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City school trustees reluctant to discuss superintendent's raise

By Howard B. Owens

A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

  • Shawna Murphy
  • Barbara Bowman
  • John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

  • His contract includes an annual raise;
  • The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
  • Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

Many possible reasons for drop in size of local labor force in August

By Howard B. Owens

While the size of Genesee County's labor force shows a significant drop for August, some of this explained by normal seasonal fluctuations, says Tammy Marino, a labor analyst for the Department of Labor.

The labor force expands in the summer with students taking on jobs and for the season. This year, many college-age workers returned to campuses earlier than usual.

The August labor force for Genesee County was 29,800, down from 30,300 the month before, and down from 30,200 the year before.

Marino noted that the August number is close to the spring number. In May, the local labor force contained 29,500 workers.

There are also people who have dropped out of the labor force for various reasons, Marino said.

"There are many factors that influence people’s decision to (not) participate in the labor force," Marino said. "No child care, fear of the virus, a need to take care of a sick relative, etc. Also, long-term trends come into play here as well, a general aging of the population overall has resulted in a shrinking labor force in recent years."

There are 27,400 people with jobs living in the county, down from 29,200 a year ago. There are 2,400 people who are out of work but looking for an appropriate job, up from 1,000 a year ago.

That puts the August unemployment rate at 8.1 percent. In August of 2019, it was 3.5 percent.

Since the start of the pandemic the monthly unemployment rate has been:

  • April: 14.4 percent
  • May: 10.1 percent
  • June: 9.5 percent
  • July: 10.5 percent
  • August: 8.1 percent

The September estimate has not yet been released.

One new COVID-19 case reported in Genesee County today -- person in their 20s living in Elba

By Press Release

Due to the Columbus Day holiday, both the Genesee and Orleans County Health Departments will be closed on Monday, Oct. 12.

There will be no map, website or media updates over the weekend or on Monday. Updates will resume on Tuesday, Oct. 13 and will include all accumulated data.

Stay safe, stay distanced and wear your masks to continue to slow the spread. Thank you for your understanding.
 

New Cases – As of 2:00 p.m. 

  • Genesee County received one new positive case of COVID-19.
    • The new positive case resides in Elba.
    • The positive individual is in their 20s.
    • The individual was on mandatory quarantine prior to testing positive.
    • Sixteen new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the positive individuals is hospitalized.
  • Orleans County received one new positive case of COVID-19.
  • The new positive case resides in Ridgeway.
  • The individual is in their 40s. 
  • The individual was not on mandatory quarantine prior to testing positive.
  • Two new individuals are on precautionary quarantine due to travel from restricted states.

Value of electronic record sharing among caregivers underscored by COVID-19

By Press Release

Press release:

The COVID-19 pandemic is shining a spotlight on the value of more complete medical records in assessing and assisting people who need care to become and remain healthy. Now, 300 regional Community Based Organization (CBOs) sites have connected to Rochester RHIO. 

For the first time, social services and behavioral health organizations have a more complete picture of health records, including recent hospitalizations, laboratory tests and imaging, and medications administered. The same holds true for long-term care facilities, who can contribute details about residents that can speed and improve treatment should they fall ill.

Even select non-HIPAA organizations utilize RHIO DIRECT messaging service, which enables secure point to point electronic communication between caregivers. During no other time in history has a holistic collection of health information been as vital to quality care as it is today.

CBOs work to improve the lives of residents in their geographic location, delivering services that address social determinants of health, including education, transportation, socioeconomic factors, employment status and access to healthy food and activities. With this collaboration, secure data sharing is building a more complete medical record for communities and the 1.5 million residents across the RHIO’s 14-county region. 

“We work to assure that all our population can lead healthy lives,” said Jill Eisenstein, CEO and president of Rochester RHIO. “Community Based Organizations interact with people in their everyday lives, and work to address the economic, educational and social factors that have a direct bearing on their health and well-being.

"By working in coordination with clinical providers, CBOs will be better equipped to provide their services, especially during our current public health emergency.”

CBOs connect to the RHIO Contribute service to achieve bi-directional exchange, meaning they can transmit and receive data that helps caregivers make better decisions and provide better guidance. In turn, other health organizations such as hospitals and specialists who also have permission to access the data can use it to help their assessments and recommendations.

Learn more by contacting Rochester RHIO at 877-865-7446 or info@grrhio.org.

The following community participants are located in Genesee County.

  • ARC of Genesee, Orleans (NYSARC)
  • Genesee County Office of the Aging
  • Genesee County Mental Health
  • Genesee County Public Health
  • Mental Health Association of Genesee and Orleans Counties
  • Lake Plains Community Care Network (Batavia)
  • Le Roy Volunteer Ambulance Service
  • UMMC Healthy Living Programs (Batavia)
  • Western NY Independent Living (Batavia)

The full participant map is available here.

Bridge over Whitney Creek on Judge Road, Alabama, to close for replacement Monday

By Billie Owens

From Tim Hens, superintendent, Genesee County Highway Department:

Effective Monday, Oct. 12th, the bridge over Whitney Creek on Judge Road in the Town of Alabama will be closing so that the bridge may be replaced. 

The bridge is immediately west of Crosby Road.

There will be a detour posted onsite for the duration of the project, which is expected to take approximately two to three months to complete.

Law and Order: East Bethany man accused of forcefully punching deputy in the head

By Billie Owens

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Customer says she was harassed by gas station clerk on East Main Street in Batavia

By Billie Owens

A customer at the Sunoco Gas Station and convenience store adjacent to the MacDonald's on East Main Street in the city called police after allegedly being harassed by a clerk there.

She told a dispatcher she was harassed and when she attempted to buy something, the clerk "told to get out of the store, and starting swearing at her. He's outside now recording her" on his cell phone.

The customer is inside her red Pontiac Vibe and two police units arrived on scene a couple of minutes ago.

Caller reports juveniles on North Spruce Street were replacing Biden signs with Trump signs

By Billie Owens

A caller to dispatch reports that a group of juveniles on North Spruce Street in the area of North Street were taking down Biden political signs and replacing them with Trump signs.

They are riding bicycles and skateboards. The caller says a neighbor is one of the people whose sign was replaced.

City police responded to the area but with "negative results" -- the youths left.

UPDATE 1:30 p.m.: A caller to dispatch reports a group of kids on bicycles are in the area of Chase Park and Elm Street "with a large amount of election signs." An officer is out with the juveniles now.

Jacobs calls McMurray tweet about court packing 'dangerous' and threat to democracy

By Howard B. Owens

Yes. I would pack the Supreme Court to save choice, marriage equality and pre-existing conditions.

Pack the hell out of it.

— Nate McMurray for Congress 2020 (@Nate_McMurray) October 8, 2020

Press release:

Congressman Chris Jacobs (NY-27) criticized his opponent Nate McMurray for supporting the radical left agenda of “packing the Supreme Court,” which refers to dramatically expanding the number of Supreme Court Justices on the bench and appointing far-left justices in all the new seats.

“Pack the hell out of it.” wrote McMurray in a recent tweet.

“This is very dangerous to the future of our democracy,” Jacobs said. “This radical left ‘packing’ effort would undermine the separation of powers and the independence of our judiciary.

“AOC, Ilhan Omar, and now Nate McMurray, will do whatever they can to force their radical agenda on the American people, even if it means destroying our core and fundamental democratic institutions. We must all denounce this radical and destructive agenda."

Planning board asks Byron officials to revise property value, prime farmland sections of local law on solar

By Mike Pettinella

The Genesee County Planning Board is asking the Byron Town Board to consider revisions to a couple sections of its proposed local law on solar energy systems.

Planners on Thursday night approved the referral from the town for zoning text amendments governing the placement of solar projects, but not before Planning Director Felipe Oltramari pointed out issues with wording in sections pertaining to property values and prime farmland.

On the clause addressing the impact of large-scale solar projects upon property values, Oltramari said it lacked clarity and detail, noting that it was just one sentence. The section in question currently states:

Property Value and Taxpayer Protection: Tier 3 and Tier 4 Solar Energy Systems, once constructed and operational, shall not reduce the property value of adjacent parcels where a parcel owner is not in privity of contract with the applicant or its successors, agents or assigns.

Oltramari said that description “needs to be fleshed out some more” and said that without an appraisal before and after the project siting, it would be difficult to prove how much, if any, the value of the property had changed.

He said he realizes that the town consulted with attorneys to draft the plan and didn’t want to overstep their expertise, but he said he “had concerns about the clarity and the practicality of having something like that that can’t really be enforced.”

On the use of prime farmland, Oltramari said he understands the reasoning behind limiting projects to no more than 10 percent of prime farmland – as is the case of the 280-megawatt Excelsior Solar Project under Article 10 of New York State law – but he believes the proposed local law doesn’t go far enough in its description of prime farmland.

He said a local resident mentioned a soil survey that determines how much prime farmland is in the town, specifically noting a category called “prime if drained.”

“That means that if the landowner puts in what they call tiling – drainage to make the soil drain better, then the land becomes prime farm if those improvements are made to the fields,” he said. “But whether or not the field is tiled, only the property owner knows and maybe a few others. You would have to know how much of that farmland is actually drained. If you don’t know that, you don’t know the full percentage of prime farmland in the town.”

Oltramari said he expects the Byron Town Planning Board to review the proposal and issue recommendations to the town board, and hopefully will take a look at those two sections.

County planners briefly discussed NextEra Energy Resources’ 1,700-acre Excelsior project that is in the hands of the state Board on Electric Generation Siting and the Environment.

While Oltramari said large solar arrays such as this “are supposed to adhere to local regulations,” Article 10 – and now the Accelerated Renewable Energy Growth and Community Benefit Act -- supersedes local planning board authority.

In other action, planners:

  • Approved a special use permit and downtown design review for the Downtown Revitalization Initiative project to renovate the Main Street Pizza building at 206 E. Main St.

As first reported on The Batavian, applicant Paul Marchese, doing business as Just Chez Realty LLC, submitted plans to create two apartments on the second floor and change the exterior of the building at 206 E. Main St.

The only stipulation in the planners’ approval was that the project meets Enhanced 9-1-1* standards.

Marchese’s request now will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

  • Approved a zoning map change request from R-1 (residential) to C-2 (commercial) by James Barsaloux to offer local craft beer, food and live music, at his farm market operation at 8041 E. Main Road, Le Roy.

Oltramari said the Town of Le Roy’s comprehensive plan indicates acceptance of a mix of residential and commercial operations in its future land use.

Planners said they were concerned about traffic and noise, and hoped that the town would conduct a proper review of the site plan and special use permit to mitigate any potential problems.

Barsaloux said that he intends to have live music only a couple nights per month and no later than 9 p.m., adding that he wants to keep “a family atmosphere … not another bar.”

  • Approved a special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

The project came before planners in August, when they granted an area variance for the public garage, which will be set up as a vocational training site for people in recovery from substance use disorders.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Previously: County planning agenda includes special use permit referral for Main Street Pizza building.

Nature's Halloween Decoration

By James Burns

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An immature Turkey Vulture was in a yard behind Batavia Middle School, off of East Ave, eating a little carrion this afternoon. The bird made an unusual appearance in town to clean up a little yard waste before moving on. It circled the school a few times before floating away on the wind currents.;

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Eight new positive COVID-19 cases reported since yeserday

By Press Release

Press release:

  • Genesee County received eight new positive cases of COVID-19.
    • The new positive cases reside in Alabama, Batavia, Elba and Stafford.
    • Two of the positive individuals are between the ages of 0-20, one individual is in their 40s, two individuals are in their 50s, one individual is in their 60s, and two individuals are in their 80s.
    • Three individuals were on mandatory quarantine prior to testing positive.
    • Twenty-one new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the positive individuals is hospitalized.
    • One of the individuals is a resident at the New York State Veterans Home.
  • Orleans County received two new positive cases of COVID-19.
    • The new positive cases reside in Albion and Yates.
    • One of the individuals is in their 20s and one individual is in their 30s.
    • The individuals were not on mandatory quarantine prior to testing positive.
    • Seven new individuals are on precautionary quarantine due to travel from restricted states.

Accident reported on West Bergen Road, Le Roy

By Howard B. Owens

An apparent serious injury accident is reported in the area of 8251 W. Bergen Road, Le Roy.

Le Roy fire and Pavilion fire dispatched.

Traffic is shut down between Randall Road and Selden Road.

UPDATE(S) (By Billie) 5:01 p.m.: A Mercy medic unit that was also dispatched to the scene is put back in service.

UPDATE 5:04 p.m.: Two vehicles are involved and two tows are requested to the scene.

UPDATE 5:41 p.m.: The road is reopened.

UPDATE 6:11 p.m.: Troopers responded to a two-vehicle accident on West Bergen Road in the Town of Le Roy. Preliminary investigation reveals that a Chevy Monte Carlo traveling northbound lost control and crossed into the southbound lane, and was T-boned by a Ford pickup truck. After extrication, the Monte Carlo operator was taken via ambulance to Strong Memorial Hospital in critical condition. The driver and a passenger in the pickup truck, which was not heavily damaged, were taken to UMMC in Batavia for evaluation. The investigation is still pending. -- From NYS Police Troop A in Batavia, Public Information Officer James O'Callahan, courtesy of Alecia Kaus, Video News Service.

Photos courtesy of Alecia Kaus, Video News Service.

St. Paul Lutheran Church & School hosts drive-thru chicken BBQ this Sunday

By Press Release

From St. Paul Lutheran Church & School:

St. Paul Lutheran Church & School is hosting a drive-thru Chiavetta's Chicken BBQ this Sunday, Oct. 11 from 11:30 a.m. till sold out.

It is located at 31 Washington Ave., Batavia.

Tickets are $12 per dinner, which includes chicken, potato salad, macaroni salad, roll & butter.

Presale tickets are available by phoning Diane at 356-8789 or the Main Office at 343-0488. (School families can send in an envelope addressed to M. Keberle containing your name, payment and number of tickets.)

You can also purchase tickets the day of the event at the drive-thru.  

"We hope you all will participate in supporting St. Paul Church and School!"

Genesee Community College offers fast-paced seven-week classes starting Oct. 26

By Press Release

Press release:

In just a few weeks, on Monday, Oct. 26, faculty at Genesee Community College will start seven-week session classes; the last session of the Fall 2020 semester.

These hand-selected courses cover all of the content included in a full semester-long course over a drastically accelerated timeline and delivered through completely remote and online modalities. 

The courses offered during this unique session are designed to help students to meet their general education and program course requirements on time or ahead of schedule. For added convenience and in conjunction with the current pandemic-related guidance, all seven-week session classes are offered completely online. To apply, visit here.

Both College Composition (ENG101) and Composition in the Natural and Social Sciences (ENG102) are being offered, which greatly helps those students who were unable to take these courses in earlier semesters.

In total, this session offers courses that cover five different General Education categories for students.

There are also a number of courses specific to a variety of majors but that also could serve as electives for others. Perhaps two of the most widely applicable options include Principles of Business (BUS101) and Introduction to Computers (CIS102) which are also both starting Oct. 26.

Of particular interest to those future Fashion Designers, Merchandisers, and others pursuing a future in fashion, courses like Principles of Fashion Merchandising (FBM101) and of Textiles (FBM115) are available at this time.

To participate in GCC's next online Instant Admit Days on either Oct. 8 and 13, register here.

In addition, GCC will host virtual Open House sessions on Oct. 17 and Nov. 11 and the College's 360 Virtual Tour is always available!

For more information or photographs contact Vice President, Development and External Affairs Justin Johnston at (585) 345-6809, or via email: jmjohnston@genesee.edu

Independent Living hosts debut 'Walk, Run and Roll 5K or 10K All-inclusive Virtual Race' this month

By Press Release

Press release:

Independent Living of the Genesee Region (ILGR) is holding their debut Walk, Run and Roll 5K or 10K All-inclusive Virtual Race for people of all abilities.

People with disabilities as well as the public will have the opportunity to compete side-by-side in an on-line event that will not discriminate based on disability. This fully accessible activity will permit competitors to pick the “course” of their choice any time between Oct. 18th to 31st.

Within the race itself, participants will have the secondary opportunity to engage in a Visual and Auditory Scavenger Hunt, where participants are challenged to locate particular sights and sounds of nature, city life, and Halloween decorations in a unique feature to the “race."

You can sign up in the Event section of ILGR’s Facebook page, Facebook.com/ILGR14020; or click here.

Entrance fee is $25, and includes an event t-shirt. For more information call Donna Becker at (585) 815-8501, ext. 411.

ILGR is grateful to our sponsors: Gold Level Sponsor Molina Healthcare; R.A. Haitz Company Roofing and Siding; and 139th District New York Assembly Member Steven Hawley.

Republican Senate candidate Ed Rath 'eagerly awaiting' audit results of NYS Broadband Program

By Press Release

Statement from NYS Senate Republican candidate Ed Rath regarding Audit of NYS Broadband Program:

“It has been announced that the NYS Comptroller’s Office is conducting an audit of the NYS Broadband Program," Rath said. "I eagerly await the results.

"At the inception of the NYS Broadband Program, $500 million was set aside to bring internet to the most rural parts of New York State. Unfortunately, we still have large areas, not only in rural areas but across many suburbs and cities, without access to broadband.

"This is unacceptable and the issue is only compounded by the current pandemic and the ever-growing need for reliable internet. Again, I look forward to the report from the Comptroller’s Office.”

Fifteen new charges brought against funeral director Michael Tomaszewski

By Billie Owens

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

  • Seven counts of third-degree larceny (Class D felony);
  • Grand larceny in the fourth degree (Class E felony);
  • Three counts of petit larceny (Class A misdemeanor); and
  • Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

LIVE: Interview with Paul Pettit, director of public health

By Howard B. Owens
Video Sponsor
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In this interview, Paul Pettit, director of Health for Genesee and Orleans counties, talks about: the recent uptick in cases; the level of community spread; how things are going with the schools; the arrival of flu season; the ongoing difficulty in getting adequate testing locally; and what the future holds.

Regarding the outbreak in Elba, Pettit said:

"What we can see is there is some connection, obviously, on the social side. I do want to say we haven't seen any school spread among these different students in Elba. They're more connected on the community side. There are some different things that we're identifying as some commonality and connections with some of these cases, some of them involved in social gathering, some birthday parties, different types of events that may have lent itself, again, maybe closer contact, prolonged contact that would have potentially led to some of these transmissions."

On guidelines and restrictions:

"We're continuing to advocate daily, locally, here, especially in the rural areas, for the testing capacity or some additional relief on some of these guidelines, some of the closures and capacity issues. We do believe that there should be a little more flexibility in some of these areas, especially with low infection rates overall. So we are advocating. We are working with all of our elected officials, to push back at some of these things."

After talking about eased guidelines for doctors in clearing students to return to school, Petit brought up ongoing issues with testing:

"Ultimately, that leads us into another area which continues to be a challenge for us -- access to testing. This has not improved for us here in Genesee County or pretty much any rural county in the state. We've been beating the drums significantly since the peak in March when we started to see our first cases. Unfortunately, we still are very, very limited with our access to testing. It actually became more restrictive about a month and a half ago when our health care facilities, most of the primary care docs, started doing testing of symptomatic folks only.

"The requirements for screens for going back to college or for people to want to go visit their loved ones in the nursing home now have to have a negative test within seven days. None of our local facilities were offering those types of tests if folks weren't symptomatic. And if they were able to get them, they were getting charged a pretty significant amount. That is not appropriate. It's something that we have, I myself personally advocated for almost every day, really, for our elected officials from local all the way up to our state elected officials to continue to push the governor's office for increased free testing for our residents. I mean, it's essential the way the governor has set up these guidelines with testing requirements and the need to have negative tests for various reasons. It's not rational in that we should be able to meet these guidelines without having the testing. ...

"We have to have the ability to meet the intent of the guidelines. So we're not in violation and we're not putting pressures and challenges on our residents that they have to make choices. Do I get tested to visit a loved one or do I potentially have money to go get groceries this week? ...  

"(We) need to get rapid testing. We need it now and we are working on it. We're working at Oak Orchard, both in Orleans, Genesee County. They do have some of these testing machines and we're just waiting on the test kits antigen to be able to use them. We're also working on getting some rapid testing machines from the state that we could deploy and potentially use more broadly for some of these testing needs. But that's really key. We need to get access to this rapid testing so that we can get folks to where they need to go."

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