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Genesee County’s representatives in Albany are unified in their thinking that New York State needs to release the $2 billion in federal rent relief money it has been holding on to and that local school districts – not the governor – should have the authority to develop their own reopening plans, especially when it comes to mask wearing.

The Batavian reached out to Sen. Edward Rath (photo at right) and Assemblyman Steven Hawley (photo at left) today, seeking the Republicans' opinions on the eviction moratorium issue, mask mandates for schools, extending emergency powers to the executive branch and working with Gov. Kathy Hochul, a lifelong Western New Yorker.

ON RENT RELIEF, EVICTION MORATORIUM

“We’re talking about a lot of money across New York State to the tune of $2.7 billion, and it’s my understanding that only about 10 percent of that money has been allocated for rent relief for tenants as well as reimbursement back to the landlords,” Rath said. “That is absolutely shameful.”

He said the state “needs to get its act together” to get these funds to tenants and landlords. Currently, the process to release this money has been slow and cumbersome.

“I will do everything in my power to make sure that we have a system and a process in place to rapidly dispatch this money,” he added. “And, I know that this is a priority of Governor Hochul; I’ve heard her say it on a couple of occasions.”

The senator said that he would be willing to go back to Albany for a special session on this topic, and also to participate in “a sensible discussion” about ending the eviction moratorium.

Recently, the U.S. Supreme Court ruled against the state’s moratorium, which is scheduled to end on Tuesday, but Rath said that Hochul and some state legislators are talking about ways to extend it once more.

He said he is “absolutely” against another extension.

“We need to start getting back to normal. All of the housing courts have been shuttered for well over a year, so there’s no opportunity for a building owner or a landlord to get any relief through the housing courts,” he said. “We have had this extended evictions moratorium for a very, very long time, and we need to bring some normalcy back to our housing and to the landlords, who have been paying their bills or struggling to pay their bills without any relief.”

Hawley blamed New York’s obsolete technology and unfair financial practices in his assessment of the rent situation.

“Well, just like everything else, money – when it involves the government, it tends to be not like the real world, necessarily,” he said. “It takes forever. We have an antiquated system in New York State for pretty much dispersing any money.”

The assemblyman said municipalities and counties have been waiting for money from the state for months on end.

Time to Stop ‘Floating’ the Money

“It’s called the ‘float’ … where an entity keeps someone else’s money and utilizes it for something else,” he offered. “So, good luck to the governor in terms of getting the money out to where it should be. Frankly, I have great deal of concern for those folks – landlords across the state who haven’t had any rent coming in.”

Hawley brought up another point of contention: The inability of employers to fill open positions.

“There are folks who could be going back to work,” he said. “We have signs up and down Main Streets all across State of New York; I’m taking pictures of them, in fact, showing ‘Help Wanted,’ ‘Apply Within,’ ‘Apply Online.’ ‘Apply by calling a number.’

“What happens, unfortunately, is that people are receiving money from the government in many cases – whether it’s for unemployment or other reasons, and they’re not willing to go to work. This, basically, allows folks … to receive something for nothing.”

He noted that landlords are in difficult straits.

“It has been well over a year since many of them have had any cashflow coming in themselves -- whether they’re a retired person who decided to buy a property and lease it out or someone … who has a business and depends on that for their living, and they’re working,” he said. “We need to get people back to work. There are plenty of jobs out there and we have got to stop sending money for people not to work.”

He agreed with Rath that the state has to simplify the process so tenants will be able to complete the paperwork to access the federal funds, but he stopped short of saying that it’s the property owners’ responsibility.

“There are landlords that could assist with that, but we’ve also got Social Services in each county, Office for the Aging, Cooperative Extension, churches that might be able to help folks fill those out,” he said.

ON MASK MANDATES IN SCHOOLS

Gov. Hochul, entering her second week in office, has made it clear that she wants a universal mask mandate where everyone must wear masks inside school buildings.

This is what she said on Thursday:

“So, we’re going to have a mask mandate. Get used to it, my friends! I’m going to make sure that that environment for school is safe for our children, teachers, and administrators, so that’s why we’re going to have that across the state of New York.”

In the eyes of Rath and Hawley, that is not the best way to proceed. Both said they are not in favor of a “one size fits all” approach.

“I firmly believe that the local authorities and local school districts know what’s best and know what’s right for their school districts,” Rath said. “Albany certainly doesn’t know what is right for upstate and New York City does not know what’s right for upstate in regards to masks, vaccination and social distancing.

“Let’s empower our local school districts to come up with a strategy which is correct and appropriate for them. A rural and an agricultural school district is very different from an urban school district.”

Hawley said that he has been talking to superintendents in the area, and noted that some districts have already released their guidelines – many of them recommending, but not requiring, masks in the classrooms.

“Just three weeks ago, when the former governor was still in office, his commissioners and health department came up with a rule that said that locals should decide, that local county health departments and school districts and school boards should come up with their own plans because they know their area, their people and their percentage of positivity the best,” he said.

“Just look at the number of folks who live in New York City and the boroughs. Each of those boroughs have their uniqueness and their own response to the pandemic. Right now, oddly enough, NYC has the lowest positivity rate in the state.”

Hawley said counties should be able to decide for themselves, and that school districts reacted to what came out of Albany and we’re preparing accordingly.

“And then all of a sudden we have the new governor coming out with masks for all,” he said. “One size just does not fit all.”

ON EMERGENCY POWERS FOR GOVERNOR

Rath said he has “serious concerns” as far as reinstituting the governor’s emergency powers.

“What we saw in New York State was a unilateral approach from Governor Cuomo when he had the emergency powers, and I thought that it was inappropriate,” he said. “The state Senate and the state legislature, overall, is a co-equal branch of state government. No governor should have extended, unilateral emergency powers for decision-making, no matter if it’s a pandemic or if it’s times when we are not confronted with something like a pandemic.”

He said he would be vocal in his opposition to that for Hochul “because the Senate and the Assembly need to have a seat at the table and be a part of the decision-making process.”

Hawley said he wasn’t in a position to “guess” on whether that would happen or not, but shared that, again, “we don’t need a singular individual making up rules, regulations and mandates across the state …”

ON WORKING WITH GOV. HOCHUL

Both legislators said Western New York and the Finger Lakes Region should benefit from Hochul’s ascension to governor, but will be sure to remind her of this area’s needs and priorities.

“Kathy has represented this area as a county clerk, certainly as a member of the Hamburg Town Board as well as in Congress. So, she has a high level of awareness of our issues and our priorities,” Rath said. “She’s also going to improve the tone and tenor of our state government, there’s no question about that. The toxicity, if you will, of Governor Cuomo was really difficult to work within and we’re going to have a vast improvement there as well.”

He said Hochul knows the issues in this area, and “I’m going to be a very loud voice reminding her to prioritize what needs to be accomplished here in our communities.”

Hawley, noting that Hochul, a Democrat, represented most of his Assembly district, said he’s hopeful that she “remembers her roots, each of the restaurants and each of the churches, and the Holland Land Office and Orleans County, and remembers what it is like where we live as opposed to what it is like where folks from New York City live.”

He acknowledged that downstate lawmakers, due to the huge population they represent, tend to have more influence than others, but is hopeful that she will “do the right thing.”

“This mask mandate is not indicative of that, but we’re going to continue to work with her,” he said. “Personally, I like her, and we’ve always gotten along well together. Hopefully, she remembers that regardless of where we’re from, we’re all New Yorkers.

“We’re all residents of New York State, and we have different needs, wants and desires, and they ought to be recognized.”

The U.S. Supreme Court’s recent decisions to put an end to eviction moratoriums imposed due to the COVID-19 pandemic were long overdue, according to a Batavia landlord who says months and months of not receiving rent have affected property owners big and small.

“There’s probably 50 percent of the houses in Batavia that are rentals and have landlords, and it really has affected people,” said Duane Preston, owner of Preston Apartments LLC. “A lot of it affects the little guys. If you have one or two houses and have tenants that aren’t paying, that really hurts.

“That’s 50 percent of your income that’s coming from the rent. The other 50 percent, you have to pay taxes and utilities. You’re not going to make the mortgage.”

Preston said that large city property owners with sprawling apartment complexes or housing developments have been severely hampered.

“We’re in a little town of Batavia, where we have a feel of who we have for tenants. But go to the big cities like Buffalo or Rochester, and you have hundreds and thousands of units, that will really affect them a lot more than just little me,” he said.

While landlords across the country are out billions of dollars in back rent, they now have the right to evict tenants due to the Supreme Court’s ruling on Thursday to allow evictions to resume.

The highest court’s Conservative majority blocked the Biden administration from enforcing a temporary ban enacted by the Centers for Disease Control.

The Associated Press reported that about 3.5 million Americans will no longer have these protections, stating the CDC did not have the authority to re-institute the moratorium without “explicit congressional authorization.”

Prior to that, on Aug. 12, the court struck down New York State’s eviction moratorium, known as the COVID Emergency Eviction and Foreclosure Prevention Act, which had been set to expire on Aug. 31.

Per a story in The New York Post:

“Renters no longer can evade evictions “by submitting a hardship declaration form to the state explaining lost income due to the pandemic or that moving would harm their health. A separate measure protecting renters who can prove to a court they’ve suffered because of the pandemic remains in place.”

Preston said New York’s rental assistance program is good in theory but has failed for two basic reasons: bureaucratic red tape in processing and the state holding most of the $2.7 billion in relief for tenants and landlords that it received from the federal government.

“The rent relief program money which is in the hands of New York State – only about 10 percent of that money has gone out, out of $46.5 billion (nationwide) that has been set aside for rent relief.,” he said. “How is that helping the landlord right now? It’s not. That money should be out to stop the evictions.”

He said that he has been stuck between a rock and a hard place.

“It’s not the rent relief program – that’s great if you can get the money – but you’ll still have tenants that just won’t pay and won’t help you get your money (by enrolling in the rent relief program),” he said. “They know they will be getting evicted after a year and a half that they’ve been in your house, and they don’t want to go through that process. So, the landlord is not going to get a dime. Those are the people we can’t get rid of.”

Preston said he regularly works with tenants who are late on their rent, but “it’s when the tenant doesn’t want to work with you; then we have no recourse.”

New York’s new governor, Kathy Hochul, earlier this week said she has a plan to expedite the $2.7 billion.

According to a story in The New York Daily News, Hochul said, “I am not at all satisfied at the pace this COVID relief is getting out the door. I want the money out now, with no more excuses and delays.”

Her office, per the story, indicated that steps to distribute this money include hiring more staff to process applications, implementing a rapid review of the program’s “workflow,” and reassigning 100 contracted staff to work solely with landlords to complete pending applications.

Randy Dumbelton

Randy J. Dumbleton Jr., 38, of Rochester, is charged with felony attempted assault 1st, assault 2nd, criminal possession of a weapon 3rd, and obstructing governmental administration. Dumbleton is accused of being involved in an incident on Lake Street, Le Roy, on July 22. On that date, Le Roy police officers were dispatched to a reported stabbing. Upon arrival, police located a female victim who had been stabbed twice in the arm with a pointed weapon and suffered a glancing scrape in the abdominal area.  During the investigation, Dumbleton was identified as the alleged suspect and was located nearby and taken into custody after trying to hide in a nearby wooded area.  Dumbleton was arraigned in Le Roy Town Court and ordered held in lieu of bail. Dumbleton was also referred to the NYS Division of Parole for an alleged parole violation.

Antonio Santiago, Jr., 43, of Ferndale Crescent, Rochester, is charged with harassment 2nd. Santiago allegedly punched and pushed a companion while at Darien Lake Theme Park at 5:55 p.m., Aug. 24.  He was arraigned in Town of Pembroke Court and released.

Story and photo by Alecia Kaus/Video News Service.

Ken Barrett, owner of Ken Barrett Chevrolet/Cadillac in Batavia, surprised the Genesee County Sheriff’s Office with a $2,500 donation to the K-9 Fund this morning.

A new warehouse for its food and beverage operation.

More parking on the former Kmart parking lot.

A potential street maintenance contract with the Town of Batavia in light of the Park Road Reconstruction Project.

Directors of Western Regional Off-Track Betting Corp. continue to be called upon to approve spending resolutions to enhance the Batavia Downs Gaming & Hotel enterprise.

The board, at this morning’s monthly meeting, approved several measures, including spending nearly $1 million to build a new 4,800-square-foot warehouse south of the facility, near Tops Market, and $75,000 for additional parking on the site across the street next to the former Kmart store.

It also will be asked, probably next month, to consider an agreement with the town where Batavia Downs’ crews would take care of maintaining trees, street lights and sidewalks – amenities that WROTB has agreed to pay for during the town’s rehabilitation of Park Road.

WAREHOUSE

WROTB President/CEO Henry Wojtaszek said the warehouse project is being done for efficiency and cost savings.

“It’s a project that has been on the drawing board for a long time,” he said. “We actually bid it out in 2019 (and) it was a little higher than we wished to spend on the project. We were looking to spend somewhere close to one million dollars, and now we’re actually financing it for close to one million dollars.”

According to a pair of approved resolutions, the pre-fabricated steel structure will cost $921,712.18 to build, plus another $52,818.63 in engineering and architectural costs via a contract with E I Team Inc. of Buffalo.

Lowest bidders for the construction work are Ed Hulme General Contracting of Warsaw for the concrete foundation/asphalt ($325,545.18), Building Innovation Group Inc. of East Rochester for pre-fabricated steel building ($328,264), Suburban Electric of Albion for electrical/fire/closed circuit television ($143,000), and Crosby-Brownlie Inc. of Rochester for heating, air conditioning and plumbing ($114,900).

“We went back and reduced some of the things we asked for originally in the designs and the drawings, and we re-bid it and it came back at 921 (thousand), which they passed today,” Wojtaszek said. “It allows us to put all of our F&B supplies in one central place; it will be more efficient and it will be cost-effective. It’s something we have talked about for a long time and now it is coming to fruition.”

PARKING

Wojtaszek said he and the board talked at length about the parking situation, agreeing to pay $75,000 for customer parking through next May. The property owner has not been charging Batavia Downs for several years prior to this agreement, he noted.

“We need it basically during the concert season to accommodate the patrons that want to park over there, and then, in the off months during this period of time, we need it because of the warehouse project,” he explained, adding that gaming customers will be able to use most of the parking lot if needed.

The property is owned by 570 DAB 30, LLC (Benderson Corp.), which is looking to develop it in the near future, Wotjaszek said.

PARK ROAD

Back in March, WROTB directors voted to pay the town up to $395,000 for property enhancements as part of the Park Road Reconstruction Project that is scheduled to commence this fall.

Costs of conduit, light fixtures and trees have gone up since then, Wojtaszek said, forcing the board to allocate additional funds, bringing the total to $488,000.

He said the total Park Road project price tag exceeds $4 million (around $4.3 million). Most of it is being paid for by New York State.

“We’ve worked very closely with the Town of Batavia … It will be a great addition -- beautification of that road and curb appeal that will extend to our business. We’re very excited about it,” Wojtaszek said.

He also said he expects the board to approve a contract with the town for Batavia Downs’ maintenance crews to take care of maintaining trees, street lights and sidewalks, and for snowplowing of that portion of the road.

In other developments:

• WROTB will distribute $74,267 in surcharge earnings to member municipalities for July;

• Batavia Bets, the corporation’s interactive online platform, has took in $12.5 million so far this year, up $2.1 million from the same time in 2020;

• Directors authorized spending around $170,000 annually over five years to purchase suites from Western New York Arena for Buffalo Sabres, Buffalo Bandits and other arena events. Marketing Director Ryan Hasenauer said the corporation saved $27,000 by extending the pact to five years.

Calling it a “success story after success story after success story,” Scott Kiedrowski, vice president of operations for Western Regional Off-Track Betting Corp. this morning informed directors of Batavia Downs Gaming’s recognition as one of four Arc New York 2021 Employer of the Year Award winners.

“We employ and welcome a number of individuals (from Arc of Genesee Orleans) who have job coaches to acclimate themselves to the building,” he said. “The program has really taken off. It gives these folks an opportunity they may not have in other areas to work, and it has been a success story after success story after success story, with all of those we have brought in to work here.”

Kiedrowski (pictured above) accepted the award on behalf of the corporation on July 29 via a statewide Zoom call.

Batavia Downs was the only business in Western New York honored this year for acknowledging the value of employing people with disabilities. Kiedrowski said between five and 10 people representing the Arc of Genesee Orleans work for the company.

“They start with a job coach and before long, they’re on their own, and it’s been working,” he said. “If ever there was an example of how this is supposed to work, it’s working here.”

In a press release previously posted on The Batavian, Arc of Genesee Orleans Director of Development Shelley Falitico says Batavia Downs has been a longtime friend of the agency, hosting Arc Night at the Races and Arc’s annual awards banquet.

Additionally, several employees from Batavia Downs’ Human Resources department took part in an onsite training – The Benefits of Hiring a Person with a Disability -- at the Arc location on Walnut Street.

The plaque reads as follows: "For demonstrating outstanding commitment and support in providing meaningful employment and acceptance of individuals with intellectual and other developmental disabilities in the workplace."

Photo by Mike Pettinella.

Previously: Batavia Downs chosen as one of four statewide recipients of the 2021 Arc Employer of the Year Award

This afternoon’s approval of a new sales tax allocation agreement with the City of Batavia – a move that clears the way for the annual distribution of $10 million in sales tax revenue to Genesee County towns and villages – was a significant moment in the eyes of County Legislature Chair Rochelle Stein.

So significant, in fact, that she marked the occasion with a resounding swing of her gavel on its wooden block.

“I’m excited (by this),” she said after legislators unanimously passed the “Modified Amended and Restated Sales Tax Allocation Agreement Between the County of Genesee and the City of Batavia.”

Stein, no doubt, also was relieved that lawmakers passed this and a subsequent, connected resolution ratifying the Town of Darien’s willingness to enter into an “Amended and Restated Water Supply Agreement” with the county.

On the first resolution, the sales tax allocation agreement between the city and county doesn’t change, but it does add wording statilng that the city has no objections to the county’s plan to distribute $10 million in sales tax money collected on a yearly basis to the towns and villages for the next 38 years.

The second resolution was made possible when the Darien Town Board, on Wednesday night, voted to sign a new water supply agreement with Genesee County. Darien was the last municipality to opt in and, by doing so, enables the county to share the full $10 million in sales tax and not a combination of sales tax and other revenue.

The new water supply contract – it’s the same for all municipalities – gives the county the right to raise the surcharge on water usage beyond the 60-cents per 1,000 gallons level, but also requires the county to petition the Monroe County Water Authority in seven years to enact an equalized water rate throughout the county.

“Sharing the $10 million was the goal of this legislature,” Stein said, as she congratulated her colleagues on achieving that goal.

In other action, the legislature voted in favor of contracting with EFPR Group, CPAs, PLLC, of Williamsville, a consulting firm, for assistance in how to spend money received from the American Rescue Plan Act.

The contract is for up to $10,000 for the two years of the contract, which includes the option of three, one-year renewals. The cost will be paid from ARPA funds.

County Manager Matt Landers told legislators that the ARPA grant can be used to fund water and broadband projects, but there are “a lot of nuances” to the guidelines. He said EFRP has “extensive experience” in this area and is familiar with the process.

Landers also said he doesn’t think it will cost $10,000 in the first year, but probably closer to $5,000.

Previously: Darien opts in to water agreement after receiving assurances that county will pursue equalized rate

More than 400 people volunteered at Genesee and Orleans county testing clinics and mass vaccination sites since the start of the COVID-19 pandemic, and those individuals – and any others willing to help – could be called into service again depending upon the force of the virus’ Delta variant.

That was the message shared by Genesee/Orleans Public Health Director Paul Pettit during a noon luncheon today at Genesee Community College in honor of those who gave of their time to support health department staff.

“Bottom line, we’re still in an evolving process here; we’re still in the pandemic,” Pettit said, after reviewing the timeline of the pandemic and providing statistics on the number of COVID cases, testing and vaccination to approximately 200 in attendance. “We’re still taking steps to make sure our communities are protected and make them as safe as they can be.”

Pettit said that all told, Genesee County has had 5,508 cases, with 53 active, while Orleans County has had 3,245 cases, with 49 active.

As far as vaccinations, he said that 59.6 percent of Genesee residents age 12 and over have taken the shot(s) while 55 percent of Orleans residents have done likewise (although both are less than the state average).

He reported that 279 different individuals volunteered at testing clinics or mass vaccination sites in Genesee County and 117 did the same in Orleans County. Another 49 staff members who assisted raised the total to 445 “who have given of their time to help during this pandemic.”

In Genesee, volunteers conducted 6,695 tests in Genesee and another 3,465 in Orleans.

Pettit said volunteers helped with 16,176 doses (either first or second shots) in Genesee County and 10,736 doses in Orleans County.

He received a loud applause when he said that the local volunteers did all the work during the New York State-sponsored site at Genesee Community, and so he took the liberty of adding those 2,500 vaccinations to the Genesee/Orleans total.

“Over 35 percent of those vaccinated in both counties was done by this group (of volunteers),” he proclaimed.

Going forward, he said people in certain health categories will be eligible for a third dose, and booster shots likely will be available in late September.

“Apparently at this point, they’re noticing a decrease in efficacy of the vaccine, … so we will be providing booster shots to anybody who has been fully vaccinated with Pfizer or Moderna vaccine (and is eight months out from their second shots).

Pettit said cases are climbing back up as the Delta variant takes hold in Genesee and Orleans counties and around the nation.

“We’re spending a lot of time on school re-openings …we’re prepared,” he said. “We have had a lot of opportunity to hone our craft, so to speak.”

Lisa Casey, confidential secretary for the City of Batavia since January 2015, has been hired as clerk of the legislature for Genesee County.

The announcement was made this afternoon at a meeting of the Genesee County Legislature at the Old County Courthouse.

"I consider it to be an advancement in my career," Casey said. "A great group of people that I'm leaving behind, but coming to. I'm just thrilled and excited to have this opportunity."

Casey will be replacing Pamela LaGrou, who has accepted the position as compliance officer for the county.

A Batavia resident, Casey was an executive administrator for Conifer Realty in Rochester for seven years and prior to that served as office manager for Vertice in Spencerport. She also has been an administrative, human resources and recruiting assistant.

"I was in government for the city and before that, I was in development and in banking," she said. "I've had quite a bit of experience in different areas."

When it was mentioned that the legislature held several committee meetings each month (in comparison to one or two City Council meetings), Casey said she was up to the challenge.

"I'm looking forward to it. I don't have any problems working hard and taking on what ever they have to give me," she said.

Her first day with the county is Sept. 7.

County Manager Matt Landers said he and the legislature "are thrilled to have both Lisa and Pam working for the county now."

He said that Assistant County Manager Tammi Ferringer was the compliance officer on a half-year basis, but the county's financial picture has brightened to the extent that it is able to employ a full-time compliance officer.

"So, we advertised for it and we're lucky that Pam interviewed for it, and we're glad to have her on board," he said. "She has a great knowledge of county government, so she should hit the ground running."

LaGrou, who has been the legislative clerk for almost six years, said she was ready for a different type of work. Her new role will focus on policy and procedures, compliance with Americans with Disabilities Act, corporate and privacy regulations.

Previously, she served as compliance officer at Genesee/Orleans Council on Alcoholism and Substance Abuse, where she was communications and development director. She also is a Town of Alabama council member.

Photo: Lisa Casey, left, speaking with County Legislature Chair Rochelle Stein following today's meeting. Photo by Mike Pettinella.

 

Genesee and Orleans counties this afternoon thanked all the volunteers who spent "countless hours" to assist local officials in their response to the COVID-19 pandemic over the past year.

"The reason for this is (to recognize) all of the countless hours the volunteers in our communities in Genesee and Orleans gave to our community during the testing phase and also during the vaccine clinic phase," said Genesee County Legislature Chair Rochelle Stein at the appreciation luncheon at Genesee Community College.

"We had an unbelievable response when we said we needed help. These are the folks who came and helped without even a care for themselves."

Stein said certficates were made for the 250 or so people who contributed to the two counties' efforts.

She also thanked Bill Schutt of the county Emergency Management Services department for his role as "COVID czar," along with Public Health Director Paul Pettit and EMS Coordinator Tim Yaeger, adding that it wouldn't have been possible "without all hands on deck."

​Photos by Alecia Kaus. 

The Darien Town Board, in an “eleventh hour” meeting Tuesday night, unanimously passed an amended and restated water supply agreement with Genesee County that includes a stipulation that in seven years the county legislature will petition the Monroe County Water Authority to equalize water rates for all retail customers in the county.

Previously, the board had voted against opting in to the county’s revised water supply proposal, reasoning that the town (along with the Town of Pembroke and Village of Corfu) had been paying more for water than other municipalities all along and shouldn't have to face additional surcharges.

But, last night, after continued talks with County Manager Matt Landers – and receiving assurances that the county will move toward a unified water rate -- the board reconsidered, and joined the county’s other towns and villages by passing the resolution following a 35-minute discussion at the town hall.

The 5-0 vote came a day before the county’s deadline for municipalities to decide whether or not to opt in. The full legislature is expected to vote on the unified water supply agreement at a meeting this afternoon at the Old County Courthouse.

Darien Supervisor Steve Ferry Jr. said the agreement “is not pretty” and called it “a fix of something that we didn’t create.”

“They (legislature) created the problem and it seems like we’re the ones having to fix it,” he said.

Ferry and the town’s council members -- Michael Grant, David Krzemien, Timothy Benton and Michael Fix – said they didn’t agree with the county tying water supply agreements with sales tax distribution.

Several weeks ago, the county came up with an idea to share $10 million annually for 38 years in sales tax revenue with its towns and villages as long as all of the municipalities opted in to revised water supply agreements.

That looks as though that will happen now that Darien has opted in. The town stands to receive $970,942 annually for the 38 years in sales tax distribution.

Ferry said his board held out until it received something in writing that the county would take steps to ensure a unified, equalized water rate.

“It is not a strongly worded agreement, but it is an irrevocable resolution,” he said. “The other thing is that it kind of holds the legislature’s feet to the fire, although not as much as I wanted. But it does give us something to shoot for.”

He said the agreement is a good thing for the town, but for those in the five water districts, “they’re going to feel a 60-cent per thousand (gallons) hit.”

The Darien board was able to get the county to add a paragraph to the water supply agreement that states the following:

Notwithstanding any other provisions herein, at seven (7) years after the date of full execution of this Amended and Restated Agreement, the County Legislature shall adopt and submit to the Monroe County Water Authority an irrevocable resolution urging and recommending that the Authority equalize the water rates for all retail customers in Genesee County. Upon failure of the County to timely comply with this requirement, the surcharge rate shall automatically revert to the rate as per Paragraph 6 herein (60 cents) with no additional action needed by either party; provided further that this reversion to 60 cents for each one thousand gallons of water used shall not be applied retroactively.

Krzemien acknowledged that the revision was “a step in the right direction,” but wondered about the status of the town’s current agreement. Ferry said once they signed the new one, the other would be nullified.

Grant said he had problems with the word “timely” in the added paragraph.

“What does timely mean?” he asked. “Timely doesn’t mean (anything) to me. What is going to bind the legislature to follow through after seven years?”

Ferry said the county plans to shut down the City of Batavia water plant, which would pave the way for all municipalities to get their water from MCWA and allow the legislature to “take in the entire county and equalize the rate.”

“It’s not going to happen for six years; 2027 is the projected date of that happening,” he said, adding that equalization can’t happen unless the city and the Town of Batavia become retail customers like the other towns and villages.

Contacted this morning, Landers said the agreement with Darien is the same as every other contract, with the “minor change that will give better assurances to the Town of Darien that the county is going to follow through on what are plan ultimately is – an equalized retail MCWA rate throughout Genesee County.”

“That is something that we have long talked about what the future holds,” he said.

Landers said that in seven years, the county will request MCWA to create an equalized, countywide retail rate.

“Right now, there are different retail rates. Customers on the Western side of the county – Darien, Corfu, Pembroke – pay a higher retail rate because their water comes from Erie County. That’s the only difference there is in this agreement,” he explained.

He said he will be sending a letter out to the Towns of Darien and Pembroke and Village of Corfu.

“If the legislature passes this agreement, I am going to send out a letter, giving them 120 days’ notice as is required in the agreement,” he said. “We can’t raise the rate to $1.20 effective tomorrow. We have to give 120 days’ notification. The rate won’t take effect – that $1.20 – until after 120 days have passed.

“We did the same thing with the other agreements.  If we ever raise the rate above $1.20, we have to give 120 days’ notification for that as well.”

Landers said the county could act toward equalizing the water rate now, but it would be best to wait until city residents enter the retail customer pool.

“The shutting of the city plant and the addition of city retail customers into the pool make the overall rate go down, but it’s not a requirement. Technically speaking, we could go retail now without city customers included because they wouldn’t and they’re not retail customers of MCWA. You would just have the outer towns,” he said. “But it makes sense to equalize once you have more customers to bring the rate down. Once the city is a retail customer, that’s the bigger trigger -- whether the plant is closed or not.”

He said the plan is for that to happen within seven years as the county continues to bring in more water as part of Phase 3 of its Countywide Water Supply Project.

In the end, Landers said he appreciates the efforts of the municipalities on the West side of the county.

“I know that we didn’t always agree, but I appreciate the efforts that Steve and his board went through to consider this – along with the Town of Pembroke and Village of Corfu,” he said. “I’m glad we came to this resolution and, in the end, I think it’s better for everyone. I’m going to remain optimistic and positive.”

Photo: The Darien Town Board at its meeting last night, clockwise from left, Steve Ferry Jr., Deputy Clerk Gwen Yoder, David Krzemien, Timothy Benton, Michael Fix and Michael Grant. Photo by Mike Pettinella.

Update, 2 p.m. -- The school/county health department meeting set for today has been postponed, pending potential guidance from New York State.

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Notre Dame High School Principal Wade Bianco this morning said that students, faculty and staff will not be required to wear masks during the 2021-22 school year, but the proposed guidelines are subject to change depending upon New York State and/or local mandates.

“There’s a meeting today at 3 o’clock – a Zoom meeting with the county (health department) – and whatever we’ve decided, based on previous information, could be different at 4 o’clock,” Bianco said. “But, we wanted to get it out to the parents that we were going to give the least restrictive environment and a safe environment …”

The ND reopening plan, distributed to students’ families on Monday, recommends that students, staff and faculty wear masks while in classrooms during instruction and learning, and also in the hallways and in the cafeteria, but it stops short of requiring face coverings – regardless of vaccination status.

“We’re also going to keep the desks a minimum of 3 feet apart – we’re going to keep 6 feet when we can,” the principal said. “If we have a class with 16 kids in it, we’re not going to put the desks 3 feet apart. But if we have a class with 20, the desks might be 3 ½ or 4 feet apart.”

Bianco said that school leaders are hoping to do everything in their plan, but believed the best course was to give people a “personal choice” on wearing a mask. He said that he, although fully vaccinated, is inclined to wearing the mask when in the hallway.

“Everything is subject to change; we’ve got to flex according to the circumstances,” he said. “The number one priority is safety. Number two is safety in the least restrictive environment as possible.”

He said a school administrative meeting is scheduled for 11 a.m. Wednesday and "if we have to adjust, we'll adjust."

The school’s reopening plan is as follows:

• Students, staff and faculty are highly recommended to wear masks while in classrooms during instruction and learning, in the hallways and in the cafeteria, but it is not required, regardless of vaccination status.
• People will maintain 3-6 feet of social distance at all times, with some classrooms at 6 feet apart if possible. Seating charts and use of classroom cohorts will continue.
• Cafeteria seating will remain at 6 feet apart.
• Staggered bell schedules will continue and use of a backpack for changing classrooms will continue.
• Notre Dame will continue with sanitation and cleaning each day.
• The school will continue to ask parents to monitor their students at home in the mornings to check for any signs of illness and ask them to keep their child home if ill.
• If a student becomes ill during the school day, the parent will be called. If the student exhibits signs of COVID, the parent will be given the option of having a non-invasive COVID test done at the school or take his or her child to the child’s primary care provider.
• Per state Department of Health, CDC and GO Health guidelines, students that have been a close contact to a positive case of COVID will be quarantined.

Additionally, the guidelines define close contact as someone who was within 3 to 6 feet of an infected individual for a cumulative total of 15 minutes. Close contacts, along with the infected individual, will need to quarantine for 10 days. In the classroom setting, the close contact definition excludes students if both the infected individual and exposed student(s) were wearing a mask.

• Fully vaccinated students and teachers are not required to quarantine, however, they are recommended be tested three to five days after exposure, even if asymptomatic, and to wear a mask until their test result is negative. This also applies to those previously diagnosed with COVID with in the last 90 days.
• Masking protocols for busing will follow the students’ home district. At this time, all districts are requiring masks for the duration of the bus ride. Refer to your home districts’ transportation center for more information.

In a major announcement today, the U.S. Food and Drug Administration is reporting the approval of the first COVID-19 vaccine – the vaccine known as the Pfizer-BioNTech COVID-19 Vaccine.

It now will be marketed as Comirnaty for the prevention of COVID-19 disease in individuals 16 years of age and older.

The vaccine also continues to be available under emergency use authorization (EUA), including for individuals 12 through 15 years of age and for the administration of a third dose in certain immunocompromised individuals.

In response to this news, Edward E. Walsh, M.D., head of Infectious Diseases at Rochester General Hospital, and Ann Falsey, M.D., professor of Infectious Diseases and co-director of the Vaccine and Treatment Evaluation Unit at URMC and RRH Infectious Disease Physician, took questions from media members via a Zoom call at noon.

Following is that question-and-answer session:

Q. How does this process work exactly to get to this decision made by the FDA? What does it take to get full approval?

A. Walsh: Essentially, it is to collect longer timeframe for safety data, as well as increased amount of data on efficacy. The EUA (Emergency Use Authorization) was approved essentially after 2 ½ months and this is with data that was submitted in June, so it includes data out to six months and it’s that kind of longer-term data that is required for full approval.

Q. Do you believe that this will change public confidence in people who are hesitant in getting the shot, and explain what Rochester Regional (Health) is really hoping that this could change for public perception … to show that vaccine really works now?

A. Walsh: I think for some people this may be important. It’s not clear at this point if it will come to pass that a significant number of people who are hesitant to get vaccinated will now do so. There have been surveys done … which suggest that there is a significant number of people who have been hesitant will step forward now that it has received full approval. But will have to wait and see if that actually happens.

The second aspect of this is that apparently this will make it a lot easier for organizations, including the healthcare organizations, to mandate vaccination as a requirement for working. Which is a very controversial and much debated in public spaces position. It apparently will allow that to move forward more easily.

Q. What do you see as the fallout to that (noting there is a small, vocal group of healthcare workers that said they won’t get the vaccine?

A. We’ve already seen that happen in certain institutions that have made it mandatory to be vaccinated, even during the period in which it was covered by the EUA. I imagine that there will be somewhat similar vocal outcry by some individuals and possibly groups. We’ll just have to see.

I can tell you that in the past, with influenza vaccine mandates this has been a struggle prior to potentially mandating flu vaccines in healthcare environments. Only about 75 percent of people would become vaccinated each year; once it was mandated, we now exceed 90 percent, often reaching 95 percent. So, it may allow us to move forward.

Q. (Could you address) the hesitancy of some folks, who say I’d like to see this get approved by the FDA, and now were at that point?

A. Falsey: “Basically the proof is in the pudding; We’ll have to wait and see what happens. I, took, have had numerous conversations with vaccine-hesitant people, and some raise very reasonable concerns that it’s a brand new vaccine (that) came along very rapidly and want to see more data and the FDA fully approved it. I, personally, might say I don’t think you’re assessing risk/benefit properly (but) those are reasonable concerns from reasonable people.

But, I do hope that this approval and this review of this safety data, will will give them the confidence to get what is a safe vaccine and get themselves protected.

Q. How does this approval help public confidence … for some of those people who were on the fence?

A. Falsey: I hope it will help a lot. There are some people who are anti-vaccine, and no matter what the FDA does they won’t trust it or believe it. But there is a group of people … who are just nervous and this is the reassurance that they will need. I hope it goes a long way.

Walsh; I would echo that hope that it does go a long way. I think people need to realize that these vaccines were scrutinized by a very large number of individuals and coming from different backgrounds to assess their safety. This discussions that take place are very long, they review an enormous amount of data. One thing that people should realize that following rollout vaccine in late November, essentially early December, the CDC (Centers for Disease Control) has been very meticulous in tracking side effects now for essentially nine months. And they have been able to uncover any of the concerns than anyone would have with these vaccines. So, … it’s including data that extends out nine months to the general public and for a year we are now seeing in our vaccine study here at RGH (Rochester General Hospital) with the Pfizer vaccine group … we’re seeing the now out at a year.

Q. Do you foresee that Moderna, Johnson & Johnson (approval) will be coming up soon?

A. Falsey: For a full licensure, you do need six months of safety data. Moderna had its EUA shortly after Pfizer, so I would think they would be next up to become fully approved … J&J will take a little bit longer.

Q. Is this a normal timeframe for vaccines to be approved or was this hastily done?

A. Falsey: It was sped up quite a bit, but no steps were not done. All the phases, all the safety were done, it’s just that it was a huge public health crises and everyone was working non-stop. Things were done rapidly,

Walsh: The preliminary scientific basis for this vaccine was developed over 10 years prior to the pandemic. That’s an enormous amount of work that normally is rolled into how long it takes to make a vaccine. That whole process was done prior to the pandemic even starting; it was a real head start here.

The process of going through Phase 1, Phase 2 and then Phase 3 trials was speeded up but iwas primarily in the Phase 1 period which normally would take from six months to perhaps even a year. Through a very safe mechanism, you can make those go faster; because of the pandemic, they had to. As far as the Phase 3 study goes, because of the pandemic, the decision was to monitor the effectiveness of this vaccine – and all of the vaccines -- in real time rather than to simply say, ‘Let’s just analyze this data at the end of the year.’ They said, ‘Let’s analyze this data week by week to see how long it would take to demonstrate efficacy.’ And when you demonstrate 95 percent efficacy against all infection and 100 percent against severe disease at 2 ½ months, you have data that says, ‘Let’s move this forward in the face of a pandemic killing .. over 500,000 people.

Q. As far as efficacy against the Delta variant, some studies show that Moderna has a stronger efficacy than the Pfizer. Is this just a timeframe thing that Pfizer is being approved before Moderna?

A. Falsey: “I’m not specifically aware of which study you are discussing. A lot of the global data that looks at real world effectiveness of these vaccines as we look through the different variants, they all look very effective against severe disease and death … The full approval process really has more to do with safety. So, Pfizer finished their study and applied for EUA, and had a little bit of a jump there, and that’s why they have six months of safety data first, and they received their full licensure. I am sure Moderna will be along quickly.

Walsh: … for six months we’ve seen the data, and the efficacy seems to be very similar. Real world data from various states in U.S., suggested that the Moderna vaccine was holding up a little bit better than the Pfizer vaccine, but not in terms of hospitalization, severe disease and mortality. It had to do with whether or not a minor or mild infection would occur. And these are relatively small studies …

One of the problems with collecting data in the real world as opposed to an actual study, where you’re monitoring every person, is that it really requires people to come forward with minor illnesses and mild illnesses, and it also requires states to report all their illnesses, for instance, hospitalizations, mortality, and that is not always done. So, it’s a little difficult at times. I think at this point, I’d argue that there’s probably not much difference between these two vaccines in terms of their benefit.

Q. Do you hear from their patients that this is something that they care about – about FDA approval?

A. Falsey: From a select few. The majority of patients either fall into the category of vaccine enthusiasts versus … those who just aren’t going to get it. But, there are a group of people that this a step that gives them confidence. They are worried that these are new vaccines and they want full approval and review by the FDA. There are people that this is meaningful.

Q. How instrumental was URMC and Rochester Regional was in the studies for Pfizer?

A. Walsh: This town – URMC (University of Rochester Medical Center) and RRH -- provided Rochester the opportunity to really participate in cutting edge of development of the Pfizer vaccine … and also work locally with the Johnson & Johnson vaccine as well as the Astrazeneca vaccine and the concept of mixing different vaccine strategies with different vaccines.

So, Rochester, the University and RRH have contributed an enormous amount of effort to push this forward. In a certain sense, I will say that among the infectious disease community, to a large extent, … it was essentially like getting drafted into the army. We had to stop doing all of the normal things that we do and focus on essentially one disease and one illness.

Q. What regulations did this vaccine exactly have to pass … to be fully approved by the FDA?

A. Walsh: I can’t give you every detail that is required … I’ve not sat through committees that go through this process. But, as I mentioned before, it requires full vetting from all of the data from study subjects – and there are 42,000 of them in Phase 3 study. If you looked at all the data from those as well as the data from the Phase 1 and Phase 2 studies, which were much smaller, I think specifically, looking at safety data. In addition, they do have access to all of the safety data that has been developed after the EUA rollout in December. That information is dependent upon individual reporting, whether it be physician or people in the community who have been vaccinated. Whereas the study subject data of 42,000 individuals, that data is very meticulously collected … very granular, very detailed and highly scrutinized.

Q. Why do you believe it wasn’t approved fully for those 12-15 (years old)?

A. Walsh: Again, this has to do with timing. The data for 16 and up, or 17-18 and up was part of that first phase of the Phase 3 studies were once that starts moving, they went into 12-16 groups, so that is somewhat behind so we don’t have the data yet … to be fully approved.

Q. What do you think this says for the future of mRNA technology?

A. Walsh: I think it opens up opportunities in many areas where we have been unsuccessful in developing vaccines. There are many diseases that we do not have effective vaccines, or have not event attempted to look into the possibility of vaccines -- especially for viruses, It also opens up the possibility of an effective strategy to improve our existing vaccines, such as influenza. In good years, we’re happy to see 50 percent effectiveness … If we could get very high degree of efficacy it could really do a lot of public health good. I think you can make the same argument for a lot of diseases for which we really haven’t pushed hard for vaccines.

This technology may be very effective. And those studies will be slowly starting … we’re obviously still mired down in the pandemic and the problems with that issue. Boost the doses, and the variants of coronavirus that may arise and have to be dealt with. At some point, this technology will be applied to other vaccines.

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Update: 4 p.m. in response to comment below:

Under the Public Readiness and Emergency Preparedness Act, companies like Pfizer and Moderna have total immunity from liability if something unintentionally goes wrong with their vaccines. And, although the vaccines have been approved by the FDA, people can't sue that government agency as it has what is known as "sovereign immunity."

When Jim Owen, well known as “The Mayor of Redfield Parkway,” had 16-year-old Kathleen Courtney as an 11^th-grader in his typing class at Hamburg Junior-Senior High School, little did he know that someday she would become the first female governor of New York State.

But he did see some personality traits and skill sets that he says have served her well throughout her political career.

Courtney was part of that typing class in 1975, about eight years into Owen’s teaching career that included 36 years as a full-time instructor and the last 18 years as a substitute teacher in the Batavia City School District.

Forty-six years later, Courtney, now Kathy Hochul, will assume the state’s highest office on Tuesday. She is succeeding Andrew Cuomo, who is stepping down following a state attorney general’s report that he sexually harassed 11 women.

Cuomo has repeatedly denied the accusations, but said he is resigning in the best interest of the state.

The “best interests of the state” will become the responsibility of Hochul, 62 (she will be 63 on Aug. 27), who, according to Owen, is prepared to do a great job.

“One of the things is that she is a person who communicates with many people,” Owen said of Hochul, who has been New York’s lieutenant governor since 2014. “In my opinion, she makes people feel important; she makes people feel comfortable, and I think she is a great listener.

“I always remember when she said, ‘If it’s a Republican idea and it’s a good idea, I’ll take it. If it’s a Democratic idea and it’s a good idea, I’ll take it. If it’s a Conservative idea, I’ll take it; if it’s a Liberal idea, I will take it. Her bottom line is that she is going to do the best for the people of our state.”

Owen admitted that it’s impossible to please everyone, but is convinced that Hochul will put her best foot forward.

“Obviously, you can’t win everybody’s opinion, but she will do her darnedest.” He said. “She’s a fighter. She’s not that tall, but she grew up with a family of great athletes … good competitors, and she is, too. Of course, in typing, she did her work.”

The teacher and student have kept in touch over the years; they usually meet at Batavia Muckdogs’ games when Hochul is in town. Owen said he got a surprise call earlier this month.

“Last Friday night, Friday the 13^th, about 5:30 in the afternoon, I was at Stafford Country Club and I got a phone call from 716 (area code). I thought it may be a scam, but I decided to answer it,” he offered. “Well, it’s Kathy. She’s calling me, thanking me for saying nice words about her in a story on Spectrum News – which I thought was kind of neat. That was kind of a class act that she would give me a call.”

Owen also was quoted in a story published today in the New York Daily News:

“Jim Owen, who taught her in a 28-student typing class when she was a junior, said he would not necessarily have guessed at her political future given her soft-spoken and studious nature. But he said her determination shined.

“She was a very hard worker,” recalled Owen, 78, who’s now retired and lives in Batavia. “She made the teacher look good.”

Hochul, on Aug. 12, confirmed that she plans to run for a full term as governor in 2022.

Photos: Kathy Courtney Hochul's graduation photo; her and Jim Owen at a Hamburg Alumni Foundation event; the duo at a Batavia Muckdogs' game. Photos submitted by Jim Owen.

Thomas Tacito, 61, of North Spruce Street, Batavia, is charged with six counts of failure to appear. Tacito was arrested on six bench warrants for allegedly failing to appear for court dates when previously arrested on appearance tickets.  He was arraigned and released on his own recognizance.

Cassandra Smith, 35, of Main Street, Piffard, is charged with cemetery desecration.  At 10:25 a.m., Aug. 17 police officers were dispatched for a report of a suspicious female in the St. Joseph Cemetery.  It appeared that she was taking items from gravesites. Police located Smith and her vehicle in the cemetery. She allegedly stole numerous items including statues, planters, and flags from gravesites in the cemetery. She was released on an appearance ticket.

Jeremiah Williams, 30, of Oak Street, Batavia, is charged with sex offender/failure to verify address. Batavia police officers responded to the Super 8 Motel in an attempt to locate Williams on multiple warrants, including a harassment 2nd warrant. Williams was located and taken into custody. Williams was arraigned in City Court.  His custody status was not reported.

Rosemary Waters, 35, of East Main Street, Batavia, is charged with failure to appear. Waters was arrested on a warrant following a police investigation into a suspicious condition at a business on Oak Street.  Waters was arraigned in City Court. Her custody status was not reported.

Germayne Session, 27, of Gardiener Street, Rochester, is charged with criminal mischief 4th and three counts endangering the welfare of a child. On July 27, Gardiener allegedly punched the windshield of a van belonging to another person causing it to shatter.  There were three children in the van. Gardiener was issued an appearance ticket.

Tyler Gorski, 19, of Bank Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment, and harassment.  Gorski was allegedly involved in a disturbance on Bank Street at 8:18 p.m., Aug. 13.  He was arraigned in City Court and released on his own recognizance.

Drew Fortes-Crimes, 23, of Ellicott Street, Batavia, is charged with criminal mischief 3rd and harassment 2nd. During an incident on Harvester Avenue on Aug. 14, Fortes-Crimes allegedly damaged property and subjected the victim to unwanted physical contact. He was issued an appearance ticket.

Jordin Schultz, 23, of State Street, Batavia, is charged with criminal obstruction of breathing, criminal mischief 4th, and harassment 2nd. Schultz allegedly slapped another person, grabbed that person by the neck, and took that person's phone in an attempt to prevent the person from calling 9-1-1 during an incident reported at 10 p.m., Aug. 13.  Schultz was arraigned in City Court and released.

Tarah Mruczek, 34, of Tracy Avenue, Batavia, is charged with harassment 2nd. Mruczek allegedly struck another person during an argument on Aug. 15.  She was arraigned in City Court and released.

Mark Farley, 53, of Oak Street, Batavia, is charged with criminal contempt. Farley is accused of violating an order of protection. He was jailed on $2,500 cash bail, $5,000 bond, or $10,000 partially secured bond.

Michael Quinn Keaney, 38, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Keaney was stopped at 12:03 a.m., Aug. 21, on Alexander Road, Alexander, by Deputy Trevor Sherwood.

Kyle Allen Hawley, 31, of Spring Street, Bergen, is charged with endangering the welfare of a child. Hawley allegedly overdosed on a narcotic analgesic while in a presence of a child less than 17 years old. Hawley was administered narcan by emergency responders and transported to an area hospital.  He was issued an appearance ticket.

St. Paul Lutheran School officials have released their 2021-22 safety plan, a multifaceted set of guidelines that addresses masking, wellness, facilities/school operations, and scenarios concerning the coronavirus and illness.

According to the four-page document, the school, located at 31 Washington Ave., Batavia, will follow all guidelines provided by New York State, including the directive of whether or not in-person instruction of distance learning will take place.

The safety plan could change as guidelines surrounding the COVID-19 pandemic evolve, officials reported, with any changes to be communicated to families, students and staff immediately.

Key points of the plan are as follows:

MASKING

While masks are not required in classrooms and when proper distancing can be maintained (such as in the lunchroom or chapel), they must be worn by students when they enter the building and are in the hallways.

Families may request that their children wear masks, and all visitors must wear a mask when a distance of 3 feet can’t be maintained.

WELLNESS

Anyone with a temperature of 100 or more, or appearing ill, will have to leave the school, and must stay home until they are free of a fever for 24 hours without medication, receive a negative COVID test result and/or approved by a health care provider.

Additionally, anyone who is sick must stay home; handwashing will be required throughout the day, and students must have a personal, refillable water bottle. Hand sanitizer will be in each classrooms and gloves will be supplied to teachers.

FACILITIES/SCHOOL OPERATIONS

Maintenance personnel will clean and disinfect the building, classrooms and bathrooms on a daily basis, and desks will be arranged to accommodate for social distancing.

Sharing of items will be limited, with class birthday treats or food for activities needing to be commercially packaged. Field trips are postponed until further notice.

All bathrooms will be one-person use only, and stairways will be one-directional only.

CORONAVIRUS, ILLNESS

The school will follow recommendations of the Genesee County Health Department in the event of positive tests for COVID for students, staff and family members, which include notification of families, staff and health department personnel while maintain confidentiality.

Should a student get sick during the school day (cough, fever, etc.), he or she will be removed from the class, have his or her temperature taken, and be required to wear a mask while waiting for transportation (other than the bus) home.

In the event of a school closure, distance learning will take place, under conditions described in the document (see link to the safety plan in the third paragraph of this story).

The owner of Save-A-Lot at 45-47 Ellicott St., seeing the improvements his landlord was making to the downtown building, said he figured the time was right to create a “fresh, modern” look to the grocery store that will be celebrating its 10^th anniversary in December.

“When we heard that Victor (VJ Gautieri Constructors Inc. President Victor Gautieri) was going to update the building -- putting apartments on top of the store -- we decided to extend our lease and renovate our location here,” said John Hedlund, a Niagara Falls resident and owner of five Save-A-Lot stores in Western New York,

“We put about $300,000 into it, giving it a fresh, modern feel; a new décor package and new life.”

So, while the Gautieri company was completing the Downtown Revitalization Initiative project that resulted in 10 market-rate apartments on the second floor (and continues to prepare another 18,000 square feet of commercial space on the first floor), Hedlund went to work on updating the grocery store.

Hedlund, who is in a partnership with William Larson of Pennsylvania, the former owner of the Corfu IGA store, provided details of the changes while giving The Batavian a tour of the store earlier this week.

“We shortened up the hallway to the entrance of the store, and we’ve expanded our produce, meats, dairy and frozen food items throughout the store,” he said. “New windows on the front give it more of a grocery-store look, plus we’ve replaced a lot of equipment and we added new lighting and paint.”

In the grocery business for 44 of his 60 years, Hedlund said he likes Save-A-Lot’s new branding and signage, and is pleased with the results of his decision to shorten the aisles and add a center aisle.

“By doing this, it gives customers the opportunity to not be crowded in the aisles, so they have room to step aside and not be pushed around,” he said. “It just gives everyone more space. We’ve done this with all of our stores, and it really ended up being a positive thing for everyone.”

Hedlund owns Save-A-Lot stores in Le Roy (which underwent remodeling recently), Albion (which open three years ago), Salamanca (his first store, which also has been renovated) and his hometown of Niagara Falls.

The Batavia store consists of 18,000 square feet, with two-thirds of it as retail space, Hedlund said. He said that he hopes other businesses come to the location, noting that the increased traffic would help to offset the loss of the store’s “in and out” business caused by the COVID-19 pandemic.

That and other factors such as a minimum wage increase and rising inflation have resulted in higher prices.

“Yes, we’re starting to see that, but we’re trying to maintain the retail pricing as low as possible,” he said. “We’re competitively priced … as we don’t have to carry a lot of items that just sit on the shelves and cost money. We look for terms and we have a lot of buying power through Save-A-Lot as they have 1,000 stores, so that keeps our costs down.”

A licensee, Hedlund said he is qualified to buy through Save-A-Lot and outside vendors, including produce from local farmers.

The store employs about 18 people, including two full-time butchers, a full-time produce manager and full-time operations manager.

“We fresh cut our meats every day and we also offer grab-and-go deli meats on a daily basis,” Hedlund said.

Hedlund said a four-day sales promotion each month will begin on Sept. 4.

“There will be hot sales on produce and meat selections for four days – Saturday, Sunday, Monday and Tuesday – each month for a while,” he said. “We will be promoting that heavily.”

The store is open seven days a week from 8 a.m. to 8 p.m.

Previously (from December 2011): Entrepreneurs saw Batavia needed a grocery store downtown, so they opened one

Photo at top: Save-A-Lot owner John Hedlund next to the new produce display at the Ellicott Street grocery store. Photos at bottom: Expanded center aisle; grab-and-go deli section; frozen foods and dairy section; employee Corey McKenzie cashes out customer Gary Capuano of Batavia. Photos by Mike Pettinella.

Press release:

“Both Genesee and Orleans Counties are now in a high level of community transmission according to the CDC COVID Data Tracker (https://covid.cdc.gov/covid-data-tracker/#county-view),” stated Paul Pettit, Director of the Genesee and Orleans County Health Departments (GO Health).  “Genesee and Orleans Counties are currently at 99 active cases.  We are also reporting eleven hospitalizations between the two counties, with eight in Genesee and three in Orleans. All of these hospitalizations are community members across the age spectrum and not nursing home residents. The majority are unvaccinated.”

We encourage everyone to follow the public health prevention precautions as noted below.  It is important for those who are not currently vaccinated to talk with their primary care provider to determine whether getting vaccinated is right for them.  “The best way to protect yourself and others from COVID-19 or health complications from COVID-19 is to get vaccinated.  The vaccine is proven to be safe and effective,” stated Pettit. 

Per the CDC recommendations for communities with the high spread of COVID-19, we encourage everyone, vaccinated and unvaccinated, to wear masks when indoors in public and when at crowded outdoor settings.

• Everyone should continue practicing the following public health prevention precautions: 
• Avoid touching your eyes, nose and mouth with unwashed hands. 
• Wash your hands often with soap and water. 
• If water is not readily available, use hand sanitizer. 
• Wash and sanitize frequently shared/touched items.
• Stay 6 feet away from others and avoid close contact with people who are sick.
• Avoid crowds and poorly ventilated spaces.
• Wear a face mask indoors in public and crowded outdoor settings. 
• Monitor your health daily and stay home if you are experiencing any symptoms.
• Get tested if you are experiencing symptoms and self-isolate until you get your results back. If you test positive for COVID, you are to isolate for 10 days. 

For up to date data, GO Health updates the Emerging Issues page of the website (https://gohealthny.org/emerging-issues/) on Mondays and Thursdays and posts the data on our Facebook, Twitter and Instagram pages (GOHealthNY is the user name for each of these platforms). 

The Genesee, Orleans, Wyoming County Health Departments COVID-19 Case and Vaccination Tracker is updated daily (https://experience.arcgis.com/experience/5f8401b0516247b490934303e3975e49/)

Le Roy Town Supervisor Jim Farnholz put an athletic competition spin on news that Great Lakes Cheese Co. Inc. will not be building a $500 million, 486,000-square-foot processing facility on land adjacent to the Le Roy Food & Tech Park on Route 19 north of the village.

“You know what, as a coach would say, ‘When somebody goes down, it’s the next man up – that’s how I look at it,” said Farnholz, speaking by telephone today.

Word that the Ohio-based cheese manufacturer is looking elsewhere – reportedly at a 130-acre site in the Cattaraugus County towns of Farmersville and Franklinville – reached Farnholz over the past couple days. However, he said, the Le Roy Town Board has done much to set the stage for another company to come in.

“We’re going to request some of the archaeological work and some of the site planning if Great Lakes is willing to give it to us, since they have already done that,” he said. “And that would be a further incentive for another business to come in because the archaeological and some of those other things are done already.

“We checked a lot of boxes. We’ve got water, gas and electric solved, so I think that makes it more attractive for the next one on deck.”

Although Great Lakes Cheese did not submit a formal application to the Genesee County Economic Development Center to review its site plan or to request tax incentives, company representatives did check out the location and talked to individual landowners about the possibility of selling their property.

REZONING FOR FUTURE EXPANSION

Also, on July 8, the town board unanimously voted to rezone seven parcels totaling 185 acres in the north of the Le Roy Food & Tech Park – between Route 19 (Lake Street Road), West Bergen Road and Randall Road – from R-2 (Residential) to I-2 (Light Industrial) to accommodate future business expansion.

“We did everything we could and we will continue to try and attract business and industry,” Farnholz said. “In the end, there were some DEC (New York State Department of Environmental Conservation) issues with wastewater, and I think there were some incentives that other municipalities or counties may have offered that financially weren’t available or the best idea for us or the best fit.”

The town board’s decision to rezone the parcels was made despite opposition from homeowners in that area, many of whom spoke at a public hearing prior to the vote.

One of the most outspoken against it was Eric Raines Jr., who with his girlfriend, purchased the historic Olmsted Manor and its 14 acres of woodlands on Lake Street Road. Raines’ contention was that the town’s Future Land Map showed that the area was supposed to remain “agricultural.”

Contacted today, he said, "It is what it is, and I'd like to thank anybody that supported us. I guess I'm going to be able to watch the sunset over the soybeans for at least another day."

A check of the Genesee County PROS Property Search site lists the owners of the rezone parcels as Englerth (four parcels, 123.7 acres); Sam Caccamise Estate (one parcel, 53.5 acres); Stella (one parcel, 2.8 acres), and Falcone (one parcel, 5 acres).

GCEDC OWNS TECH PARK

The GCEDC owns the vacant 71.7-acre Le Roy Food & Tech Park located to the south of all but the Falcone parcel. The park is zoned I-2.

Mark Masse, GCEDC senior vice president of operations, said his agency continues to promote the site to manufacturers, both locally and outside of New York State.

“The GCEDC is always looking for companies to locate and expand their businesses here,” he said. “It is our goal to provide the appropriate acreage and utilities that will enable these companies to pair up their operations.”

According to minutes of a June 24 board meeting of the County of Cattaraugus IDA, Great Lakes Cheese Co. Inc., and Schwab Land Holdings, LLC, applied to that agency “to allow and direct the CCIDA to partner and facilitate the proposed project an action by undertaking certain studies and findings to help achieve shovel ready site status.”

Continuing, the minutes state the facility would preserve 229 jobs and would allow for additional hiring of 200 new employees.

Reportedly, the plant will also require 30,000 more cows from area dairy farms as it will be producing four million gallons of milk per day – twice as much as used at the company’s Cuba Cheese plant in Allegany County.

CCIDA CONSIDERS 25-YEAR PILOT

A letter dated July 27 from Corey Wiktor, CCIDA executive director, acknowledged receipt of the company’s application and request for financial assistance (tax incentives).

Wiktor, returning a phone call from The Batavian, said that while nothing has been finalized, the CCIDA is considering a 25-year Payment in Lieu of Taxes agreement proposed by Great Lakes Cheese, as well as sales tax and mortgage tax abatements.

"We have not done that prior, but we have also not been a party to a proposed project of this magnitude," Wiktor said, noting that for every one manufacturing job at the site it could create six more jobs down the supply chain."

He said agency staff is doing its due diligence on the site, including flood plain and traffic studies, soil testing, and environmental and endangered species studies.

"And, like Le Roy, we've gone through some municipal rezoning, if you will. Things are progressing, but we still do not have a confirmed project or investment."

Previously: Le Roy Town Board votes to rezone parcels adjacent to Le Roy Food & Tech Park after hearing residents' concerns

A week away from cementing their place as the first tenants of the new City View Residence, Jonathan Bates said the two-bedroom apartment above Save-A-Lot on Ellicott Street provides everything that he and his brother, Jake, desire at this point in their lives.

The Oakfield-Alabama Central School graduates – Jonathan is 27 and Jake is 26 – signed a one-year lease with VJ Gautieri Constructors Inc. and are scheduled to move into their new home on Aug. 28.

Jonathan Bates (pictured above), in an interview with The Batavian on Thursday, expressed his pleasure with being the first to rent one of the 10 units that were constructed as part of the City of Batavia’s Downtown Revitalization Award initiative.

They will be living in one of the three two-bedroom apartments; the others have one bedroom.

“It’s cool to be a part of the revitalization of Batavia. This project is kind of the culmination of all the efforts that have taken place so far, and it’s exciting to be part of that,” he said. “Family members saw pictures of it (on The Batavian), and when they did, they said, ‘Jon and Jake, this is right up your alley. You’ve got to check this place out.’”

Bates said the monthly rent for the market rate apartment is well worth it, considering the modern and varied furnishing, and the access to downtown businesses.

“You go up there and each space, each unit has a unique view of the city, the downtown life,” he offered. “You take a look around where we are and we’ve got gyms, restaurants, banks – everything within walking distance. And a (grocery) store right down here on the first floor. It’s worth every penny.”

The brothers work for the same company in the construction management field.

“Being in the industry, I know exactly what VJ Gautieri has been going through to open this place up, and all the challenges in the industry right now with getting material and labor shortages due to COVID. But they have done a fantastic job getting this thing done on schedule,” Bates said.

He said they were put in contact with Victor Gautieri, president of VJ Gautieri Constructors, and, after receiving a tour, signed on the dotted line.

“We were sold immediately,” he noted.

When asked if he sees himself as a millennial, part of a group born from 1981-1996 that is said to be enthralled with city living, Bates said he didn’t pay much attention to categories.

“To be honest with you, I don’t even know what I’d be considered,” he replied.

CERTIFICATE OF OCCUPANCY IN HAND

Gautieri reported that City of Batavia Code Enforcement Officer Ron Panek issued the facility’s certificate of occupancy last week.

“Mr. Panek did a complete inspection of the facility, and we also had to provide several documents, including an elevator inspection certificate, fire alarm system certificate, sprinkler system certificate and an electrical certificate showing that the wiring was inspected by a third-party,” Gautieri said.

He said Panek did a “complete walk-through,” as did Batavia Fire Department officers to familiarize themselves with the facility.

The certificate of occupancy came about a year after Gautieri secured the additional financing needed to complete the $3.1 million project.

Gautieri said he is in the process of reviewing applications and scheduling tours for those who are interested in learning more about the apartments. For more information, contact the VJ Gautieri Constructors’ office at 585-343-0852.

Previously: A first look: City View Residences (aka Ellicott Place) on the second floor of Save-A-Lot building