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Desiree M. Hutchinson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Hutchinson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is accused of the same crime for allegedly possessing fentanyl that day with intent to sell it. In count three, she is accused of criminal possession of a crontrolled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more substanes containing a a narcotic drug -- cocaine -- which had an aggregate weight of one-eighth of an ounce or more.

Montell L. Cunningham is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Sept. 13 in an upper apartment on Tracy Avenue in the City of Bataiva that he unlawfully entered a dwelling with the intent to commit a crime and while there caused physical injury to a female victim. In count two, his is accused of second-degree strangulation, a Class D violent felony, for allegedly applying pressure to her neck or throat, with the deliberate intention of impeding normal breathing or blood circulation, and thereby caused stupor, loss of consciousness or physical injury or impairment. In count three, Cunningham is accused of second-degree harassment, a violation. It is alleged in count three that on that day, with intent to annoy or alarm a person, that he struck, shoved, kicked or otherwise subjected the female victim to physical contact.

Anthony J. Welch is indicted for the crime of criminal possession of a controlled substance -- cocaine -- with intent to sell it, a Class B felony. It is alleged that on May 22 in the City of Batavia that Welch possessed cocaine with intent to sell it. In count two Welch is accused of tampering with physical evidence, a Class E felony. It is alleged in count two that on May 22 that he acted with intention to conceal evidence -- upon being confronted by a uniformed police officer, he hid a quantity of cocaine between his buttocks. In count three, Welch is accused of the crime of promoting prison contraband in the frist degree, a Class D felony. It is alleged in count three that on that day he knowingly and unlawfully introduced cocaine into a detention facility -- the Genesee County Jail. In count four, Welch is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that on that day he knowingly had scales used to weigh or measure controlled substances and that he intended to use them for unlawfully packaging or dispensing a narcotic drug or stimulant.

David P. Grossman is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Aug. 4 that Grossman entered and remained unlawfully in a dwelling on Highland Park in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree criminal mischief, a Class E felony. It is alleged in count two that one that day he damaged property belonging to another person in an amount exceeding $250 -- a City of Batavia police patrol vehicle. In count three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for damaging property belonging to another person -- a door and the face of a clock. In count four, he is accused of resisting arrest, a Class A misdemeanor, for preventing or attempting to prevent a police officer from arresting him. In count five, Grossman is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for impairing or attempting to impair a public servant from performing an official function by means of intimidation, force or unlawful act. In count six, the defendant is accused of third-degree coercion, a Class A misdemeanor, for making a demand of an officer and instilling fear that if the demand was not complied with, the defendant would cause physical harm to the officer. In counts seven and eight, respectively, Grossman is accused of endangering the welfare of two children, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of children less than 17 years old.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 16 at the Crosby's store on Clinton Street Road in the Town of Batavia that these defendants committed the crime of second-degree criminal mischieg, a Class D felony. It is alleged that on Sept. 16 they intentionally damaged property belonging to another person in an amount exceeding $1,500 -- mutiple doors, a kitchen sink and merchandise at that Crosby's location. In count three, they are accused of third-degree grand larceny, a Class D felony, for allegedly stealing porperty having a value of more than $3,000 -- cigarettes worth $3,500. In count four, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally engaging in conduct that constituted a felony and they agreed and engaged in such conduct.

Aurelio A. Figueroa is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between July 2014 and July 2019 that Figueroa stole property valued at greater than $3,000 --- a total of $9,321 in SNAP (Supplemental Nutrition Assistance Program) benefits. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two that on July 5, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count three, he is accused of the same crime for filing another written instrument -- a Landlord Statement -- allegedly knowing it contained false information and presented it with the intent to defraud a public authority. In count four, it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count five it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count six, it is alleged that on June 19, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count seven, it is alleged that on June 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count eight, it is alleged that that on Jan. 14, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count nine, it is alleged that on Jan. 11, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 10, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 11, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 12, it is alleged that on July 16, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In counts 13 and 14, Figueroa is accused of falsifying business records in the first degree, a Class E felony, for allegedly making a false entries into business records by submitting Shelter Verification forms which had information crossed out on Jan. 19, 2018 and Jan. 14, 2019, respectively.

Ana M. Uribe is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between August and November 2019 in the Town of Batavia that she stole property with a value exceeding $3,000 -- a total of $3,218 in SNAP (Supplemental Nutrition Assistance Program) benefits and public assistance. In count two, Uribe is accused of offering a false instrument for filing in the first degreem a Class E felony. It is alleged in count two that on Sept. 4, 2019 in the Town of Batavia that she submitted a SNAP/Public Assistance Recertification to public authorities knowing that is contained false information and did so with the intent to defraud them.

Robert A. Bell Jr. is indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on March 13 of this year that Bell, in the City of Batavia, knowingly possessed stolen property with the intent to benefit himself and its value exceeded $3,000 -- a 2008 Hummer H2.

Craig L. Fien is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 22 on Lake Street in the Village of Le Roy that Fien possessed a dangerous instrument -- a bat -- with intent to use it unlawfully against another person. In count two, he is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day he intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by means of displaying a dangerous instrument -- a bat. In Special Information filed by District Attorney Lawrence Friedman, Fien is accused of having been convicted of: petit larceny, a Class A misdemeanor, on Oct. 22, 2014 in Monroe Couny Court, and the same crime on Nov. 15, 2016, in Town of Batavia Court; criminal possession of stolen property in the fourth degree, a Class E felony, on Aug. 14, 2019 in Genesee County Court; and these convictions form the basis for count one in the current indictment.

With the start of a new year less than 10 hours away, it certainly would be nice if the world could just turn the page and put 2020 – a year marked by a global pandemic known as COVID-19 – in the rearview mirror.

Unfortunately, however, the challenges and stress caused by the coronavirus will continue for at least several more months and words such as quarantine, contact tracing, asymptomatic testing and vaccine will continue to be part of our everyday vocabulary.

Earlier today, Paul Pettit, public health director for Genesee and Orleans counties, with support from Genesee County Manager Matt Landers and Legislative Chair Rochelle Stein, updated the media on the latest developments and statistics via Zoom videoconferencing.

Pettit touched upon all the buzzwords mentioned above, as well as addressing what could be a new and even bigger problem – an apparently more contagious variety of SARS-CoV-2 (the virus that causes Covid-19) that is spreading throughout the United Kingdom and has been identified in California and Colorado.

“About the strain, what we do know is that it is a lot more infectious, so it spreads a lot easier, which is the concerning part,” Pettit said, responding to a question from The Batavian seeking to know if local health officials have the capacity to test for the variant mutation of the virus. “But what we do know is that it is not any more aggressive or severe – it appears anyways – than the strain that we have been dealing with locally, but that again could change as time goes on.”

Pettit said not much is known about the new strain, but worries that due to the higher level of infectiousness, more people could get sicker at a quicker rate.

New Strain Could Overload Hospitals

“That again is a concern with higher positivity rates and mainly with the stress on our health care system,” he said. “If we have more folks getting infected, specifically more at-risk folks that will be infected, (that will) put a strain on our bed capacity and the ability to deal with those folks who need a higher level of care … and that could lead to a quicker overwhelming of our medical system.”

Pettit said the new strain has not been identified in New York, but "it being in California and Colorado, it's more than likely -- it's just a matter of time before it is identified (in New York)."

"It is being tested for out of Wadsworth (a state facility), so the state lab is looking for this variant," he said. "The 3,000 or 4,000 tests that they've run or analyzed has not shown it yet. We do not have the local ability to look for it in our rapid testing, but we did reach out to Wadsworth to see if they would like us to be part of a sentinel process where we can send them -- or make sure they get samples from around here to test for that variant."

Pettit also talked about the Moderna vaccine – a two-step process that is said to be about 95-percent effective against the virus – and outlined the pecking order, so to speak, of those who will receive it.

Again, responding to a question from The Batavian regarding who comprises the 1B group, which follows the 1A group of healthcare personnel, Pettit said he wasn’t sure beyond “certain essential workers” such as law enforcement and firefighters.

“We have a general idea … but the state has not really fleshed out the details of the 1B group … they want us to focus on (vaccinating) the 1A group,” he said, previously mentioning that the 1B group in Genesee County is estimated at around 13,000 people and in Orleans County at around 9,000 people.

After that, there is a 1C group (with close to the same numbers) and then “bucket 2” or the general public, he said.

Pettit mentioned the procedural challenges once it’s time to vaccinate those in 1B (hopefully in late January) because those in the 1A group likely will be ready for their second shot.

“We need to make sure we're giving that second shot at that four-week mark while trying to vaccinate new people in the 1B group. So, this is where it gets into the complexity and logistical challenges of this vaccination campaign,” he said.

Volunteers Play Key Role in the Process

When asked about utilizing volunteers from the community – namely the Medical Reserve Corps in Genesee and Orleans counties – Pettit said he is open to enlisting as many people willing to help in the testing and vaccination process as possible. Currently, many citizens have stepped up on an individual basis to support the cause, he noted.

“We actually have had one (a Medical Reserve Corps) in Orleans County for many years now and the Genesee County Legislature approved expanding the Orleans County one into Genesee about a year and a half ago,” he said. “Medical Reserve Corps do have an important role to play in medical emergencies.”

Pettit admitted that the local MRS is not “overly robust and populated” but mentioned that Serve New York is the statewide program by which those – especially healthcare workers – can sign up to help out.

“As we need volunteers, we can call up and activate those members who are part of Serve New York,” he said. “They are automatically adopted into our Medical Reserve Corps … and we will be utilizing folks through Serve New York.”

He said that he is hopeful that by the time the campaign is over in “three, four, six months, we’ll have about 200 to 300 people in our Medical Reserve Corps because once we have them captive, we’re going to keep them.”

Other new information shared during the 50-minute presentation:

Current Statistics

Genesee County: 2,374 positive cases; 65,126 negative; 173 active cases in isolation; 489 in quarantine; 29 deaths; 1,854 have recovered, which means they have cleared the 10-day isolation period.

Orleans County: 1,342 positive cases; 34,209 negative; 195 active cases in isolation; 601 in quarantine; 61 deaths (mostly from long-term care facilities last spring); 914 recovered, which means they have cleared the 10-day isolation period.

Regionally (Finger Lakes): The Genesee County seven-day positivity rate is 11.2 percent and 14-day is 11.5 percent. The Orleans County seven-day positivity rate is 9.1 percent and 14-day is 8.4 percent.

Genesee County is higher than most of the region but is leveling off, Pettit said, adding that it could qualify for Yellow, Orange or even Red Zone status, but that Gov. Andrew Cuomo is “pivoting away” from micro-cluster analysis to focus on hospitalization rates.

Vaccination

Pettit said the University of Rochester Medical Center is the “hub” that oversees COVID vaccination in the Finger Lakes Region but that he is part of the task force that will help ensure equitable allocation of the vaccine.

“This is unlike anything we’ve ever seen in New York State,” he said. “The vaccine is flowing – coming in slowly – and we’ll get it to residents as quickly as we can.”

The first group of people – the 1A group – is being vaccinated, with 284 staff members at United Memorial Medical Center already receiving the initial dose.

He said the vaccine is not available to the general public yet and that aspect is under the control of New York State. He noted that those who try to circumvent the system are subject to revocation of their medical license and fines of up to $1 million.

Pettit revealed the number of people who qualify for the vaccine in each of the groups as follows:

Group 1A – 4,892 in Genesee County; 3,421 in Orleans County;

Group 1B – 13,000 in Genesee County; 9,000 in Orleans County;

Group 1C – 13,000 in Genesee County; 9,500 in Orleans County;

Bucket 2 – General public.

Pettit also said that testing will continue in both counties – on Tuesday and Thursday in Genesee and on Wednesday in Orleans – and that contract tracing, while “difficult and challenging,” also is ongoing, but is in the hands of state authorities after contacts are made by local health officials -- a fact emphasized by Stein as she opened the media briefing.

Stein: Stay Safe & Support Local Business

"Genesee County does the initial investigation on positive cases and identifies those who are positive," she said. "The process usually takes 24 hours of receiving a test result."

She said after that state contact tracers handle the cases and that is where the delay comes in -- sometime four to six days.

Stein asked residents to be patient with this process before encouraging them to support local businesses, especially restaurants, while continuing to follow the safety protocols.

Pettit also said the state has changed the 14-day quarantine period to 10 days to line up with Center for Disease Control guidelines.

When asked if the data provides any sense of hope, Pettit said the “hope is the vaccine.”

“Getting folks vaccinated, getting them protected – the most vulnerable. The nursing homes, seniors, those with underlying health conditions – that’s really where we need to focus right now,” he responded. “As we start to get them vaccinated and protected, I think that is going to put us in a whole different position as we start to move forward with risk and exposure potential, which I think is going to move us hopefully to where we need to be.”

Press release:

• Genesee County received 142 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.
• Sixty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the positive individuals are hospitalized.
• Twenty of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility.
• Eight of the new positive cases are residents at the New York State Veterans Home – At Batavia.
• Two of the new positive cases are residents of Genesee Senior Living.
• One of the new positive cases is a resident of Premier Genesee Center for Nursing & Rehabilitation.
• One of the new positive cases is a resident of the Batavia VA Medical Center.
• We are saddened to report the COVID-related death of a resident who resided at LeRoy Village Green Residential Healthcare Facility and a resident who resided at New York State Veterans Home – At Batavia.
• We are saddened to report the COVID-related death of a community resident under the age of 65 years old.
• We will not be releasing any further information to protect the privacy of the individual and their family.  Our deepest condolences go out to the families and friends of these individuals during this difficult time.

​

• Orleans County received 40 new positive cases of COVID-19.
• The new 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, 30s, 40s, 50s, 60s and 70s.
• Four of the individuals were on mandatory quarantine prior to testing positive.
• Sixteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-one of the current positive individuals are hospitalized.

Genesee County's positivity rate on a seven-day rolling average is 11.5 percent.

The Batavia Town Board this afternoon called for a “timeout” as it attempts to keep up with the changing landscape of the solar farm industry.

During a special meeting via Zoom videoconferencing, the board passed a resolution to hold a public hearing to consider Local Law No. 1 of 2021 entitled, “A Local Law, Establishing a Town of Batavia Moratorium on Solar Energy Systems.”

The public hearing is set for 7 p.m. Jan. 20 at Batavia Town Hall on West Main Street Road.

The board also voted to declare lead agency status with regard to an environmental review per the State Environmental Quality Review Act and will prepare an assessment form for this action.

Supervisor Gregory Post said that several key changes have taken place since the board passed the town’s solar ordinance five years ago.

“This is something that probably was going to be addressed during the course of the past 2020 year along with a revisit to our comprehensive plan and other things that were budgeted in our planning budget,” Post said. “We continue to work to be an energy efficient community – and have received a lot of grant money as a result – but so much has changed and now is the time for a review.”

Post pointed to the following aspects pertaining to community and large-scale solar projects that must be considered:

• New York State Article 10

“In my opinion, solar farms also serve as an ag protection plan in that the ground remains fertile and available for farming in the future,” he said. “But now, New York State has jumped in with Article 10 and started taking over towns' rights.”

He said that “giant corporate entities” are taking thousands of acres without local participation or control, specifically mentioning huge projects in Byron, Oakfield and Elba.

“I’ve also talked to the Town of Le Roy Supervisor (James Farnholz) and he was expressing some frustration in that they had spent an enormous amount of time and energy to come up with a solar law, only to have the governor and the state change it almost on the same day they were prepared to adopt it,” Post offered. “And it caused them to have to go back and revisit it.”

The supervisor said there’s much to learn about Article 10 (and a new state regulation to replace it).

“That’s another reason to hold things up until we all are better understanding of the Article 10 process and the changes to Article 10, and the experiences of other communities that are in Article 10,” he said. “Planning and zoning board members need to be educated about this stuff because it is a big deal and it is bound to be more time consuming than expected.”

• Building More Than What is Needed

Post said the recommendations of so-called experts has led developers to “overbuild capacity.”

“They’re building solar and wasting energy because the price to develop solar now is so cheap … instead of building what you need, they build 130, 150, 200 (megawatt) -- maybe three times what you need, and if you don’t have a place for it, that’s all right because it’s cheap to build,” he said. “That wasn’t the thinking five or six years ago.”

• Battery Storage

Post said the advancement in battery stations likely have expanded the solar farm feasibility map.

“At the outset, we were comfortable that there would be very few places available for solar development because of the need for the connectivity to part of the grid that was able to handle the output,” he explained. “There was essentially a limitation on the number and locations of solar because National Grid’s network wasn’t able to connect all these farms – it had to be where there was capacity and those places on that map were limited.”

Now, Post said that he and the town’s engineering staff suspect that the mapping has changed.

“With these battery things, maybe you can store it up and feed it back in little bits and quantity. So, we have to address it,” he said.

• ‘Hidden’ Costs to Municipalities

Post said increasing administrative costs are cause for a discussion about whether a tax should be imposed upon solar farms, which (to varying degrees) already are subsidized by tax dollars. Currently, the town does not tax property owners who are leasing land for solar.

“Again, five years ago we didn’t expect there would be any cost to service a solar farm. They got a driveway cut, and they don’t request any services from the town. There’s no need for police or fire or highway or water or sewer. Essentially, it’s like driving past a field of alfalfa – there’s nothing there. So, we weren’t looking to exploit that because we didn’t anticipate any costs,” he said.

Today, the town is “really seeing how expensive the administration of these applications is – with the engineering review and the decommissioning bonds and our attorney’s fee, and just the overall cost of the community’s resources because we are stretched thin,” he advised.

Post said he had no opinion either way but sees the need to get people to the table to look at the cost issue.

He said the moratorium will not affect solar projects that are in the pipeline – it should be noted that the town has permitted numerous solar farms thus far – and that “anything new coming in can wait 90 days or so.”

“Once the public hearing is held and we pass the moratorium, hopefully we will have more public participation … and hopefully we will be in a better place with COVID and have a better idea of our revenues,” he added.

Press release:

With all the negativity and anxiety that has run rampant through the public consciousness in the last year, as we move into 2021, I think we should look back at 2020 and take pride in the strength we showed as a people.

In a matter of months our lives were flipped upside down, as everybody from young children to the elderly had to adapt to the unthinkable circumstances we live with today. 

From getting used to mask wearing, bearing with new technologies, and learning to go with less physical contact from the people we love, we have all done our part to face this unprecedented challenge to both our public health and economic well-being.

As the distribution of the COVID-19 vaccine continues to accelerate in the months to come, I hope we can look to the future with hope and look back at these times in the same way we look at the sacrifices made by our greatest generation during World War II, as people changed the way they live for the sake of their neighbors and their country.

What I would like in 2021 is to see the ability to adapt to changing circumstances displayed by the people of our state emulated within our state government. Just as families throughout the state learned to tighten their budgets and focus on what’s truly essential in this period of hardship, our state Legislature should also look at cutting out spending we don’t need and focusing on what’s really important.

Wasteful spending on things like tax breaks for movie studios and extra political advisors for our Governor is unconscionable in a time when more small businesses and restaurants are being forced to close their doors by the day. 

This holiday season and throughout the year families looked within their own communities as they purchased gifts and necessities, and just as the people of our state have gone out of their way to support their local institutions, we should act as a state to support our small businesses, small landlords and restaurants that have endured a massive drop in revenue during the pandemic.

We should be talking with local stakeholders in these industries and talk about how they can do more, not less, business in our state, and what we can do to support their success in terms of both fiscal and regulatory policy. When small businesses succeed, families prosper, and in 2021 I want to bring the voices of small business owners to the forefront of our conversations in Albany, as they know better than anybody what needs to be done to help them grow and thrive.

2021 might end up being the best year we’ve seen in a long time, but only if the Legislature learns from its mistakes and acts with the same toughness and adaptability the people of our state have.

New Yorkers deserve a government as tough and as compassionate as they’ve been throughout this year, and I am hopeful that if the Legislature gets smarter with spending and listens more to people affected by the policies they create, that 2021 will be the dawn of a new and brighter day for our state.

With that said, I wish a happy and healthy New Year to all of my friends and neighbors!

Assemblyman Hawley represents the 139^th District, which consists of Genesee, Orleans and parts of Monroe counties. For more information, please visit Assemblyman Hawley’s Official Website.

Press release:

To maximize access to COVID-19 vaccines for all Americans, the U.S. Department of Health and Human Services (HHS) recently announced partnerships with large chain pharmacies and networks that represent independent pharmacies and regional chains throughout the 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands.

Tops Friendly Markets pharmacies are proud to be participants in this program.

Both Pfizer/BioNTech and Moderna have developed COVID-19 vaccines that have been authorized for emergency use by the FDA. Each vaccine is a two dose series. Once Phase 2 of the vaccine distribution begins and it is made available to retail pharmacies, Tops will follow the guidelines set forth by state and federal governments.

No official timeframe has been given on when that will be. The CDC’s goal is for every adult who wants a vaccine to have it by the end of 2021.

“Ensuring access and affordability of the COVID-19 vaccine for all Americans is a top priority for the Trump Administration,” said HHS Secretary Alex Azar. “We are leveraging the existing private sector infrastructure to get safe and effective vaccines supported by Operation Warp Speed into communities and into arms as quickly as possible with no out-of-pocket costs.

"The vast majority of Americans live within five miles of a pharmacy, and our new agreement with pharmacy partners across America is a critical step toward making sure all Americans have access to safe and effective COVID-19 vaccines when they are available.”

As trusted health resources, Tops Friendly Markets pharmacists and pharmacy interns are trained and certified through APHA, American Pharmacists Association, to give immunizations. They have also played a vital role in the public health response to COVID-19 by counseling patients and expanding access to childhood vaccinations.

“Tops Friendly Markets pharmacies are proud to be among one of the first sites receiving the COVID-19 vaccine as part of the U.S. Department of Health and Human Services (HHS) partnerships,” said Matthew Hamed, director of Pharmacy for Tops.

“As members of Topco, a network of independent retailers, we are able to offer the same opportunities for our customers as the larger chains. This partnership with HHS will allow our pharmacies to provide access to those who may not otherwise have access to the vaccine.”

“Since the onset of COVID, Tops has been at the forefront of providing a safe environment for our customers and associates," said Kristen Hanson, vice president of center store, our brands & pharmacy for Tops. "We have learned throughout the pandemic how to better protect and provide for those in our community.

"From providing our customers with essential food, cleaning, and other household supplies, and the PPE they need for their families, to implementing additional safety measures inside all of our stores so they could shop with confidence, Tops has been vigilant in its efforts. We will continue to be a part of the solution and look forward to our relationship with community partners and local health officials to make a positive impact.”

For more information on the roll out plan for the COVID-19 vaccination, customers may call consumer affairs at 1-800-522-2522, M-F 8 a.m. to 8 p.m., Sat-Sun 9 a.m. to 3 p.m.

A personal injury accident -- car vs. sign -- is reported in the parking lot of House O' Laundry, 427 W. Main St., Batavia. A person has a head injury; but is up walking and talking. There was air bag deployment. City fire and Mercy medics are responding.

Le Roy resident Mary Margaret Ripley shared this photo from last night of what appears to be a rainbow around the moon.

Press release:

• Genesee County received 52 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.
• One hundred and eighteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Thirty-four of the positive individuals are hospitalized.
• Seven of the new positive cases are residents at the New York State Veterans Home – At Batavia.
• Six of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility.
• Three of the new positive cases are residents of Premier Genesee Center for Nursing & Rehabilitation.
• One of the new positive cases are residents of Genesee Senior Living.
• We are saddened to report the COVID-related death of a resident who resides at Genesee Senior Living and a resident who resides at Premier Genesee Center for Nursing & Rehabilitation.
• We are saddened to report the COVID-related death of three community residents. Two of the residents were over 65 years old and one was less than 65 years old.
• We will not be releasing any further information to protect the privacy of the individual and their family.  Our deepest condolences go out to the families and friends of these individuals during this difficult time.​

​

• Orleans County received 63 new positive cases of COVID-19.
  • The new 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, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Eleven of the individuals were on mandatory quarantine prior to testing positive.
  • Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nineteen of the current positive individuals are hospitalized.

Williams was arrested after he allegedly unlawfully entering an occupied village residence at 3 a.m., while the occupants were asleep upstairs. They awoke upon hearing noises in the upstairs hallway and the homeowner confronted Williams at gunpoint, holding him until the police arrived.

It is alleged that Williams unlawfully entered the residence with intent to commit a crime therein and while inside the residence possessed a cell phone he used as a flashlight to assist in the burglary. No one was hurt during the incident and no shots were fired.

This investigation is ongoing and anyone with information or having similar incidents is asked to contact the Le Roy Police Department at 345-6350.

UPDATE Dec. 30, 6:23 p.m.: The defendant was released on his own recognizance after processing.

Press release:

During today’s legislative session, the Assembly Minority presented amendments intended to curtail the governor’s expanded authorities and provide greater balance and accountability in the “COVID-19 Emergency Eviction and Foreclosure Prevention Act” (A.11181). The Assembly Majority rejected each proposal. 

Earlier this month, members of the Assembly Minority wrote to conference leaders, including Assembly Speaker Carl Heastie, urging lawmakers to rein in Gov. Cuomo’s unilateral powers as soon as the Legislature reconvenes. Despite 10 months of expanded authority and laws created by executive order rather than the legislative process, the Assembly Majority declined to take action.

“Our constituents deserve to have their voices heard in our government, and I am saddened the Majority has decided to deprive New Yorkers of their representation in state government by allowing the Governor’s unnecessary executive authority to persist,” Assemblyman Steve Hawley said. “This authority has long outlived its usefulness, and at this point a return to normal, constitutional governance is overdue.”

In addition, the Assembly Minority offered amendments to add protections for small businesses and small landlords also suffering losses as a result of the COVID-19 economic collapse. The “COVID-19 Emergency Eviction and Foreclosure Prevention Act” creates a hardship declaration that effectively ends residential eviction and foreclosure proceedings until May 1. Members of the Assembly Minority proposed the same protections provided to residential tenants be offered to small landlords and businesses as a way to alleviate financial pressures and allow thousands of job creators and individuals to begin their recovery.

    The three amendments proposed today intended to:

• Restore legislative checks and balances for emergency declarations exceeding 45 days and ensure judicial due process rights for any actions that affect fundamental constitutional rights (A.10546, Goodell).

• Provide the same protections extended to residential tenants in A.11181 to small businesses also facing mortgage and tax foreclosures. Also extend foreclosure protections to small landlords who are not covered by the bill in chief.

• Require hardship declarations to include a statement, under penalty of perjury, that tenants have used their best efforts to obtain all available government assistance for rent or housing, and to make timely partial payments that are as close to full payments as their circumstances permit.

Press release:

The City of Batavia is requesting proposals from qualified agencies to provide Afterschool Programming/Youth Services and Summer Recreation Program for eligible youth from the City of Batavia for the 2021-2022 fiscal year.

To be considered, the City must receive the proposal in the City Manager’s Office by close of business Jan. 15.

Interested parties can find the RFP on the City's website using this link, or request a copy by contacting the Manager's Office at 345-6333.

Rachael Tabelski
Interim City Manager

Press release:

Data Update – Including data since Thursday, Dec. 24^th after 2 p.m.

Due to the increased numbers from the holiday weekend, we anticipate to have the data updated over the next couple of days in order for staff to make sure the date is properly vetted.

• Genesee County received 101 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.
• One hundred and forty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Correction: Six recoveries have been retracted from today’s number as four previously reported are residents of the NYS Veterans Home at Batavia and two are residents of Le Roy Village Green Residential Healthcare Facility. Persons reported recovered are community members only. 
• Thirty-eight of the positive individuals are hospitalized.
• Three of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility. 
• Three of the new positive cases are residents of Premier Genesee Center for Nursing & Rehabilitation.
• Two of the new positive cases are residents of Genesee Senior Living. 
• Two of the new positive cases are residents at the New York State Veterans Home – At Batavia. 
• One of the new positive cases is a resident at The Grand Rehabilitation and Nursing at Batavia. 

• Orleans County received 80 new positive cases of COVID-19.
• The new 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, 30s, 40s, 50s, 60s, 70s, 80s and 90s. 
• Fourteen of the individuals were on mandatory quarantine prior to testing positive.
• Seventy-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Eighteen of the current positive individuals are hospitalized.
• Nineteen of the new positives are inmates of the Orleans Correctional Facility.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.25, up 3 cents from last week. One year ago, the price was $2.57. The New York State average is $2.32 – up 2 cents from last week. A year ago, the NYS average was $2.70.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.25 (up 2 cents since last week)
• Buffalo -- $2.27 (up 3 cents since last week)
• Ithaca -- $2.29 (up 3 cents since last week)
• Rochester -- $2.30 (up 3 cents since last week)
• Rome -- $2.37 (up 2 cents since last week)
• Syracuse -- $2.29 (up 3 cents since last week)
• Watertown -- $2.36 (up 3 cents since last week)

Two factors have contributed to driving up prices at the pump: rising crude oil prices and tightening supply. The domestic price of crude (WTI) has been steadily rising since November, reaching levels not seen since February, before stay-at-home guidance was introduced across the country. Prices began to rise last month alongside vaccination news and have only increased with it becoming available.

Reports from the Energy Information Administration show that U.S. gasoline supply levels are healthy, but could tighten in weeks ahead amid refinery consolidations in the northwest and maintenance in the upper Midwest.

Even with holiday demand increasing, overall demand still remains at an extremely low level. AAA believes this factor will impact gas prices, pushing them cheaper in January.

From GasBuddy:

"Average gasoline prices continue to move higher in most areas as retail gas prices continue to follow the rising price of crude oil which remains near the highest level since COVID-19 began in March," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"Seasonal factors have sat in the backseat compared to a modest recovery in demand and a healthy dose of optimism that a COVID-19 vaccine will bring normal demand levels in the coming year. For now, it's not the best news for motorists as I expect gas prices may continue their ascent, but while it won't last forever, it's likely a sign of what's to come in 2021 -- higher prices.

The year ahead will be likely marked by recovery in the pandemic and rising demand, and for motorists interested in what's coming to the pump GasBuddy will be releasing our 2021 Fuel Price Outlook in the days ahead, which will hopefully give motorists some idea of what to plan for in terms of pain at the pump."

Brodes J. Gibson, 59, of Bank Street, Batavia, is charged with second-degree assault and criminal possession of a weapon in the third degree. Gibson was arrested on an unrelated incident by Medina PD and later turned over to Batavia PD on a City of Batavia Court arrest warrant. The local charges stem from a domestic incident at 3 a.m. Oct. 20 at a lower apartment on Bank Street in the city. Gibson allegedly stabbed a person with a knife. Following arraignment, he was jailed without bail. He was due back in court on Dec. 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested Dec. 19 after an investigation into an incident at 3:38 p.m. Dec. 19 at an upper apartment on Maple Street in Batavia. It is alleged that he violated a court order and burglarized a residence. He was arraigned in Batavia City Court and put in jail. Bail status not provided. He is due back in court on Jan. 25. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Wesley Rissinger.

Aaron Michael Hatt, 24, of Broadway Road, Alexander, is charged with: operating a motor vehile while impaired by drugs; driving while impaired by a combination of drugs and alcohol; aggravated unlicensed operation in the third degree; unlicensed operation of a motor vehicle; vehicle at a standstill on a public highway. Hatt was arrested at 9:22 a.m. on Dec. 24 on Old Creek Road in Alexander after an investigation of a vehicle parked in the roadway with a male slumped over the wheel. He was issued tickets and is due in Alexander Town Court on Feb. 9. The case was handled by Genesee County Sheriff's Deputy Jacob, assisted by Deputy Ryan DeLong.

Jason W. Wolf, 44, of Maple Street, Batavia, is charged with: insufficient turn signal; consumption of alcohol in a motor vehicle; refusal to take a breath test; aggravated unlicensed operation of a motor vehicle in the first degree; and unlicensed operator. Wolf was arrested at 8:30 p.m. on Dec. 20 on Elm Street in Batavia. The arrest was made after a complaint about an allegedly intoxicated driver on East Main Street. The vehicle was located and a traffic violation was allegedly observed. Wolf was arraigned in Batavia City Court and put in jail. Bail status not provided. He was due to return to city court on Dec. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

A possible chimney fire or furnace problem is reported at 1173 Gabbey Road, Pembroke.

Pembroke fire, Indian Falls fire, and City of Batavia's FAST team is dispatched.

UPDATE 10:41 p.m.: The caller at the residence contacted a commander at City fire and informed the commander that sparks and/or flames could be seen coming out of the top of the chimney. A service provider had advised the caller that the company would check on the chimney tomorrow. The commander advised the caller to evacuate. The Indian Falls chief is asking City fire to continue nonemergency. The residence is being evacuated per the emergency dispatcher.

UPDATE 10:45 p.m.: Chief on scene reports nothing showing.

UPDATE 10:47 p.m.: City fire can go back in service. No fire.

All day long sledders of all ages enjoyed being out in Centennial Park. The winter fun and tradition continues. 

Photos by Jim Burns.

A reader from Corfu submitted this photo.

Growing up in Batavia in the 1950s provided kids with a lots of opportunities for winter outdoor fun. There were a couple reasons for this: first, there was a lot more snow to play in.

The average temperature in this area has risen almost a degree and a half in the last 50 years and the average low temperature has gone up double that amount. Even though we receive more winter precipitation, a lot of it falls as rain. You can't really build a rainman or have a rainball war.

Secondly, there are a lot more indoor electronic entertainment options now. I'm not gonna go all grumpy old guy (although I sometimes am him) and criticize kids for phones, video games, etc.. It's just a different time.

All Bundled Up

Back then in order to make it through a snowy cold outdoors day, kids had to dress warmly. This involved a lot of bulky clothes and some help from your mother. I have mentioned the movie “A Christmas Story" in my reminiscences before, but if you picture Ralphie's little brother Randy having so many clothes on that his arms wouldn't stay down, that describes us perfectly.

A bittersweet memory for me is that in 1997 my mother had a heart attack. The doctor told us that it was fatal and she only had a short time to live. As I sat trying to comfort her, I asked, “Mom, what's your favorite memory from when we were kids?” She replied, “ I think it has to be you guys (I had two younger brothers) going out to play in the snow.”

Until age 10 I lived on Thomas and Ellicott avenues, so sledding at the State (Street) Park (now known as Centennial Park) was one of our winter activities. It was a pretty short walk there with our wooden Flexible Flyer sleds and we'd stay there all afternoon until our hands were frozen into our mittens.

I recall that over toward the west end of the park hill there was a tree that for some reason had a raised earthen circle around its base. It wasn't that high, but everyone tried to start from it to get a little extra boost in speed.

In 1957 we moved to North Spruce Street and had a lot more yard room to make snow forts and have snowball wars. Also, in the late '50s and through the '60s we got a LOT of snow.

Like most kids then, we did get ice skates for a Christmas present one year. I never did enough skating to be any good at it, but I do remember going to a rink at Williams Park on Pearl Street. One time my friend Charlie's older teenage sister who could drive dropped us off and agreed to be back at a certain time. Well, she was a teenager so she was late. Very late. By the time she got there we were on the verge of crying because our feet were so cold. I think Charlie blistered her ears pretty good as we drove home to thaw out.

On Jan. 15^th 1994 I went to the coldest game in Buffalo Bills' history, a playoff game against the (then) Los Angeles Raiders with a wind chill of -32 degrees. My feet did not get as cold as that day skating in Batavia. Mostly because I was prepared with three pairs of socks and felt-lined boots. Also, because a teenage girl didn't go necking with her boyfriend and leave me there.

When we moved to North Spruce we were the last house on the east side of the street. A couple years later someone began constructing a house on the lot to our north.

Something got delayed and the basement walls were poured, but then it was left open and water got in there. We discovered by climbing down a wooden ladder that there was a sheet of ice there when the water froze. So one winter before it was closed in, we'd go down there and play hockey. Well, hockey as played by several kids who really couldn't skate on a rink about 25-yards long.

Snowball Shenanigans

Snowball wars were usually fun unless you caught one in the face. When we lived on North Spruce Street we used to go to East Main Street and bombard semi-trucks. On the north side of Main between North Spruce and Eastown Plaza there was a hill with apartment buildings on top (I'm not sure how long the hill has been gone, but I only noticed it recently). We'd go up there at night and launch our icy missles at the rear part of the trucks as they lumbered by.

While living on Thomas or Ellicott avenues my younger brother Dan and I used to take hikes out State Street Road to the airport and back. In the cold weather Mom would pack us some sandwiches and a thermos of chicken noodle soup to fortify us on our journey.

One time though snowballs got us in trouble. We got the less-than-brilliant idea to throw them at cars on the New York State Thruway from the State Street Bridge. A State Trooper saw us, turned on his flashing lights, pulled over, and came up the embankment after us. We were too terrified to run (we were probably 9 and 6 years old) and appropriately froze to the spot.

The trooper gave us a good chewing out and told us if he caught us endangering drivers like that again he'd put us in his car and take us to our house. He ordered us to be sure to tell our parents what we had done, but I can't remember if we actually did or not. That might have been one of those cases like climbing the water tower when you told them years later -- when there was no chance of punishment.

Getting the Boot

Another memorable winter incident happened on Cedar Street. My aunts Kate and Peg lived by the sand wash (now DeWitt Recreation Area) and one snowy day my brother and I had been playing somewhere past there by either the Peanut or Lehigh Valley railroad tracks.

On the way home I decided to take us on a shortcut by skirting the icy edge of one of the ponds. Suddenly, my boot sank into the snow and water started coming up around it. I was overcome by fear since us kids had heard that those ponds were hundreds of feet deep. I pulled and tugged, but my booted foot was stuck solidly.

Dan started toward me to help, but I yelled at him to get back fearing the extra weight. I yanked my leg one more time and my leg came free but the boot stayed entrenched in the slush.

I scrambled up the bank onto solid ground (under the snow), but momentarily debated in my mind whether to try to get the boot. I had seriously pictured the ice giving way and me sinking underneath so it wasn't much of a choice. I was getting the heck out of there.

I began running as fast as I could with only a wet sock on my foot through the cold and snow to our aunts' with little brother tagging behind.

As I was running, already my devious kid mind, while glad to be alive, was thinking of a way to get out of trouble. We had been warned many times to stay away from those ponds.

Aunt Kate's face turned white as I came bursting through the door possibly crying (although mostly fake I think) and blurting out a story about how I made a mistake and my boot got stuck in some water and I had to run miles (maybe a quarter of a mile) through the snow in my sock and that I'd never go near there in the winter again, and so on.

I don't think I ever saw Aunt Kate wear anything but what she called a “house dress” and she was certainly not an “outdoorsy” person, but she took Dan and went and retrieved my boot. I don't think I ever asked how, but she lectured me at length about going near the water. I don't think she ratted me out to my parents though.

At some point in the late '50s, not too long after we moved to North Spruce Street, my dad had to have surgery, so at age 11 or 12 I became responsible for shoveling the driveway. As I mentioned earlier, we got a lot of snow those winters and it was a constant battle for a kid to keep that passage cleaned out.

We had not added a garage onto the house yet, so fortunately for me my mom would park close to the street so I wouldn't have to shovel too far. I remember that she would give me the keys to start the car up and I would take breaks in there. We probably had something like a 1956 Pontiac and I'd listen to The Tommy Shannon show on WKBW radio with The Rebels playing “Wild Weekend."

Drifting Away

In the rear of our ranch-style house on North Spruce Street we had a picture window in the living room. I can recall several winters where my brother and I were sent out to shovel the windblown snow away from it so we could see out. Also, I remember drifts in the front that went up almost to the level of the rain gutters.

I would be remiss if I wrote about memories of snow in Batavia without mentioning the blizzards of 1966 (one of my previous stories was about my adventures during that epic event) and 1977. So many Batavians recall being stranded for days, getting groceries by snowmobile, and cars being buried in the piles of snow until spring.

Judging by the large number of former Batavians who have moved to Florida and other Southern environs, not everyone shares my fondness for winter nostalgia. However, I still enjoy the change of seasons in Upstate New York, but will admit that I wouldn't complain if it only snowed on Christmas Eve and Day (which it rarely does). Nonetheless, sometimes in the winter I'll “drift” off to sleep thinking of my kid days in snowy Batavia, New York.

Top photo: Dave Reilly (left) with brothers Jim and Dan 1960.

Middle two color images: Before and after photos of little Dave when a sled ride went bad.

Bottom two photos: Two views of the back of 122 N. Spruce St., Batavia, circa early 1960s.

Photos courtesy of Dave Reilly.