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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In other action, legislators:

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

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

Press release:

Press release:

The Genesee County Economic Development Center, Genesee County Chamber of Commerce, the Batavia Development Corporation and the Batavia Downtown Business Improvement District appreciate the response of small businesses to a recently conducted online survey.

With the anticipated resumption of manufacturing and construction services in the Finger Lakes Region on May 15, the business organizations are looking to collaborate in developing a plan to assist small businesses on Main Streets in city, towns and villages across Genesee County to help them ready for their reopening.

"Governor Cuomo's NY Forward plan provides a path for Genesee County and the Finger Lakes Region to reopen intelligently and safely," said GCEDC President and CEO Steve Hyde. "The input of our small business community, manufacturers and local leaders shows that re-opening safely is a shared priority, and our economic development team supports that mission."

Conducted the week of May 4^th, more than 100 businesses in various sectors, including dining/hospitality, entertainment, fitness, medical services, nonprofit, professional services and retail completed the on-line survey.  Among the highlights:

Challenges to Reopening: Businesses see getting customers back into their doors (63 percent highest or next highest), access to PPE (46 perceny highest or next highest) and developing a safe reopening plan (41 percent highest or next highest) as their biggest challenges to reopening.

Financial Assistance: 63 percent of businesses applied for either the Economic Injury Disaster Loan (EIDL) or Payroll Protection Program (PPP) programs. Of those that applied, 50 percent had received EIDL assistance, and 82 percent had received PPP assistance.

Interest in Business Supported Programming: Respondents support a coordinated Genesee County Shop Local campaign (87 percent) expressed interest in safety plan development and training (45 percent).

Along these lines, the Genesee County Chamber of Commerce will host a Zoom Webinar on Thursday from 1 to 2 p.m. featuring Paul Pettit, Public Health director for Genesee County. 

The topics to be covered during the webinar include the status of the County’s reopening; formulating a reopening plan for your business; sanitation and social distancing tips at your workplace; and, reopening guidance from the Genesee County and Orleans County Health Departments.

The webinar will be accessible at the following link:

https://us02web.zoom.us/j/82534812321?pwd=d1FBUmhQUGxuaWNUY2xqZzlQdkFZdz09

Meeting ID: 825 3481 2321

Password: 295833

Or dial by your location: +1 929 436 2866

Press release:

The New York State Department of Labor today announced that in just over a month, more than 330,000 New Yorkers have been approved for the Pandemic Unemployment Assistance (PUA) Program, which provides unemployment benefits to individuals who do not qualify for traditional unemployment insurance.

In total, the Department of Labor has now paid $7.4 billion in unemployment benefits to New Yorkers since the COVID-19 pandemic began in March — three-and-a-half times the total paid in benefits last year.

In addition, the Department of Labor announced emergency measures to ensure unemployed New Yorkers who have been assessed forfeiture day penalties will receive benefits during the COVID-19 pandemic. These actions, which suspend forfeiture days for the duration of the pandemic emergency, will allow more unemployed New Yorkers to receive financial support during this unprecedented crisis.

“Every state is facing a historic surge in unemployment claims and New York is no different, but we have moved faster and more aggressively than others to get beneficiaries their money, and in just over two months have paid out over three-and-a-half years’ worth of benefits,” NYS Labor Commissioner Roberta Reardon said.

“We know New Yorkers are struggling, and we know they need support now, and we are working day and night to get money into more New Yorkers’ hands faster — including through these emergency measures — and we will continue to provide the support people need to help them weather this unprecedented crisis.”

Created by the Federal CARES Act, which was signed into law on March 27th, the Pandemic Unemployment Assistance Program provides unemployment benefits to Americans who are not eligible for traditional unemployment insurance, including those who are self-employed, independent contractors, gig workers, farmers, and those who have other COVID-19 barriers to work.

The program’s implementation has faced multiple setbacks from the Federal government, including cumbersome guidance that required applicants to first apply for traditional unemployment insurance knowing they would be denied, receive a formal denial, and only then apply for PUA. In late April, that guidance was streamlined, and New York immediately launched an updated unemployment benefits application that allowed New Yorkers to seamlessly apply for either traditional unemployment insurance or PUA, depending on their eligibility.

New York State is now able to process PUA applications rapidly and has approved over 330,000 New Yorkers for this program. As part of the Department of Labor’s proactive communication efforts, these New Yorkers are receiving emails and text messages to inform them that their applications have been approved and remind them to certify weekly to continue receiving benefits.

Genesee County Legislature Chair Rochelle Stein is taking exception to what she says is misinformation about a proposed resolution to rescind revenue distribution payments to towns and villages during the coronavirus crisis.

Reacting today to news that the Genesee Association of Municipalities and the Town of Bergen supervisor are objecting to the measure, Stein said that the resolution to cancel agreements from 2018 and 2019 that authorize the county treasurer to make quarterly revenue payments to the towns and villages is a temporary move that has yet to cause “harm to anybody.”

“The legislature has considered at Ways & Means (committee meeting) that we are going to rescind the authorization for those two agreements so that there is no authority for the treasurer to write those checks,” she said. “That has to happen because there is no further action necessary for the treasurer to just write those checks.”

She said that is the key to the “whole conversation that I think the towns and villages like to just overlook. And the last three words in the resolution to rescind say, until further notice.”

“At no point has the county said there will not be any further revenue distributions. That’s a comment that comes from the towns and villages,” she said. “There are two sides to this story and it’s very unfortunate that our comments and our weekly call and awareness that we’ve been providing (have been misconstrued) because we want our partners to take action like the county has taken action.”

The Batavian has obtained copies of a resolution passed by GAM representatives at a special Zoom meeting on Monday night as well as a letter written on Town of Bergen letterhead from Supervisor Ernest Haywood.

GAM Seeks Alternative Solution

The GAM resolution – passed by a 20-1 vote with the Town of Oakfield voting “no” – reads, in part, that elimination of the funding would cause extreme financial hardships for Towns and Villages, which already have adopted budgets, made expenditures and have borrowing obligations based upon the revenue from Genesee County.

It went on to request the county to continue the revenue sharing, “and if the amount of sales tax is reduced then the amount to be paid to towns and villages … be reduced by the same amount (percentage) as the county sales tax revenues were reduced by.”

GAM President Thomas Dix, a Pembroke Town councilman, contacted today said the members understood the county’s unenviable position … “but they we’re hoping to find an alternative solution that might allow for some more revenue to be shared with the towns and villages – and the City as well, since the City has a unique position.”

Dix offered that the all governmental leaders in the county take their jobs very seriously and are considering the situation “very, very carefully from all angles.”

“They are capable of thinking outside the box and they are capable of disagreeing and compromising on any issue, always in the best interest of the people they serve,” he said. “And I take my job very seriously as president of GAM by making sure that every municipal leader has a clear line of communication with every other municipal leader. Because I believe that it's when communication breaks down that we start to see the worst problems come to the surface.”

Haywood’s letter expands upon GAM’s resolution, stating that “immediate action needed: call or email today as action to eliminate funding is set for Wednesday p.m.”

Indeed, the full legislature has a Zoom videoconference meeting scheduled for 5:30 today and the resolution in question is No. 8 on the agenda.

Bergen Supervisor: Call Your Legislator

Haywood’s letter exhorts people to call or email Legislator Christian Yunker, who represents the towns of Elba, Byron and Bergen, or Stein to “tell them to continue to share, even at a reduced rate, the sales tax revenue with the towns and villages.”

Continuing, the letter states:

“The legislature is set to take action on a proposal that will eliminate the sharing of revenue all together. We understand the county is getting less but the county should keep all they are getting and should continue to share the lesser amounts with towns and villages.

“Tell them to be sure we (County and Towns and villages) are ‘all in this together’ by the county not keeping all sales tax revenue but continuing to share at the reduced rates they receive it. Without the revenue, the town will be in critical financial shape and will ultimately next year have to raise taxes by over 20 percent to accommodate for the loss of revenue.”

A phone call to Haywood for further comment on his letter was not returned by the time this article was posted.

Stein emphasized that the county has continually kept “our partners” abreast of developments coming from Albany.

Stein: Directive Issued on March 28

“On March 28^th, I told the chief elected officers of the communities here that the schedule that we had set forward for the revenue distribution – and it’s not the sales tax anymore and we have to be very clear about that – would not be met this year due to the COVID-19 pandemic, and the New York State On PAUSE,” she explained. “The county would not be able to write checks that we could not cash.”

Stein said she repeatedly has communicated that “we are all in this together and together we are going to find a way to be successful regardless of the COVID-19 pandemic, New York State On-Pause, or the state government budget gap of $13 billion and growing.”

“And it is important to remember that this is not our fault,” she said. “But what is important for us is to have a plan moving forward. We have four points of measurement. The first one is a possible federal COVID 4 stimulus directly to the towns, villages and counties. For us, that would be a game-changer.”

She said the county is waiting to hear from Gov. Andrew Cuomo regarding changes to the state budget, expecting between a 20 to 50 percent decrease in state aid for mandated services. Cuomo has specified four measuring periods for adjustments – the first being the month of April and the second being May 1 through June 30.

“As we gain knowledge on each one of those events for measuring where the revenue to the county is and the impact, I’ve asked the towns and villages to stick with us and hold tight,” said Stein, noting that the county has instituted hiring freezes and furloughs along with holds on capital projects. “We’ll have greater clarity and understanding as we move through these time periods.”

First-quarter Payments Have Been Made

Currently, all first-quarter payments to towns and villages have been made on time and per the amounts set by the previous agreements, Stein said.

“Right now, to date, there is no harm to anybody. Together, we can work our way out of this, but we also know that this is not a one-year situation,” said Stein, who also is heavily involved in the reopening of the economy as the Genesee County appointee to the Finger Lakes Region control room. “Our NYSAC (New York State Association Counties) group is indicating this will impact our budget through 2024."

Dix and Batavia Town Supervisor Gregory Post both said they recognize the county’s plight and trust that the communication lines remain open.

“My own personal opinion as a citizen, I understand that it’s in the best interest of Genesee County residents, although towns and villages do not like the idea because it’s going to hurt their budgets directly,” Dix said. “Once you understand the backside of it and … how the money is being shared and how the state impacts that decision, it is actually probably the best way to protect the interests of the residents of Genesee County.”

Post called the county resolution “a prudent measure” that eventually will work itself out.

“I don’t feel it will be a permanent thing,” Post said. “But GAM wants some reassurance that this doesn’t end the sales tax agreements. I don’t think it will but nobody knows for sure what is going to happen, especially with state mandates. The legislature has indicated there will be candor and transparency.”

Genesee County Manager Jay Gsell is at the front of the line when it comes to calling for the federal government to provide monetary relief to cash-strapped local municipalities but, at first glance, he’s thinks the latest $3 trillion stimulus plan may have gone too far.

“I think it is a bit of an overreach – although I haven’t read between the lines – and (observe) that the Republican Senate and White House are not exactly lining up anymore with fed stim 4,” Gsell said this morning in response to the 1,815-page bill proposal released on Tuesday night by House Speaker Nancy Pelosi.

The bill, called the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, is a $3 trillion coronavirus stimulus package that includes $915 million for state and local governments and additional $1,200 checks for individuals (up to $6,000 per family).

It also would provide an extra $600 a week federal unemployment benefit through Jan. 31 – an extra disbursement that was supposed to run out at the end of July.

Additional benefits of the bill include billions for essential workers’ “hazard pay,” coronavirus testing, U.S. Postal Service, the Payroll Protection Program, pandemic-era voting challenges in November, and hospitals and health care providers.

Another $1.2 billion is earmarked for police departments for salaries and equipment, and state and federal prisons.

View the entire bill here.

Batavia City Manager Martin Moore said he wasn’t sure how the proposed legislation would end up, but he’s all in on support for counties, cities, towns and villages.

“Any help that we can get will surely be welcome … especially given the unfunded mandates that we have to deal with and the reduced revenues,” he said. “(Another federal stimulus) would not only help us this year, but with next year’s budget as well.”

Gsell said the overarching parameters of the bill likely will be challenged by Republicans and President Trump, and pointed to an erroneous report in The New York Times that could make it even more difficult for it to pass.

“A reporter from The New York Times put New York in the same boat as Illinois and California, writing that New York is asking for a bailout of its state pension funds. That is a fallacy. This state’s retirement system is not in financial ruin; in fact, it is 96-percent funded, which is a platinum standard.”

He said the result of that report is that Senate Republicans and the White House perceive that all states with Democratic governors and looking for handouts to bail out their pension systems.

Gsell said New York’s counties see another stimulus as a “vital measure to bridge the gap” caused by significantly reduced sales tax and, potentially, state aid reimbursement. And, he said, time is of the essence.

“Getting relief relatively soon, this month, is vital, but it may not occur to June and July,” he said. “That won’t bode well for our workforce … and getting a sense of what is the new normal.”

He said there are a couple other bills out there, including one supported by Sen. Charles Schumer “which I think may have a better chance than this Pelosi bill.”

“When it goes from $1 trillion to $3 trillion, that’s a big jump, and any attempt at consensus-building gets blown up,” Gsell said. “Then it ends up being every Congressperson for himself, with many taking a wait-and-see attitude until after the economy opens up.”

In most communities, street corner fire alarm boxes have become a thing of the past, giving way to the widespread availability of landline and cellular phones.

For those who don’t remember, when someone pulled one of those red fire alarm boxes, the signal was sent to fire headquarters where firefighters matched the number of the box to a corresponding location on their chart. And, just like that, crews were off and running to the hot spot.

The spirit of the call box lives on today, however, in the form of a digital magazine called Box 585, an initiative spearheaded by former Genesee County firefighter Chuck Hammon, (photo at right), who currently is employed as a Station 5 lieutenant for the Henrietta Fire District.

“Box 585 is a local training group for the Greater Rochester area and our mission is to provide training programs and resources to 585 (area code) firefighters so they can perform at a higher level on the fireground,” said Hammon, 35, who spent 16 ½ years in public safety in Genesee County.

He said the magazine – which can be found at box585fire.com and also at https://www.facebook.com/box585firetraining/ -- is an idea that evolved after years of networking among local firefighters, specifically those in Genesee County.

The first edition, a 28-page eye-pleasing display of helpful articles and sharp photos, was released last week and already has received “thousands of page turns and views,” Hammon reported.

He said that stories are written and photos submitted by local contributors with specific goals in mind – to enhance communication, share ideas and increase awareness about the importance of physical and mental fitness. 

“When we started Box 585 Fire Training & Performance LLC, we knew our digital foundation would be the quarterly magazine and our website, specifically for 585 firefighters by 585 firefighters,” Hammon said. “While we are building our in-person training and physical and mental performance programs, we can continually release content to firefighters in the area.”

Hammon began his career in public safety as a volunteer with the Stafford Fire Department, before accepting jobs with City of Batavia fire ambulance crew and Le Roy ambulance.

A New York State fire instructor, he worked as a City firefighter until 2015, when he and fiancée, Le Roy native Kerry Woodward, moved to Henrietta.

He said that constant difficulties with scheduling and communication prompted him to create a “centralized place” to advertise classes and trainings for firefighters and instructors in the 585 region.

“Often the class postings would be passed along to chiefs but not make it to the firefighters that needed the course,” he recalled. “Now as a new resident and instructor in Monroe County, I see the same scheduling needs here.”

Hammon noted that instructors from Genesee County are on staff and will be available to provide their colleagues with training and information both digitally and in-person.

In addition to the posting of class schedules, local firefighters who submit articles and photos are creating a network among departments, Hammon said, adding that he will include association events and fundraisers in the magazine.

“Local vendors can advertise so that firefighters can see what equipment, apparel, and services are available in their backyard,” he said. “Our photographs are only from local photographers and those photographers have the opportunity to have their talents showcased. If the digital format is not your thing, it can be printed out and displayed at the firehouse or fire halls.”

Hammon explained that the “box” term hasn’t completely disappeared from firefighting jargon.

“In the modern fire service, a "Box" is a term departments use to have predetermined resources respond based on a geographic location or hazard,” he said. “Fire chiefs are constantly updating their box books and running orders to ensure the community is getting the appropriate resources for their emergency. Fitting to our mission, we are providing resources to Box 585.”

Update: May 13, 9:30 a.m.

Congressional Democrats reportedly are proposing the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act -- a $3 trillion coronavirus stimulus package that includes additional $1,200 checks for individuals (up to $6,000 per family) and $915 billion for states and local governments.

In addition, the extra $600 a week federal unemployment benefit would be extended through Jan. 31, 2021, under the proposal. That extra payment was supposed to run out at the end of July.

The bill would also provide:

• $200 billion in “hazard pay” for essential workers, such as grocery store employees and health care personnel;

• $75 billion toward more coronavirus testing;

• Send $25 billion to the U.S. Postal Service;

• Add $10 billion to the Payroll Protection Program meant to help businesses and especially underserved businesses and nonprofit organizations;

• $3.6 billion for local officials to prepare for pandemic-era voting challenges in November;

• $600 million to police departments for salaries and equipment

• $600 million for state and federal prisons;

• Provide $100 billion to hospitals and health care providers to cover costs, with a special focus on health care entities in low-income communities.

The New York State Association of Counties is applauding the proposal.

“The federal stimulus proposal introduced today includes funding allocations that have been championed by Senate Minority Leader Charles Schumer and the entire NY Congressional delegation. This essential funding is necessary for essential public employees to provide essential services to stamp out COVID-19 and begin the process of reopening communities," said NYSAC President John F. Marren in a statement.

"County leaders commend House Appropriations Chair Nita Lowey and Speaker Pelosi for beginning the negotiating process by introducing this important legislation. We thank New York’s bipartisan congressional delegation for fighting to help New Yorkers survive and thrive during the pandemic."

When she first jumped into the race for the NY-27 congressional seat, Darien resident Beth Parlato got off to a fast start in fundraising from individual donors.

She raised $271,000 in eight weeks. Her campaign coffers now stand at $554,153.62, which includes some PAC money and a personal loan but so far that isn't half of the $1,253,465.46 Chris Jacobs has in his campaign account.

Parlato said she knows what she's up against in trying to win a congressional seat against a candidate who can afford to drop $446,000 of his own money into his quest for a seat in D.C. So when the novel coronavirus swept through New York and she was forced to cancel five fundraisers, Parlato took what she thought was the next most sensible route to keep her effort financed. She borrowed $150,000 against her property on Seven Day Road.

That loan, which she turned around and loaned to her campaign, promoted a reader to contact The Batavian and suggest the loan violated Federal Election Commission rules.

At first blush, based on language on the FEC site, that might seem true.

When a candidate obtains a bank loan for use in connection with his or her campaign, the loan is considered to be from the bank and not from the candidate's personal funds.

However, two experts in campaign finance interviewed by The Batavian for this story said Parlato's use of money obtained from a second mortgage to make a personal campaign loan is legal.

"It's her personal money," said Paul Cole, a Republican who was once heavily involved in WNY politics, working for Tom Reynolds and Chris Lee before running David Bellavia's 2012 primary campaign. He is not currently involved with any congressional campaign.

"She's going to be personally responsible for paying back that banknote regardless of what happens in terms of the campaign," Cole said. "She's going to have to pay back that loan."

While the campaign, if it raises enough money, can repay the loan to Parlato, if the campaign for any reason can't raise enough money to pay back the loan, Cole said Parlato is still personally responsible to repay the money to the bank.

Michael E. Toner, an election law attorney in Washington, D.C., also said it is legal for a candidate to take out a second mortgage on his or her own property and then loan that money for a loan to his or her campaign.

A footnote on the FEC site also indicates such a loan is permissible:

The personal funds of a candidate include: Assets which the candidate has a legal right of access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy ...

Parlato, who is endorsed by the Conservative Party and is running the GOP primary, has raised $376,691 from individual contributors. She collected another $11,000 from political action committees.

Jacobs, the endorsed Republican in the special election and also a candidate in the primary, has raised $720,856 from individual contributors. He's also raised -- from PACs, other congressional campaigns, and corporations -- $85,699.

The other Republican in the race is Stefan Mychajliw, who has raised $75,576. He's loaned his campaign $465.

Democrat Nate McMurray, running in both the special election and unopposed in the Democratic primary, has raised $527,886. He's received more than $30,000 from PACs and has not loaned his campaign any money.

The Libertarian candidate is Duane Whitmer, who has raised more than $20,000, half of which comes from a loan from himself to his campaign.

CORRECTION:  Parlato is not a candidate in the special election, as previously stated.

Press release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 165 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Zero of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
  • Orleans County received eight new positive cases of COVID-19, for a total of 142 positive cases.
    • All of the new positive cases were in state-regulated facilities: Two from The Villages of Orleans Health and Rehabilitation Center, five (one counted from the weekend for a total of six) from Western NY DDSO Group Home, and one from Orchard Rehabilitation & Nursing Center.
    • Of the new positive cases one individual is in their 20s, three individuals are in their 30s, one individual is in their 50s, one individual is in their 60s, one individual is in their 80s and one individual is in their 90s.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • 10 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 are saddened to report another death from The Villages of Orleans Health and Rehabilitation Center. Our deepest condolences go out to the family and friends of this individual during this very sad time.

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

This year has been a difficult one for the business community, to say the least, but the president of the Downtown Batavia Business Improvement District is encouraging member store owners to keep their chins up while the organization adjusts to the changing times.

“We have gone through some changes in the past 18 months, but have emerged with a strong board (of directors) that is cohesive and really ‘into’ downtown,” Don Brown said on Monday.

Brown, co-owner of Charles Men’s Shop on Main Street, believes that the BID has reached a tipping point as far as how to meet its 198 members’ needs and to appeal to younger entrepreneurs.

“BIDs themselves are facing an uphill battle in a lot of ways as some people are down on BIDs, which are funded with property owners’ tax money,” Brown said. “But, when you see sidewalk improvements, downtown flowers and landscaping – that’s all because of the BID.”

He said that the emergence of the Batavia Development Corporation, which secures downtown grants and loans, and the recent $10 million NYS Downtown Revitalization Award has compelled BID board members to rethink their focus.

“We didn’t have those before – grants for storefront rehabilitation and the state throwing millions of dollars at us,” he said. “That’s a game-changer for us.”

As a result, Brown, who has been president for a year and a board member since 2016, said he would like to see the BID promote more events in the City and develop a marketing plan that “lets people know that it is the BID that is sponsoring this.”

“Our common goal should be to market our skill set to the 200 members. We’ve been too rigid in the past and we need to do things to attract the younger people who are business owners to make their downtown better,” he offered.

Brown said that a plan is in place to conduct “meet-and-greet” sessions and work has already started on getting free Wi-Fi downtown.

“Our BID board has resolved to be a more social organization -- having meet and greets a couple times per year to promote more participation,” he said. “Most recently, we contracted (with Spectrum) to have free Wi-Fi installed throughout our downtown district for all the youth. We also want to have music (via speakers at various sites) downtown.”

Previously, Brown and BID Executive Director Beth Kemp spoke to the membership via a video on the BID website that replaced their Annual Meeting due to the COVID-19 pandemic.

“Things will look different going forward but we will get through these challenging times and will be stronger for it,” he said.

On the video, Kemp announced the agency’s award winners for the 2019-20 year:

• Business of the Year – Freed Maxick accounting firm.
• Volunteer of the Year – Danielle Fleming, an employee of Batavia Downs Gaming.
• Community Partner of the Year – Lisa Casey, confidential secretary for the City of Batavia.

Kemp also reported that Batavia attorney Peter Casey has been elected to the BID’s Board of Directors.

Financially, the agency made a profit of $8,047 last fiscal year and, as of March 31, had total assets of $330,453.

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Per its website: Comprised of property owners and tenants, the Batavia Business Improvement District Management Association Inc., is a nonprofit organization with a mission to finance improvements and services beyond those provided by the City of Batavia, and fund an operational budget for the purpose of revitalizing and promoting business activity.

The Genesee Country Farmers Market Inc. suddenly has become quite a lightning rod for discussion at Batavia City Council meetings.

City Council tonight gave its go-ahead for the market to conduct business again this year at the east side of the parking lot on Alva Place and Bank Street, but not before a 25-minute debate that focused on the practice of allowing food truck vendors to conduct business on the market grounds and at other downtown locations.

Council members, at their April 27^th meeting, tabled the nonprofit’s application to operate on Tuesdays, Thursdays and Fridays from June 5 through Oct. 30, citing the need for clarification of the organization’s address and financial arrangement.

The next day, Beth Kemp, executive director of the Batavia Downtown Business Improvement District, which supports the GCFM, provided an email from Sharon Brent, the market’s treasurer, which appeared to answer Council’s questions.

Fast forwarding to tonight, several Council members brought up other issues concerning the market, with the subject of food trucks dominating the talking points.

“I don’t know if any of you have received any comments from local restaurateurs but I have in the past in regard to the food vendors that are allowed to come into the farm market and sell food there as far as prepared food like the food truck, things of that nature,” John Canale said. “Some of our restaurants that are in the BID district are concerned that these people are coming in and they’re able to sell food at lunch time, which is actually taking away lunch business from a lot of our downtown restaurateurs.”

Canale said restaurant owners, especially during the COVID-19 crisis, are “fighting for business” and food trucks will just make it that much more difficult for them. He went on to say that the farmers’ market is “a wonderful thing” but still called for eliminating food vending trucks at the market.

Robert Bialkowski then asked a series of questions about the farmers’ market operation – How much of the parking lot can they use, what does the $50 membership fee cover, who is the president and vice president, and how much is spent on advertising?

He also suggested that Council should treat event applications in the same way they do resolutions.

“I really feel that we should handle it like any other business item,” he said. “If we all agree to move it from conference to business, then at the business meeting we would vote on it. That’s just my personal opinion."

City Attorney George Van Nest said he was of the opinion that Council might be imposing stricter requirements upon the farmers’ market compared to other requests.

“Traditionally, it’s been a situation where the City has looked at a limited set of information,” he said. “I just have a slight concern that we’re going fairly far afield here for a particular event application and treating this one a little differently than we would other event applications.”

The conversation returned to food trucks with Council President Eugene Jankowski mentioning that he received an email from Kemp on March 11^th asking about the possibility of restricting food trucks from downtown on specific days of the week -- with the exception of the farmers’ market. He shared news that Buffalo and Rochester have recently passed a measure designed to limit food trucks parking near restaurants.

After Rose Mary Christian noted that food trucks have to pay sales tax, Jankowski suggested putting the issue back into the BID’s hands.

“That to me would be more of an internal BID issue than it is for Council to get involved,” he said. “These (applications) are a way to give us a heads-up so that we can provide a service to all the people who are going to be there as well as the community to make sure that we’re not conflicting … that we’re not blocking their progress.”

Canale agreed that the matter should be handled through the BID.

“I think it’s a matter of the BID realizing that a lot of these downtown restaurants are challenged by having more food vendors come downtown and be able to sell food downtown at the lunch hour that aren’t having to pay the BID assessment (as well as property taxes),” he said.

Patti Pacino, who along with City Manager Martin Moore serves on the BID board, said “if these owners are concerned, I’d rather they take it to the BID board than try to take it to City Council, because we’re only going to turn around and take it back to the BID board.”

Jankowski then suggested that Moore contact Kemp to define the areas of concern and discuss it again at a future Council meeting.

“Maybe (we need to) modify the City Code for the food vendor truck to not be right in the middle of the BID area where they’re paying taxes or the assessment, and on top of that, they’re parking right in front of a restaurant,” he said.

That prompted a sharp response from Christian.

“Actually, it’s called competition. Center Street Smoke House has a food truck and he’s all over. He not only pays sales tax but he pays property tax …,” she said. “I think you’re opening up Pandora’s Box if you decide to do this. Like I said, it is competition and I know about the food truck because I had the first one in Batavia.”

She added that the City could face a lawsuit “if you’re going to continue on with this nonsense.”

“Nobody makes anyone go to those trucks; nobody makes anyone go to a restaurant. It’s a choice – freedom of choice,” she said, prompting Al McGinnis to respond in agreement.

"We should stay out of it," he said. "I think Rose Mary is right.”

In the end, Council approved the application but instructed Moore and Pacino to address Kemp’s email as a courtesy to the BID, an entity with close ties to the City.

Daily Briefing:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 164 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
    • We have removed a "positive / recovered" individual that was determined to be a false-positive result. Therefore, the total positive case number will be one less and has been adjusted in our data. No further information will be shared.
  • Orleans County received two new positive cases of COVID-19, for a total of 134 positive cases.
    • The community positive case resides in Ridgeway.
    • There is one additional positive case who is a resident of The Villages of Orleans Health and Rehabilitation Center.
    • Of the new positive cases one individual is in their 50s and one individual is in their 90s.
    • Ten of the total active positive cases are hospitalized 

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

City of Batavia officials are recommending a familiar face, so to speak, to handle the engineering and design work for the federally funded pavement rehabilitation of Richmond and Harvester avenues.

Public Works Director Matt Worth reported at tonight’s City Council Business Meeting via Zoom videoconferencing that T.Y. Lin International Group of Rochester has been selected from a pre-approved state Department of Transportation list of engineering firms, with the expectation that preliminary and advanced designs will be completed by early next year.

Worth said the contract has yet to be reviewed by the DOT or the city attorney, but noted that it should be ready for Council to move forward at its next meeting on May 26.

“T.Y. Lin presented a well thought out approach to the project with a very good project team,” said Worth, who headed a selection committee that included City Manager Martin Moore, Maintenance Superintendent Ray Tourt and Water Superintendent Bill Davis. “Their last large project with us was the Walnut Street Reconstruction Project and they also were used for the Ellicott Street streetscape project and all of the Batavia Downtown Business Improvement District streetscape projects.”

Batavian Robert Radley, PE, is the company’s senior vice president and U.S. East Region director.

“We were very pleased when we heard the good news that TYLI had been selected," Radley said. "It has always been our great pleasure to work with the City of Batavia DPW team, and we look forward to rehabilitating Richmond and Harvester Avenue(s)."

The scope of the project is the renovation of Richmond Avenue from State Street to Oak Street and for the entire length of Harvester Avenue (from East Main Street to Ellicott Street). Following the design phase, the schedule lists solicitation of construction bids in the winter of 2020 and into 2022 and overhaul of the roads in the summer of 2022.

While the total cost is anticipated to be $2,040,900, the City will be responsible for only 5 percent – around $102,000 – after applying the CHIPS (Consolidated Local Street and Highway Improvement Program) and Marchiselli funding streams, Worth wrote in a memo to City Council.

Worth said he is confident in T.Y. Lin’s ability to successfully complete the necessary design work, based on previous experience, qualifications and project understanding. He said that terms of the contract come into play following the selection process.

Council did vote on one resolution related to the renovation -- unanimously approving an agreement with the state DOT to appropriate $358,000 up front to cover 100 percent of the federal and non-federal share of preliminary engineering, design and right-of-way incidentals.

“The fees and contract are negotiated once the firm is selected based on the scope of work and estimated hours,” Worth said. “It is not just the budget amount of $358,000 but the final number will likely be close. Billings are done on actual hours charged.”

Dennis Kennelly, T.Y. Lin’s project manager, said his street design team of about eight professionals is finalizing its strategy, with initial tasks to include contracting with a surveyor and analyzing the core of the pavement.

“Our work will focus on getting the pavement in shape, checking out the sidewalks and bringing ramps at intersections up to standards and codes, per ADA (Americans with Disabilities Act), providing for bike lanes and any other condition that is substandard,” said Kennelly, who also played a lead role in the previous City of Batavia projects.

The plan calls for a 3-inch milling and overlay treatment with fibers, along with milling and resurfacing with a hot mix asphalt course. Additional work includes miscellaneous spot pavement repairs, curb repairs, ADA compliant curb ramps, and shared bicycle lane pavement markings.

Kennelly said that once the design work is done, his firm will set up an informational meeting for the public.

On another front, Council members discussed the possibility of returning to City Hall for the May 26th meeting, but decided to stay with the Zoom videoconference setup for at least one more time. They are hoping to return to face-to-face conferences on June 8th, utilizing "social distancing" protocol.

Nelson E. Figueroa Jr. (inset photo, left), 31, of Maple Street, Batavia, is charged with: criminal sex act in the first degree -- actor age 18 years old or older / victim under age 13; first-degree sexual abuse -- victim less than 13 years old / actor 21 years old or older; predatory sexual assault against a child -- specified sexual offense against a child under age 13. At 4:31 p.m. May 1, Batavia police were called to Maple Street in the city for an unknown problem and Figueroa was subsequently arrested. He was arraigned in Batavia City Court and jailed without bail. Figueroa is due back in city court at 11 a.m. on June 4. The case was investigated by Batavia Police Officer Samuel Freeman, assisted by Officer Matthew Wojtaszczyk.

Jeffery M. Johnson (inset photo, right), 32, of North Spruce Street, Batavia, is charged with: second-degree strangulation -- obstruction of breathing / causing physical injury; second-degree menacing; second-degree assault during a felony; criminal possession of a weapon in the third degree, with a previous conviction; and endangering the welfare of a child. Johnson was arrested after a domestic incident that occurred at 8:37 a.m. on April 29 at an apartment on North Spruce Street. He was arraigned in jail via Skype with Batavia City Court, then jailed on $10,000 cash bail, $20,000 secured bond, or $30,000 unsecured bond. Johnson is due back in city court at 11 a.m. on June 4. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Marshawn J. Singletary, 38, of Liberty Street, Batavia, is charged with second-degree reckless endangerment. He was arrested following the investigation into an incident that occurred in March. It is alleged that at 11 p.m. on March 24, Singletary dragged a female with his car while backing out of her driveway on Osterhout Avenue. He was arraigned in jail via virtual conferencing with Batavia City Court, then released on his own recognizance. He is due in city court on June 10 to answer the charge. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Miah Stevens.

Rajea Shaiek Thomas Sr., 31, of Averill Avenue, Rochester, is charged with: criminal contempt in the first degree, criminal obstruction of breathing, and fourth-degree criminal mischief. At 2:19 a.m. on April 30, police responded to an apartment on Thomas Avenue in Batavia for a domestic incident. Thomas was arrested and issued an appearance ticket to be in Batavia City Court on June 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jordan McGinnis.

Amanda S. Dombrowski, of Versailles Road, North Evans, is charged with third-degree manacing and endangering the welfare of a child. She was arrested following the investigation into a domestic incident that occurred at 7:09 p.m. on Kibbe Avenue in Batavia. She was arraigned in Batavia City Court and released on her own recognizance. She is due in city court June 18. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Adam Tucker.

James J. Sears, 51, of Trumbull Parkway, Batavia, is charged with: driving while intoxicated -- with a previous conviction; refusal to submit to a breath test; failure to keep right; and moving from lane unsafely. He was arrested after a property damage accident that occurred at 10:07 p.m. on Prospect Avenue in Batavia. He allegedly struck a parked car. He was arraigned in Batavia City Court and is due back there June 3. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Peter Flanagan.

Amanda S. McDonald, 37, of Ellsworth Avenue, Batavia, is charged with making unnecessary noise. She was arrested at 12:33 a.m. on April 26 after a complaint of an alleged city code violation of the noise ordinance. McDonald was released on an appearance ticket and is due in Batavia City Court on June 16. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Niasia Shakema Jiggetts, 28, of Thomas Avenue, Batavia, is charged with two counts of criminal contempt. At 2:45 a.m. on April 30, Jiggetts was arrested following an incident that occurred at a residence on Thomas Avenue. She was issued an appearance ticket and is due in Batavia City Court on June 16. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Arick Perkins.

Press release:

The Genesee and Orleans County Health Departments have received four more COVID-19 cases. Orleans has three new cases (bringing the total to 132) and Genesee has one (bringing the total to 164). 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Two of the Orleans County individuals are residents of The Villages of Orleans Health and Rehabilitation Center and one is a community member. Genesee County’s individual who tested positive is a community member.

We have also received word of the death of an individual who had tested positive for COVID-19 and was a resident of The Villages of Orleans Health and Rehabilitation Center. Our deepest condolences to the family and friends of this individual during this very sad time.

There is currently no further information to release on ages and locations. Mapping to include the positive cases from the weekend will be updated on Monday afternoon.

We continue to encourage all residents to be vigilant about handwashing, cleaning frequently used surfaces, properly wearing cloth face coverings over the mouth and nose, keeping your hands away from your face, limiting time out in public and when you do need to go out for essentials you designate one person from your household, keep social distancing and stay home if you are sick.

Press release:

The Genesee and Orleans County Health Departments have received six more COVID-19 cases. Orleans has five new cases and Genesee has one. 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Two of the Orleans County individuals are residents of The Villages of Orleans Health and Rehabilitation Center and three are community members. Genesee County’s individual who tested positive is a community member.

There is currently no further information to release on ages and location. Mapping to include the positive cases from the weekend will be updated on Monday afternoon.

As you celebrate Mother’s Day, please honor your Moms and Grandmothers by celebrating virtually or by phone so as not to potentially spread germs. 

We continue to encourage all residents to be vigilant about handwashing, cleaning frequently used surfaces, properly wearing cloth face coverings over the mouth and nose, keeping your hands away from your face, limiting time out in public and when you do need to go out for essentials you designate one person from your household, keep social distancing and stay home if you are sick.

Whether it’s to provide services or a lend a sympathetic ear, representatives of the Independent Living of the Genesee Region continue to meet the needs of disabled residents of Genesee, Wyoming and Orleans counties.

“The mission of Independent Living is to assist anyone with a disability – there’s no age requirement and all of our services are free of charge,” Executive Director Rae Frank said on Friday, during the latest “Genesee Connects” informational video. “The disability can be physical, cognitive or related to mental health, and it’s something that substantially limits one or more life activities.”

Frank said she understands that many people are experiencing panic and anxiety due to the COVID-19 pandemic and that ILGR employees are ready to assist “whether their disability is temporary or permanent.”

Classified as an essential business, ILGR’s staff consists of 18 people, some in the office and others working from their homes, Frank said, adding that agency staff is unable to meet with clients face-to-face during the health crisis.

Kristen Lazarony, Medicaid facilitated enroller, is one of two specialists working from home to assist elderly, blind or disabled citizens with applications and submission of required documents.

“We can do their entire applications (including marketplace applications) over the phone … and certified application counselors in the building can submit them directly for you,” she said.

Lazarony added that ILGR staff is able to transport food and pharmacy orders, and loan closet equipment and can take individuals to the store.

“We also have a Consumer Directed personal aide program,” she said. “They’re able to provide masks for all of our aides, regular prescreenings and assistance with the enrollment process. They can verify your insurance, and they’re still able to do all of that over the phone.”

She also said the agency offers employment services, adult behavior health, peer support, coping skills, resources on staying safe and healthy, and can assist with resume building, job search and online applications.

The ILGR plays a strong role in finding places to live for disabled individuals, said Dominique (Dom) Johnson, Rapid Rehousing program specialist.

“We have regular independent living specialists who can help you find housing and complete applications (by) contacting you over the phone and walking you through the applications,” Johnson said.

“They may be filling it completely for you if that’s what you need, or if you’re able to fill it out, they can mail you the application and talk with you while you fill it out for any questions that you may have.”

Johnson said the Rapid Rehousing program is for eligible people who are currently homeless or previously have been homeless, and it starts with a phone call and screening.

“This is because you have been sleeping in a car or a community organization such as Community Action, Catholic Charities or Social Services is paying for you to be at a hotel or motel, or you are at a shelter – even though we don’t have shelters in our county,” he said.

“But if you are a county resident and you’re in the shelter and your residence is in one of the counties we serve, I can complete that screening to see if you are eligible for the Rapid Rehousing program."

He said that the program pays for security deposit and rental assistance for the apartment within the three counties, with the monetary allotment based on the applicant’s family size.

All three ILGR staff members emphasized that agency employees make themselves available for those who just want to hear some words of assurance during these troubling times.

“Yesterday, I spoke with a consumer that wasn’t actually in our county and after I got down to figuring out what he needed, I found out he just needed someone to talk to and vent to about everything that is going on,” Johnson said.

“I was the first person that he was actually able to get a hold of. (We’re) just letting the public know, maybe they don’t actually need a service, maybe they just need somebody to listen to them and that’s what we’re here for.”

The ILGR is open from 8:30 a.m. to 5 p.m. Monday through Friday. The phone number is (585) 815-8501. Johnson’s cell phone number is (716) 235-0934. More information can be found on the agency’s Facebook page.

To view the “Genesee Connects” video session hosted by Assistant County Manager Matt Landers, go to https://www.youtube.com/watch?v=uC1z-CGNy0w

The head of the state’s Department of Labor shook off a question about her job performance today as she updated the agency’s efforts to get benefit checks into the hands of around 470,000 New Yorkers with pending claims.

Responding to a reporter who brought up that state Sen. Patty Richie has called for her to step down, Commissioner Roberta Reardon (inset photo below) said she doesn’t have time to worry about her critics in the midst of COVID-19, a pandemic that has thus far triggered more than 1.5 million claims and nearly $7 billion in payments in the Empire State.

“I haven’t seen those news reports,” Reardon said toward the end of a 20-minute conference call with the media. “I’m squarely focused on my job, which is getting benefits to unemployed New Yorkers and I know that the rest of the team at the DOL feels the same way.”

Reardon said the DOL is “moving faster and more aggressively in New York than any other major state, and as of today, we have paid over $6.8 billion to New Yorkers in just two months, and that’s over three times that we paid in all of last year.”

She said she understands that those still waiting for benefits are angry and confused, but emphasized that the agency is proceeding as quickly as possible.

“I do understand the frustration. I have spoken to people personally about this, and if you haven’t gotten your benefits yet, then none of these numbers matter,” she said. “That’s why I’m going to keep working night and day to process applications, complete certifications and make payments. And I’ll leave the politics to the politicians because I have a job to do.”

Reardon said that every state’s labor department is staggering under the weight of claims for both traditional unemployment insurance and the pandemic unemployment assistance passed by the federal government.

“Earlier this week, the federal government announced that over 33 million Americans have filed for unemployment benefits since the coronavirus pandemic began to affect businesses,” she said. “And today, the federal government released figures showing that the unemployment rate in the USA hit 14.7 percent in April, and that is the highest rate since the Great Depression.”

The commissioner said the DOL has implemented several measures recently to streamline the claims process.

The latest, launched today, is designed to communicate more clearly the status of an unemployed New Yorker’s claim, she said.

“One of the things we heard from the media and directly from New Yorkers is the frustration with understanding where their application actually is in the process,” she said. “The system we have sees applications in binary terms – an application is ‘pending’ until it is ‘processed.’ So, we’ve worked within that system to figure out what milestones we can identify right now and communicate them as an application reaches those points.”

Reardon said that in the coming days, the DOL is going to roll out “a new effort to proactively inform New Yorkers about the status of their unemployment benefit application – using emails and text messages to communicate directly with New Yorkers when their application reaches the milestones in the process, and letting them know what step they are on and if any action is required and what to expect next.”

She pointed to previous action to speed up the process, including:

-- Issuing a directive to employers, reminding them they are required to provide New Yorkers who lose their job with the information they need to easily and completely file for unemployment;

-- Identifying and proactively emailing 90,000 New Yorkers with complete, processed and payable claims who have not submitted their first federally required weekly certification to release their payments;

-- And launching a new online process to allow 470,000 New Yorkers who did not certify in previous weeks to submit their prior week certifications and receive their back pay easier and faster.

Reardon said the DOL has processed more than 100,000 applications for PUA, which, she offered, is a more difficult application than the one used for traditional unemployment benefits.

“At the same time, today, 20 other states have not even begun to pay a single cent of PUA benefits yet and some have not even started accepting their applications,” she said. “This has truly been a colossal undertaking but I know these numbers are cold comfort for someone waiting for their first payment, and I want all New Yorkers to know that we will continue to work tirelessly to process their claims and make their payments.”

She also said that the agency has begun paying the $600 weekly payments to individuals with just “forfeit days” on their accounts, and that includes retroactive pay through April 5.

“For folks with other issues on their accounts beyond just forfeit days, we’re continuing to review what can be done,” she said.

After her prepared comments, Reardon answered several questions:

-- Asked about a wish list of resources needed, she first thanked the “voluntary state workforce” of 3,000 who have “stepped up and stepped out to help their fellow New Yorkers and that is really remarkable.”

She mentioned the addition of third-party call centers, 60 more servers on their main frame, thousands of new ports for the phone system, and the efficient Google application.

“But actually, my wish list would be a magic wand to make it go away,” she said.

-- Asked why it to so long to fix the DOL website and application system, that crashed in 2008, she pointed to the sheer volume of claims.

“We have 1.6 million New Yorkers processed in the last report, and we know that’s not the end of the applications; more people are coming into the system as we speak,” she replied. “There’s no state that hasn’t staggered and fallen to their knees under this. All of the states, even the states that recently rebuilt their systems, had their systems crash.”

She acknowledged that the DOL system needed an update and that one was under way.

“We did an RFP, it was an elaborate and articulate RFP that took a couple years to really get it through the system. We got our contractors and we were in the middle of a five-year rebuild and then the pandemic happened. It was a lot of forces all at once,” she said.

-- Asked about the problems processing of the PUA applications, she said things got off on the wrong foot.

“We all need to admit that it did not exist until March 27^th. It was signed into law on March 27^th … and we didn’t even get federal guidance on how to administer it as a program until April 5^th and then the guidance was complicated and, frankly, contradictory,” she said.

“Early on, people were told they had to apply for unemployment insurance and go through the process of being denied, and then they had to fill out another application – PUA – and this was very difficult.”

She said the DOL developed a streamlined application on April 20^th, but there were a lot of people who “got caught in that original glue-trap of bad regulation. And we are working on all of that; it’s moving much faster now.”

“The universe of potential filers for the $600 PUA checks is large and I don’t think they all will because many freelancers are working, frankly,” she said. “I’m very happy to say we are moving them through the system and more and more of them will be made whole every day.”

-- Asked if people were eligible if they turned down a job for health concerns, she said mentioned the state mandates regarding business reopening and the health protocols and advised anyone who “feels they are working in an unsafe environment should report it to the DOL because we will immediately investigate the situation and send inspectors out.

She then offered the following:

-- “Under federal law, if you are receiving PUA, you can not turn down a job because of generalized fear of COVID-19 or dislike of the job. And the same goes for traditional unemployment insurance.

--"Two, you can turn down a job because of a specific COVID-19-related health issue. For instance, if someone is told by her doctor that she is immune-compromised and had to self-quarantine, she would qualify for PUA.

-- “And, three, you can turn down a job because of other non-health COVID-19 scenarios and qualify for a benefit. For instance, you’re a child’s primary caretaker, and the child is unable to attend school or other childcare options because of COVID-19, you would qualify.”

While Batavia Town Board members are thankful that municipal operations during the COVID-19 pandemic have continued with minimal disruption, they’re also hopeful that a plan to reopen the Town Hall on West Main Street Road comes to fruition in the days ahead.

The board, along with Town Engineer Steve Mountain, gathered via videoconference on Wednesday afternoon to tackle the issues surrounding how to move from “brick and mortar thinking” to a next generation virtual Town Hall or operations center, including the future of the space used for Town Court proceedings.

With construction design for a new Town Hall postponed indefinitely, Supervisor Greg Post posed the question, “How do we move forward from what has been a traditional (form of operating) to something closer to what we’re really doing now?”

Post mentioned the dire forecast contained in the latest coronavirus impact report from the New York State Association of Counties – possible losses of up to $9 million in both sales tax and state aid to Genesee County – as a reason for the Town to take steps to reduce overhead and to make sure that the pipeline for sustainable economic development does not become clogged.

Currently, the engineering, building and inspection departments have been able to maintain a high level of activity, he said, working remotely, using the telephone and utilizing the Town Hall only when necessary.

“They have said they can follow a schedule that will work for them that won’t require any additional footprint in the building,” Post said.

Other Town employees, however, most notably the clerk’s staff, regularly work at the Town Hall, which also serves the public in various capacities.

Council Member Chad Zambito suggested reconfiguring work spaces or cubicles for employees to use, potentially on a staggered system depending upon the day of the week.

Town Clerk Teressa Morasco said that could work “depending on how many are in here, but there needs to be more privacy if we get back to more people in the office.”

Council Member Patti Michalak wondered if the courtroom could be used for employee work space, prompting Post to mention the uncertainty surrounding the court system’s future.

“As it stands now, (the court) is inadequate and, obviously needs a several million-dollar makeover,” he said, adding that he doesn’t know if there will be one court or four regional courts in Genesee County.

Mountain recommended that each department head submit a restarting plan for the board to review, outlining ways to work remotely and specific needs related to using the Town Hall.

“It’s a reimagining of a new type of Town Hall,” he said, downplaying thoughts of expanding the building, which would have to be “much larger if we want to operate as we have in the past.”

Morasco said relief from social distancing mandates would determine when residents would be able to use the drive-thru window, while Council Member Sharon White noted that although the safety procedures have been working, “I would hate to see it continue forever as I miss the interaction with everybody.”

Post said he isn’t convinced that the virus won’t return, but he was able to find a silver lining as it relates to the construction of a new Town Hall.

“If this happens, and it is likely it will happen again, I guess the positive side is that it came before we spent $6 million on a facility and couldn’t use it.”