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Update 12:35 p.m. with comments from Interim Superintendent Jared Taft:

"This has been almost a year in the planning process with the board (of education) ... and we feel that we have put together a responsible project with zero tax implication," Taft said, adding that is a scaled down version of a similar proposal that was defeated in late 2018.

See the body of the story for Taft's comments on specifics of the project.

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Alexander Central School District voters on Wednesday passed a capital project proposition that authorizes construction, reconstruction and equipping of school buildings and facilities, including elementary school building reconstruction and demolition and the replacement of the existing transportation facility.

The vote was 113 in favor and 90 against.

According to information on the district’s website, the project is expected to cost up to $15 million, with $11,830,000 of that amount (79 percent) to be covered by state aid. The remaining $3,170,000 cost is to be covered by district’s capital reserve and current funds.

Specifics of the project are as follows:

Classroom Modernization and Accessibility – Renovation of select classrooms at the elementary school, new accessible toilet rooms, and minor renovations at the high school, including Freezer and Agriculture/Science, Technologoy, Engineering and Math classroom.

Taft said work at the elementary school consists of taking care of the water problems in the basement and with the gymnasium floor, making enhancements to the scanner system at the entrance and redesigning the stairway for safety purposes.

Transportation Facility – Construction of a new transportation building and fuel island, and realignment of traffic areas.

Taft said water damage also is an issue with the transportation building, which he said is well beyond its useful life. He said the project calls for a "modest bus garage" with two bays (one with a lift), along with a training room, storage space and break room.

Vehicle and Pedestrian Safety – Reconfiguration of the roadway, traffic calming design, sidewalk connection through the campus, and construction of a barrier to separate buses and cars.

Taft said the parking lot will be reconfigured to make it "tremendously safer" -- including curbing and islands and a bus turnaround. He also said that upon completion, pedestrians will be able to walk continously on the sideway from the elementary building to the main road.

Genesee County legislative action to schedule a public hearing on a local law to compensate coroners for time spent on extraordinary cases is welcome news to Jeff McIntire, a recently retired county medical examiner who worked 260 hours following the tragic plane crash off Boyce Road in Corfu on Oct. 2.

The crash resulted in the deaths of prominent attorney Steve Barnes, the pilot, and his niece, Elizabeth Barnes, who also practiced law.

“I’m pleased,” said McIntire, speaking by phone from his new home in West Palm Beach, Fla., where he has relocated following his Nov. 15 resignation as a county coroner. “It is good to know that if it does happen again, some provision is in place to make sure the coroner will get paid appropriately.”

Legislators, at their regular meeting tonight via Zoom videoconferencing, voted in favor of setting the public hearing on Local Law Introductory No. 3 for 5:30 p.m. Jan. 13 at the Old County Courthouse.

If passed, the law will enable lawmakers to consider additional pay for elected or appointed coroners for a fixed term – beyond a negotiated $100 stipend per case (deceased individual) – when a catastrophic event occurs.

County coroners also receive an annual stipend of $1,500 – paid throughout the year on regular paydays – but do not receive mileage reimbursement.

McIntire not only worked an inordinate number of hours during the plane crash investigation, but also lost wages as a result of not being able to work his regular job.

“As coroners, we understand that it’s not a job that you get into to make money, but on the other hand, this was a situation where wages were lost,” he said.

Apparently, legislators agree and have taken steps to instill some flexibility into future compensatory matters.

McIntire, who served more than five years as a county coroner, said he plans to submit his hours to Genesee County as the proposed law stipulates that “any coroner may submit a claim retroactively to Oct. 3, 2020, by a submittal in writing, which details the services rendered and the times and dates of the same.”

An emergency medical technician, McIntire said he is working as a full-time scuba instructor at his new residence in the Sunshine State.

County Republican Party leaders reportedly are seeking someone to replace McIntire. The other county coroners are Karen Lang, Tom Douglas and Adam Palumbo.

In other action, legislators:

-- Passed four amended resolutions relating to tax equalization tables, taxable assessed valuation tables, and tax warrants for the county’s towns and City of Batavia that slightly changed the figures due to a court-ordered assessment reduction on a parcel of land in the Town of Pembroke.

Deputy County Treasurer Kevin Andrews brought the matter to the board’s attention in time for amendments, avoiding the need to pass revised amendments at a future legislature meeting. He said that the court lowered the parcel in question’s assessment from $2.9 million to $2.6 million.

As amended, the taxes for the towns based on 2020 assessment rolls are as follows:

• Alabama, $1,726,593.76;
• Alexander, $2,134,938.83;
• Batavia, $7,460,274.92;
• Bergen, $2,821,306.39;
• Bethany, $1,664,249.96;
• Byron, $2,443,824.80;
• Darien, $3,257,061.47;
• Elba, $2,536,131.54;
• Le Roy, $5,788,202.93;
• Oakfield, $2,398,440.44;
• Pavilion, $2,040,817.01;
• Pembroke, $3,999,315.92;
• Stafford, $2,416,914.48;
• Total, $40,688,072.45.

The county’s share of the total amount collected for the 2021 tax year is $27,761,253.04.

The 2020 total was $39,419,355.44, with $27,734,757.10 being the County’s share.

The City of Batavia’s share of the tax levy for 2021 is $6,058,672.57, which is about $60,000 less than the 2020 tax levy.

-- As previously reported on The Batavian from a legislative committee meeting, gave formal approval to a local law setting salaries of the following county officers, effective Jan. 1:

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

Previous: Legislature proposes local law for discretionary coroner pay for catastrophic events

Major League Baseball Enterprises Inc., a multinational corporation based in New York City, is killing off professional baseball in Batavia.

That's an oversimplification but that is likely the end result.

The New York-Penn League, founded in Batavia in 1939, is breaking apart -- though a smaller independent league may survive -- and since the NY-P owns the Muckdogs, the league in its new form, if it survives at all, won't have the wherewithal to operate a baseball club in Batavia.

Today, MLB announced that its Major League teams have selected their affiliates for the 2021 season and Batavia is not on that list.

Only four NY-P teams are on the list.

Some NY-P teams have chosen to join what will be known as the MLB Draft League. The new league will consist of collegiate players who compete on a limited schedule from May until the All-Star break when the MLB will conduct its annual amateur draft.

For more than a year, MLB and MiLB have been in negotiations over a new operations agreement, with the number of Minor League teams being reduced by at least 40 franchises.  That plan also would have eliminated the Muckdogs as a Major League-affiliated team.

The plan announced today goes a step further by eliminating the MiLB completely. MLB teams will have license agreements (they'll no longer be known as franchises), with each affiliated team and the Minor League system will be operated out of the MLB offices in NYC.

It's unclear if the owners of the 120 teams being offered license agreements will agree to the MLB terms. They just received the proposed contracts today.

Red Wings Gave it Their Best Shot

In 2008, the Genesee County Baseball Club, owner of the Muckdogs at the time, entered into a 10-year operations agreement with Rochester Red Wings. The Red Wings operated the team at a loss for those 10 years but the agreement gave them a 50-percent ownership stake in the team.

In 2018, the NY-P would not allow a new operations agreement and took over ownership of the team with an agreement that would allow the NY-P to recover its operating losses from any eventual sale of the club. The GCBC, a community-owned organization, would receive any money left from the sale that wasn't paid out to the Red Wings or the NY-P.

It is unclear if any of the financial stakeholders in the Muckdogs will be compensated for MLB's apparent unilateral elimination of the team.  

Ben Hayes, commissioner of the NYPL, said he's asked the question directly and hasn't gotten an answer.

Naomi Silver, chief executive officer of the Red Wings, said she also doesn't know whether the Muckdogs owners will be compensated for the loss of the team. 

An attorney who specializes in antitrust and business competition law, Luke Hasskamp, with Bonalaw, based in Los Angeles, said Major League Baseball and Minor League Baseball are both protected by an antitrust exemption that prevents those harmed by MLB's actions from filing an antitrust claim. 

Major League Baseball is a legal monopoly.  

Where to Go from Here?

The legal options for the Muckdogs stakeholders are limited, he said. The last affiliation agreement the Muckdogs had with a Major League team, the Miami Marlins, expired after the unplayed 2020 season, so there may not be a breach-of-contract claim. 

Other legal options don't seem to apply to the Muckdogs, such as claims that the stakeholders made financial commitments and investments based on a promised continued relationship. Since the Muckdogs have been under a cloud of financial hardship -- making them a target for acquisition and relocation -- there are no apparent promises of continued play in Batavia.

The commissioner's office, with its new plan for player development, is not specifically eliminating the Batavia Muckdogs. The lack of an affiliation with a Major League club, however, along with the upheaval in the NY-P caused by the new alignment, makes it impossible to operate the Muckdogs as a professional baseball team, causing its estimated $6 million value to evaporate. 

Asked if the stakeholders could claim the MLB unjustly deprived them of appropriate compensation for making the Muckdogs as a financial asset valueless, Hasskamp compared the idea to eminent domain, but said since MLB is a private organization any such comparison does not legally apply.

"It’s an interesting argument, not one I have thought through much, but it’s challenging, in my opinion, not only because MLB isn’t a public entity because also, as you pointed out, MLB isn’t really taking property," Hasskamp said. "It’s just taking action that will impact the value of others’ businesses. This may be relevant to a party’s damages."

At the end of that email to The Batavian, Kasskamp said, "One other thought: It will be interesting if this stirs any greater interest in Congress to revoke baseball’s antitrust exemption. These contractions are going to impact a number of communities / congressional districts, and more than 100 congressmen noted their displeasure when the contractions were first announced."

Will Schumer Keep Fighting for Batavia?

On a couple of recent visits, we've asked Sen. Charles Schumer, a die-hard baseball fan, if he would pursue legislation to revoke MLB's antitrust exemption. He didn't give a direct answer. He just promised to keep fighting to save teams like the Batavia Muckdogs and Auburn Doubledays.  

This afternoon, we asked a member of his staff for a statement and clarification on Schumer's position on the antitrust exemption and didn't get a response.

Today, in a phone conversation, Hayes offered no hopeful take on the future of the Muckdogs given today's announcement, other than to say there is still much that is unknown about the MLB plan and how Minor League team owners will respond to the license offers.

Silver said the team owners haven't even had a chance to fully review the contracts and discuss the best course of action. She said she's hopeful the Red Wings will be made whole for their losses incurred while operating the Muckdogs.

"We're sad to think there will be no Muckdogs baseball in Batavia," Silver said. "We worked hard for 10 years to try and save the team."

She noted that Batavia is not the only community suffering a loss of a team because of the MLB's decision.

"Batavia is not being singled out," she said.

Tabelski: Games Will be Played at Dwyer

While the prospect of a professional baseball game ever again being played in Batavia seems dim, that doesn't mean there won't be organized baseball played at Dwyer Stadium in the coming years.

Rachael Tabelski, interim city manager, said she has been contacted by representatives from collegiate leagues (often called wooden bat leagues) and semi-pro leagues looking to move into Dwyer. She said the city has yet to respond to those inquiries because there is still a contract in place with the NY-P that gives the league control of what baseball is played in the stadium. Unless and until that contract is resolved, the city can't find a new tenant. 

There will be a tenant in Dwyer again, Tabelski said. 

"As somebody who grew up going to Clippers and Muckdog games, it's very sad to think about losing the team," she said. "I think it's very difficult to look at losing the baseball team we've loved, but there will still be an opportunity for baseball in this town."

And the next team to make Batavia home could very well be called the Muckdogs. The Genesee County Baseball Club has retained the rights to the Muckdogs trademark (it was recently renewed).

Press release:

Data Update:

• Genesee County received 46 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Pavilion and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Fifty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-one of the positive individuals are hospitalized.
  • One of the new cases is a resident at the Grand Rehabilitation and Nursing at Batavia, two of the new cases are residents at Premier Genesee Center for Nursing & Rehabilitation, and two of the new cases are at the VA Medical Center.
  • One of the previous community active cases has been identified as a resident of the Grand Rehabilitation and Nursing at Batavia.
• Orleans County received 37 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Murray, Yates, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
  • Thirteen of the individuals were on mandatory quarantine prior to testing positive.
  • Six of the previous positive individuals have recovered and have been removed from the isolation list.
  • Six of the current positive individuals are hospitalized.

Press release:

Looking for that perfect last-minute gift? A stocking stuffer for that sports-car buff in the family? How about a new ‘Vette? 

OK, so a chance on one. And more likely, just in time for Valentines’ Day. Either way, the odds are decent. 

Batavia Rotary Club has reintroduced its popular Corvette Raffle.

“We took a break for several years, but realized it was time to bring it back” says Rotarian and event chair Lisa Ormsbee. “The raffle raises money for all of Rotary’s good causes locally and worldwide. And we sell only up to 3,999 tickets.” 

Tom Turnbull, 2020-21 Rotary president, adds “We’re thrilled to be able to bring back this project after several years’ hiatus. 2020 will surely go down in history as one to remember. We are happy to be back doing what we do best: supporting our communities. All proceeds support Rotary’s charitable causes, which this year included $20,000 in direct COVID-19 relief, in addition to support of a dozen or more community nonprofits who take care of so many needs right here in Genesee County.” 

Tickets are $50 each or three for $100. Donations are fully tax deductible.

First prize is a new 2021 Corvette or $40,000 in cash, with 10 second prizes of $500 each. The drawing will be held on Feb. 6. Tickets may be purchased from any Batavia Rotarian, or online.

“Or ask your Rotarian friend to mail you one or three tickets, and take care of it that way,” says Ormsbee. “Either way you’re doing a lot of good, and who knows, you might be driving around in style next Spring!” 

The Just Kings Community Organization and Adam Miller Toy and Bicycle are teaming up to make the Just Kings Toy Drive as easy as 1-2-3 to donate.

Adam Miller is offering $30 Gift Certificates for $20.20, and has extended this offer to anyone who wishes to buy one for the Just King’s Toy Drive. Simply stop by the store at 8 Center St. or call (585) 343-0548 and they will be happy to take your order over the phone.  

Adam Miller’s is a hometown favorite, featuring classic and educational toys, activity kits, bicycles, puzzles and the most interesting collection of stocking stuffers around. This charming, old-school toy store comes complete with old wood floors that squeak a bit -- a quaint welcome as you walk through the doors and browse

The Just Kings continue to work and mentor youth in our area, and have held a host of community outreach events and fun activities like their Trunk or Treat Halloween, Thanksgiving Food Drive, Book Bag Giveaway, and neighborhood summer celebrations galore.

You are also welcome to donate gently used toys for newborns to age 12. They will brighten some child's Christmas morning.

The toy drive is underway through Dec. 21.

Toys can be dropped off at Royals Barber Shop, 317 Ellicott St., Batavia.

Genesee County Planning Board members are in for a busy night on Thursday as 14 project referrals are on their monthly meeting agenda.

The meeting will take place via Zoom videoconferencing at 7 o’clock.

Four of the referrals -- including a site plan review for a new state-of-the-art LandPro sales, storage and maintenance facility in the Town of Batavia -- are coming to the board following initial action taken by the Town of Batavia Planning Board last week.

LandPro, dealer of John Deere tractors and equipment, is lined up to build what Paul Williams, operations manager/north, says will be the company’s “main hub for technology” at 4554 W. Saile Drive – on a 14-acre parcel just east of Vantage Equipment at the corner of Call Parkway.

“This will be a full-servicing John Deere dealership and that will include agriculture as we know it, turf, all turf products and a limited, what we call a compact construction equipment (facility),” said Williams, who is in charge of half of LandPro’s 20 stores in New York, Pennsylvania and Ohio. “Additionally, it will be our main hub for technology – our integrated solutions as we call it – GPS (Global Positioning System) and all of the fancy technology that is in our equipment.”

Williams said technology has made its way to the forefront over the past 15 to 20 years.

“It continues to grow and continues to be an extremely critical piece of our business,” he said. “The machines are now talking to us, they’re talking to John Deere at the factory and we’re getting early warning signs of failures so we can be on site before things fail.”

He said the tractors, by utilizing GPS, have the capability to be within an inch of accuracy as they drive down the rows of corn, for example.

“The technology is very, very high at this point, and it continues to grow. That’s why this facility will not only be state-of-the art and our largest shop, but it will also house our high-technology product division,” he said, adding that LandPro is partnering with Stihl and Honda products for handheld supplies and generators.

When asked if the new location would replace the John Deere stores in Oakfield and Alexander, Williams said that “eventually, they probably will (close) but we want to make sure that we can still serve the capacity of the customers in that geography … before we close those locations.”

“So, we’ve got a little bit of work to do – but that is the long-term plan,” he said.

Williams said that 60 to 65 employees will work out of the new building, which is expected to be completed in the spring or summer of 2022, with current workers in Oakfield and Alexander relocating to West Saile Drive.

He didn’t disclose the amount of investment into the facility, which shows 13,000 square feet for retail sales, 5,000 square feet for parts storage and 28,000 square feet for maintenance, but without question, it is a multimillion dollar venture.

LandPro will seek tax credits through the Genesee County Economic Development Center and grants through National Grid, Williams said.

Other highlights of Thursday’s Genesee County Planning Board meeting:

• A site plan review and area variance for a four-story, 140,000-square-foot medical office building proposed by Rochester Regional Health at 8103 Oak Orchard Road (Route 98), near Call Parkway, in the Town of Batavia. The facility will have 90,000 square feet for office space and 63 of its 360 parking spaces in a lower-level parking garage.

• Special use permits and an area variance for a pair of solar projects named Trousdale Solar I and Trousdale Solar II at 5117 Ellicott Street Road, Batavia. The first phase is a 5-megawatt array covering 18 acres of a 65-acre parcel while the second phase is a 4-megawatt system covering 19.6 acres on a 71-acre parcel. Pending recommendation of approval (with modifications) from county planners, it will go to a public hearing conducted by the Town of Batavia Planning Board.

• A special use permit for two ground mounted commercial solar systems, one generating 5.3 megawatts and the other generating 6.6 megawatts, at 7984 Tesnow Road in the Town of Pembroke. The applicant, Solar Liberty Energy Systems, Inc., of Buffalo, wishes to place the solar array on property owned by Kreher Brothers LLC of Clarence.

• A site plan review to change the use from professional office space and art studio to a medical office for acupuncture and physical therapy at 10 Lake St. (Route 19) in the Village of Bergen. Documents submitted by applicants David and Anna Marie Barclay reveal a plan to use about half of the building’s lower level for their clinic, which will have four employees.

• A site plan review to relocate Precious Paws to an existing commercial building at 10571 Main St., Alexander. Plans submitted by the applicant, Alicia Brenkus, call for slight modifications to convert a former pizza shop to the owner/operated dog grooming business.

Previously: Rochester Regional Health plans to build four-story medical office building in the Town of Batavia

Press release:

Interim City Manager Rachael Tabelski announced today the appointment of Raymond Tourt as the Director of the Department of Public Works.  

Tourt has served the City for 22 years in various capacities including Assistant City Engineer and currently as the Superintendent of Maintenance.

During his tenure, he has successfully completed multiple infrastructure projects to include over 10 federal aid projects, other responsibilities have been streets, sewers, parks, snow and fleet operations. He currently oversees 23 employees in the Bureau of Maintenance.  

As the Director of the City of Batavia Public Works, Tourt will oversee the Bureau of Water, Wastewater, Bureau of Maintenance, Bureau of Inspection and Bureau of Engineering.  

“I am excited to continue to work with Ray in his new role as the Director of Public Works," Tabelski said. "The City is undertaking numerous capital projects and his knowledge and leadership will ensure that these projects move forward to successful completion. He is a dedicated and knowledgeable member of the City staff and I know he will be well received in his new role."

Tourt will serve as Acting Director of Public Works for the next four weeks until the retirement of the current Director, Matt Worth, at which time he will be appointed provisionally. 

The City of Batavia encourages all citizens to welcome Tourt in the position of the Director of Public Works. Tourt lives in the Town of Batavia with his family.

Press release:

Data Update:

• Genesee County received 21 new positive cases of COVID-19.
  • The new positive cases reside in Batavia, Bergen, Bethany, Byron, Elba, Le Roy, Oakfield and Pembroke. 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, and 70s. 
  • Fifty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Seventeen of the positive individuals are hospitalized.
  • We received notification of two deaths of community members. Both of the individuals were over the age of 65. To protect the individual and their family we will not be releasing any further information. We express our deepest condolences to the family and friends of this community member during this very difficult time.

​

• Orleans County received 23 new positive cases of COVID-19.
• The new positive cases reside in Albion, Barre, Clarendon, Gaines, Kendall, Murray, Yates, Ridgeway and Shelby.
• The individuals are in their 20s, 30s, 40s, 50s, 60s, and 70s.
• Two of the individuals were on mandatory quarantine prior to testing positive.
• Twenty of the previous positive individuals have recovered and have been removed from the isolation list.
• Six of the current positive individuals are hospitalized.

We are saddened to report the COVID-related community death of an Orleans County resident who was over the age of 65. We will not be releasing any further information to protect the individual and their family. Our hearts go out to the family and friends of this community member during this very difficult time.

“The Twelve Days of Christmas” have taken on a new meaning for Batavia City School District Superintendent Anibal Soler Jr., who has had to make the difficult decision of implementing 100-percent virtual learning at all four district buildings prior to the holiday break.

“I think these 12 school days off (Dec. 7-22) will allow us to get a little bit of the staff back and hopefully limit the number of people needing to quarantine since there are no kids in the building and there are no additional staff members needing to congregate or walk by each other or be in the same place,” Soler said today. “We should be able to have our staffing back to the levels that they need to be to and be able to reopen Jan. 4.”

Soler said that the inability to adequately staff the classrooms drove him to shut the schools down, adding that 81 teachers, aides and other employees have had to quarantine since the start of the school year.

“The issue is not so much students, it’s the staff members,” he said. “If a teacher has to quarantine at home for 14 days, then I need another adult to cover the class for the in-person kids because the teacher is now home. It makes it extremely hard knowing that we already struggle with the substitute teachers, so it also makes it hard to deliver a quality program. We gratefully have some of our teachers who are willing to tele-work, but we still needed another adult to supervise the kids in front of them.”

The superintendent said he was not under any statewide pressure to enforce all distance learning, but pointed to a couple variables – the rolling seven-day average for positive cases in Genesee County at around 8 percent and the daily calls from students and staff needing to quarantine.

He said that 21 staff members and 21 students have tested positive “and every single one of those positives results in a group of people that have to quarantine for 14 days.”

“It becomes unmanageable and we’re at a breaking point. Definitely 50 percent of our buildings would have been significantly impacted,” he said. “By having kids home, we wouldn't have to worry about substitute coverage and teachers could still teach remotely during these next 12 days.”

Soler said that most students will miss five in-person days (due to a schedule that features a mix of in-person and remote learning).

“That was a heartbreaking thing because we prided ourselves on being able to offer at least some in-person learning to our students, unlike other communities that have been shut down all year,” he offered.

He also mentioned that people continue to gather socially, which makes it even tougher to provide in-person learning.

“As we work with the Genesee County Health Department on contact tracing, we find out that people did go to somebody’s house for Thanksgiving or kids did have a sleepover at someone’s house,” he said. “We know these things are occurring, unfortunately, but when they do occur, they come back into the building and make it hard for us to staff the building.”

Only about 20 students – those who have special needs -- are being allowed in school buildings, he said.

Soler said he believes strongly that Gov. Andrew Cuomo should classify school personnel as “essential workers.”

“If the governor were to label all school staff members as essential employees then they wouldn’t need to quarantine if they don’t have any symptoms. We’d really like to see that rule changed because then we could have had in-person learning – keep school open,” he said. “We should be able to designate them as essential and not make them quarantine if they don’t have any symptoms. As it stands now, that seems pretty harsh.”

He said Cuomo has said on multiple occasions that schools are the safest place … “so why not give us some additional leverage and leeway with the guidelines?”

Soler said he expects that the buildings will reopen on Jan. 4 unless there is a resurgence and the governor deems otherwise.

“Right now, we’re working on increasing the number of parents to give us consent to do the Binax rapid testing in school in case that is required for us to stay open,” he said. “And we’re also focusing on delivering a high-quality virtual experience for the next 12 days.”

The path to cultural competence, an attribute that is increasingly important in police/community relations, starts with an understanding of others’ life experiences, according to Julie Carasone, a certified instructor in areas designed to bridge societal gaps and foster civic unity.

Speaking at the Genesee County Police Reform and Reinvention Collaborative meeting on Monday night via Zoom videoconferencing, Carasone said her role is to get people to “think outside of the box and think about things other than your world.”

“… Understand that your lived experiences are different from my lived experiences and that’s OK, but understand where someone is trying to come from when they interact maybe with the police department, when they interact with mental health or with somebody at GCASA (Genesee/Orleans Council on Alcoholism and Substance Abuse),” she said.

Carasone took about 20 minutes to present implicit bias awareness training to the committee, which is convening on a regular basis in response to Gov. Andrew Cuomo’s Executive Order 203 mandating that municipal police agencies adopt policies and procedures that ensure racial equality.

While acknowledging people’s sensitivity to the subject, Carasone emphasized that everyone has some type of implicit bias – thoughts and tendencies developed over a lifetime.

She said that implicit biases are activated involuntarily.

“Our brain is hardwired to take little bits and pieces, and that forms our biases,” she said. “It can be favorable bias, such as toward our military, and sometimes police officers, but nowadays it’s sometimes not favorable.”

MEDIA IS CRAFTING THE NARRATIVE

She said that currently the media is dominating the narrative and reinforcing people’s associations.

“This is the biggest thing right now – media -- both social media and regular print media or TV,” she said. “Sometimes the news organizations get the most ignorant person that’s out there and they’ll put them on TV, and that causes our biases toward someone.”

Calling it “confirmation bias,” Carasone said this causes the brain to favor information that conforms to a person’s existing beliefs and discounts evidence that does not conform.

“(Whether it’s) FOX News or CNN or a certain newspaper, or pro-life, pro-choice, pro-gun or anti-gun, they (people) will seek out information that confirms those biases,” she said.

Carasone said that steps to overcome implicit biases include:

• Check your Blind Spot: We all have implicit bias. Refusing to acknowledge or accept that you have bias creates a blind spot.  

• Play Devil’s Advocate: Seek out information that would contradict your initial thoughts. Listen to others that have a different lived experiences than you.

• Avoid the Ostrich Effect: It can be uncomfortable to talk about unpleasant facts that drive negative emotions. Don’t let your discomfort cause you to stick your head in the sand.

• Opinion vs. Fact: When you are stuck in a disagreement with someone, avoid opinions and use facts -- fair, data-driven information.  Remember “Your opinion is not fact.”

WORDS MAKE A DIFFERENCE

She also said the words that people use indicate how people look at others, and suggested replacing “addict” with “individual with a substance use disorder” or “criminal” with “justice involved individual.”

On the latter, Carasone said that 4 percent of the people in jail or prison are innocent.

“And that’s just the people that we know,” she added.

Carasone said that implicit bias does not equal racism but, when applied to a group of people, it becomes the foundation of racism.

She said racism is evident at different levels – individual, institutional and structural – and can be directed at a person’s gender, race, religion or economic status.

Policies, practices and procedures that make discriminate against certain classes of people – “usually what we call redlining,” Carasone said – can be mitigated, but it takes a commitment from both individuals and organizations to effect positive change.

“How can your organization mitigate implicit biases in your services in staffing and polices?” she asked. “Become culturally competent. Make policy and procedural changes that will provide equity for the underserved population.”

“That means taking a big look at what we’re doing right now, and looking at your strategic plan. What are your strengths and what are your barriers and your weaknesses that need to be improved upon?”

Carasone defined cultural competence as the ability to understand, communicate with and effectively interact with people across cultures.

MANY LAYERS WHEN IT COMES TO CULTURE

“Culture is like an iceberg. You have the top part where you can see on the outside – our clothes, our language, and so forth -- and the things that we don’t see,” such as background, talents, likes, dislikes, traditions, she said.

Using herself as an example, she mentioned that she is from a military family, that she lived in poverty and below poverty and, “me opening up, you can’t tell that I had a mental illness as well. So, there are a lot more layers that you can’t see underneath.”

She promoted a brainstorming exercise that focuses on cultural awareness, knowledge and sensitivity, and emphasized the many benefits of cultural competence, such as building healthier families and communities, and increasing productivity and revenue at all the levels of commerce.

Carasone said plans call for her to provide implicit bias awareness training – on a volunteer basis -- to all Genesee County Sheriff’s Department personnel as well as to the City of Batavia Police Department and Wyoming County Sheriff’s Department.

In response to a question from committee members about language barriers, Undersheriff Brad Mazur said the sheriff’s department recognizes contracts with a company that provides an 800 number through dispatch to provide translation when necessary, such as in traffic stops, criminal proceedings and emergency situations.

Carasone said it is preferable to get a live interpreter on the line instead of using an online application (app) due to the fact that some words may not be translated correctly. She said interpreters are trained extensively to properly interact in these situations and also have received cultural competence education.

Press release:

Data update covering the weekend and today until 2 p.m.:

• Genesee County received 130 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield, Pavilion, Pembroke and Stafford. 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s, and 90s. 
  • Thirty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty of the positive individuals are hospitalized.
  • Two of the new positive individuals are residents at The Grand Rehabilitation and Nursing at Batavia, one is a resident at the NYS Veterans Home, and one is at the VA Medical Center.
  • We received notification of three deaths. One is a resident at The Grand Rehabilitation and Nursing at Batavia. Two of the deaths were community members. All three individuals were over the age of 65. To protect the individual and their family we will not be releasing any further information. We express our deepest condolences to the family and friends of this community member during this very difficult time.
•  
• Orleans County received 32 new positive cases of COVID-19.
• The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Murray, Yates, Ridgeway and Shelby.
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s 70s and 80s.
• Four of the individuals were on mandatory quarantine prior to testing positive.
• Twenty of the previous positive individuals have recovered and have been removed from the isolation list.
• Nine of the current positive individuals are hospitalized.

​

Press release:

Congressman Chris Jacobs (NY-27) joined a bipartisan letter to the House and Senate appropriations committees calling for additional funding for the Department of Agriculture’s (USDA’s) ReConnect rural broadband grant program in the upcoming FY21 funding bill. 

“I have long advocated for increased broadband investment in NY-27. The pandemic has only elevated that need,” Jacobs said. “With schools moved online, businesses increasingly relying on the internet, telemedicine services becoming more popular, and farm technology advancing – the need for reliable high-speed internet access is urgent. The ReConnect Program is a sound investment that has helped connect our underserviced communities.”

Congress created the ReConnect Program in FY18 with a $600 million appropriation. $550 million and $555 million were appropriated in FY19 and FY20, respectively. To date, USDA has invested more than $1.3 billion in high-speed broadband infrastructure. Currently, the proposed FY21 Senate budget for this program has been cut by $150 million relative to FY20 funding levels. Jacobs is asking for increased funding for this rural broadband program relative to recent years.

“Our children, families, farmers, and economy rely on access to high-speed internet – we must ensure that we are making sufficient investments that set them up for success,” Jacobs said.

Jason Allan Klinkbeil, 32, of Lockport Road, Alabama, is charged with: first-degree vehicular assault; felony driving while intoxicated -- drugs; criminal possession of a controlled substance in the seventh degree; reckless driving; failure to keep right; speed not reasonable and prudent; moving from lane unsafely; driving left of pavement markings; improper passing; failure to notify DMV of address change; and failure to change address on vehicle registration. Following an investigation into a motor-vehicle collision with injury at 8:48 p.m. Sept. 12 on Bliss Road in Oakfield, Klinkbeil was arrested. He allegedly drove a vehicle while he was impaired by drugs and caused serious physical injury to a passenger in another vehicle. Klinkbeil was released with appearance tickets and is due in Oakfield Town Court on Feb. 1. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Erik Andre.

Aaron Joseph Romani, 29, of Milestrip Road, Blasdell, is charged with driving while intoxicated -- drugs; criminal possession of a controlled substance in the 7th degree; and unlicensed operation of a motor vehicle. Romani was arrested Dec. 3 for an incident at 2:48 a.m. on Aug. 2 when he was found pulled to the side of the road on Byron Elba Road in Byron. He was allegedly driving while intoxicated by drug and in possession of methadone which was not prescribed to him. His driver's license was expired. He was issued appearance tickets returnable to Byron Town Court on Jan. 11. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Nicholas Chamoun.

Renee Irene Brown, 40, of Harris Road, Waterport, is charged with petit larceny and aggravated unlicensed operation of a motor vehicle in the third degree. At 3:09 p.m. on Dec. 3, the Genesee County Emergency Dispatch Center received a call of a woman stealing items from the Crosby's convenience store in the Village of Elba, then fleeing in a vehicle southbound on Route 98. Deputies located the car in the Town of Batavia a short time later and conducted a traffic stop. Following an investigation, Brown was arrested. It is alleged that she possessed 72 packages of Starburst candy chews, 19 packages of Slim Jim meat snack sticks, and 14 packages of Jack Links Wild Snack Sticks XXL Original. Brown was also allegedly found driving while her license to do so was suspended. She was released with appearance tickets and is due in Elba Town Court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

A black Mazda is reportedly going more than a 100 miles an hour eastbound on Route 5 from the Department of Social Services complex on east Main Street, Batavia, toward Le Roy. It is said to be weaving in and out of traffic. Deputies are responding and Le Roy is notified.

A shed fire about 50 feet behind a residence is reported at 8050 Byron Road, Stafford. Unknown contents of the shed. The location is between the Thruway and School Road. Stafford fire is responding.

UPDATE 3:07 p.m.: A first responder confirms this is a working fire, 60 to 70 feet behind the residence. Responders are told to come in non-emergency mode. There is no water hyrdrant available.

UPDATE 3:14 p.m.: South Byron fire is called to the scene.

UPDATE 3:16 p.m.: Shed fire is out, command reports.

UPDATE 3:17 p.m.: South Byron is put back in service.

UPDATE 3:44 p.m.: Command requests an investigator to the scene.

UPDATE 3:47 p.m.: It is agreed a Sheriff's deputy should respond to the fire scene first "to see what we have" before bringing in an investigator.

Health Alert

The Genesee Orleans County Health Departments have received a positive COVID-19 test result from an individual who was at Sport of Kings, Batavia on:

• Monday, Nov. 30^th from 2 to 8 p.m.
• Tuesday, Dec. 1^st from 2 to 8 p.m.

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

We advise all individuals who were at Sport of Kings on the stated dates and times to monitor their symptoms for 14 days. If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

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

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