12, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property belonging to another person in the City of Batavia; he is accused of breaking two windows. In Special Information filed by the District Attorney, Wolfe is accused of having been convicted of petit larceny, a Class A misdemeanor, on Feb. 20, 2014 in the City of Batavia Court and that conviction forms the basis for elevating counts eight, nine and 10 in the current indictment to criminal possession of a weapon in the third degree -- class D felonies.

William T. Hughes is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 25 at an address on South Spruce Street in the City of Batavia, Hughes violated an order of protection issued in February by striking, kicking or shoving a victim protected by the order, or he attempted or threatened to do so. In count two, Hughes is accused of first-degree criminal contempt, also a Class E felony, for placing a person with an order of protection against him in reasonable fear of death, imminent serious physical injury or physical injury. In count three, Hughes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that the defendant intended to impede normal breathing or blood circulation of the victim by applying pressure on their throat or neck. In count four, Hughes is accused of second-degree criminal contempt, also a Class A misdemeanor, for allegedly intentionally disobeying a mandate of the court in violation of an order of protection by telephoning the victim July 20. In count five, Hughes is accused of a second count of second-degree criminal contempt for allegedly phoning the victim in February in violation of an order of protection. In count six, the defendant is accused of a second count of first-degree criminal contempt for violating an order of protection by failing to stay away from the protected person as required by the court.

Franklin D. Cook is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Jan. 8 in the Town of Elba, Cook intentionally disobeyed a family offense stay away order of protection by being in the presence of the protected party. In count two, Cook is accused of the same crime on March 27. In count three, the defendant is accused of the same crime for a third time for allegedly harassing, annoying, threatening or alarming the protected party and subjecting the person to physical contact. In count four, Cook is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly appying pressure on the throat or neck of the victim. In Special Information filed by the District Attorney, Cook is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 in Town of Elba Court and that conviction is within five years of the crimes alleged in the current indictment.

Roy L. Watson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 4 in the City of Batavia that Watson knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures of substances containing cocaine, and these had an aggregate weight of an eighth of an ounce or more.

David J. Reschke is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged in counts one through six that on Nov. 30 in the Town of Le Roy that Reschke stole, respectively per count: a Syrchony credit card; a Citi Simplicity credit card; a Chase credit card; Discover Business credit card; a Le Roy Sports Boosters debit card; and a Five Star Bank debit card. In count seven, the defendant is accused of a seventh count of fourth-degree grand larceny for allegedly stealing property having a value exceeding $1,000, in this case about $2,400 in U.S. currency. In count eight, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing a purse and its contents that day in the Town of Le Roy.

Judd A. Farewell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between the late evening hours of Jan. 16 and the early morning hours of Jan. 17, that Farewell knowingly and unlawfully entered a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, Farewell is accused of second-degree criminal mischief. It is alleged in count two that he intentionally damaged the property of another person in an amount exceeding $1,500. The property consisted of various copper piping and a valve on a boiler system on Lake Street in the Town of Le Roy. In count three, Farewell is accused of petit larceny, a Class A misdemeanor, for allegedly stealing an Xbox, Xbox controller and 15 Xbox games. In count four, he is again accused of petit larceny for allegedly stealing two blue totes containing miscellaneous tools.

Mark R. Ogee is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Feb. 24 in the Village of Le Roy, that Ogee drove a 2001 Chevrolet on state routes 5 and 19 while in an intoxicated condition. In count two, Ogee is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 percent at the time, as shown by a chemical breath analysis. In count three, Ogee is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for knowing or having reason to know that his driver's license was revoked by authorities in New York at the time of this incident and while he was under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Ogee is accused of having been convicted of DWI, as a misdemeanor, on Oct. 15, 2018 in Town of Caledonia Court. The conviction forms the basis of count three in the current indictment.

Joshua L. Baltz is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony. it is alleged that on May 23 in the Town of Alexander, that Baltz drove a 2019 Ford on Route 98 while knowing or having reason to know that his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, Baltz is accused of driving while ability impaired by drugs at the time. In Special Information filed by the District Attorney, Baltz is accused of having been convicted of DWI on March 3, 2008 in Town of Warsaw Court and that conviction forms the basis for the suspension or revocation referred to in count one. Furthermore, the District Attorney states that Baltz knew of the prior conviction and that his suspension or revocation was still in effect.

James J. Bartosik Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 15 that Bartosik drove a 2005 Dodge on the Genesee County Fairgrounds parking lot while he was intoxicated. In Special Information filed by the District Attorney, Bartosik is accused of having been convicted of DWI, per se, as a felony, on Nov. 24, 2014 in Orleans County Court. The conviction was within 10 years of the crime alleged in the current indictment.

David Vega is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 8 in the City of Batavia, that Vega drove a 2008 Chevrolet on Clinton Street while his driver's license was suspended or revoked. It is further alleged that he had 10 or more suspensions (14) imposed on at least 10 separate dates for failure to answer, appear in court or pay a fine: June 12, 1996 in the City of Canandaigua, Ontario County; March 10, 2009 in the Town of Ontario, Wayne County; April 14, May 19, June 2, July 28, Aug. 22, 2015, Rochester Administrative Adjudication Bureau, Monroe County; June 7 and July 8, 2015, Town of Gates, Monroe County; Nov. 18, 2015, Town of Irondequoit, Monroe County; Dec. 19, Dec. 25, 2015 and Feb. 11, 2016, and Aug. 5, 2018 -- City of Rochester, Monroe County.

One new COVID-19 case reported in Genesee County, person in their 30s residing in Batavia

By Billie Owens

Press release:

New Cases – As of 2 p.m. 

  • Genesee County received one new positive case of COVID-19.
    • The new positive case resides in Batavia.
    • The individual is in their 30s.
    • The individual was not on mandatory quarantine prior to testing positive.
    • Twenty-three new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized. 
       
  • Orleans County received one new positive case of COVID-19.
    • The new positive case resides in Shelby.
    • The individual is in their 60s.
    • The individual was not on mandatory quarantine prior to testing positive.
    • Twelve new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.
       

Genesee County central school districts unveil plans for reopening this fall

By Mike Pettinella

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

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

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

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

ALEXANDER

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

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

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

BYRON-BERGEN

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

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

ELBA

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

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

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

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

LE ROY

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

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

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

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

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

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

OAKFIELD-ALABAMA

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

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

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

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

PAVILION

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

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

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

PEMBROKE

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

He issued the following information:

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

Area child care center operators are contending with a variety of different challenges

By Mike Pettinella

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

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

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

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

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

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

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

KELLY’S IMAGINATION STATION

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

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

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

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

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

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

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

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

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

LITTLE GUPPIES CHILDCARE

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

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

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

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

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

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

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

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

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

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

PRECIOUS PLAY CARE

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

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

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

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

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

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

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

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

GCC ASSOCIATION CHILD CARE

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

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

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

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

GENESEE AREA FAMILY YMCA

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

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

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

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

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

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From County Manager Jay Gsell:

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

Two new COVID-19 cases reported in Genesee County, one in Batavia, the other in Le Roy

By Billie Owens

Press release:

New Cases – As of 2 p.m.

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

Law and Order: Batavia man accused of threatening harm to person because of their 'race, color and nationality'

By Billie Owens

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

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

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

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

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

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

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

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

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