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Video: Waste Management truck strikes bridge in Le Roy, natural gas tanks explode

By Howard B. Owens
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A driver of a Waste Management truck that police believe was 13' 6" high, including its natural gas fuel tanks atop its waste bin, tried passing under a train bridge over Mill Street in Le Roy this afternoon.

The problem: the bridge is only 12' 6" high.

Two of the tanks atop the truck carrying compressed natural gas, to fuel the truck, exploded. The other two were damaged and leaked off their contents.

Nobody was injured in the blast.

A witness said the driver managed to get out of the truck and run from the explosions while a tank spun in the street "like a top."

One of the tanks landed in two pieces in the Oatka Creek, more than 150 yards away.

Mill Street reopened after the roadway was cleared of debris. The bridge was damaged, with a large crack visible in the concrete buttress. An engineer for Rochester and Southern Railroad, owners of the track and bridge, is driving from Massachusetts tonight to inspect the damage and determine whether the bride is safe for trains to cross. In the meantime, the bridge is closed to train traffic.

NYS sheriffs call for legislature's and governor's support of proposals aimed at protection, ask for May 15 to be 'Police Memorial Day'

By Billie Owens

Press release:

In a series of coordinated press conferences today, New York State Sheriffs presented a number of legislative proposals aimed at protecting law-enforcement personnel and the public they serve.

These proposals were the result of weeks of conversations among Sheriffs about their concerns for the safety of their Deputies as a result of the atmosphere of disrespect for law enforcement being promoted or tolerated in so many quarters today.

The Sheriffs asked the State Legislature and the Governor to enact laws which would discourage harassment and physical attacks against the police and encourage compliance with the lawful orders of the police engaged in enforcing the criminal laws of New York. 

Additionally, Sheriffs encouraged the legislature to recognize and highlight the work done by law- enforcement personnel by providing a disability and death benefit for police officers seriously injured or killed in the line of duty and designating May 15 of each year as a state holiday -- Police Memorial Day -- to honor the 1,567 officers who have died in the line of duty in New York State.

Regional press events were held in Albany, Oneida, Ontario, Broome and Niagara counties.

The New York State Sheriffs’ Association Inc. is a not-for-profit corporation formed in 1934 to assist all 58 of New York’s sheriffs in serving and protecting the citizenry through member-supported training programs, accreditation, legislative advocacy, and public safety programs. Visit www.nysheriffs.org.

Sponsored Post: Another NEW listing: 12 Trumbull Pkwy, Batavia

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Everything has been touched in this home from roof to basement, it's really a just move in and live happily ever after kind of place! Call Lynn Bezon today at 585-344-HOME (4663) or click here for more information.

Residents of Alexander and Pembroke latest to test positive for COVID-19

By Howard B. Owens

Press release:

  • Genesee County received two new positive cases of COVID-19. for a total of 238 positive cases.
    • The positive individuals reside in Alexander and Pembroke.
    • One of the positive individuals is in their 20s and one is in their 40s.
    • The positive individuals were not on mandatory quarantine prior to testing positive.
    • One of the previous community positive cases has recovered and has been released from mandatory isolation.
    • Twenty-seven new individuals are on precautionary quarantine due to travel from restricted states. This number is accurate but due to a lag in receiving the report from the state system, these individuals may have reported in previous to today.
    • No individuals are hospitalized.
  • Orleans County received zero new positive case of COVID-19, maintaining a total of 269 positive cases.
    • One new individual is on precautionary quarantine due to travel from restricted states.
    • Five of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We are saddened to report that we received notification of a COVID-19 related death of one of our Orleans County residents. The individual was a resident of Orchard Rehabilitation & Nursing Center. Our sincere condolences to the family and friends of this individual during this very sad time.

Legislature's Ways & Means approves $1.1 million in payments to towns and villages

By Mike Pettinella

Update: 7:45 p.m. with comments from Rochelle Stein, County Legislature chair

The Genesee County Legislature’s Ways & Means Committee this afternoon approved $1.1 million in voluntary distributions to the county’s towns and villages.

The measure will now go to the full legislature for final approval at next Wednesday’s meeting at the Old County Courthouse.

According to the resolution, the payments are being made “in good faith” despite “the unprecedented financial constraints that Genesee County faces in determining a voluntary distribution.”

The amount of the payments, which are based upon taxable assessed valuation, are as follows:

  • Town of Alabama, $43,508.30;
  • Town of Alexander, $44,939.40;
  • Town of Batavia, $188,098.90;
  • Town of Bergen, $54,447.80;
  • Town of Bethany, $45,145.10;
  • Town of Byron, $52,228.00;
  • Town of Darien, $108,829.60;
  • Town of Elba, $40,630.70;
  • Town of Le Roy, $90,932.60;
  • Town of Oakfield, $33,621.50;
  • Town of Pavilion, $60,039.10;
  • Town of Pembroke, $110,027.50;
  • Town of Stafford, $69,514.50;
  • Village of Alexander, $8,102.60;
  • Village of Bergen, $20,825.20;
  • Village of Corfu, $14,765.30;
  • Village of Elba, $11,825.00;
  • Village of Le Roy, $79,856.70;
  • Village of Oakfield, $22,662.20.

"This proves that we are being true to our commitment that there is an intention to share when we gain information," Legislature Chair Rochelle Stein said. "We said that there are four things that we have to understand before we can send out any distribution, and we learned one of them -- sales tax and other revenue that has or hasn't been adjusted by the state. That is so important."

Stein said the total of $1.1 million is "a step in the right direction," especially in light of the fact that state aid for the county's mental health services, highway improvement fund and video lottery terminal revenue each were cut by 20 percent.

"We've asked the town and village leaders every Saturday to stick with us and have patience," she said. "We can make a better decision when we have facts. We are holding up to our word and we are doing what we can, when we can."

Stein, in late March, advised town and village leaders that the county couldn't abide by the current distributuion schedule due to COVID-19 and the state being "on pause," stating at the time that "the county would not be able to write checks that we could not cash.”

Action by the legislature to cancel distribution agreements from 2018 and 2019 caused quite a stir among leaders of the municipalities that also were facing serious budget problems.

Assistant County Manager L. Matthew Landers said the distribution is "an amount that the legislature feels is safe for the county to make and prudent for the county to make at this point in time, considering there are still a lot of unknowns."

Landers mentioned the uncertainty surrounding the four measurement points that Gov. Andrew Cuomo has put in place to possibly cut state aid, although two of them – April 30 and June 30 – have come and gone.

He said the board has continues to wait and see if another federal stimulus package will be passed, which would factor in concerning the amount and/or frequency of future distributions. 

Landers to Replace Gsell as County Manager

In other action, the committee recommended the appointment of Landers to replace Jay Gsell as the county manager, effective Aug. 15 – the day after Gsell’s scheduled retirement date following 27 years of service.

Landers, an Elba Central School graduate, has been employed by the county for 16 years, serving as Deputy Treasurer for 10 years before taking his current position.

He has a bachelor’s degree in Accounting and master’s degree in Public Administration from Brockport State College.

A longtime Kiwanis Club member, Landers, 43, and his wife, Melissa, reside in Batavia with their two children, Kaitlyn, 14, and Benjamin, 10. He is active as a girls' softball coach and league official.

His base salary is set at $120,000, plus longevity.

The full legislature also will vote on this resolution next Wednesday.

Bialkowski: City Council has responsibility to conduct professional search for a new manager

By Mike Pettinella

The Batavia City Council member who requested that the “process to hire a new city manager” item be placed on this past Monday’s meeting agenda says it is the board’s duty to invest the time and effort necessary to hire the right person for the job.

“I’m a firm believer that we owe it to the citizens of Batavia to do a search and find the most qualified person, and anyone that wants can submit an application. I think that’s important because if we don’t, then the innuendo and rumors will be flying,” Robert Bialkowski said by telephone on Tuesday.

Council discussed the matter for about nine minutes during its Conference Meeting at City Hall, exploring its options as it looks to find a permanent replacement for departed City Manager Martin Moore.

Assistant City Manager Rachael Tabelski has been serving at acting city manager since June 22, two days after the City and Moore severed their relationship.

Bialkowski said he put the topic on the agenda because “I wanted Council to make a decision – let’s move forward.”

He said he wasn’t pleased with the placement on the agenda, being that it wasn’t positioned as an item that would result in a resolution.

“If you look at the Conference agenda, it was under the Council president explaining the process,” he said. “I’m noticing some unusual things.”

The councilperson-at-large said the board should take advantage of a “warranty” offered by The Novak Consulting Group, the Cincinnati, Ohio-based firm that conducted the search that resulted in Moore’s hiring in August 2018.

“The company offered a full warranty if the manager either was terminated or left on his own accord within two years, and they will stand behind that warranty,” he stated. “You’re not going to find another company to do it any more reasonable."

When the subject came up during the meeting, Council Member Kathleen Briggs asked if a hiring freeze in effect would pertain to filling the position at this time.

After both Council President Eugene Jankowski and Tabelski said it was for part-time employees and didn’t apply to a vacancy, the former suggested contacting Novak to inform its leadership team of the City’s situation.

“Let’s see what kind of feedback we get from them and move forward,” Jankowski said. “It’s only been a few weeks but we don’t want to wait too long.”

At that point, Tabelski indicated that she is interested in the position.

That prompted Jankowski to mention some options – starting a new search and following it through or putting the matter on hold for a month. He then said more details would be discussed in executive session after the Aug. 10 meeting.

“I think we should reach out and see what our option is with that other agency first and once we have that information, we’d have more to decide,” he said.

Council Member John Canale concurred, adding that “most likely we will reach out to them at some point; so, kind of put them on notice.”

“I agree with Bob that it’s important to start the process and then we can, in executive session at some point, get together and start to talk about the candidates,” he said.

Jankowski, choosing his words carefully, then said there were three options.

“If you think about it there are only three options – you can do a whole search and hire somebody, keep what we have in place and make that offer or a combination of both … there’s only three choices there,” he said. “We need to know if that other option (Novak) is off the table for some reason – the company’s no longer in business or they don’t see it the way we see it – that would be an important thing to know.”

Bialkowski said he did an internet search on the company and found that it not only is still in business, but it has expanded.

“The contract we signed with them … the guarantee for this position is two years,” he said. “Should the selected candidate leave or be terminated from the position within two years of being hired, The Novak Consulting Group will conduct a new search for no professional recruiting fee.”

Jankowski said it behooved the board to find out what expenses the City may incur by conducting a new search.

“At a time when things are tight, I want to know exactly what kind of money we’re going to be talking here. … Let’s get some more information and bring in back for August,” he said.

He then asked Tabelski to contact Novak Consulting Group, and she, in turn, said she would assign Human Resources Specialist Dawn Fairbanks “to make those inquiries … so I would not have any knowledge of the process you may or may not entertain as you move forward, working with the city attorney.”

Bialkowski was known to be a supporter of Moore, and he acknowledged that he did vote “no” during the executive session that followed Council’s June 8th meeting. Less than two weeks later, Moore was gone.

Asked on Tuesday if he had hard feelings over Moore’s departure, he said, “I can’t comment on that because it was in executive session. But what I can comment on if you look at the minutes, I did vote “no.” (The vote was 8-1). That’s all I can say.”

Bialkowski then was asked why a vote was necessary if Moore had indeed resigned, which is what he had been quoted as saying in a story in a local newspaper.

“What do you want me to tell you? I know what you want me to tell you but you’re on a fishing trip with no bait,” he responded. “Everything else, we are bound by lawyer, attorney-client privilege in executive session."

He said that finding Moore's replacement is “totally impersonal.”

“I don’t care who applies,” he said. “I can only encourage people to apply.”

Trash truck and truck carrying natural gas tanks collide in Le Roy

By Billie Owens

A collision between a truck with CNG natural gas tanks on top of it and a trash truck occurred in Le Roy on Mill Street.

A tank ruptured but there is no fire. Wires are down. Le Roy Fire Department is on scene along with law enforcement. A railroad representative is contacted to inspect the railroad tracks and bridge, which initially was believed to have been struck.

Two tanks are intact on the ground, one exploded, according to command. There may be a couple more tanks in the cargo.

A hazmat team is asked by command to stand by in case needed. The street will be closed.

UPDATE 3:01 p.m.: Pavilion Fire Department is requested to send a tanker to fill in at the Le Roy Fire Department.

UPDATE 3:11 p.m.: A tanker from Bergen is requested to stand by at the scene. National Grid is on scene.

UPDATE 3:14 p.m.: This did not involve two vehicles. It involves a single trash truck that is powered with natural gas tanks. They are working to contain the fuel leak from the ruptured tank now.

Barn fire reported on Harper Road in Darien

By Billie Owens

A barn fire with a lot of smoke and some flames showing is reported in Darien at 9796 Harper Road. No people are believed to be inside the barn, but there are probably farm animals inside.

No propane tanks can be seen near the building, according to the caller to dispatch. The location is between Sumner and Richley roads.

Darien Fire Department is dispatched along with Mercy medics and mutual aid from Corfu and Alexander fire departments.

UPDATE 2:39 p.m.: According to a first responder on scene, the fire is contained to one bale of hay inside a small one-story metal shielded structure. The structure is not on fire and they are pulling out the bale of hay that is ablaze.

UPDATE 2:42 p.m.: Now the fire is going into the 30 by 50 foot structure and command says firefighters "should be able knock it down quickly" with a single line.

UPDATE 3:06 p.m.: The fire was extinguished about 10 minutes ago. No structural damage. The assignment will be back in service soon.

Play Everywhere Design Challenge seeks project ideas for play in public spaces

By Billie Owens

Press release:

Today, KABOOM!, the national nonprofit working to end playspace inequity for good, and the Built to Play Initiative, supported by the Ralph C. Wilson, Jr. Foundation, announced the launch of the Play Everywhere Design Challenge.

The Challenge, now in its third iteration, invites communities to submit creative design ideas that make it easier for families to incorporate play into everyday moments.

Selected projects will bring play into public spaces in unconventional ways – such as swings at bus stops or play zones at laundromats – in neighborhoods that have experienced significant disinvestment.

The “Play Me a Tune Garden” at GO ART! in Downtown Batavia that opened last October was made possible through a previous design challenge, which is sponsored by KaBoom! and the Ralph C. Wilson, Jr. Foundation. 

Applications are now open for community groups and public agencies to receive a total of $1 million to create unique play installations in everyday locations across Western New York and Southeast Michigan in order to address disparities in access to quality playspaces.

Interested groups can view full eligibility requirements and submit a brief Idea Form, the first step in the application process here. The deadline to submit an Idea Form is Sept. 11. Winning projects will be implemented over a 12-month period ending Jan. 31, 2022.

As communities begin the process of reopening following stay-at-home orders related to COVID-19, the need for flexible play options is more apparent now than ever before, especially because black and brown communities and low-wealth communities that have been hardest hit by the pandemic have often been overlooked when it comes to investment in critical community infrastructure like places to play.

Play Everywhere Design Challenge winners will be uniquely positioned to respond to shifting local needs and public health realities.

Communities can customize the design of their project to ensure they meet local guidelines, from location and materials to how kids interact with each installation. Activities like site activation events, installation procedures, and community engagement protocols are also highly adaptable.

Applicants will also have the unique opportunity to team up with design experts to support the development and potential execution of their concept. Applicants can partner with designers they already know or get matched up with an expert designer hand-selected by KABOOM!

The Built to Play Initiative answers a need identified through the Ralph C. Wilson Jr. Foundation's work with the Aspen Institute Sports & Society Program on each region's "State of Play" assessment, and through research conducted by KABOOM!. The research shows that while play is an essential factor in childhood development, there are far too many kids who lack opportunities for great, safe spaces to play – especially in neighborhoods facing economic hardship and the added trauma of the COVID-19 pandemic.

“Play Everywhere installations are so exciting because they bring the magic of the playground into everyday spaces where kids and families are already spending a lot of time,” said James Siegal, CEO of KABOOM! “These spaces are essential to help kids learn, connect and grow, especially in communities experiencing disinvestment. We thank the Ralph C. Wilson, Jr. Foundation for their partnership and support in ensuring every kid can access a great, safe place to play.”

According to the National Survey of Children’s Health, only 24 percent of youth ages 6 to 17 engage in at least 60 minutes of physical activity per day, down from 30 percent a decade earlier. The Challenge aims to address this need by sparking innovative playspaces that provide kids with equitable opportunities for active play.

“The way kids play, and ultimately, the way we engage as a community has changed,” said Jim Boyle, vice president of Programs and Communications at the Ralph C. Wilson, Jr. Foundation. “Now more than ever we have to find creative ways to keep youth active, engaged and safe, while following local guidelines.”

To date, the Challenge has awarded $2 million in grant dollars to 44 Community Partners across Southeast Michigan and Western New York.

About Built to Play
The Built to Play initiative aims to give kids in Western New York and Southeast Michigan more opportunities for unstructured, kid-driven free play. This need was identified in the regional "State of Play" reports conducted by the Aspen Institute and supported by the Ralph C. Wilson, Jr. Foundation, and through research conducted by both The Skatepark Project (formerly known as the Tony Hawk Foundation) and KABOOM!

In addition to the Play Everywhere Challenge, Built to Play is also funding Unique Playground Builds through KABOOM! and Community Skateparks through The Skatepark Project across both regions. Learn more about the Ralph C. Wilson, Jr. Foundation and these opportunities by visiting http://www.rwbuilttoplay.org/.

About KABOOM! 

KABOOM! is the national nonprofit that works to achieve playspace equity. Kids who don’t have access to play miss out on childhood and are denied critical opportunities to build physical, social and emotional health. And all too often, it more deeply affects communities of color.

So we amplify the power of communities to build inspiring playspaces that spark unlimited opportunities for every kid, everywhere. KABOOM! has teamed up with partners to build or improve 17,000+ playspaces, engage more than 1.5 million community members and bring joy to more than 11 million kids.

GCASA’s Recovery Station set to expand hours, resume activities with guidelines in place

By Mike Pettinella

Genesee/Orleans Council on Alcoholism and Substance Abuse employees are keeping their collective fingers crossed as they look to resume activities at Recovery Station, the agency’s social gathering and recreation place in the former Bohn’s Restaurant building on Clinton Street Road.

“Beginning next Monday (July 20), and as long as COVID-19 cases remain low and there are no other restrictions put in place by New York State, the center will start allowing up to 10 community members at a time into the building for a variety of recovery activities,” said Rosalie Mangino-Crandall, director of Project Innovation and Expansion.

The public schedule for the reopening week is 10 a.m. to noon, 1-5 p.m. and 6-8 p.m. on Monday, Thursday and Friday, and 3-5 p.m. and 6-8 p.m. on Tuesday. The center will be closed on Wednesday.

Mangino-Crandall advised residents to check the Recovery WOW program’s Facebook page at facebook.com/recoverywow for updates or call (585) 815-5248.

Recovery Station Coordinator Sue Gagne said that the following health- and safety-related guidelines will be in force for all visitors:

-- Be expected to wear masks at all times while on the property;
-- Adhere to the 6-foot social distancing rule;
-- Have their temperature taken immediately upon entry to the center building;
-- Be asked a series of COVID-19 screening questions;
-- Be asked to use hand sanitizer and/or wash hands immediately upon entry.

“We will also begin to add more structured activities in the coming weeks,” Gagne said, noting that staff will be disinfecting furniture, equipment, table games and all rooms frequently throughout the day.

Currently, GCASA officials have allowed one-to-one sessions with Recovery Station peer advocates at the location, in addition to opening the center to staff and residents of the Atwater House residential facility.

Extra precautions at all GCASA buildings and offices at the Batavia and Albion campuses are being taken, said Executive Director John Bennett.

“We are going the extra mile when it comes to safety of our patients and staff,” Bennett said. “Face coverings must be worn by employees when they are walking in the common areas, when working with patients and even when they are alone just in case they happen to meet someone. Whenever there are two or more people in a room, a mask is advised to keep each other safe.”

Elizabeth Riter, director of Corporate Compliance and Quality Assurance, said that in addition to wearing masks, all staff members are required to attest to having taken their temperatures and are asked to complete a standard Covid health screening as they enter each facility.

“Similar to the Recovery Station, the Batavia and Albion Outpatient Clinics are promoting good health practices as we welcome patients back on the grounds for face-to-face services,” she said.

Riter added that masks are provided to any staff or patients who may not have one or forget to bring theirs, and that temperatures of all patients who enter are taken immediately and they are asked to sanitize their hands.

“Unfortunately, friends and family who are not scheduled to be seen will have to wait outside in order to minimize contact in the waiting areas,” she advised. “All offices and common areas have been modified to promote socials distancing, while enhanced cleaning schedules have been instituted in all facilities.”

The same stringent standards apply to the agency’s residential programs, Riter said, adding that new admissions coming from medical facilities have essentially been quarantined and screened before being placed into GCASA’s program.

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

Disclosure: Story is written by Mike Pettinella, GCASA publicist.

Independent Living of the Genesee Region begins limited reopening today

By Billie Owens

Press release:

Independent Living of the Genesee Region begins limited reopening today.

In mid-March, human service agencies were among the many facilities that New York State required to close their doors to prevent people from gathering and thereby stem the spread of COVID-19.

While they have continued to serve people with disabilities by phone, email and the Internet, now that the State has entered Phase Four, the Batavia and Warsaw, New York offices of Independent Living of the Genesee Region have reopened on a limited basis, observing strict rules for everyone’s safety:

  • Consumers wishing to meet face-to-face with a service provider must first make an appointment, and complete a screening questionnaire over the phone, the day before the appointment. If they do not have face coverings to bring with them, inform the staff at this time, so one can be obtained (if available), or the appointment can be rescheduled for a date when they can bring one. If the staff member cannot be reached by phone, they should not come in, to avoid an unnecessary trip.
  • On arrival, if the answers to four short screening questions are acceptable, they are to use hand sanitizer or wash with soap and water and take a seat in the waiting area until a staff member escorts them to a private, sanitized meeting room. If the answers are not acceptable, they will be asked to reschedule and contact their medical provider.
  • Consumers are asked to maintain a six-foot social distance, and refrain from hugging, shaking hands, fist bumping or other physical contact.
  • On departure, consumers should, again, use hand sanitizer or wash with soap and water.
  • If a staff member fails to follow these protocols, consumers can alert the Human Resources Department or the staff person’s supervisor.

If you need your services provider’s phone number, you can call (585) 815-8501, and dial “9” to access the Dial-by-Name directory, or call the receptionist at (585) 815-8501, ext. 400, during business hours, 8:30 a.m. to 5 p.m.

In Batavia, the ILGR office is located at 319 W. Main St.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

LIVE: Ellicott Trail Ribbon Cutting

By Howard B. Owens
Video Sponsor
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USDA posts 2020 Dietary Guidelines Advisory Committee's final report

By Billie Owens

Press release:

WASHINGTON, July 15 – The U.S. Department of Agriculture (USDA) today posted the 2020 Dietary Guidelines Advisory Committee’s final scientific report, an objective review of the latest available science on specific nutrition topics.

The report’s evidence-based findings will inform USDA and the U.S. Department of Health and Human Services (HHS) as they co-develop the 2020-2025 Dietary Guidelines for Americans, which will provide recommendations on what to eat and drink to promote health and prevent chronic disease

“Science-based dietary guidance is critical to ensuring a healthy future for America,” said USDA Food, Nutrition, and Consumer Services Deputy Under Secretary Brandon Lipps. “USDA greatly appreciates the high-quality work done by this committee comprised of our nation’s leading scientists and dietary experts. We look forward to thoroughly reviewing the report and leveraging their scientific advice as we partner with HHS to develop the next edition of the Dietary Guidelines for Americans.”

USDA and HHS are accepting written public comments on the committee’s final report through Aug. 13, 2020. The public will also have an opportunity to provide oral comments on the scientific report to the departments at a public meeting on Aug. 11.

Background:

Moving into the next stage of development of the Dietary Guidelines for Americans, USDA and HHS will leverage the scientific advice in the committee’s report, as well as comments from the public and other federal agencies to develop the upcoming edition of the dietary guidelines. The departments plan to publish the 2020-2025 Dietary Guidelines for Americans by the end of this December.

Throughout the entire 2020-2025 dietary guidelines process, USDA and HHS have taken numerous steps to promote transparency, integrity and public involvement. Most recently, the advisory committee held a webinar – the first of its kind in the dietary guidelines process – to publicly present their draft conclusions. The committee considered all of these conclusions holistically to develop the report they provided USDA and HHS.

In another unprecedented step of transparency, the topics and questions the committee examined were made public prior to scientific review. These topics and questions were defined with input from the public and other federal agencies, and based on how well they informed dietary guidance for public health. Similar to prior committees, this committee addressed all of the topics and the majority of the scientific questions set forth for review. All of this information can be found in their scientific report document released today.

The committee’s work was informed by more than 62,000 public comments, a testament to USDA and HHS’s commitment to public involvement in the dietary guidelines process. For comparison, prior committees received an average of about 450 comments. To date, the public has had more than 18 months to provide comments to help shape the committee’s review and the forthcoming dietary guidelines.

In addition to co-developing the Dietary Guidelines for Americans, USDA’s Food and Nutrition Service (FNS) administers 15 nutrition assistance programs that leverage American’s agricultural abundance to ensure children and low-income individuals and families have nutritious food to eat.

Gov. Cuomo announces new COVID Rent Relief Program

By Billie Owens

Press release:

Governor Andrew M. Cuomo on Tuesday announced an emergency rental assistance program that will help keep low-income families throughout New York in their homes.

The program, which is designed to reach those individuals and families with the greatest need, will provide direct aid for tenants who lost income due to the COVID-19 pandemic. The program is funded through the Coronavirus Relief Fund, which is part of the CARES Act.

The program is administered by New York State Homes and Community Renewal and access to program applications will be available here on Thursday, July 16.

"Since day one we made it clear that no New Yorkers should be thrown on the streets because of hardships caused by this pandemic," Governor Cuomo said. "It's critically important that people are able to stay safely in their homes as we progress through our data-driven, phased reopening, and the COVID Rent Relief Program reinforces that commitment with direct assistance to those in the greatest need."

Senate Majority Leader Andrea Stewart-Cousins said, "Despite the progress we have made in fighting COVID-19, millions of New Yorkers are struggling because of this virus and the economic crisis. Providing direct aid to overburdened renters will help these New Yorkers stay in their homes and be able to make ends meet. I applaud Senator Brian Kavanagh for advancing this legislation, my Senate Democratic Majority for passing it, and Governor Cuomo for signing it into law. While this effort will offer some relief, we know that government needs to step up and provide more support during this difficult time. We are going to keep advancing meaningful legislation to help New Yorkers, and we need the federal government to work with us and provide the resources our state needs."

Assembly Speaker Carl Heastie said, "For many New Yorkers, the COVID-19 pandemic has made the challenges of securing affordable housing even greater. The Assembly Majority has fought tirelessly for years to keep New Yorkers in their homes and in the communities that they helped shape. With many New Yorkers still out of work, we still need assistance from the federal government to help states deal with significant fiscal challenges. We must do everything in our power to help New York families. This rental assistance program, while still not enough to meet the tremendous needs that exist, is a step forward to lifting a financial burden off of our most vulnerable families. We will continue to look to do more to help people remain in their homes during this unprecedented time."

Under the new program, eligible households will benefit from a one-time rental subsidy paid directly to landlords and housing providers. Tenants are not required to repay this assistance. 

To qualify for the program, applicants must meet all of the eligibility requirements: 

  • Must be a renter with a primary residence in New York State. 
  • Before March 1, 2020 and at the time of application, household income (including unemployment benefits) must be below 80 percent of the Area Median Income, adjusted for household size. Applicants can find the Area Median Income for their county, based on household size, on HCR's website here.
  • Before March 1, 2020 and at the time of application, the household must have been "rent burdened," which is defined as paying more than 30 percent of gross monthly income towards rent.
  • Applicants must have lost income during any period between April 1, 2020 and July 31, 2020.
  • The application period will be open for two weeks. Residents can apply any time during the two-week period. 

HCR will prioritize households with greatest economic and social need, accounting for income, rent burden, percent of income lost and risk of homelessness. The rental assistance payment will cover the difference between the household's rent burden on March 1, 2020 and the increase in rent burden during the period the household is applying for assistance. Households can apply for up to four months in rental assistance for the months of April through July. The program is open to households that rent apartments, single-family homes, manufactured homes and manufactured home lots. 

Households with at least one household member with U.S. Citizenship or eligible immigration status are qualified to receive the subsidy. Tenants currently receiving a Section 8 Housing Choice Voucher for housing costs or who reside in public housing are not eligible for RRP assistance.

The COVID Rent Relief Program builds upon Governor Cuomo's efforts to protect New York's renters during the coronavirus pandemic. This includes a statewide moratorium on COVID-related residential or commercial evictions; banning late payments or fees for missed rent payments during the eviction moratorium; and allowing renters facing financial hardship due to COVID-19 to use their security deposit as payment and repay their security deposit over time.

More information about the COVID Rent Relief Program, including Frequently Asked Questions, is available here.   

HCR Commissioner RuthAnne Visnauskas said, "Families and individuals who were already rent burdened, or living paycheck-to-paycheck, were particularly vulnerable to the sudden loss in income that resulted from the coronavirus pandemic. Governor Cuomo's immediate actions to protect New Yorkers against eviction and foreclosure provided much-needed security during an unimaginable health crisis. The COVID Rent Relief Program builds upon the State's efforts to alleviate the hardship faced by so many tenants with a one-time rental subsidy. By helping our fellow New Yorkers remain secure in their homes, we can continue on our road to economic recovery."

Senator Brian Kavanagh (D-Manhattan and Brooklyn), chair of the Senate Housing Committee and prime sponsor of the bill, said, "Since this pandemic started, New York has fought back hard to save lives and keep people safe, but we haven't done nearly enough for the many New Yorkers who have been struggling to pay rent and stay in their homes. While we need a lot more funding to cover a much wider range of people, including those currently homeless and those whose immigration status makes it difficult to access other forms of assistance, this program is an important first step toward supporting New Yorkers in need of relief. I thank Commissioner Visnauskas and the diligent staff at HCR for their efforts in launching this program quickly, just four weeks after we passed the Emergency Rent Relief Act."

Assemblyman Steven Cymbrowitz (D-Brooklyn), chair of the Assembly's Housing Committee, said, "On behalf of all New Yorkers, I am pleased to see the COVID Rent Relief Program up and running. Tenants and landlords face enormous financial challenges brought about by our ceaseless fight against this virus. Our responsibility to reopen safely must be balanced by the continuing need to fight homelessness and to keep New Yorkers safe in their own homes. By prioritizing households with the greatest need, this program will help enable our recovery while we wait for Congress to act and provide more essential relief."

Representative Nita Lowey said, "The COVID Rent Relief Program, which is made possible with the federal funds I helped secure for New York in the CARES Act, is an important step in providing critical assistance to communities and families that were hardest hit by this pandemic. I commend Governor Cuomo and the State Legislature for taking decisive action to protect renters around the state from eviction who continue to suffer from the financial impact of the economic shutdown. Housing is foundational to health and safety, and I will continue working to secure the federal relief New Yorkers need to ensure our health, safety, and economic security."

Representative José Serrano said, "Affordable housing was a serious issue before this crisis, and it has been exacerbated during the coronavirus pandemic. Too many families in the Bronx and elsewhere are struggling to make ends meet, pay their rent, and cover other basic expenses. We need to do everything possible to prevent a housing crisis on top of the public health and economic crises that are ongoing. Made possible thanks to the CARES Act passed in Congress, the COVID Rent Relief Program will provide much needed relief to help those who need it most to pay rent and keep a roof over their heads. I thank Governor Cuomo for his leadership in developing this important program." 

Representative Carolyn B. Maloney said, "The COVID Rent Relief Program is a much needed, common-sense approach that will help renters experiencing economic strain brought on by the pandemic. New York State is once again leading the way and the Senate should follow suit by passing the House's Heroes Act, which includes a $100 billion fund for rent relief, and H.R. 7301, the Emergency Housing Protections and Relief Act. Nobody should lose sleep worried about how they will keep a roof over their heads, especially during a pandemic. We must continue to take steps to help our nation weather this storm and deliver meaningful relief to the American people when they need it most."

Representative Nydia M. Velázquez said, "So many New Yorkers are struggling right now as a result of the pandemic and they are faced with an unbearable choice between paying rent, keeping their lights on or putting food on the table. The COVID Rent Relief Program will deliver critical assistance but this is just a small part of the overall need. I will continue to fight for additional federal funding to ensure that no New Yorker is forced from their home during an unprecedented health and economic crisis."

Representative Hakeem Jeffries said, "New York has borne the burden of the COVID-19 public health crisis, and our communities have experienced unthinkable pain, suffering and death. As we start to reopen the state carefully, we must ensure that the people and communities with the most need receive assistance to help make their ends meet. The emergency rental assistance program will reach those who are most at risk of losing the roof over their heads. This is an extraordinary crisis, and I thank Governor Cuomo for his extraordinary leadership."

Representative Grace Meng said, "For months, I have led calls for relief to be provided to New Yorkers struggling to pay their rent. I thank the Governor for establishing this program and look forward to doing more to help additional New Yorkers who have been forced to endure this severe financial burden through no fault of their own. But this is a first step forward to solving a major issue and I will continue to use my spot on the House Appropriations Committee, which funds the federal government-to combat the renter crisis. Nobody in our state should be kicked out of their homes due to the coronavirus. I also call on the Senate to follow the House in passing the Heroes Act which contains more funding for rent relief."

Batavia Youth Baseball's Board of Directors sets guidelines for the upcoming season during COVID-19 pandemic

By Billie Owens

A letter from the Batavia Minor League Youth Baseball Board of Directors:

Fellow Community Members,

During these trying and uncertain times, the Batavia Minor League Youth Baseball Board of Directors, coaches and players have been patiently waiting for the go-ahead to begin our season. We are very excited that the time has arrived and we look forward to getting back to the game that we love.

The Board has done their best in navigating the many restrictions and rules due to the COVID-19 pandemic, making the necessary changes to our operations to maintain social distancing and helping to ensure the safety of our players.

While we believe that we have the proper plan of action in place, it cannot be achieved to its fullest without the support of our community. 

The Board would like to share a few of our guidelines for the upcoming season.

All individuals should measure their body temperature to ensure that no fever is present prior to participating or attending each League activity. Anyone with symptoms of fever, cough, or worsening respiratory symptoms, or any known exposure to a person with COVID-19 should not attend any League activity until cleared by a medical professional.

Any individual, including players, at risk for severe illness or with serious underlying medical or respiratory condition should only attend League activities with permission from a medical professional.

It is strongly recommended that players travel to the field with a member(s) of their immediate household when possible. Sharing rides is highly discouraged unless absolutely necessary.

Players, coaches, volunteers, and families should vacate the field/facility as soon as is reasonably possible after the conclusion of a game to allow for proper sanitation of the facility and to aid in greater social distancing.

Social distancing is required for the entire complex, and the wearing of face covering is highly recommended when social distancing cannot be accomplished.

The concession stand will NOT be in operation for this season. Players should plan accordingly to bring their own drinks to ensure proper hydration.

Spectators:

  • Spectators must maintain social distancing when possible.
  • Spectators shall have NO access to the field, batting cages or player areas.

Sponsored Post: Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Photos: Long lines again greet volunteers distributing food at Northgate Church

By Howard B. Owens

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The Salvation Army and United Way hosted a free food distribution this morning at Northgate Church.

Upcoming food distributions:

July 22 at 9 a.m. -- Oakfield-Alabama CSD -- 7001 Lewiston Road, Oakfield (585) 948-5211

July 29 at 3 p.m. -- Byron-Bergen High School -- 6917 W. Bergen Road, Bergen (585) 343-6284

AUGUST

Aug. 5 at 9 a.m. -- City Church (St. Anthony’s)— 14 Liberty St., Batavia, (585) 343-6895

Aug. 12 at 9 a.m. -- Oakfield-Alabama CSD -- 7001 Lewiston Road, Oakfield (585) 948-5211

Aug. 19 at 3 p.m. -- Byron-Bergen High School -- 6917 W. Bergen Road, Bergen (585) 343-6284

Aug. 26 at 9 a.m. -- Northgate Free Methodist Church -- 8160 Bank Street Road, Batavia (585) 343-6284

SEPTEMBER

Sept. 2 at 9 a.m. -- City Church (St. Anthony’s)— 114 Liberty St., Batavia (585) 343-6895

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Genesee Orthopaedics and Sports Medicine now offers same-day and walk-in appointments

By Sarah Whitehead

Genesee Orthopaedics and Sports Medicine in Batavia is now offering same-day and walk-in appointments to provide faster and more accessible care for those with orthopedic injuries.

Genesee Orthopaedics began offering same-day and walk-in appointments along with extended hours prior to the COVID-19 pandemic, but the practice has become increasingly helpful for patients dealing with the difficulty of getting an appointment or referral because of the pandemic.

“The reason we started this was based largely on convenience,” said Dr. Nicholas Valente, an orthopaedic surgeon at Genesee Orthopaedics. “No one wants to sit and wait at the Emergency Room or Urgent Care.”

Use of same day appointments allows for people to have their injury addressed as soon as possible, whether their injury happened that day or is an ongoing issue. This speedy treatment is important with certain injuries like fractures that require immediate attention and recommendations for physical therapy are given quickly for nonsurgical injuries.

“A benefit of same day appointments is being able to see the person who will take care of you in the long term,” Dr. Valente said. “There’s more investment and more responsibility to know what’s wrong and make the patient feel comfortable.”

Genesee Orthopaedics has also taken extra precautions to ensure safety regarding COVID-19 in addition to hospital-wide regulations, including removing seating from the lobby and allowing patients to wait in their cars until their appointments.

Genesee Orthopaedics and Sports Medicine treats a variety of orthopaedic issues such as joint replacements, tendon injuries, carpal tunnel syndrome and many other injuries. They are located at 33 Chandler Ave. in the City of Batavia. Phone is (585) 343-9676.

Open weekdays Monday and Tuesday 8 a.m. to 6:30 p.m.; and Wednesday, Thursday and Friday from 8 a.m. to 4:30 p.m.

Law and Order: Duo accused of robbing a victim on Hutchins Street

By Billie Owens

Jennifer J. Hogan (inset photo left), 29, of Buell Street, Batavia, is charged with second-degree robbery. She was arrested and arraigned in Batavia City Court at 9:30 a.m. on July 7. This was due to an arrest warrant stemming from an incident that occurred at 6:20 p.m. on Oct. 2 on Hutchins Street in Batavia. She also had two additional bench warrants out of city court. She was arrainged then jailed on $15,000 cash, $40,000 bond, or $60,000 partially secured bond.
 She is due to return to court on July 18. Hogan is accused of removing money from a victim's pocket after her co-defendant, 54-year-old David Vega (inset photo right), of Rochester, had allegedly prevented the victim from leaving the residence by grabbing the victim's hand, which was injured in the incident. Vega is charged with second-degree robbery and after arraignment in city court, was jailed on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. No information provided about Vega's court date. No weapons were displayed. The cases were investigated by Batavia City Police Officer Arick Perkins.

Matthew I. Diers, 36, of West Main Street, Batavia, is a convicted Level 2 sex offender charged with sex offender failure to report a change of internet identifiers within 10 days as required on the NYS Sex Offender Registry. He was previously been convicted of failing to notify authorities of a change of status within 10 days, thereby elevating this charge to a Class D felony. He is in jail without bail. The case was handled by Batavia City Police Officer Jason Ivison.

Laytefa A. Franklin, 31, Castle Place, Buffalo, is charged with endangering the welfare of an incompetent person and criminal obstruction of breathing. Franklin was arrested on July 2 and arraigned in Batavia City Court. It is alleged that at 9:15 a.m. on Jan. 4 on Bank Street in Batavia that Franklin intentionally obstructed the breathing of an incompetant person by intentionally blocking the victim's nose and mouth. Franklin was released under supervision of Genesee Justice. She is due back in court on Aug. 27. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Daniel W. Mosholder, 28, no permanent address, is charged with endangering the welfare of a child and second-degree stangulation. Mosholder was arrested after a domestic incident on North Spruce Street in Batavia at 6:45 a.m. June 28. He was arraigned in Batavia City Court and is due there again on Aug. 20. The case was handled by Batavia City Police Officer Adam Tucker, assisted by Officer Austin Hedges.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment. Cook was arrested after a disturbance on Liberty Street at 8:30 p.m. on June 29 in which she allegedly struck a neighbor. Cook was released on an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Mark Anthony Constable Jr., 31, of Ganson Avenue, Batavia, is charged with: second-degree harassment -- physical contact; criminal mischief -- intentionally damaging property; and grand larceny in the fourth degree -- taking property from a person. Batavia police were dispatched to Ganson Avenue at 10:56 a.m. on June 30 for a physical domestic incident. After arraignment in Batavia City Court, Constable was released on his own recognizance. He is due back in city court on Aug. 20. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Adam Tucker.

Thomas Franklin Hofmeier, 19, of Alleghany Road, Pembroke, is charged with third-degree criminal mischief and fourth-degree criminal mischief. He was arrested on Main Road in Pembroke at 8:32 p.m. on July 11 after he allegedly used a car key to scratch the exterior of the victim's vehicle and broke the rear view mirror in the vehicle. He also allegedly took the victim's cell phone when the victim attempted to call 9-1-1 and threw the phone into a nearby ditch so the victim was unable to call for help. Hofmeier was put in Genesee County Jail and was arraigned July 12 in Genesee County Court. He was released and is due to appear before Judge Charles Zambito on Sept. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt. Wolcott was arrested at 12:07 p.m. on July 7 on Main Street after an investigation into a violation of a court order. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Stephen Cronmiller.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested after an investigation into a domestic incident at 9:35 p.m. on July 8 on Liberty Street. Cook allegedly violated an order of protection. Cook is due in Batavia City Court on Aug. 11. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Andre Lamar Roberts, 27, of Burrows Street, Rochester, is charged with second-degree criminal contempt. At 12:30 a.m. on July 1, Roberts was found by BYS Troopers walking on Route 98 in the roadway. He was taken to Batavia Police Headquarters and arrested for allegedly violating an order of protection at a location on West Main Street in Batavia. He was arraigned in Batavia City Court and jailed on $4,000 cash bail or $8,000 bond or $15,000 partially secured bond. He is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Arick Perkins.

Robert B. Schultz, 61, of Ross street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent; DWI -- common law; and moving from lane unsafely. Schultz was arrested at 8:48 p.m. July 4 on Harvester Avenue in Batavia after a motor-vehicle accident on Harvester Avenue. He is due in Batavia City Court on Aug. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Willie L. Williams, 33, of Laser Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminally using drug paraphernalia in the second degree. At 11:18 a.m. on June 30, Williams was arrested after an investigation into a traffic stop that occurred earlier in the day on East Main Street, Batavia. After arraignment in Batavia City Court he was jailed without bail and is due back there on Aug. 13. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Stephen Cronmiller.

Residents of Batavia and Pembroke latest to test positive for COVID-19

By Howard B. Owens

Press release:

  • Genesee County received two new positive cases of COVID-19, for a total of 236 positive cases.
    • The positive individuals reside in Batavia and Pembroke.
    • One of the positive individuals is in their 40s and one is in their 60s.
    • The positive individuals were on mandatory quarantine prior to testing positive.
    • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
    • No new individuals are on precautionary quarantine due to travel from restricted states.
    • No individuals are hospitalized.
  • Orleans County received zero new positive case of COVID-19, maintaining a total of 269 positive cases.
    • Five new individuals are on precautionary quarantine due to travel from restricted states.
    • Six of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

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