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Genesee County governmental leaders have trimmed the fat from the county’s self-funded employee health benefits plan that has been hit with consecutive years of double-digit premium increases, County Manager Matt Landers said this week.

“I will say that the plan is run lean, believe it or not,” Landers said following a vote of the Genesee County Legislature’s Ways & Means Committee to approve monthly rates for 2021, effective Jan. 1. “There is no healthy reserve fund balance in that fund. We are just covering our costs.”

And the costs to the county are considerable as participants pay an average of 15 percent of the total premium, with the county picking up the other 85 percent.

Genesee County has budgeted $13,994,483 for 2021 for actual claims plus administrative and ancillary costs. Approximately 680 employees of the county and Genesee Community College are enrolled in the plan, with total participation including additional family members at approximately 1,660.

Landers said that medical and prescription drug premium rates are increasing 17.6 percent in 2021, and this is on the heels of a 10-percent increase for 2020.

“While it is painful, we are increasing the premiums as little as possible,” he said. “We’re trying to be mindful of the impact it has departments, on taxpayers and on individuals that are paying these increased premiums through cost sharing.”

He said the goal is to have everyone on the plan pay 15 percent of the total premium – which will be achieved through negotiations with the county’s four unions – and that each county department has a budget for the health care costs for its employees.

“Right now, the average county employee is pretty close to paying 15 percent,” he said.

For an illustration of the cost, an employee signed up under “Family (3 or more)” in the Health and Wellness Plan will pay around $339 per month for that coverage in 2021.

With the total monthly premium set at $2,261, the county is responsible for $1,922 per month.

Landers explained that being self-insured means that all medical and prescription drug bills come directly to the county.

“We’re self-insured, so when a person goes in for a surgery or somebody has a premature baby delivered and stays in the hospital two months, we’re not sending (bills) to Blue Cross & Blue Shield, we are our own self-insured company,” he said. “So, basically the doctor or the hospital … sends a bill to Genesee County for $175,000 and we’re the ones paying that.”

Other monthly rates under the Health and Wellness Plan include Single, $696; 2 Members, $1,391; Retired, single, $696; and Retired, family 3 or more, $2,261. The county also offers dental and vision benefits for both Single and Family.

Legislature Chair Rochelle Stein said management and health plan consultants did their best to keep costs as low as possible.

“We understand that this increase in premiums is necessary, but if you go on to the market, you will see that it is right in line. So, I’m just pleased with this, considering where we are today,” she said.

While it's too early to say that a series of brush fires next to buildings at 29 Liberty St. in the City of Batavia were deliberately set, said Chief Stefano Napolitano, the fires do deserve closer scrutiny.

City fire and Batavia PD are working together on an investigation.

The property is a long narrow band with a trailer on it -- like a long trailer used at construction sites -- and the fires were several yards apart on the property.

"With fires at multiple locations, it warrants an extremely closer look," Napolitano said.

The investigation will also try to determine if the Liberty Street fires are linked to a dumpster fire at School and Cedar streets earlier today.

Out at the scene this evening, Napolitano was overheard talking with a police officer about the unusual number of brush fires in the area for November. We asked him about it later.

There were fires today in Alabama, Oakfield, Pavilion and Darien.

"I can't speak for other chiefs but in my 35 years (in the fire service), I don't remember a November 20th with this kind of temperature and dry conditions," Napolitano said. "Maybe when I was younger, I didn't notice it, but now I can feel it in my bones."

He said its really not a good time for one last bonfire or to burn things.

He praised the response of his team. The firefighters protected nearby buildings from the fire and got it out quickly.

Previously: Brush fire reported on Liberty Street in the city

Video by Rick Hale.

The need for COVID-19 testing sites in rural counties was the focus of a press conference by U.S. Senator Charles Schumer Thursday morning at Medina Memorial Hospital.

Schumer said Congress has approved $9 billion in funding for states and rural counties, such as Genesee, Orleans and Wyoming, but the Federal government won’t release it.

Both Schumer and hospital CEO Mark Shurtz are concerned about the amount of testing that will need to be done with the coronavirus cases exploding across the region. Schumer said Orleans seven-day average has quadrupled since Nov. 1, and yet the county has zero free COVID-19 testing sites.

Genesee and Orleans County Health Department Director Paul Pettit said there are currently no free testing sites in the three-county area, forcing residents to drive to Monroe Community College in Rochester, Niagara County Community College in Sanborn or Downtown Buffalo for a free test.

Testing is being done at Oak Orchard Health in Albion, and drive-thru testing at Orleans Community Health’s Urgent Care in Albion, but it isn’t free. 

County officials estimate thousands more tests are desperately needed immediately and with cases on the rise, there will be increased need for testing of nursing home residents, health care workers and school children, Pettit said. 

County officials project they will need at least seven to eight rapid test machines and thousands of test kits at minimum, compared to the two machines and 700 rapid test kits they have now. 

Schumer demanded the Department of Health and Human Services release the testing dollars he helped to originally secure to conduct sufficient rapid testing and tracing programs to keep residents safe from the virus. Schumer also announced his intention to fight for more of those funds for communities across Upstate New York, as the possibility of a second wave emerges and as a Covid relief deal continues to be negotiated. 

Marc Shurtz, CEO/CFO of Orleans Community Health, said every tool and resource available is needed to best protect the community and health professionals, and that certainly includes more robust testing. 

“Especially now as Covid infection and transmission rates are spiking again in Western New York, we need to increase our testing capacity – including rapid testing – to stop the spread and avoid other protective measures, like lockdowns,” Shurtz said. "If we can head off community spread with more testing, we can curb new hospitalizations, which are already up 550 percent in the Finger Lakes Region.”

Press release:

As of 2 p.m.:

• Genesee County received 17 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Batavia, Darien, Elba and Le Roy. 
  • One of the new positive individuals is a resident at The Grand Rehabilitation and Nursing at Batavia.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Eight of the current positive individuals are hospitalized.

• Orleans County received one new positive case of COVID-19.
• The new positive case resides in Barre.
• The individual is in their 0-19s.
• The individual was not on mandatory quarantine prior to testing positive.
• Twenty-nine of the previous positive individuals have recovered and have been removed from the isolation list.

Three of the current positive individuals are hospitalized.

Health Alert

From the Genesee County Health Department:

The Genesee County Health Department has received seven positive COVID-19 tests from individuals who attended funeral service arrangements on the following dates and locations:

• Nov. 11th -- Gilmartin Funeral Home (333 W. Main St., Batavia) between the hours of 3 to 7:30 p.m.
• Nov. 12th -- Resurrection Roman Catholic Church (303 E. Main St., Batavia) between the hours of 9 to 10:30 a.m.
• Nov. 12th -- Saint Joseph’s Mausoleum (Ellicott Street, Batavia) between the hour of 10:30 to 11:30 a.m.
• Nov. 12th -- Polish Falcons of America (123 S. Swan St., Batavia) between the hours of 12 to 6 p.m.

Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive cases.

We advise all individuals who were at the locations listed to monitor their symptoms for 14 days.

If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information please visit: https://coronavirus.health.ny.gov/home

U.S. Food and Drug Administration-approved vaccines to fight COVID-19 can’t come fast enough for Paul Pettit, public health director for Genesee and Orleans counties, who is worried that the two local counties are about to move into deeper levels of New York State-mandated restrictions.

“I believe we’re probably on the verge of potentially going Yellow,” Pettit said today during a Zoom videoconference for business owners and managers set up by the county Chamber of Commerce.

About 50 people logged in to the session, which lasted 45 minutes.

Pettit said the data and metrics of the state’s micro-cluster program featuring color-coded zones point to Genesee and Orleans at least going into the Yellow zone, and possibly to Orange.

“We’re not quite there yet that we know of,” he said. “The data and the metrics of how this is made up – I’m not saying it is secretive – but really the state is the one that is tracking all of this. It is driven by zip code and census tract and it’s based on the positivity rate within those census tracts and those zip codes.”

He said there are some areas in the City and Town of Batavia that are “probably getting close, potentially triggering that level, so we are monitoring that closely.”

Pettit went over the micro-cluster scheme, noting that the Finger Lakes Region control room, which the two counties are part of, is supposed to give the health department advance warning if the region will be placed into the Yellow category.

“We have not gotten that call yet, so I’m hopeful that means that we’re not going to be going Yellow next week. We’re still waiting to hear,” he said.

In Genesee County, designated a Tier 3 county by the state, it will be placed into the Yellow Zone if the geographic area has seven-day rolling average positivity above 3.5 percent for 10 days and the geographic area has 15 or more new daily cases per 100,000 residents on seven-day average.

It will go to Orange if it has a seven-day rolling average positivity above 4.5 percent for 10 days and has 15 or more new daily cases per 100,000 residents on seven-day average.

And it will move into Red if it has a seven-day rolling average positivity above 5.5 percent for 10 days and has 15 or more new daily cases per 100,000 residents on seven-day average.

The criteria are similar for Orleans County, a Tier 4 county.

“I think we’re getting close to this. Our raw numbers definitely put us above three-and-a-half in Genesee (3.9 percent) and for Orleans, it’s 4 percent for Yellow and we’re definitely above that,” Pettit said. “From the numbers, we may even be in jeopardy of going into the Orange level.”

Increased spread of the coronavirus will result in more restrictions to businesses, mass gatherings, places of worship, dining establishments and schools, Pettit said, and could mean reverting to lockdown measures implemented at the outset of the pandemic in the spring.

But, there is hope, Pettit said, in the news that a vaccine is around the corner.

“That’s a big positive that we’re finally moving toward. We’re getting to the point now (where) two manufacturers (Pfizer and Moderna) that have basically completed their Phase 3 trials and have published their findings … both of those seem very promising,” he said.

“They’re both reporting over 95-percent efficacy, so that’s a great number that actually rivals some of our long-term, other standard immunizations for measles, mumps, rubella. Those are around 97- to 98-percent effective.”

Pettit said that once the companies receive emergency use authorization from the FDA they will be “pumping out … 20 million doses by the end of the year from each one, and they’re going to keep ramping them up.”

He also indicated that other manufacturers are developing vaccines, and more will be available after the first of the year.

“That’s really what we have been waiting for … so we can start getting our folks protected and moving beyond these restrictions,” he said.

Pettit said the local health department has a mass vaccination plan in place that mirrors the state’s in that the first phase will target people at the highest risk – nursing homes, vulnerable populations, health care workers – and that later phases will provide immunization to those with underlying conditions and the general public.

He spoke of “closed pods” – giving the vaccine in doses of 500 to 600, for example, at nursing homes, senior facilities and health care systems.

“Once that starts opening up, obviously, we will be utilizing our community partners – pharmacies, health care providers, us (health department) conducting public clinics – trying to get this vaccine out as quickly as we can to the public,” he said.

Pettit said businesses could be included in this process and asked owners of larger companies to let him know if they are interested in holding a “closed pod.”

The public health director’s comments on related areas:

Shout-out to the Business Community

“We know that it has been a long nine months and it doesn’t seem to be getting much better. We’re entering a new phase here, so to speak, and things seem to be getting a little more active, and we have our new micro-cluster strategy that the governor has put out there,” he said.

“Overall, you guys have done a great job. While we looked at the type of case contacting in businesses over the last five, seven, eight, nine months, it really does show that you guys have taken this seriously. You guys have put together very solid and appropriate COVID plans. I know that it has not been easy. A lot of you have struggled through this – financially and trying to stay open and delivering the services in a safe and effective way.”

He said his department is advocating on their behalf.

“We’re well aware that the governor is calling the shots on these different strategies and how he’s putting restrictions in place, but we do advocate – we try to push back locally through our state association on things that don’t make sense. Why are we doing this or why do we have to have these types of restrictions?”

Providing Current COVID Numbers

“Obviously, our numbers have been increasing significantly, locally, and we continue to share those on a daily basis,” he said. “In Genesee County, we’re averaging close to 20 cases per day.”

Pettit said there were 281 positive cases in the county on Sept. 1; 311 on Oct. 1; 375 on Nov. 1; and 635 as of yesterday.

“From October 1^st to now we’ve doubled our positive cases, and from November 1^st – less than three weeks -- we have over 250 cases in Genesee County alone,” he said. “Orleans’ data tracks very similarly – a little less, but proportionately about the same.”

In Genesee County, almost 700 people are in mandatory quarantine with over 130 active cases – the highest numbers since the pandemic took hold.

“With that, our cases and our case investigations are identifying 10, 15, 20, 25 exposures per positive case, which is really driving a lot of these quarantine numbers,” he reported.

Driven by Two Types of Situations

-- Social gatherings, such as parties, birthday parties, gatherings after Halloween, based on actual data.

“Social distancing, masking is not being adhered to on the private side of life,” Pettit said. “You guys on the business side have to follow your safety plans and are required to make sure people wear masks when they come into the store, employees are masked and social distanced, but that’s not the case, obviously, when some folks go home or are having gatherings.”

-- Workplace exposures, primarily driven by employees working symptomatic.

“It’s difficult this time of year when we’re in our traditional flu season and other types of colds and viruses are circulating – everybody has sniffles and a little scratchy throat, but unfortunately, these are all COVID symptoms,” he said. “What we’ve been seeing over the past month and a half is related to workers coming to work and having mild symptoms, but they work anyways, and depending on the practice in the work environment around masking and distancing, it has led toward fairly significant transition and spread between coworkers. They take it home to their families, share it with their loved ones and there goes the cycle.”

Pettit mentioned the latest restrictions mandating bars, restaurants, gyms and bowling centers to close at 10 p.m. and the “controversial” decision to limit private gatherings to 10 or less.

“Obviously, that’s (the 10 person limit) is impossible to enforce and there is no local push for that. It’s more educational on our side … encouraging folks to think about their exposure and risk,” he said.

Data from the Finger Lakes Region

Pettit reported that in the Finger Lakes Region, which includes Monroe County, the seven-day rolling average is 343 positive cases. In Genesee County, the seven-day rolling average is hovering around 5 percent and in Orleans County, it is more than 6 percent.

The hospitalization rate has jumped from .6 per 100,000 in October to 2.35 per 100,000 now, a cause for concern as flu season approaches, he said, adding that more and more testing is being done each week.

The average age of a person testing positive in the region is 39, with 1 percent of the population reporting COVID-like symptoms on a daily basis. In schools, there have been 604 positive cases involving students and 279 involving teachers.

Options for Those to Get Tested

Pettit talked about traveling out of state and the testing that needs to be done upon return, but said many are hampered due to a shortage of testing sites and the likelihood that these optional test won’t be covered by insurance.

“Testing continues to be limited in Genesee and Orleans counties,” he said. “Sen. (Charles) Schumer was out yesterday (in Medina) talking about rural testing and trying to increase capacity for all rural counties. Bottom line, it still is symptomatic testing. We are working on partnering with UMMC and Oak Orchard Health to try to increase rapid testing in our communities, but we don’t have a lot of access to the test kits.”

He said free testing sites run by the state are at Monroe Community College, Niagara County Community College and at the Buffalo Sabres’ parking lot in Downtown Buffalo. They are open seven days a week and appointments are required.

“I encourage folks to utilize that as needed especially for travel-related or screening -- for maybe going to a nursing home to visit a loved one or (to go to) school, whatever the need may be,” he said.

For more information, go to https://forward.ny.gov/

Daquan J. Butler, 24, of Kosciuskio Street, Brooklyn, is charged with: harassment; endangering the welfare of a child; and fourth-degree menacing. At 2:26 p.m. on Nov. 13, Butler was arrested by Batavia Police Officer Peter Post after a domestic incident at a motel on Oak Street in the City of Batavia. Butler allegedly damaged a hotel door during the incident, then kicked a woman while in the presence of children. He was issued an appearance ticket and is due in City of Batavia Court on Dec. 1.

Kyle Douglas Clark, 30, of Fletcher Street, Tonawanda, is charged with second degree harassment -- physical contact. It is alleged that at 1:30 a.m. on Nov. 15 at a hotel on Park Road in Batavia that Clark pushed a staff member during an altercation. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Ridge A. Bono, 29, of Williams Street, Batavia, is charged with obstructing emergency medical services. On Nov. 17, following an medical emergency at 10:40 p.m. Nov. 16 on West Main Street in Batavia, Bono was arrested on the charge. He was issued an appearance ticket to be in Batavia City Court on Dec. 15. The case was handled by Batavia Police Officer Jonathan Dimmig, assisted by Sgt. Andrew Hale

Randy K. Wilmet, 43, of Debra Lane, Buffalo, is charged with third-degree menacing. Wilmet was arrested at 10:58 a.m. on Nov. 12 after a report of a disturbance on East Main Street in Batavia. Wilmet was issued an appearance ticket and is due in Batavia City Court on Dec. 1. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Floyd Spencer Connolly, 32, of Broadway Road, Bethany, is charged with trespass. Connolly was arrested at 3:08 p.m. on Nov. 12 on East Main Street in Batavia after a disturbance was reported. He was given an appearance ticket and is due in Batavia City Court Dec. 1. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Woodrow C. Horseman, 44, of West Main Street Road, Batavia, is charged with trespass. Horseman was arrested at  3:08 p.m. on Nov. 12 on East Main Street in Batavia after a disturbance was reported. He was given an appearance ticket and is due in Batavia City Court Dec. 1. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

The second driver involved in a head-on collision on Route 19 in Bergen yesterday afternoon has died.

Gary C. Beehler, 82, succumbed to his injuries, the Sheriff's Office reported this morning.

Beehler's 2007 Chrysler Town & Country minivan was struck by a 2014 Toyota RAV4 driven by Caroline F. Bianchi, 74, of Bergen. Bianchi was pronounced dead at the scene.

Previously: Bergen woman dies in collision on Route 19

In what one county legislator called a “career project,” a plan to upgrade the firing range on State Street Road in the Town of Batavia finally has a target date in its sights.

The Genesee County Legislature’s Ways & Means Committee on Wednesday approved a resolution to transfer $11,514.63 from the Emergency Management Services training ground project to the Firing Range Upgrades Project, with the money to be used to build a shed for range users to reload their guns and for storage.

The full legislature will consider the measure on Monday.

“This project has been languishing a little bit over the years and now, as it is finalized, hopefully will provide the funds for us to move the firing range from right next to the fire training center out into the new ‘bowl’ – as I refer to it – a huge berm,” County Manager Matt Landers reported to the committee.

Landers said the primary use of the aforementioned funds is to put up a “Duro Shed-type facility where the individuals who are shooting can have something to get out of the weather and the elements, with some light when it’s dark out, and to reload their ammo and everything they need to do to shoot their gun.”

Noting that this has been in the works for about 15 years, Landers said the shed is expected to be built next spring inside the berm – closing out phase one of the project.

He said that the county’s Emergency Management department is pleased by this development as “no more shots will be fired so close to its building, which has been a concern of theirs for all this time.”

Phase two calls for erecting a more permanent structure for classroom training, potentially in 2022.

“We will evaluate phase two in the next year or so to see if we have the resources to do that,” Landers said.

Gary Maha, former Genesee County sheriff and current legislator, called it a “career project, for sure,” and said it was his understanding that the new range will allow law enforcement personnel the ability to qualify with their rifles.

“Now they can’t because the current range is not long enough,” he said, adding that shooters have to go to other places for qualification purposes.

Landers agreed, citing a resolution from 1984 that stipulates what types of firearms can be used at the location.

“There will be another resolution in the future that will allow us to use the rifle at that range. Currently, the resolution on the books excludes us from using a rifle,” he said.

The county manager credited Highway Superintendent Tim Hens and his crew for crafting an impressive range.

“The berms are all the way around it – 20-plus feet high and thick -- to allow for stray bullets to go into the berms,” he said. “It’s a very safe shooting range, but it takes time because you have to build up all of that dirt. So, they have been using fill for the past two years from different projects that have leftover dirt, transporting it and piling it up. And once it’s piled up, you have to seed it.”

Hens confirmed that the berms are 20 feet high and 60 feet wide at the base, with the range distance at 150 yards long inside the bowl and about 50 yards wide.

Photo: Overhead view of the layout on State Street Road, courtesy of Genesee County Emergency Management Services.

A 74-year-old woman from Bergen, Caroline F. Bianchi, died this afternoon following a two-car collision on Route 19 near Creamery Road.

Another person was seriously injured.

The preliminary investigation by the Sheriff's Office indicates that Bianchi was southbound on Route 19 in a 2014 Toyota RAV4 when it traveled over the centerline of North Lake Road and struck a 2007 Chrysler Town & Country minivan driven by Gary C. Beehler, 82, of Hamlin.

The vehicles collided head-on in the northbound lane.

Beehler was transported by Mercy Flight to Strong Memorial Hospital with serious physical injuries.

Bianchi was pronounced dead at the scene by Coroner Tom Douglas.

Investigators have yet to determine why Bianchi's vehicle failed to maintain its lane of travel. 

The accident is being investigated by Deputy Andrew Mullen, Deputy Jordan Alejandro, Investigator Chad Minuto and members of the Crash Management Team including Sgt. Jason Saile and Deputy Kyle Krzemien. Assisting at the scene were the Town of Bergen Fire Department, Churchville Fire, Mercy EMS, and State Police.

Previously: Accident with entrapment reported on North Lake Road, Bergen

Press release:

New Positives – As of 2 p.m. 

• Genesee County received 20 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Elba, Le Roy, Pembroke and Stafford. 
  • Four of the new positive individuals are residents at The Grand Rehabilitation and Nursing at Batavia.
  • The individuals are in their 0-19s, 20s, 40s, 50s, 60s, 70s, 80s and 90s.
  • None of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-six of the previous positive individuals have recovered and have been removed from the isolation list.
  • Eight of the current positive individuals are hospitalized.

• Orleans County received three new positive cases of COVID-19.
• The new positive cases reside in Albion and Barre.
• The individuals are in their 0-19s, 40s and 50s.
• None of the individuals were on mandatory quarantine prior to testing positive.
• Four of the previous positive individuals have recovered and have been removed from the isolation list.
• Three of the current positive individuals are hospitalized.
• "We are saddened to report that one of our county residents who had tested positive for COVID-19 (over 65 years of age) who lived in the community, has passed away. Due to privacy issues, we are not releasing further details about this individual. We would like to express our sincerest sympathy for this individual’s family and friends.”

A community survey conducted by the Le Roy Police Department came back with some pretty high marks in terms of “overall satisfaction.”

The village police force received an average grade of 8.5 out of 10 in response to the question, “How would you rate your overall satisfaction with the Le Roy Police Department? (1 star being poor and 10 stars being exceptional).”

The survey was conducted in conjunction with the department’s Police Reform and Reinvention Collaborative, the 15-member committee formed in compliance with Gov. Andrew Cuomo’s Executive Order No. 203 on policing policy and procedure improvements.

It was available for village residents and nonresidents over a three-week period, ending on Nov. 13, and was posted on the department’s Facebook page, Town of Le Roy website, and digital edition of the Le Roy Penny Saver.

“Our goal was to receive between 75 and 100 responses and we were pleased to get back 105,” Police Chief Chris Hayward said. “While most may consider the response rate low, they did provide some valuable feedback for us going forward.”

Stating that “overall, we were happy with the results,” Hayward mentioned a new foot patrol program that took hold after initial negativity.

“During the early stages of (the COVID-19) lockdown last spring, I instituted a foot patrol in residential neighborhoods and after some early concern from residents – asking ‘why are the police walking around near my house?’ -- the program was very well received and there were multiple responses from people wanting to see us continue that program,” he said.

About 66 percent of the respondents said they live in the village, with 9.5 percent stating that they own a business in the village.

Ninety-eight percent identified themselves as white or Caucasian and 53 percent said they were females. Thirty-one percent were in the 55-64 age range, with 21 percent in the 45-54 group and 17 percent in the 25-34 group.

Some highlights of the survey are as follows:

• Sixty-two percent of the respondents said they “strongly agree” and another 29.5 percent said they “agree” that the Le Roy Police Department is visible to the public;

• Eighty-three percent said they either “strongly agree” or “agree” that Le Roy police officers act professionally in carrying out their duties;

• The department received an overall rating of 8.38 stars out of 10 for “competency” and 85 percent of the respondents “strongly agreed” or “agreed” that its officers were approachable for any and all related police and community services;

• Fifty-five percent said they feel “very safe” and another 31 percent said they feel “safe” walking in the village at night;

• Twenty-six percent responded that drugs and drug-related issues are the greatest public safety threat in the village, followed by traffic-related issues at 16 percent and politics/government at 11 percent;

• Quick response times, community engagement, professional approach and high visibility were what respondents “liked best” about the department. As far as what needs to be improved, most did not offer a suggestion, but of those who did, officer retention and more officers were the top priorities;

• Eighty percent responded that the department conducts its services in an unbiased and nondiscriminatory manner.

Batavia City School District Superintendent Anibal Soler Jr. today said that multiple factors came into play in his decision to restrict instruction next Monday and Tuesday to 100-percent virtual remote learning days for all students, except those who attend classes at the Genesee Valley BOCES campus on State Street.

“It’s a combination of things,” Soler said. “Erie County went 'Orange' (a COVID-19 level, which is part of Gov. Cuomo’s micro-cluster zone structure) and so a lot of our employees live in Erie County, which sometimes impacts our ability to get quality substitutes, and it impacts our ability to get substitute teachers in general as there has been a shortage of substitute teachers.”

Soler said several students and staff members are finishing their days in quarantine, “so that also impacts us from having some in-person. We also have a growing number of cases in the region and in the county, so that was another variable that I looked at as well.”

And there’s the close contact piece, even if you’re not infected, he said.

“If you’re exposed to somebody for 60 minutes … you get deemed as close contact and you have to quarantine,” he explained. “And then we just have anybody who just feels ill – a headache, or sniffles or don’t feel well and can’t come into work; just regular absences.”

He said considering all of that, leadership determined to have no students in any of the district building on the two days prior to Thanksgiving.

“Hopefully, this will allow kids and families to have a good holiday without having more kids in quarantine or more positive cases coming up,” he said. “It’s just preventative. We’re still having remote instruction, and our kids are used to that model since they’re in that model every other day – with the hope that we go back to normal on the 30^th.

A letter to district families concerning this change can be found on the school’s website.

"The justice position alllows me to continue to serve in a different capacity. It's something that I've always wanted to do at some point ... but the opportunity arose and it just seemed to make sense now," he said.

"From the legal perspective, I'm going to start an intense training program for the things that I don't know. But I think, more importantly, for this position, it's more about sound judgment and the right attitude than it is legal proceeding knowledge. There is plenty of assistance and support out there, I would guess that every town judge in the state -- 99 percent of them -- is not a lawyer, so they have a good program to train you and help you understand, procedurally, how to do things."

Young said he is looking forward to a new challenge, adding that he is confident that someone will be able to step into the legislative role.

"I'm really proud of the service that I have provided (as a legislator)," he said. "One thing is sure, my heart was in it, and was passionate about my opinions of how things should go."

--------------------

Andrew Young is stepping down from the Genesee County Legislature to accept the Batavia Town justice position.

The Batavia Town Board, at its meeting on Wednesday night via Zoom videoconferencing, passed a resolution appointing Young, 51, to the bench as a result of the resignation of current Town Justice Michael Cleveland, effective Nov. 27.

Young’s term will run through Dec. 31, 2021. The annual salary is $28,000.

The town board also passed a related resolution that adds Young’s name and new title to the document, “Town of Batavia Official Undertaking of Municipal Officers.”

Young has yet to respond to a telephone call and emails from The Batavian, which received the following notice from Assemblyman Steven Hawley last night about the vacancy*:

Individuals interested in possible Republican endorsement to fill upcoming vacancy on Genesee County Legislature, District 4, Towns of Batavia & Stafford should submit letter of interest & resume to: shawley@smhawley.com & staffordny.gop@gmail.com. No later than 11/28 @ 5 p.m.

Legislature Chair Rochelle Stein, contacted by telephone, said she respected Young’s work as the representative of the towns of Batavia and Stafford. Young also is the chair of the Public Service Committee and is the legislative liaison to the Genesee County Economic Development Center.

“I am grateful for the opportunity to have worked with him and to know him,” Stein said. “His viewpoints as he served as a legislator, I truly valued. I am happy to consider him a friend due to serving in local government, and I wish him all the luck.”

Stein, who said that she expects that the legislature will be receiving a resignation letter from Young in the coming days, said that Young “demonstrated a leadership that will be missed.”

Young, owner of Reliant Real Estate in Batavia and a real property owner/manager, has served on the governing body since Jan. 1, 2014. His current term runs through Dec. 31, 2024.

Previously, he was co-owner of Pakhound Parcel Logistics and P.W. Minor Shoe Factory.

*Editor's note: We posted Hawley's solicitation solely for Town of Batavia Justice applicants on Nov. 3:

GOP candidates wanted to serve as Justice of Town of Batavia Court, Cleveland resigns

Some late changes to the 2021 Genesee County budget require using a bit more of the municipality’s fund balance, but they won’t affect the property tax levy or tax rate, County Manager Matt Landers said this afternoon.

The county legislature’s Ways & Means Committee forwarded resolutions to both amend and adopt the $143,204,679 All Funds spending plan and to finalize the tax levy at its next full meeting on Nov. 23.

Per the resolution, the budget as presented and amended calls for $31,451,727 to be raised by property taxes – an increase of $400,069 from 2020 – and a tax rate of $9.80 per thousand of assessed value.

Landers said that $2,407,767 is being appropriated from the fund balance to help get the tax rate to that figure, which is 31 cents less than the 2020 tax rate. The fund balance amount is $607,732 more than what was allocated in 2020.

The county’s General Fund budget figure is at $110,276,137.

Landers mentioned the major changes to the budget, which were implemented after a final review by management and departmental leaders.

“Most of the budget changes are due to a recent contract settlement with our AFSCME (American Federation of State, County and Municipal Employees, AFL–CIO) union, which represents the highway and facilities management employees,” he said. “My proposed budget had the costs sitting in the contingency account, but since we settled the contract we are going to move the funds into the appropriate departmental lines.”

Landers said that some costs in the mental health budget were under-budgeted as officials attempted to gauge the decrease in reimbursements from New York State. Additionally, changes were made on both the revenue and expense side in the public defender’s office in light of the county’s five-year plan.

“We are utilizing additional fund balance in the 2021 budget to cover this. The changes don’t impact the tax levy or the tax rate at all,” he reported.

Ways & Means Committee Chair Marianne Clattenburg thanked Landers and his team for conducting “a very smooth budget process considering the times that we’re in.”

“I appreciate the give-and-take from everyone and I think we did a good job with this budget,” she said.

The committee also set a public hearing for 5:30 p.m. Dec. 9 on a local law to approve the salaries of county officers who are elected or appointed for a fix term in accordance with a section of the Municipal Home Rule Law.

The salaries of these officers, which will take effect Jan. 1, are as follows:

• Commissioner of Elections (2) -- $49,761;
• Highway Superintendent -- $115,110;
• Director of Real Property Tax Services -- $66,385;
• Director of Human Resources -- $80,050;
• Commissioner of Social Services -- $89,319;
• Public Defender -- $103,453;
• County Attorney -- $127,845;
• County Clerk -- $97,862.

In another development, the committee reappointed Richard Siebert of Stafford as Genesee County Republican Election Commissioner for a three-year term, effective Jan. 1.

Legislators commended Siebert, Democratic Election Commissioner Lorie Longhany and all those who worked during the recent election for a job well done as they dealt with several changes to the system while adhering to COVID-19 guidelines.

Press release:

New Positives – As of 2 p.m. 

• Genesee County received 17 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Darien, Elba, Le Roy and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
  • None of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of (all) positive individuals are hospitalized.

• Orleans County received nine new positive cases of COVID-19.
• The new positive cases reside in Barre, Carlton, Clarendon, Murray and Ridgeway.
• The individuals are in their 0-19s, 40s, 50s and 60s.
• Three of the individuals were on mandatory quarantine prior to testing positive.
• Six of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the positive individuals are hospitalized.

******************************************************************************************************************************************************************

Restrictions Currently in Effect (as of Nov. 13)

Bars, restaurants and gyms, as well as any State Liquor Authority-licensed establishment, must close in-person service from 10 p.m. to 5 a.m. daily.

• Indoor and outdoor gatherings at private residences will be limited to no more than 10 people. 

Faith-based Organizations

Consider continuing or reinstating remote worship due to increased numbers of positive COVID-19 cases to protect your more vulnerable population.

For those who are at risk of complications for COVID-19 or the flu, consider to connect with your house of worship remotely to lessen the risk of contracting COVID-19 or the flu.

If you are sick or experiencing new symptoms, STAY HOME and worship remotely. Don’t share your germs with others.

Time-Distance-Masks-Hands!

In order to limit the spread of COVID-19 you need to rethink any upcoming gatherings. The more time you spend with nonhousehold members, the more at risk of spreading the virus and putting our counties in a micro-cluster which will increase restrictions. Even small gatherings have the potential to have an impact on our hospital systems as we are seeing an increase in hospital admissions and ICU admissions. Limit time with nonhousehold members…Keep at least 6 feet or more…Properly wear a mask/face covering over your nose and mouth…and Wash your hands frequently with soap and water or 60-percent alcohol hand sanitizer, as well as sanitizing frequently touched surfaces/items.

Gathering Size

According to Governor Cuomo’s Executive Order 202.45, all nonessential gatherings of up to 50 individuals of any size for any reason at venues (celebrations, weddings, or other social events at public facilities or private venues) unless otherwise designated (ex. religious gatherings), are now allowed for those regions in Phase 4.

So long as appropriate social distancing, wearing cloth masks/face coverings over their mouth and nose, and cleaning and disinfection protocol requirements are followed. With the recent uptick of individuals testing positive and the stricter guidance placed by the Governor, it is important to remember that those who plan and host nonessential gatherings (whether at a venue or a private residence) as noted above, can be fined up to $15,000, and/or cause our counties to be considered a micro-cluster which will place the area under stricter restrictions.

Micro-clusters: The initiative will take the most significant action within the cluster (Red Zone), moderate action in the area surrounding the cluster to stop the spread (Orange Zone), and precautionary action in the outlying communities (Yellow Zone). To learn more about the Cluster Action Initiative go to https://forward.ny.gov/ny-forward.

Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.

Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.

Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class  E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.

Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.

Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.

Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.

Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.

Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.

Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.

Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Richard A. Dekenipp is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.

Neither Sheriff William Sheron nor Batavia Police Chief Shawn Heubusch intends to have their officers knocking on doors of private residences to see if people are violating a Gov. Andrew Cuomo executive order that prohibits gatherings of 10 or more people.

They both do, however, expect people to be reasonable and responsible and avoid large gatherings in response to the uptick of COVID-19 cases locally.

Cuomo's order, in advance of Thanksgiving, a traditional time for extended families to gather together to celebrate the holiday, has drawn criticism throughout the state.

Both Sheron and Heubusch cited the constitutional prohibition against unreasonable searches.

Heubusch said city police officers will respond to complaint calls as normal and conduct any interaction within the requirements of local, state and federal laws.

Sheron was more openly critical of the governor's order, questioning its constitutionality and suggesting Cuomo would better serve the people of New York by encouraging residents to be cautious and use good judgment.

Sheron's statement:

We are not encouraging people to have large gatherings in their homes. I want citizens to use their own best judgment and remain safe. We do not have the resources, nor the inclination, to peep into private residences to see how many people are at the dinner table.

The Executive Order raises serious Constitutional questions. Serious issues about the right of people to privacy in their homes, the right to be free from warrantless searches, the right to assemble, the right to freedom of religious practice, the right to equal treatment under the law, and the right to have criminal conduct clearly defined by law are all implicated by the Governor’s Executive Order.

I think that, rather than issuing orders, which are, at best, impossible to enforce, and, at worst, unconstitutional, the Governor would serve the People of New York better if he used his bully pulpit, not to do more bullying, but rather to encourage our citizens to be cautious, use good judgment in weighing risk factors, protect the vulnerable, and enjoy our families and our great gathering traditions only in ways that are safe until we can get back to normal. 

Heubusch's statement:

The City of Batavia and the Batavia Police Department want to remind the public that we are currently living through a global health crisis and ask everyone to do their part to help stop the spread of COVID-19. That includes celebrating responsibly with family and friends during this holiday season. We are confident that the residents of the City of Batavia will do your part to keep you, your family and your neighbors safe. The Executive order does not alter any Federal or State laws with reference to search and seizure restrictions, therefore the Police Department will respond to call for service as we have in the past and execute our duties within the bounds of Federal, State, and Local laws. The City Police Department will continue to respond for calls for service in the normal course of business to keep our families and residents safe.

Michael S. Tomaszewski, already facing multiple felony charges for allegedly misappropriating money from customers, has now officially been accused of mishandling the remains of an Army veteran in 2018.

Tomaszewski has been charged with offering a false instrument for filing and also of violation of Public Health Law 4200 for allegedly not burying a dead person's body within a reasonable period of time.

Peter Vandetta, a 20-year Army veteran, died in April 2018. Coroner Jeff McIntire fielded a complaint from the estranged stepdaughter of Vandetta in January 2019 about the whereabouts of Vandetta's remains.

The Sheriff's Office then became involved in the investigation.

It's alleged that Tomaszewski stored the body for 264 days at his facility on West Main Street, Batavia, from April 2018 to January 2019.

Tomaszewski also filed a death certificate indicating the body was buried at a specific cemetery on a specific date. It's alleged that information was not truthful. 

The Sheriff's Office said in a release today that Vandetta's remains did subsequently receive a proper burial.

Tomaszewski was issued an appearance ticket for both charges. He is scheduled to appear on the charges in Town of Batavia Court on Dec. 3 and Town of Oakfield Court on Dec. 7.

In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. He faces more than 100 criminal charges.

Tomaszewski and his company Acme Holdings are in the midst of federal bankruptcy proceedings and his former funeral home property and catering facility are for sale.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

The City of Batavia Planning & Development Committee on Tuesday night saw no problem with a change in the location of an elevator that will lead to second-floor apartments of the Ellicott Place project.

V.J. Gautieri Constructors Inc., which is rehabilitating the Save-A-Lot building as part of the state’s Downtown Revitalization Initiative program, submitted a site plan review to the committee that modifies the previously approved design of the second floor by moving the elevator originally planned for the interior of the existing building to a location on the exterior wall of the north elevation.

Company President Victor Gautieri, in his submission to the committee, said the basis for the change was “to develop a more easily accessible, safe entry for the second-floor apartment tenants, wherein the travel distance and corridor turns to the first-floor elevator access point would both be reduced to a more desirable condition.”

Work is underway on the $2.3 million renovation of the exterior of the building and the vacant space that will include 10 market rate apartments on the second floor.

Plans call for the construction of seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor, and includes the development of 18,000 square feet of first-floor commercial/retail space.

The PDC also recommended that the City Zoning Board of Appeals approve an area variance request for internal illumination of the proposed Save-A-Lot signs – four signs that will feature the grocer’s new logo. Signs by John’s Studio has been contracted to create the signs.

The ZBA meeting is scheduled for 6 p.m. Thursday.