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County holds free COVID-19 testing clinic Tuesday -- must preregister

By Press Release

From Vicky Muckle, executive assistant to the county manager:

Genesee County will hold a free COVID-19 Testing Clinic for Genesee County residents on Tuesday, Feb. 2, at the Fire Training Center, 7690 State Street Road, Batavia.

Time is 1 to 3 p.m.

There are 309 appointments available: 

Here's the link to register.

Phone: (585) 344-2580

Senators push to restore full SALT deduction on federal income tax returns, nixing $10K cap

By Press Release

Press release:

Today, U.S Senate Majority Leader Charles Schumer and U.S. Senator Kirsten Gillibrand introduced legislation in the new Congress to eliminate the $10,000 cap on the State and Local Tax (SALT) deduction starting in 2021.

The proposal would allow taxpayers to fully deduct their state and local taxes on their federal income returns. In 2017, the deduction was capped at $10,000 and resulted in a tax increase for many middle-class families.

“When it comes to SALT, New York families needed and deserved this money before the coronavirus took hold, the stakes are even higher now because the cap is costing this community tens-of-thousands of dollars they could be using amid the crisis,” Senator Schumer said.

“That is why I am proud to be leading this legislation to restore our full SALT deduction. Double taxing hardworking homeowners is plainly unfair; We need to bring our federal dollars back home to the to cushion the blow this virus—and this harmful SALT cap—has dealt so many homeowners and families locally.

“I am proud to join my colleagues to introduce legislation to repeal the cap on the State and Local Tax deduction, a cynical policy passed by Republicans as a way to repay wealthy donors and lobbyists with big corporate tax cuts,” Senator Gillibrand said.

“The reinstating of the SALT Deduction will ensure that New York families have more money in their pockets, get much-needed tax relief and will once again be treated fairly.”

Schumer and Gillibrand pointed to the following reasons for why the SALT deduction is unfair to New Yorkers:

  • New Yorkers already subsidize other states by paying $36-45 billion more in taxes than we receive back from the federal government;
  • The repeal of the SALT deduction results in double taxation by imposing federal taxes on the income used to pay state and local taxes;
  • The elimination of the deduction drives wealthier people to other states and leaves middle- and lower-income taxpayers holding the bag to pay for school, police and other essential state and local tax burdens.

A breakdown of data from 2017 shows just how critical the full deduction was to New York homeowners. In the 27th Congressional District, for example, 33 percent of taxpayers used the SALT deduction that year, and the average deduction was for $14,096. In Genesee County, a total of 6,840 households claimed the SALT deduction and the average deduction amounted to $10,156. Countywide, 94 percent middle-income taxpayers were beneficiaries of the SALT deduction.

Across Upstate New York, the average SALT deduction was more than $13,000 across more than 1.2 million households.

Under the pre-Trump tax code, taxpayers who itemized deductions on their federal income tax returns could deduct state and local real estate and personal property taxes, as well as either income taxes or general sales taxes.

State and local income and real estate taxes had made up approximately 60 percent of local and state tax deductions, while sales tax and personal property taxes made up the remainder. According to the Tax Policy Center, approximately one-third of tax filers had itemized deductions on their federal income tax returns.

Hawley demands hearing after probe reveals state health officials underreported COVID-19 deaths in nursing homes

By Press Release

Press release:

Assemblyman Steve Hawley is demanding a legislative hearing regarding the handling of the coronavirus pandemic within New York state’s nursing homes by the Department of Health, as well as the revocation of the Governor’s emergency powers, following a report from the state Attorney General’s Office that the department underreported nursing home deaths related to COVID-19 by as much as 50 percent.

The report also revealed that residents and staff were not provided with sufficient amounts of PPE (personal protective equipment) and COVID-19 tests, and that many nursing homes were not complying with an executive order requiring communication with family members of residents.

“What was revealed in today’s report from the Attorney General is nothing short of tragic, and, at this point, I consider it a moral obligation to hold hearings into this matter so we can get to the bottom of what caused this unfathomable tragedy,” Hawley said.

“I am shocked we are only learning today of the magnitude of this unthinkable loss of life, and I am resolved to restoring proper and constitutional government in our state to ensure the Legislature has the oversight capability to assure this never happens again.”

Two organizations submit proposals to provide youth services to the City of Batavia

By Mike Pettinella

The City of Batavia has received two responses to its request for proposal for agencies interested in providing youth services to the municipality.

Interim Manager Rachael Tabelski, speaking at Thursday night's City of Batavia Youth Board meeting via Zoom videoconferencing, said one firm scored an average of 90 and the other scored an average of 75. Scoring was done by Tabelski, members of the youth board and other persons named to the selection team.

A third firm responded with a no-bid letter stating that it did not wish to bid.

Tabelski shared this information with Youth Board members David Twichell, Paula Fischer and Lydia Schauf and City Council liaison Al McGinnis before continuing with the RFP discussion in executive session – without The Batavian reporter in attendance.

It was expected that the Youth Board would meet in the next week or so to interview one or both of the organizations that indicated responded favorably.

Tabelski did get back to The Batavian following the meeting last night.

“The plan going forward may include interviews (of one or both of the candidates) and for the measure to be put on a Council agenda to explain why the selection committee has rated a particular firm as the highest,” she said.

She would not disclose the names of the two organizations in the running, but said that the agenda of City Council’s Feb. 22 Conference Meeting “potentially” could include the youth services RFP item.

As an historical note, the Liberty Center for Youth opened in August 2019 as a joint venture of the City Youth Bureau and Genesee Area Family YMCA and the subsequent daily operation (before it was closed due to COVID-19) was being split 50/50 by the City Youth Bureau and YMCA.

The RFP was drafted by Jocelyn Sikorski, the former county/city youth bureau executive director, before she left the position to take the executive director job with Cornell Cooperative Extension. It was sent out on Dec. 1 to local organizations that may wish to contract with the city for the 2021-22 fiscal year that begins on April 1.

The city’s primary youth services are an afterschool program at the Liberty Center for Youth on the City Church St. Anthony’s campus and a summer recreation program, but it does participate in other activities, including those coordinated by Genesee County.

Fischer reiterated the youth board’s position that the city’s agreement with the county to share the cost of an executive director should be dissolved in light of Sikorski’s departure, the city’s budget situation and the county possibly looking to make changes to the way it delivers youth services.

It was noted that the county has not billed the city for youth services during the first quarter of this year and that the city has not requested any services from the county.

Twichell asked McGinnis if City Council understood that the youth board recommended ending the contract with the county, but Tabelski said dissolution of contracts was a responsibility of the city manager’s office, and ultimately it would be decided by City Council.

Fischer mentioned that the reason the city contracted with the county because, at the time, it was required by the state.

“Shared services were a big thing being pushed by the governor and it made sense to share that position and get the state funding – and save the city money in the process,” she said. “But in 2017, we no longer needed to have that position to get the state funding.”

In other developments, the board:

  • Welcomed Schauf, a former city youth bureau employee, to the committee for a term extending to Dec. 31, 2023. Schauf said she would be contacting Chelsea Elliott, the county’s deputy youth bureau executive director, about the youth board’s intention to participate in the annual Youth Awards Banquet, usually held in April.
  • Put out a call to enlist other community members to join the committee, noting that its bylaws call for 11 members with no fewer than five seats for adults. Currently, there are only four citizen representatives on the youth board.
  • Scheduled its next regular meeting for 6 p.m. Feb. 16 as long as space at City Hall is available as the consensus was to have an in-person meeting. The agenda for that meeting will include the appointment of officers and a review of the bylaws.

Previously:  Youth Board backs RFP for possible outsourcing, but wants city to keep in-house program 'on the table'

Sheriff reports death of inmate who hung self in jail on Jan. 4

By Howard B. Owens

Press release:

Genesee County Sheriff William A. Sheron Jr. reports that an inmate has died after attempting suicide at the Genesee County Jail on Jan. 4.

A Genesee County Correction officer found the 28-year-old inmate hanging from a shower curtain rod at approximately 12:27 p.m., Jan. 4, while making routine rounds. The Correction officer immediately summoned assistance and began performing life-saving measures. The inmate was transported by ambulance to Erie County Medical Center in Buffalo where he passed away on Thursday, Jan. 14.

The inmate is identified as Kyle Adam Scheuerlein, of Batavia, NY. He had been incarcerated on bail in the Genesee County Jail since Jan. 1, following his arrest by the City of Batavia Police Department on the charges of second-degree burglary and criminal contempt - disobeying a court order in the second degree.

An investigation into this incident is being conducted by the Genesee County Sheriff’s Office, in conjunction with the NYS Commission of Corrections.

Today 36 new positive COVID-19 cases are reported in Genesee County

By Press Release

Data Update –

  • Genesee County received 36 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.  
  • Twenty-seven of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Twenty of the positive individuals are hospitalized.
  • One of the new positive cases is a resident of the Batavia VA Medical Center. 
  • One of the new positive case is a resident of the New York State Veterans Home at Batavia. 
  • We are saddened to report the loss of an individual over the age of 65 who was a resident at the Leroy Village Green Residential Healthcare Facility. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.

 

Orleans County received 33 new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Five of the new positive individuals were on quarantine prior to testing positive.
  • Eleven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Eleven of the current positive individuals are hospitalized.
  • Twelve of the new positive individuals are residents at the Orchard Rehabilitation & Nursing Center.

City schools trustees adopt new public comment policy in light of recommendations from 1A attorney

By Howard B. Owens

The Board of Trustees for Batavia City School District has adopted a new public communications policy that Superintendent Anibal Soler Jr. characterized at this week's meeting as allowing more public input into board decisions and discussions.

The initial idea for drafting a new policy came from board President Alice Ann Benedict in October. At that meeting, Soler suggested running any proposed policy change through a subcommittee.

The proposed policy came to the attention of attorneys at the Cornell Law School First Amendment Clinic, who drafted a letter to the school district expressing concern about some of the proposed changes, which Attorney Heather Murray said could run afoul of the First Amendment.

In the new policy, the school district seems to have heeded the advice of the clinic.

In the initial draft, a paragraph prohibited public discussion of individual district personnel and students. Murray said this policy would prevent members of the public their right to criticize public officials. She cited a case involving a school board in Virginia where similar language was struck down.

The new policy does not include language prohibiting discussion of individuals.

The original draft also indicated, “Obscene language, libelous statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated.”

Murray informed the district this language was overly vague, noting that a basic tenet of the First Amendment jurisprudence is that speech cannot be restrained in anticipation of libel. She said the appropriate remedy for an alleged libel is a civil suit for money damages.

She also said, "Second, the quoted language as a whole, and in particular 'other forms of prejudice,' is impermissibly vague and provides too much discretion to the Board to restrain certain viewpoints. Further, because these terms are not well defined and left to the determination of the Board President, there would likely be a chilling effect on public speech at Board meetings.

The final policy alters the language from the first draft, too, "All speakers are to conduct themselves in a civil manner. Obscene language, threats of violence, statements advocating racial, religious, or other forms of prejudice on the basis of protected class will not be tolerated."

Federal and state law establishes what constitutes a "protected class" when it comes to discrimination.

The board did retain a requirement that people wishing to speak at meetings first fill out a form, that includes a request for identifying information. Murray's letter suggested requiring people to identify themselves violates the state's open meetings law. However, the new policy does strike a proposal giving the board president the ability to rule on what topics were "generally appropriate." 

Murray noted that giving the board president power to silence people on certain topics prior to them speaking would constitute unlawful prior restraint.

Previously, Benedict had suggested the questions submitted by the public for the board be prescreened. Murray recommended against such a practice since it could constitute viewpoint discrimination and that pre-writing answers to questions submitted prior to the meeting could violate the open meetings law.

Overall, Murray said today she is pleased that the board seems to have listened to the clinic's recommendations.

“The Board’s decision to make revisions to the proposed policy prior to its adoption is a great example of elected officials making decisions with input from the public," Murray said. "Providing the opportunity for members of the public to address school board members on matters of public concern is critical to maintaining trust during this unprecedented time for us all.”

HLOM returns to normal operating hours Tuesday

By Press Release

The Holland Land Office Museum will be returning to its normal operating hours beginning Tuesday, Feb. 2nd.

The museum will again be open on Tuesdays.

The museum will be open Tuesdays through Saturdays from 10 a.m. to 4 p.m.

For any questions or further information please contact the museum at (585) 343-4727 or hollandlandoffice@gmail.com.

BHS graduation rates increased from 2015 through 2020

By Press Release

Submitted image and press release:

Batavia High School’s graduation rate, for students who graduate within four years, increased from 85 percent in the 2011-2015 cohort to 93 percent (for June graduates) and 94 percent (for those who graduated by August of their senior year) in the 2016-2020 cohort.

The number is even higher – 97 percent for the 2016-2020 cohort -- when only those students who attend school in BHS are counted (as opposed to those who, for various reasons, had been completing their studies at alternate locations.)

In other words, 85 percent of all freshmen entering BHS in the fall of 2011 (as the Class of 2015) earned their diploma by June of 2015.

The graduation rate continued to improve over the course of the next several graduating classes, with the last group for which we have data being the Class of 2020. For that graduating class, 93 percent of all freshmen entering BHS in the fall of 2016 (as the Class of 2020) earned their diploma by June 2020 and 94 percent completed the graduation requirements by August 2020. Again, that number was higher (97 percent) for students who attend school at BHS.

Superintendent Anibal Soler Jr., in presenting the data to the Board of Education on Monday, congratulated the staff on their role in student success.

He also noted that BHS principal, Paul Kesler, and his staff will continue to work on raising the overall graduation rate and will dig deeper into the subgroups of the student population to look for patterns and to identify better ways to serve the full student population.

Disgraced ex-NY-27 representative back on Twitter

By Howard B. Owens

Please join me as I discuss my experience in politics, business, and prison. What do you all want to hear about? #businesscoach #BusinessNews #PrisonReform #prison pic.twitter.com/k6nNMnQiKP

— Chris Collins (@realC_Collins) January 27, 2021

Chris Collins, the former Congressman for the GLOW region who admitted in Federal Court to illegal insider stock trading and lying to the FBI, has reemerged publicly after being pardoned last month by former President Donald Trump.

Collins has started a new Twitter account under the handle @realc_collins. In his first tweet Collins posted a video explaining that as a businessman, politician, and former convict, he is ready to share what he's learned with the social media world.

"I have a lot to share with my many years of experience in the business world, the political world, and just current affairs," Collins said. "I hope you will join me on my various social media platforms and we can have a communication going forward."

Collins represented Genesee County in Congress from 2013 to 2019. He was the first member of Congress in 2015 to endorse Trump for president. 

Following an FBI investigation in 2018, Collins and his son, Cameron Collins, were arrested Aug. 8, 2018. The senior Collins was accused of tipping Cameron to a failed drug trial for a publicly traded company that Collins served as a board member. Cameron and other associates then began dumping stock before the news of the failed trial was made public. 

For months, even while running for reelection, Collins denied any wrongdoing and vowed he would be vindicated at trial and then in September 2019, he resigned from Congress and entered a guilty plea in Federal Court.

In January 2020, Collins was sentenced to 26 months in prison. His term was delayed because of COVID-19 and his incarceration in a Federal prison in Florida didn't begin until October. Two months later he was released after being pardoned by Trump.

These are my 5 I’s for the #DepartmentOfInJustice #DOIJ

1. Incompetent
2. Inefficient
3. Insensitive
4. Indifferent
5. Inhumane

— Chris Collins (@realC_Collins) January 28, 2021

Black History Month contest: Third- through fifth-graders invited to write about someone they look up to

By Press Release

Press release:

Tops Friendly Markets, a leading full-service grocery retailer in New York, northern Pennsylvania, and Vermont, is pleased to announce a unique opportunity for students in third through fifth grade to shine! February is Black History Month and for the past three decades Tops has been proud to salute and educate the community about those who have accomplished remarkable achievements in their lifetime.

Now it is your turn as the youth of America to honor those in your own lives whom you admire most who are of African American descent -- your mom, pastor, coach -- even your big brother.

Please submit a paragraph, or more, by Feb. 19 describing why they are someone you look up to for a chance to win not only $100 for your school, but a $50 Tops gift card for yourself so that you can treat your family, or the person nominated, to a special dinner and dessert.

“Tops has been dedicated to educating the community about Black History Month for the past three decades, but thought this year we’d welcome the youth of our community to share with us as to whom they admire,” said Kathy Sautter, public and media relations manager for Tops. “We hope that area teachers embrace this unique opportunity with their students -- whether they’re teaching virtually or in person.”

For more details on the contest, please visit http://topsmarkets.com/blackhistorymonth for contest rules and deadlines for submission. 

NYS highway superintendents urge full state funding for local roads and bridges, plus COVID vaccines for crews

By Press Release

Press release:

Joseph Wisinski, president of the New York State County Highway Superintendents Association, urged the New York State Legislature on Tuesday to restore cuts in highway funding made in the 2020-21 state budget to the proposed 2021-22 spending plan, and to add highway crews to the Phase 1B eligibility list for the COVID-19 vaccine. 

The 2020-21 budget cut appropriations for local highway programs by 20 percent, or $120.6 million, and 2020 funding allocation notices to local highway departments were not sent until 69 days after the budget was adopted in April, Wisinski told a joint hearing of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means. He is also Madison County highway superintendent.

“Many municipalities could not go forward and plan their highway programs with the uncertainty of full reimbursement from the state,” Wisinski said. “With only 80 percent of our CHIPS (Consolidated Local Highway Improvement Program), PAVE-NY and EWR (Extreme Winter Recovery) funds available, our local transportation capital programs, which were already underfunded, were reduced even further. As a result, we saw a reduction in local construction jobs, and we all know that work delayed will cost much more later.” 

The COVID-19 pandemic has negatively affected local highway departments’ finances," Wisinski said. “We adhere to and follow all current public health policies to minimize the spread; however, despite our best efforts, we continue to be short staffed with people out for positive cases or quarantine.

"Costs for cleaning and sanitizing vehicles and equipment, social distancing and masks all continue to strain our local budgets.” For this reason, he said, “we request that our highway crews be added to the Phase 1B COVID eligibility list.” 

In addition, he said, “counties have seen a massive drop in sales tax collections and state aid, and while counties do all they can to manage highway infrastructure funding at the local level, they are often operating with their hands tied behind their backs and not able to make up losses in highway funding.” 

Gov. Andrew Cuomo’s 2021-22 budget proposes a 15-percent repayment for local programs that were cut; “5 percent will be a permanent cut for unknown reasons,” Wisinski said.

In addition, CHIPS funding would be flat for the ninth year, no increases are proposed for the PAVE-NY and BRIDGE-NY program, and the EWR program would not be carried forward. 

NYSCHSA is calling for 100 percent of the cuts to highway funding to be restored, the appropriations proposed in the 2021-22 budget to be fully funded, the EWR appropriation to be increased to $100 million, and protection against local highway program cuts to be included in the budget. 

“Local roads and bridges, as you know, make up the bulk of the statewide system,” Wisinski said. “Eighty-seven percent of New York’s roads and over half the bridges are owned by local governments. Our crews are plowing county roads as well as many state-owned highways to assure safe winter travel. Local roads are essential. … Motorists need to get to and from their jobs, homes, schools, hospitals and other destinations.” 

The New York State County Highway Superintendents Association is a nonprofit organization whose county superintendents, public works commissioners and affiliate members are dedicated to promoting and maintaining a safe and efficient county transportation system. More information is available here.

GC Youth Court swears in its 13th class of new members

By Press Release

Submitted photo and press release:

Genesee County Youth Court swore in the Class of 2021 members on Tuesday, Jan. 26, via Zoom due to COVID-19 restrictions.

This is the 13th class to be sworn in since Youth Court’s inception. The oath and charge of confidentiality were administered by the honorable Judge Tom Williams.

These students went through an eight-week training and had to pass a bar exam to get to this conclusion.

The new youth court members are: Melania Desa e Frias, Katelynn Everett, Alexandra Hackett, Colin McConnell, Adam Piper, Beckett Swanson, Stuart Ulrich, Peyton Woeller and Quinn Woeller

The Genesee County Youth Court is a court where youth execute all roles of the tribunal court. There are three judges, a prosecutor, defense attorney, and bailiff. Youth who are referred to court can be as young as seven and up to 17 and must be referred through law enforcement or school personnel.

The Genesee County Youth Court is designed to create an atmosphere of equality in the law through judgment by peers while holding the respondent accountable for their actions.

The Youth Court is run by the Genesee County Youth Bureau and funded through Department of Social Services. If you would like more information about the Genesee County Youth Court, contact Chelsea Elliott at 344-3960.

Sen. Rath asks hunters to take poll

By Press Release

Press release:

Senator Rath has launched a four question Hunter’s Poll.

“Hearing from residents on important topics is critical to me," Rath said. "There are a few proposals that have been included in the Governor’s 2021-22 Budget that would affect the hunting community. Learning the residents’ perspective on these issues will allow me to better represent the district. That is why I hope you will take a moment to complete the poll.”

Residents can complete the survey here. The poll focuses on two long-debated proposals that will affect hunters in New York State. These proposals were recommended by the Department of Environmental Conservation and included in the Governor’s budget. 

City police K-9 'Batu' and handler graduate basic K-9 training

By Press Release

Submitted photos and press release:

Chief Shawn Heubusch is pleased to announce that Officer Stephen Quider and K-9 Batu have graduated their basic K-9 training in Monroe County.

K-9 Batu and Officer Quider are trained in tracking, narcotics detection and general patrol operations.

We wish to thank the Monroe County Sheriff’s Office for hosting this essential training and allowing our handler and K-9 to attend free of charge.

“K-9 Batu and Officer Quider make a great team and will be an asset to the City of Batavia,” Chief Heubusch said.

 “Their specialized skills in tracking and narcotics detection will enhance the services the department already provides to the community. K-9 Batu and Officer Quider look forward to serving the residents of the City of Batavia.”

Officer Quider and K-9 Batu will be assigned to general road patrol duties and will be available for call-outs in the event there are calls for service requiring K-9 Batu’s special skill set to support investigations in the City and surrounding area.

The City was able to purchase K-9 Batu thanks to funding from the Department of Homeland Security Investigations.

The Department would like to thank the generous donors that have donated to the K-9 fund that ensures Batu has adequate health care and nutrition.

If anyone wishes to donate please contact Officer Quider at (585) 345-6350 to obtain information on how to become a Batavia Police K-9 supporter.

The Department looks forward to engaging with the community and having Batu visit our local businesses and schools once COVID-19 regulations allow for more social interactions.

Shovels in the ground -- BDC director optimistic that 2021 will see much construction in the city

By Mike Pettinella

Much along the lines of a circus juggler, Andrew Maguire is determined to keep the balls in the air as he tracks the many City of Batavia projects funded by the Downtown Revitalization Initiative, Building Improvement Fund and New York Main Street grant programs.

Maguire, director of economic development for the Batavia Development Corporation, went through his list of what he called “2021 milestone projects” and other irons in the fire during the agency’s monthly board meeting this morning via Zoom videoconferencing.

“There are a couple of big ones, obviously,” he said. “Ellicott Station (the mixed-use venture on the former Soccio & Della Penna and Santy’s Tire Sales property on Ellicott Street) is hopefully going to be beginning construction in early spring and projections for the Healthy Living Campus (YMCA project on East Main Street) are for the fall of 2021 to begin construction and demolition. Those two big ones alone should equate to almost $50 million of investment into the city.”

Maguire said he was confident that the City Centre Mall and Jackson Square projects also would commence construction this year, as well as Main Street 56 Theater (at the City Centre), 206 E. Main St. (Main Street Pizza Company building), 201 E. Main St. (GO ART!), 39-43 Jackson St. (corner building next to School Street), 97 Main St. (old Genesee Bank building) and 219 E. Main St. (Fieldstone Private Wealth - Ameriprise Financial Services).

“These are all projects that will run through our grant programs. So, they do have time frames they have to comply with so I’m pretty confident that all of these on this list will be moving to the construction phase in 2021 – which should yield over $50 million total investment through the grant funding program,” Maguire said.

He admitted the DRI process is “kind of tedious and relatively slow” but, again, said he expects the City Centre, Jackson Square, Ellicott Station and Healthy Living Campus “will all be hitting the ground running in 2021, which I’m excited about.”

Going down the list, Maguire reported the following:

  • 206 E. Main St. (Main Street Pizza Company building).

He said an asbestos survey was being done and that owner Paul Marchese is expected to finalize the design plan by early February. “As soon as I get my hands on it, it is going out the door to get bid out,” he said.

  • 242 Ellicott St. (corner of Liberty Street).

With a salon downstairs and two apartments upstairs, owners have completed the interior work and are waiting for the weather to break to do the façade work, Maguire said, adding that it should be done in early spring.

  • 99 Main St., (old Mane Attraction building, now a dental office).

“They’re getting some stuff cleaned out right now and hopefully we will see some big dumpsters in the near future,” Maguire said.

  • 109-111 Main St. (Eli Fish Brewing Company and restaurant).

The owners selected Whitney East as their preferred developer and it is going on to construction pretty soon, Maguire said.

  • 39-43 Jackson St. (just north of School Street).

Maguire said he is working with the City Planning & Development Committee to get the site plan on to the latter’s agenda, adding that it needs county planning approval as well.

  • 201 E. Main St. (GO ART!).

He said that GO ART! officials are working with a local lead paint tester to determine the extent of that potential issue.

  • 219 E. Main St. (Fieldstone - Ameriprise).

“We’re working through an environmental checklist there. Obviously, there was an adjacent dry cleaner years ago and that could require further environmental testing,” Maguire said.

  • 97 Main St. (old Genesee Bank building).

Maguire said the plans are top-notch, but won’t be delivered until after completion of State Historic Preservation Office testing.

  • 33-39 Ellicott St. (Batavia Tailors & Cleaners, Domino’s, DiMatteo law firm, Village Audiology).

The building owner (Batavia Tailors) will be contracting for façade work and heating/cooling work, and also is required to perform environmental testing, Maguire said.

In other action, the board:

  • Voted in favor of additional three-year terms for members Lori Aratari, Christine Fix, Nate Varland and Rebecca Cohen, and one-year appointments to the executive committee for Aratari, president; Wesley Bedford, vice president; Jake Whiting, secretary, and Cohen, treasurer.
  • Modified language in the Performance Evaluation Policy to include that a review of the director’s job performance will be conducted by the executive committee, not a “committee” as previously stated.
  • Learned from Interim City Manager Rachael Tabelski that the agency’s financial reports, generated by the City of Batavia, won’t be converted to the city’s new software system until sometime in 2022. Varland requested some type of “financial health at a glance” report to make it easier to determine the BDC’s financial standing rather than having to look at multiple documents. Maguire offered to compile a “budget actual, which would be simpler format to look at” moving forward.

County assists Richmond Memorial with vehicle purchase, keeping Library Visits program on the road

By Mike Pettinella

With a helping hand from Genesee County, a Richmond Memorial Library program vital to reaching residents unable to make it to the Ross Street facility is able to keep on rolling.

On Wednesday, the Genesee County Legislature approved a contract with Genesee Valley Chrysler Dodge Jeep Ram in Avon to accept a submitted bid to provide the library – as well as any other municipalities that wish to use the bid via the "piggyback clause" – access to vehicle pricing that was submitted as part of the bid.

The contract is in place for 90 days, beginning on Dec. 10.

What this means is that the library, after contacting the county’s Purchasing Department to assist in buying a new vehicle, is able to purchase a 2021 Jeep Latitude SUV to replace the 2011 van that it had been using as part of its Library Visits program.

According to the library’s website, the Library Visits program provides library services to older adults in Genesee County who are unable to visit the library. It is funded by a grant from the Muriel H. Marshall Fund for the Aging. The late Muriel Marshall was a former school librarian.

Genesee County residents at least 60 years old who are confined to their homes due to a short term or extended illness, disability, or lack of transportation may be eligible for the services of this program, which also offers rotating mixed media collections to senior housing complexes, adult daycare facilities, nursing homes, and veterans' facilities in Genesee County.

The cost of the new vehicle, which reportedly will be delivered by early March, is $13,557 -- significantly less than the retail price – and is a result of using the county’s purchasing power and trading in the van. The resolution also states that the county does not expect to use this particular contract to purchase vehicles.

"We were able to trade in the van, which was about 10 years old but it only had 10,000 miles on it, so we got $10,000 for it," Conrad said. "Add the municipal discount and the fact that we pay no tax, and we got a great deal."

Conrad said the vehicle is used a couple times a week for the Library Visits program -- traveling to group living homes and switching out material every four to six weeks -- but also could be used to carpool librarians to Nioga Library Systems headquarters in Lockport, to the annual conference in Saratoga Springs or other training opportunities wilthin the boundaries of the Western New York Library Resources Council that is based in Buffalo.

He said the plan is to either apply vinyl wrap or place a sign on the vehicle for advertising purposes.

Conrad credited Library Visits coordinator Lucine Kauffman and Batavia City School District Business Administrator Scott Rozanski for pointing him in the direction of Genesee County Purchasing Director Eve Hens.

Hens said she was happy to assist Conrad in the process.

“Bob Conrad called me because they don’t have a purchasing department, obviously, and he wasn’t really sure how to proceed with the purchase and wanted to make sure that it was done the right way – following all of the laws and procedures that are in place,” Hens said.

She said the county has advertised and issued bids for vehicle purchases in the past, with the stipulation that “while Genesee County was sponsoring the bid, we would not be the one to purchase the vehicle – it was specifically for use by the Richmond Memorial Library.”

The transaction was accomplished by using the procurement “piggyback clause,” Hens said, wording that states that a contract put into place as a result of the bid will be available for use by other municipalities with the mutual consent of the vendor and the municipality that will be using the bid.

“It also states that Genesee County will not be responsible for any contracts that are put in place using our bid,” she added.

While the “piggyback clause” calls for competitive bidding for anything over $20,000, Hens said it was wise for the library to go this route because it was “hard to tell what the cost would be up front.”

“So, I would always err on the side of caution when issuing a bid. If it’s estimated to be around $20,000, I would do the bid just to be make sure that we’re covered,” she said.

Hens said she wasn’t sure how much money the library saved, but figured it was significant because of the trade-in and the utilization of municipal pricing. This process can only be used by municipalities that receive tax revenue, which Richmond Memorial Library does through its relationship with the Batavia City School District.

She also noted that she puts the piggyback clause in all county bids to make them available for use by the towns and villages, mentioning that towns and villages use the county’s road salt and highway materials bids to secure favorable pricing.

Six baby calves struck by pickup truck in Darien

By Billie Owens

Six baby calves were struck by a tan F-150 Ford pickup truck in Darien in front of the Miller farm property at 2272 Bennett Road, according to a caller to the emergency dispatch center. 

Four are down and one is blocking the roadway. A Sheriff's deputy is en route and so is the owner of calves.

UPDATE 7:24  a.m.: More calves are reportedly on Ridge Road and they are running in the roadway near Richley Road, according to another caller to dispatch, who did not know their direction of travel. "The owner is going to get a skip loader" to remove the deceased calves on Bennett Road.

UPDATE 7:34 a.m.: A caller says bovines are walking down the driveway at 9711 Ridge Road.

Landers: NYS reportedly supporting Genesee County's idea to loosen restrictions on investments

By Mike Pettinella

Genesee County Manager Matt Landers said he finds some good and some bad with the proposed New York State fiscal year 2022 budget with the “good” connected to a suggestion made by Genesee County officials to loosen the restrictions on municipal investments.

“A suggestion that actually came from Genesee County was the ability to invest our money a little more, I don’t want to say aggressively, (but) the restrictions that governments – counties and municipalities – in New York State had was one of the most restrictive in the nation,” said Landers, reporting to the Genesee County Legislature this afternoon during its meeting via Zoom videoconferencing.

Landers said if Gov. Andrew Cuomo ultimately accepts the suggestion to give local governments more flexibility in their investments, it could lead to a six-figure increase on Genesee County’s bottom line.

“I don’t have an exact figure, you’d have to talk to Treasurer Scott German about that, but I do know that we budgeted $150,000 in 2021 and that was just in the general fund,” Landers said, noting that investments are volatile depending upon interest rates.

Last summer, Landers and German looked into the county’s investment strategies – it has a contract with the three+one firm out of Pittsford – and found out that New York’s investment regulations were the most restrictive in the nation.

“I passed that along to NYSAC (New York State Association of Counties) and they passed it along to the (NYS) Division of Budget, and lo and behold, it came out as one of the governor’s suggestions in his budget to loosen up the restrictions,” Landers said. “So, there’s evidence that ideas coming out of Genesee County can actually have an impact on the state.”

Landers said news of the governor’s support in the investment arena puts the county in prime position to generate additional revenues.

“I’m sure Scott will be pleased to put three+one to work if we get this additional relief in how we can do investments,” he said.

Sticking with the “good” part of the state budget, Landers said the county now is projecting a 5-percent reduction in state aid – down from the 20 percent it put in its 2021 budget.

“This is assuming that the state gets $6 billion in stimulus money from the federal government,” he said. “If the state gets nothing, then we would be looking at the 20 percent (decrease).”

Landers also mentioned the state’s reconfiguration of its Aid and Incentives for Municipalities program – action that will affect counties that have towns and villages receiving AIM funds.

“We’re still trying to figure out how the AIM impact will be – the state is shifting – taking some of the sales tax proceeds from counties and making towns and villages whole through AIM,” he said. “More than half the counties are going to benefit from this shift, but some counties are going to be hurt depending on the makeup within their county of municipalities that are receiving AIM.”

The county manager also reported that the allocation of the county’s extra 1 percent in sales tax no longer will need state approval, but on the “bad” side, said the county is looking at the possibility of losing $160,000 in Video Lottery Terminal revenue generated by patrons at Batavia Downs Gaming.

In legislative action, the board implemented a Rule 19 resolution to ratify prior measures that grant Legislature Chair Rochelle Stein emergency powers as they pertain to financially protecting non-county workers – both volunteer and professional -- at COVID-19 testing clinics.

The resolution gives Stein authority in two circumstances beyond a Jan. 14 resolution that granted emergency powers for the chair to execute necessary COVID-19 documents – an agreement for services for COVID-19 volunteers and an agreement for paid services for COVID-19.

On another front, the legislature set a public hearing for 5:30 p.m. on April 28 at the Genesee County Old Courthouse as part of the mandated eight-year review of Agricultural District No. 4.

The district was created in December 1980 and, under Article 25AA of the New York State Agriculture and Markets Law, Section 303-a, it must be reviewed eight years after the date of creation and every eight years thereafter. Property in Agricultural District No. 4 is located in the towns of Byron, Bergen, Elba, Stafford and Le Roy.

In other action, the legislature passed the following resolutions:

  • A construction contract with Union Concrete and Construction Corp, West Seneca, in the amount of $1,767,387 to replace bridges on Meadville Road over Canal Feeder in the Town of Alabama, Sharrick Road over Murder Creek in the Town of Darien, and Tower Hill Road over Spring Creek in the Town of Byron.

The resolution also called for a consultant agreement with CHA Consulting Inc., of Buffalo, for the three projects for an amount not to exceed $340,000.

Union Concrete and Construction Corp. submitted a bid that was around $400,000 less than the engineer’s estimate of construction costs. Ninety-five percent of the capital project will be paid by federal aid, with a 5 percent local match taken from the 1 percent sales tax fund.

  • A consultant agreement with C&S Companies, Rochester, for an amount not to exceed $109,000 in connection with the replacement of the Upton Road over Bowen Creek bridge in the Town of Batavia.

Work, which will be covered by federal aid at the 95 percent level, is expected to start immediately.

  • Payment of $4,535 in costs related to dental surgery for K9 Rayzor, with fund coming from the K-9 Donations Reserve Account (gifts and donations that were made to the K-9 program).

Expenses consisted of $2,317 for the surgery plus costs for his handler’s lodging, vehicle fuel and food to transport Rayzor to the hospital where the surgery was performed, as well as a recovery bed for the dog.

  • A contract extension through Dec. 31 with the New York State Office of Indigent Legal Services, Albany, in the amount of $170,672.

This money funds the county’s full-time assistant public defender, part-time assistant public defender, investigator and paralegal’s salary and fringe benefits as well as a parity stipend for an assistant public defender, cell phone service for one, landline telephone service for two, the investigator’s mileage and investigation online service software.

  • Contracts with SkyMark Refuelers LLC, Kansas City, Kan., in the amount of $324,590 for ground service equipment, broken down as follows: $189,600 for a Jet-A refueler (diesel option) and $134,990 for an AvGas refueler (diesel option).

The cost for these contracts is partially covered by a state grant.

  • A change order to a contract with Suburban Electric, Albion, in the amount of $65,302 in connection with work being done at pump stations in Churchville and Mumford to expand water supply capacity under Phase 2 of the Countywide Water Supply Program.

The change order calls for the installation of a different Programmable Logic Controller (PLC) within the Motor Control Center (MCC); eliminating the power management system; modifying the MCC; increasing the height of the telemetry tower from 50 to 70 feet, adding an additional telemetry tower at the Riga Pump Station and adding a backup power system for the MCC.      

This is the second change order on this contract and brings the total contract cost to $832,984.50. The original award of the contract was for $759,000.

  • Allocation of up to $300,000 to support the Genesee County Chamber of Commerce for publicity and tourism services connected to the “I Love New York” program through Dec. 31.

Funds from the county’s 2021 hotel and motel tax receipts (bed tax) will be used, with the stipulation that the county will only fund tourism activity to the extent actual revenues from bed tax are realized, not to exceed the fiscal year appropriation of $300,000.

  • The creation of two temporary full-time clerk-typist positions, effective from Jan. 25 until July 23. The clerk typist salary and fringe ($38,707) are allocated in the 2021 Health Department budget.

The position’s salary is partially funded by state aid/performance funds. The cost to the county will be approximately $22,158.

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