notify

Update: June 25, 8 a.m.

According to a report in The New York Times, the State of Washington has been dropped from the list after a review of the data.

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Unsure as to how Phase Four of New York’s business reopening plan will unfold, Genesee County legislators tonight were informed of another fresh development from the desk of Gov. Andrew Cuomo – a joint advisory mandating a 14-day quarantine of individuals traveling from states with “significant community spread” of COVID-19.

County Manager Jay Gsell reported on a press release issued earlier today that New York, New Jersey and Connecticut have joined forces to impose the order on those returning to their states from a state with a positive test rate higher than 10 per 100,000 residents over a seven-day rolling average, or a state with a 10 percent or higher positivity rate over a seven-day rolling average.

Gsell said the advisory, which takes effect at midnight, currently affects travelers coming back from Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Utah, Texas and Washington.

“This has caught everybody by surprise,” Gsell said during the legislature’s regular meeting at the Old Courthouse. “Hopefully, clarity will be forthcoming, but it is causing a great deal of concern and consternation.”

Gsell wondered out loud how this travel advisory will be handled at the local level and who will be responsible for discovering if someone or a group of people have returned from one of the aforementioned states.

It puts a lot of pressure on the hotel operators, he said.

Cuomo teamed with New Jersey Gov. Phil Murphy and Connecticut Gov. Ned Lamont at a press conference today to announce the action.

“We've been working with our neighbors in New Jersey and Connecticut throughout this entire pandemic, and we're announcing a joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days,” Cuomo said.

The press release noted that the three state leaders will provide frequent updates and “publish on their respective websites a list of states to which the new advisory applies.”

It went on to state that the measure will use uniform parameters and messaging on highways, airports, websites and social media across the three states. The three states will also ask hotels to communicate the 14-day quarantine to guests who have traveled from one of the impacted states.

Gsell also speculated that the “compact,” as he called it, could be expanded to place quarantine mandates for travelers returning to other states bordering or in close proximity to New York.

Reportedly, a $2,000 fine may be assessed to first-time violators, with the fine increasing to $10,000 if the violator(s) harm others by ignoring the quarantine.

On Tuesday, it was announced that the Finger Lakes Region will move into Phase Four on Friday, but the type of businesses that can reopen are limited to low-risk outdoor and indoor museums, art galleries, historical venues and zoos, as well as media production companies.

Click here for a story posted this morning on The Batavian.

In county business, the legislature passed the following resolutions:

-- Acceptance of $11,956 from the Office of Justice Bulletproof Vest Program for the purchase of body armor for sheriff’s deputies and correction officers. Sheriff William Sheron previously indicated the funding will cover about a dozen bulletproof vests.

-- A contract for $97,083.39 with Johnson Controls of Rochester to replace fire alarms and a contract for $47,766.25 with Chemung Supply Corp. of Elmira to replace the bridge decking of the McLernon Road bridge in the Town of Bethany. A capital project has been established for the bridge replacement, with the local share of $50,600 to be used to cover the cost.

-- Scheduling of a public hearing for 5:30 p.m. Wednesday, July 22 at the Old Courthouse for Genesee Community College’s proposed operating budget for 2020-21. Genesee County contributes $2,636,374 to the college’s $38.1 million spending plan.

-- Elimination of computer support technician and systems specialist positions as part of an organizational restructuring of the technology department. The two employees in those jobs currently are furloughed. The estimated cost savings in salary and benefits in 2020 is $63,613 (not including the furlough) and in 2021 is $152,671.

-- Requiring proof of liability insurance in the amount of at least $1 million from Genesee Country Farmers’ Market, the Batavia Improvement District, and the City of Batavia in order for the county Office for the Aging to distribute state Health Department Farmers’ Market vouchers to customers and set up an information table at the Genesee Country Farmers’ Market at the Alva Place parking lot from June 30-Oct. 2.

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July is Park and Recreation Month

Photo: The Genesee County Legislature tonight designated July as Park and Recreation Month. Displaying the proclamation are, from left, Shannon Lyaski, Conservation Education Program coordinator; Paul Osborn, deputy superintendent Facilities, Parks, Recreation & Forestry, and Tim Hens, superintendent. Facilities, Parks, Recreation & Forestry. Photo by Mike Pettinella.

It would be "very, very sad" way for baseball to end in Batavia and 41 other minor league cities if the baseball season were canceled and a new agreement between Minor League Baseball and Major League Baseball eliminated those small franchises, said Ben Hayes, president of the New York Penn League.

Professional baseball in Batavia was under threat of extinction before a pandemic hit, and news reports have indicated Minor League Baseball has conceded to the MLB's request to consolidate leagues across the nation. Still, Hayes said today that negotiations continue and nothing has been finalized.

Even better news, he isn't giving up on playing NYPL baseball in 2020. The season is indefinitely postponed, but Hayes said he and league owners and officials want players in parks and fans in seats this season if at all possible, including in Batavia.  

The NYPL operates in eight states, and there are only two stadiums so far that are in regions where COVID-19 restrictions have been lifted enough to allow fans and ballplayers into ballparks.

"There's nobody at the Major League level or the Minor League level that has said this season is over and done," Hayes said. "Nothing has been canceled at either the full-season or short-season level."

If a decision was made to play ball, the MLB has suggested it would take players two or three weeks to get ready for the rigors of professional baseball.  

Hayes is currently traveling around the league, including a planned stop in Batavia, and league owners have been holding regular conference calls so they can be ready for the day when there can be baseball again.

Every team is developing plans to ensure social distancing is maintained; there is plenty of personal protective equipment for personnel; there are plans for thorough and regular cleaning and sanitizing in place, and to ensure that hotels and busses are safe and clean. 

"Everybody has a plan right now," Hayes said. "We're following the guidelines to make sure our players are safe but also our fans and stadium staff or safe. Right now, it's just a waiting game."

If the season is washed out, Hayes said he has already communicated with the Minor League's negotiating committee to request that any new agreement that could potentially eliminate teams would be delayed at least a year so that fans in those cities losing their franchises could get a farewell season before shutting down.

"That's my hope," Hayes said. "We voiced that to our representatives on the negotiating committee," Hayes said. "There are 42 clubs out there that if that plan were to go through, they would have never gotten a chance to have a last season, and that would be very, very sad."

As for the current operations of the Muckdogs, if you call the office, the phone is disconnected. It's not possible to get in touch with General Manager Brendan Kelly.  

Hayes said shutting down operations was purely a cost-saving measure and not an indication of the status of the ballclub.

"We're just trying to save money," Hayes said. "We're trying not to accrue costs simply because of the financial situation of the Muckdogs."

Meanwhile, except for the city mowing the infield and outfield grass, the playing surface is not being maintained. Weeds are sprouting up all over the diamond that Cooper Thomas has beautifully manicured over the past couple of seasons. 

None of that is a worry, Hayes said. 

"We can get that back in shape in two or three weeks once we get a grounds crew in there," Hayes said. 

The weeds maybe a little bigger but the situation now isn't much different than it would be in a typical year when crews start preparing the field for high school players in the spring.

"It's amazing what an edger and a lawnmower and a little bit of fertilizer and weed killer can do," Hayes said. "It makes a huge difference and you can really turn a field around quickly."

Whether Thomas will return in 2020 to lead that effort -- assuming the NYPL gets to play baseball -- is up in the air, Hayes said. He would love to have Thomson back and Thomas wants to come back, he said, but President Trump's current moratorium on worker immigration because of COVID-19 could prevent Thomas from making the trip from Australia to Batavia.

Top Photo: Weeds growing in the Dwyer Stadium infield.

Yesterday, the Dwyer Stadium scoreboard was lit up with "Reds 0 / Pirates 0 / PPD."

Word out of the Finger Lakes Region “control room” is that Phase Four will begin on Friday for some, but not all, of the businesses waiting to resume operations that have been shut down by the COVID-19 pandemic.

According to the most recent update, businesses given the green light to reopen include low-risk outdoor and indoor museums, art galleries, historical venues and zoos.

Additionally, media production will be allowed to restart – activities such as motion picture, television, streaming and music productions on set, on location or at any production or recording site.

Several businesses will have to wait a while longer, however.

Classified as high-risk activities, those businesses not allowed to reopen yet include: amusement parks, water parks, arcades, bowling centers, casinos, concerts, movie theaters, performing arts or other theatrical productions.

Furthermore, concerts, shows or carnivals that would exceed a limit of 25 people also remain on hold.

Contacted this morning, Genesee County Manager Jay Gsell, who is part of the region’s “control room" of about 30 people, said that although Phase Four is the last of the state's reopening phases, it could go on for an extended period of time.

“There’s going to be the potential for – not a Phase Five – but Phase Four will just take longer, and we’ll continue to see more and more specified guidances for the parts of the economy that are presumed to be part of Phase Four,” he said.

Gsell mentioned that CDC protocols and the science would indicate that “the potential for community spread of new infections would very likely increase significantly if there is not a gradual … rollout in the Phase Four grouping.”

He also reported that the Genesee County Chamber of Commerce will host a Phase Four reopening Zoom webinar for the business community from 10 to 11 a.m. Thursday.

For more information, go to www.geneseeny.com.

After hitting an unprecedented 14.4 percent in April, Genesee County's unemployment rate fell sharply for May, dropping to 10.1 percent.

That is a level more in line with the area unemployment rate at the depth of the great recession when unemployment topped out at an even 10 percent January and February of 2010.

Of course, the May 2020 unemployment rate is much higher than the 3.4 percent of a year ago.

At the same time, there are also more people participating in the workforce in Genesee County than a year ago, an increase of 200 workers who either have employment or are seeking employment, from 29,300 to 29,500.

The total number of local residents considered unemployed is 3,000, compared to 1,000 a year ago, 4,200 a month ago, and 1,400 two months ago.

The state's unemployment rate is 14.2 percent, up from 3.6 percent a year ago, and the U.S. unemployment rate 13 percent. Nationally, it was 3.4 percent a year ago in May.

Press release:

• Genesee County received three new positive cases of COVID-19, for a total of 215 positive cases.
  • Two of the positive individuals reside in Batavia and one resides in Byron.
  • Two of the individuals are in their 40s and one is in their 50s.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Zero of the new positive individuals was on mandatory quarantine prior to testing positive.
  • One of the total active cases are hospitalized.
• Orleans County received zero new positive cases of COVID-19 today, for a total of 263 positive cases.
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Thirteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

There are now 10 active cases in Genesee County.

From the City of Batavia Police Department:

On June 18 at approximately 11 p.m., officers were dispatched to the area of Hutchins Place and Lewis Place for a large disturbance.

Upon arrival, patrols found several individuals fighting, with numerous different fights taking place. Some of the suspects had weapons such as knives, tasers, and bats and were allegedly threatening individuals with those items. Other suspects were allegedly throwing rocks at people and vehicles in the area.

After several minutes, officers were able to get the situation under control. No injuries were reported but two vehicles were damaged.

A thorough investigation was conducted and concluded that the incident began over fireworks being thrown at one of the damaged vehicles and a residence. The parties involved have had previous issues with one another.

The Batavia Police Department arrested the following individuals:

• Eric McGill, 37, of Hutchins Place, Batavia, one count (PL 265.02-1) – criminal possession of a weapon in the third degree (a Class D felony);
• Delonta Curry, 19, of Warner Street, Rochester, one count (PL 265.01-2) – criminal possession of a weapon in the fourth degree (a Class A misdemeanor); one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
• Hezekiah Burch, 18, of Hutchins Place, Batavia, one count (PL 145.00-1) – criminal mischief in the fourth degree (Class A misdemeanor); one count (PL 240.05) -- riot in the second degree (Class A misdemeanor);
• Louis Mercado, 32, Lewis Place, Batavia, one count (PL 145.05-2) – criminal mischief in the third degree (a Class E felony); one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
• Jasmine Ryder, 34, Lewis Place, Batavia, one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
• Lance Mercado Sr., 30, Lewis Place, Batavia, one count (PL 240.05) riot in the second degree (Class A misdemeanor).

Update 1:30 p.m.
The time for the media session on Thursday for K-9 Hank wlll be 3:30 p.m. at the rear of the City of Batavia police station.

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Community residents have stepped up in thousands of ways to support the City of Batavia Police Department's K-9 program.

Actually, the number is $11,228.53, which is the total amount of the donations sent into the City after the program was established last August, with the stipulation that donatons would be accepted.

At Monday night's City Council meeting, lawmakers voted to place the contributions into a committed fund just to be used for K-9-related expenses.

Police Chief Shawn Heubusch told The Batavian that a press conference is being arranged for this Thursday at police headquarters to introduce Hank, a 1-year-old Belgian Malinois (pronounced MAL-in-wah), and his handler, Officer Stephen Quider, and to provide details about the program.

The Belgian Malinois is known as a hard-working, protective and smart breed with an ability to detect explosives, accelerants and narcotics. The name is derived from Malines, the French name for the breed's Flemish city of origin, Mechelen.

The male Malinois, which can weigh up to 75 pounds, is sometimes classified as a variety of the Belgian Shepherd.

Hank and Officer Stephen Quider attended last weekend's Juneteenth event at the YWCA of Genesee County.

“I jumped at the chance (to partner with the dog),” Quider said.

So, it looks as though the department's newest trainee is almost ready to em-“bark” on his journey to serve and protect.

In other action, Council:

-- Moved the bid process and determination for the Franklin Street-Richmond Avenue sewer rehabilitation project to its July 13^th Business Meeting.

According to Public Works Director Matt Worth, the City will see significant cost savings by changing the focus from a complete sewer line replacement on Franklin Street to an excavated repair of one section and relining of the rest of the line, and then to include relining of the Richmond Avenue sewer ahead of its rehabilitation project in 2022.

“The original budget for this project was $1,048,596, including engineering costs,” Worth said, “but with the changes, the cost will be significantly lower even with the addition of the Richmond Avenue lining.”

Worth said engineering fees will drop from around $240,000 to $57,800 “due to the reduced effort required to design and inspect a lining project compared to full open construction with new sewer.”

He also said he expects the construction cost to be “well under” the original estimate of $806,000 when the bids are opened on July 2.

-- Voted to authorize Council President Eugene Jankowski to facilitate the acceptance of $16,000 from the Genesee County Youth Bureau to support the Liberty Center for Youth and City Summer Recreation Program.

-- Voted to appoint three City residents – Nicholas Harris, Marc Staley and David Leone – and two Council members – Robert Bialkowski and Jeremy Karas – to the Audit Advisory Board for a term ending Dec. 31.

CORRECTION: We previously published a picture taken June 6 of Officer Stephen Quider with a K9. It turns out that dog was returned and "Hank" is a different dog so we've removed the photo.

While some restaurants have been able to utilize their patios and decks to increase the number of customers during the COVID-19-induced 50-percent capacity phase, others without outdoor dining areas are limited by their four walls.

Batavia City Council members don’t think that’s fair and they are looking into a way to temporarily provide municipal space for dining establishments to serve their customers under sunny skies.

Acting City Manager Rachael Tabelski opened a discussion on the subject at tonight’s Council meeting at City Centre Council Chambers.

“I just wanted to update Council tonight and take your temperature on moving forward with the potential of outdoor dining expansion of restaurants that do not have their own capacity to expand on their own property,” said Tabelski, adding that Phase Two of the state’s reopening plan allowed for outdoor dining.

She said that many restaurants in Batavia took advantage of that and expanded on their own property, but just as many don’t have that option. As a result, three restaurant owners have contact City officials to see if it would be possible to expand onto City-owned property.

Since then, the Finger Lakes Region, which includes Genesee County, has moved into Phase Three – permitting restaurants to have on-premise dining with a maximum of 50-percent occupancy.

Tabelski said the topic also has been discussed during an economic development COVID recovery task force comprised of representatives of the Batavia Downtown Business Improvement District, Batavia Development Corporation, the City of Batavia, Genesee County and the Chamber of Commerce.

She also said there is guidance from the New York State Liquor Authority authorizing this, prompting her and City Attorney George Van Nest to draft an application that would be subject to review by City Council.

If approved, the dining establishment, after acquiring proper liability insurance, would be granted a temporary license to operate outdoors on municipal space.

Van Nest said the approval would constitute a “license agreement, not a license or permit, per se, but the actual ability to use that property … consistent with an event application.” He said the liquor authority requires the municipality to submit an application covering those properties and having an adjoining license certification from the restaurant.

Council Member John Canale said he has been thinking about this type of action during his trips around the City.

“To me, this is an absolute no-brainer,” Canale said. “It’s nice to see these restaurants getting creative (by using the sidewalks) and I hope that we as a City allow them to continue to do this for a period of time … Because their capacity is limited to 50 percent inside, if they can gain in nice weather the outside access, it would make up for that.”

Council members Kathleen Briggs and Patti Pacino said they agreed with Canale, while Council Member Jeremy Karas took it even further, suggesting that this could become a seasonal thing.

Council President Eugene Jankowski also said he thought it was a good idea as long as any expansion didn’t interfere with other businesses. He stopped short, however, of endorsing an annual benefit, stating that that was a discussion for another time.

After Council Member Rose Mary Christian said she also was on board with a permanent arrangement for using City land, Van Nest advised that it could evolve into the City requiring a lease agreement and trigger possible assessment implications.

The debate ended with Council asking Tabelski and Van Nest to get the application to Council members as soon as possible for placement on the agenda of their next meeting on July 13^th.

In other developments, Council:

-- Heard a report from Karas and Public Works Director Matt Worth that City crews and the state Department of Transportation will be joining forces to replace the sunken manhole covers on Route 98 (Oak Street).

Karas said the covers are causing excessive noise in the area, especially when tractor-trailers coming from or going to the Thruway exit roll over them.

Worth said the DOT has agreed to provide traffic control while City workers replace about 10 manhole castings that are in the driving lane and, finally, get rid of the “clunk-clunk times 100” sound that reverberates through homes along the way.

The tentative schedule calls for the new manhole castings to be replaced in August.

“We will be resetting (them) so they’re flush and then DOT will pave them in that area,” Worth said. “Hopefully, they’re nice and smooth … they’ll fit tight and the noise goes away.”

-- Heard a brief report from Canale that the committee charged with looking into the deer population problem in the City is almost ready to address Council with its recommendations.

Canale said the state Department of Environmental Conservation made a few changes with the wording and has given the City a deadline of Aug. 1^st to submit its application.

Calling it a “great plan,” Canale said the committee desires to have guidelines in place by the start of hunting season this fall.

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Following the meeting, Jankowski was asked if Council had discussed a plan to find a replacement for Martin Moore, who left his position as City manager on Saturday by what was publicly announced as a “mutual agreement.”

“We haven’t discussed it as a Council, but I know that City staff are doing research and they’re going to provide that information to Council so that we can make a decision as to how we want to go forward,” Jankowski said.

After it was mentioned that the City would get a “free search” from Novak Consulting Group since Moore's tenure lasted less than two years, Jankowski said, “if that is the case, then that’s definitely an option that we’d have to consider.”

The City contracted with the Ohio firm to coordinate the search in the summer of 2018.

Press release:

As of 2 p.m.

• Genesee County received four new positive cases of COVID-19, for a total of 212 positive cases.
  • One of the positive individuals reside in Batavia, one resides in Bethany, and one resides in Darien.
  • One of the new positive cases is a resident of The Grand Rehabilitation and Nursing at Batavia.
  • One of the individuals is in their 20s, one is in their 50s, one is in their 70s, and one is in their 80s.
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • One of the new positive individuals was on mandatory quarantine prior to testing positive.
  • One of the total active cases are hospitalized.
• Orleans County received three new positive case of COVID-19 today, for a total of 263 positive cases.
  • One of the new positive cases resides in Murray.
  • Two of the new positive cases reside at the Orchard Rehabilitation & Nursing Center.
  • One of the new positive cases is in their 50s, one of the new positive cases is in their 70s and one of the new positive cases is in their 90s.
  • The new positive community case was not on mandatory quarantine prior to testing positive.
  • Three of the previous community positive 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.
  • We have received word that we have lost an Orleans County resident due to COVID-19. The individual was a resident of Orchard Rehabilitation & Nursing Center. We extend our deepest condolences to the family and friends during this very sad time.

NOTE: There are eight active cases in Genesee County.

Judd Allen Farewell, 28, of Maltby Road, Oakfield, is charged with third-degree grand larceny. He was arrested June 16 on an arrest warrant out of Genesee County Court. He allegedly committed the crime he's charged with at 2:12 p.m. May 31 on Coe Avenue in Oakfield. He was arraigned and jailed without bail. He is due in county court on July 14. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Marshawn Jamal Singletery, 38, of Liberty Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia; driving while ability impaired by alcohol; registration display violation; operating a motor vehicle with a suspended registration. Singletery was arrested at 4:50 p.m. on June 19 on Swan Street, Batavia, after a motor-vehicle stop for having no license plates. He was allegedly found to be under the influence at the time and refused Data Master testing at Genesee County Jail. He was issued an appearance ticket for July 29 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted Deputy Ryan DeLong.

Hezekiah N. Burch, 18, of Hutchins Place, Batavia, is charged with disorderly conduct. At 10:20 p.m. on June 16, Batavia police responded to a report of a large fight in the area of State Street in Batavia. While investigating the incident, police arrested Burch after he allegedly "engaged in violent, tumultuous behavior towards another male." Burch was issued a computerized appearance ticket for Batavia City Court and he is due there on June 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Connor Borchert.

Andrew L. Kosiorek, 48, of State Street, Batavia, is charged with disorderly conduct. At 10:20 p.m. on June 16, Batavia police responded to a report of a large fight in the area of State Street in Batavia. While investigating the incident, police arrested Kosiorek after he allegedly "engaged in violent, tumultuous behavior towards another male." Burch was issued "a hand written appearance ticket (65007)" for Batavia City Court and he is due there on June 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Connor Borchert.

Mark Leroy Farley 51, of Harvester Avenue, Batavia, is charged with second-degree harassment. He was arrest at 3 p.m. on June 14 following a domestic incident at an apartment on Harvester Avenue. He was issued an appearance ticket and released from custody. Farley is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Joshua Girvin.

Jzon Anthony Richardson Sr., 21, of Oak Street, Batavia, is charged with disorderly conduct. At about 10:20 p.m. on June 16, Richardson was arrested at the intersection of Hutchins Place and Lewis Place, in Batavia, following a physical and verbal dispute. He was issued an appearance ticket for Batavia City Court and is due there on July 21. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Arick Perkins.

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

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

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

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

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

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

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

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

The Town Board unanimously passed the resolution.

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

The resolution called for the following:

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

In other news, the board:

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

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

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

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

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

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

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

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

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

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

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

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

Accepted license transactions to be conducted in-office include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Initial Report)

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

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

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

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

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

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

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

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

Photos by Mike Pettinella.

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

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

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

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

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

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

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

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

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

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

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

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

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

Jacobs issued the following statement following the announcement:

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

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

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

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

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

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

Stefan Mychajliw:

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

Nate McMurray:

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

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

Speaking of misleading, McMurray posted this tweet this evening:

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

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

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

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

Effective Saturday, Martin Moore is out as City of Batavia manager.

The City issued a press release minutes ago, stating as follows:

The City of Batavia and City Manager Martin D. Moore, Ph.D., have mutually agreed that he will be leaving on June 20, 2020, to pursue other opportunities.

The City would like to thank Marty for his service to the community since October 2018 and wish(es) him the very best in future endeavors.

In accordance with the City’s Charter, the Assistant City Manager Rachael Tabelski will assume the role on the departure of the Manager.

Specific reasons for the parting of ways were not immediately disclosed.

A call to Moore's cell phone of record was not answered.

Contacted by telephone, City Council President Eugene Jankowski said that “it’s a personnel matter and therefore I am unable to make a public comment.”

When asked if Council will be discussing the situation publicly during Monday night’s Conference and Special Business meeting, he said, “I don’t believe so.”

Earlier this month, there were indications that Moore’s tenure was about to come to an end.

In a June 9 story on The Batavian, Council Member Robert Bialkowski commented in connection to a 90-minute executive session of City Council following its June 8 meeting.

“As usual, in politics there’s always something going on, but I can’t comment. You’ll know soon enough,” Bialkowski said.

Jankowski, when advised of Bialkowski’s statement at the time, also refused to comment.

Moore reportedly caused the City some embarrassment recently when he made a commitment to racial justice advocates that the City would support a BBQ for Equality on June 7 at Williams Park without going through Council for proper authorization.

The event was cancelled, setting the stage for the March for Justice protest in Downtown Batavia on that day.

City Council hired Moore in August 2018 and he began his duties two months later.

His contract stipulated for a starting salary of $110,000, with increases of $2,000 annually. He also received retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance and a relocation reimbursement up to $10,000.

Moore had been the city manager of Eunice, N.M., for seven years prior to relocating to Batavia.

He replaced former manager Jason Molino, who left in January 2018 to take the Tompkins County administrator position. Public Works Director Matt Worth filled in as the interim city manager during the search for Molino’s successor.

Novak Consulting Group of Ohio, the firm utilized in the search for a new manager, reportedly guaranteed that person would stay on the job for at least two years or else the next search would be at no charge.

While there was no official word, Moore's contract stipulates that he will receive some type of severance pay.

When Moore was hired, Jankowski praised his professional record, which included being voted “City Manager of the Year” in 2015 by the New Mexico Municipal League for his “handling of the city’s finances and progress of the community and how it operates.”

“He is articulate and personable,” Jankowski said, “and all of us have been very impressed by him.”

At the time, Jankowski said Moore’s wife had family in North Tonawanda and that they had been looking to relocate to Western New York.

Moore's previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associations and president of the Eunice Rotary Club. He and his wife, Joanne, have seven children.

Reflecting upon his recent less-than-positive interaction with City officials over a BBQ for Equality event that didn’t happen, Batavia native Macy Paradise III asserts that the line of communication between the local government and racial justice advocates is still open.

“Since then, I’ve been learning a ton about City Council and the inner workings of it,” said Paradise (photo at right), who met with City management and law enforcement on June 1 in an attempt to set up the barbecue at Williams Park on June 7. “Local politics have always been of interest to me, and I’ve been an advocate for peace since the Iraq War.”

Paradise, speaking by telephone on Wednesday, said things have been smoothed over now, but he is disappointed that City leaders backed off on assurances that they would support the barbecue, which was to take place in lieu of a proposed March for Justice protest in Downtown Batavia.

As it turned out, the protest did take place on that first Sunday of this month and it proved to be peaceful.

According to Paradise, the BBQ for Equality evolved from the City taking a stance against a march or protest. He said that he and co-organizer, Chelsea Bianchi, of Le Roy, met with City Manager Martin Moore, Assistant Manager Rachael Tabelski, Police Chief Shawn Heubusch and Assistant Chief Chris Camp.

“When we originally sat down, they said that they were completely against any protest whatsoever and asked if we had any other things as alternatives to make it a little more peaceful,” said Paradise, 35, an employee of WNY Developmental Disabilities State Operations and Offices. “We had come up with the idea of doing the barbecue. As soon as it was mentioned, Heubusch started to agree to it, thinking that was probably the best way. He suggested doing it at Williams Park.”

Paradise said that Moore was asked if state regulations concerning COVID-19 would allow for such a gathering, and responded that it was just a suggestion from the governor, not necessarily a regulation, and that “we could get past the COVID aspect.”

“Then we asked them what we would be able to do about the food and electric situation at the park,” Paradise said. “Heubusch and Moore talked about the idea of including City Church and Heubusch pretty much said that he was almost 100-percent sure that City Church would help with the food aspect of it. Moore said that he would be able to turn the electricity on, but would not be able to open the restrooms due to the COVID aspect.”

Tabelski then offered to post promotional material on the City’s website, he said.

“She asked me to make a flier right away, which I did, and I sent that to her,” he noted. “I have email correspondence stating that it’s all a go, and we’re moving forward.”

The next day, a letter from Heubusch directed to City business owners went out, which, to Paradise, “was kind of almost a warning to the Batavia businesses that we were having this event.”

Paradise said plans for the barbecue went south after City Council President Eugene Jankowski apparently had received reports about the meeting.

“Jankowski said something to us after we had started promoting the flier,” Paradise said. “He had mentioned in a comment – at this point, I had no clue who he was – that it needed to be agreed upon by City Council, and that there is no City-sanctioned event.”

Paradise acknowledged that he wasn’t aware of the City’s application process (and wasn’t advised of one).

“If I would have known, I probably would have asked for more assurances on paper. I just assumed that because the City police chief and manager are saying ‘yes’, that it was a definite. Obviously, I was in over my head,” he said.

Paradise said he called Heubusch prior to a scheduled meeting on Wednesday afternoon, and got the news that the City was unable to proceed as planned “due to the issues with City Council and getting the proper permission.”

He also said the police chief urged him to cancel the protest.

“At this time, I was in correspondence with Greg Munroe, Ray Williams and Vic Thomas (members of the March for Justice team that organized the protest),” Paradise said. “They had decided that the barbecue wasn’t really their thing and wanted to move forward with the protest. I told Heubusch that I was going to follow their lead now and I would no longer push the barbecue issue.”

Jankowski, acting as a Batavia resident and not speaking on behalf of the City, issued a public apology on Wednesday:

“I would like to personally apologize to the BBQ for Equality organizers, Macy Paradise and Chelsea Bianchi, for any misunderstanding I may have caused involving the cancellation of their event. I’m confident we can continue to move forward in a positive direction.”

Previously, Jankowski said he was sorry on a Facebook post, which read, in part:

“The city manager made all the promises Macy said he did even though he wasn’t authorized to do so. I was given misinformation and I believed it. I apologize and I am working to make it right with Greg (Munroe), Macy and Chelsea.”

Moore, contacted by phone on June 10, said he did not wish to comment about any possible miscommunication.

Paradise said he “appreciates the apology.”

“I am actually friends now with Jankowski on Facebook and we’ve had a couple conversations privately since that time,” he said. “We have handled it exactly how you would expect it to be handled – very maturely. We’re good. I would say that moving forward, we’re definitely able to work together.”

Paradise said that he was confident that the March for Justice protest, which drew several hundred people, would remain peaceful and safe.

“If there wasn’t so much City resistance, I would have moved forward with (promoting the protest),” he said. “I have way too many friends, locally, that are business owners and I wasn’t willing to put anything in danger when it comes to the City, our community.”

He said his "Embrace Racial Equality" group on Facebook has grown to more than 2,000 local members in the two weeks that it has been posted.

“It’s really just a news resource where people can come and asked questions, get educated on the movement, receive some background knowledge, and ask questions of City Council and other officials,” he said.

Paradise also said he hopes to revive discussions to hold a BBQ for Equality.

“The BBQ for Equality is just postponed, really. It’s not necessarily cancelled,” he said. “We’re planning to do that in the fall with live entertainment. Hopefully, we can work with the City to see about getting the application.”

This weekend, the March for Justice group is conducting a June Teenth Freedom Day, a register-to-vote celebration, set for 3 to 8 p.m. Friday and noon to 7 p.m. Saturday on the parking lot of the YWCA of Genesee County at 301 North St., Batavia.

The event will feature food, beverages and live entertainment. On Friday, Paradise will provide the music in his role as DJ Macy Paradise and will be accompanied by his girlfriend, Nicole "Nici" Johnson of WBTA Radio.

YWCA Executive Director Millie Tomidy-Pepper said she’s on board with it, but did advise that social distancing guidelines will be enforced and that participants are required to wear masks.

“We wholeheartedly are supportive of the group, its mission and the event,” she said. “As you know, the YWCA stands for peace, justice, freedom and dignity for all.”

A 45-year-old Oakfield resident is in critical condition at ECMC following an ATV accident on Drake Street last night.

James P. Lucki, of Drake Street, was driving a 2003 Arctic Cat four-wheel ATV eastbound on Drake in the Village of Oakfield when it crossed over the westbound lane and left the roadway off the north shoulder. The ATV struck a 2020 Toyota two-door sedan that was parked in a residential driveway. 

Lucki was ejected from the ATV.

Jeff McIntire, 2nd assistant chief with Oakfield Fire, said the driver was located behind the vehicle that he struck on the ground.

“He was conscious and alert upon arrival, his condition deteriorated as we moved him to Mercy Flight," McIntire said. "He was not conscious and alert when he was flown from the scene to ECMC.” 

Lucki reportedly sustained lower leg injuries, chest injuries and abdominal injuries.

The car was unoccupied.

The accident is still under investigation by the Sheriff's Office.

(Initial Report)

Additional reporting and photos by Alecia Kaus/Video News Service.