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Press Release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 173 positive cases.
    • The positive case resides in Batavia.
    • The individual is in their 70s.
    • The newly positive individual was on quarantine prior to becoming symptomatic.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • One of the total active positive cases is hospitalized.
  • Orleans County received two new positive cases of COVID-19, for a total of 169 positive cases.
    • Both positive cases are residents of Orchard Rehabilitation and Nursing Center
    • One individual is in their 60s and one individual is in their 70s.
    • One of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.           

 Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

Alejandro Andreseaga Arteaga, 22, of Harvester Avenue, Batavia, is charged with: criminal possession of a controlled substance in the third-degree -- methamphetamine, with intent to sell, a Class B felony; criminal possession of a weapon in the third degree, a Class D felony; driving while ability impaired by drugs -- with a previous conviction, a Class E felony; criminal possession of a controlled substance in the seventh-degree (marijuana), a Class A misdemeanor; using a vehicle without a required interlock device, a violation. On May 18, following a traffic stop on Lake Street in the Village of Le Roy during which a firearm and narcotics were allegedly found, Arteaga was arrested. It is also alleged that he had an open container of alcohol in the vehicle at the time. He was arraigned in Genesee County Court and released to Genesee Justice. He is due back in court at 2 p.m. on July 1. The case was investigated by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Le Roy Police Sgt. Greg Kellogg.

Tyshon L. Taylor, 23, of Walnut Street, Batavia, is charged with: aggravated family offense; third-degree criminal mischief; endangering the welfare of a child; and third-degree menacing. Taylor was arrested May 15 on the charges that stem from a domestic incident at 4 p.m. on May 14 on Walnut Street. It is alleged that Taylor cracked the windshield of his girlfriend's vehicle during an argument while her child was in the vehicle. While being taken into custody, he reportedly stated that he had been quarantined and "began intentionally coughing at officers." He was processed at Batavia Police Headquarters, arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice. He was held at Genesee County Jail on a Parole Detainer Warrant. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger, Officer Peter Post and Officer Alec Roberts.

Jason A. McFollins, 42, of North Spruce Street, of Batavia, is charged with criminal mischief and second-degree harassment. McFollins was arrested at 5 a.m. on May 17 on Ellsworth Avenue, Batavia, following a domestic incident. It is alleged that he damaged property and struck another person during the incident. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kaitlyn M. Rector, 22, of Liberty Street, Batavia, is charged with second-degree harassment. Rector was arrested following an investigation into a domestic incident that occurred at 10:41 p.m. on May 16 on Liberty Street. It is alleged that she struck another person during the incident. She was arraigned in Batavia City Court and is due to return there on July 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Cronmiller.

Kelli E. Wallace, 57, of Swan Street, Batavia, is charged with endangering the welfare of a child. The defendant was arrested following the investigation into a physical altercation between two people under age 17 that occurred at 1:06 p.m. on May 8 on South Jackson Street in the City of Batavia. It is alleged that Wallace was present at the altercation and encouraged the physical altercation to occur. She was issued an appearance ticket and is due in Batavia City Court on June 23. The case was handled by Batavia Police Sgt. Dan Coffey.

Stephen Vance Recco, 29, of Vine Street, Batavia, is charged with fourth-degree criminal mischief -- intentionally damaging property. It is alleged that Recco intentionally smashed a laptop belonging to his roommate after a dispute at 10:45 a.m. on March 28 on Vine Street. He was processed at Batavia Police Headquarters, then issued an appearance ticket returnable to Batavia City Court on June 9. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Nicole McGinnis.

Matthew Jacob Reid, 26, of Buck Road, Warsaw, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance in the seventh degree, and moving from lane unsafely. Reid was arrested at 11:30 p.m. on May 16 on Telephone Road in Pavilion after a single motor-vehicle accident. It is alleged that he possessed a controlled substance at the time. Reid is due in Pavilion Town Court on June 9 to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

William George Silpoch, 46, of Ridge Road, Holley, is charged with driving while intoxicated and resisting arrest. He was arrested at 7 p.m. on May 14 on Sautell Road in Bergen after he allegedly drove a motor vehicle and then passed out in the vehicle in the driveway of a residence. He allegedly resisted arrest while being taken into custody by Sheriff's deputies. Silpoch was issued an appearance ticket returnable to Town of Bergen Court on July 8. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assistef by Deputy Erik Andre.

Tina M. Caracci, 49, of Hilltop Road, Rochester, is charged with driving while intoxicated and aggravated DWI -- with a BAC of .18 or higher. Caracci was arrested at Richmond Memorial Library, 220 Richmond Ave., Batavia, after a complaint. She was processed at Batavia Police Headquarters and released. She is due in Batavia City Court on June 3. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Kahel S.D. Suttles, 23, of Dodge Street, Buffalo, is charged with criminal possession of stolen property in the fifth degree and possession of burglar's tools. Suttles was arrested for allegedly taking items during a larceny at a store on Veterans Memorial Drive in Batavia at 5 p.m. on Feb. 23. The defendant was arrested at mile marker 397.6 on the Thruway and is scheduled to be arraigned in Town of Pembroke Court on June 23. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore and Deputy Kyle Krzemien.

Matthew C. Olcott, 41, Clinton Street Road, Batavia, was arrested on three bench warrants out of Batavia City Court following a traffic stop (location not disclosed) by the New York State Police and Genesee County Sheriff's deputies on May 13. He was arraigned in Alabama Town Court at 12:15 a.m. May 14 and released on his own recognizance. He is due to return to Batavia City Court on June 23. The case was handled by Batavia Police Officer Sean Wilson.

Genesee County legislators, governmental leaders and law enforcement personnel are caught between a rock and a hard place when it comes to sinking money into the existing County Jail on West Main Street while a $60 million new jail project remains on hold.

Members of the Public Service Committee, maintenance department heads and jail officials engaged in a 30-minute Zoom videoconferencing discussion on Monday, with everyone, at debate’s end, agreeing to spend only what is necessary to keep the current jail functioning at acceptable levels.

 “If the new jail is deferred for any length of time, relative to revenue problems, we have an existing facility that we basically have been duct-taping and bailing twine together for the last couple years with the expectation that we’d have a new facility in its place,” said Tim Hens, county highway superintendent who also oversees capital projects.

Hens said that $3.5 million worth of projects at the 40-year-old jail are “in the can” for the next five years if the county is forced to slam the brakes on the 184-bed, four-pod state-mandated new jail that was moving at full speed ahead in February – just a month before the COVID-19 pandemic reared its ugly head.

He said that replacement and/or repair of the heating/cooling system, fire protection/sprinkler system and plumbing top the list of items that need to be addressed, estimating the “high priority stuff” at $1.5 million.

“And that’s just looking at the jail, the rear portion of the building. This doesn’t consider the Genesee Justice and the front end of the building, which has its own issues and problems,” he said. “There is easily three quarters of a million dollars that you can put on the front end of the building just from a cosmetic stonework standpoint.”

Operationally, things could become much more expensive should the New York State Commission of Correction (COC) require Genesee County to start housing females at the jail, said Hens, noting that he has had talks with Sheriff William Sheron about that possibility.

“The operational change to do that would be very, very costly. I don’t even know how you begin to peel that off. You’d probably have to do another study. You’d have to parcel out a floor for females versus males, there would be significant capital change to adjust how the jail operates,” he said.

At this time, the jail population consists of 32 men and one woman (who is being held at a neighboring county jail).

Sheron said that extensive renovations would have to be made to the interior of the jail and that programming and compliance changes would need to be implemented to accommodate the female population.

“What that would entail at this point?” he asked. “I estimate millions of dollars to do that.”

Legislator Andrew Young inquired if any word had come down from the COC or anywhere else about directing the county to house female prisoners.

Jail Superintendent William Zipfel answered that one of the reasons for a new jail is so the county could “bring female inmates back into our own jurisdiction.”

“They’ve already taken our variance away for males and weekenders and it’s only a matter of time, I feel, before that will go away for females, and they’ll say, ‘Well, population is down and you’ll have to house them there,’ ” Zipfel said. “I have every reason to believe it will happen if things continue the way they are. I don’t have any reason to believe it won’t.”

Dialogue on putting money into the old jail continued with legislators Gary Maha and Marianne Clattenburg and Zipfel agreeing to not put good money after bad, except for maintenance that needs to be done for safety reasons and to avoid a temporary shutdown of the current jail.

Clattenburg suggested calling a special meeting of all the legislators.

“If we’re going to put money into a jail that we’re not going to use much longer, I think that Legislator Stein might want to make that a Committee of the Whole discussion,” she said.

Hens recommended continuing the design of the new jail to have it ready to receive some favorable bids when legislators get more clarity on their revenue stream.

“You’re going to have some hungry contractors out there chomping at the bit since the private construction has basically been locked down for quite a while now and probably will be for the foreseeable future,” he reasoned.

Assistant County Manager Matt Landers, who is spearheading the new jail plan, said the design of the project is complete.

“We’re there for a four-pod, 184-bed jail; we’re there with the design and ready to go,” he said. “Now it’s just a matter of when the dust settles to see that’s going to be what we’re moving forward with. And we’ll continue to have discussions with our regional partners.”

Landers added that county officials have built a solid relationship with the state and that COC officials would understand that “we’re at a reasonable place” with the design and haven’t abandoned the project.

Legislature Chair Rochelle Stein said this is an instance where the county can act upon Gov. Andrew Cuomo’s plea to “reimagine government -- and especially in regard to this incredible cost of the jail project.”

“If we can’t move forward with talking about and demonstrating an opportunity for us to do a shared services model with the jail, we’re missing the boat as far as I am concerned,” she said. “We also need to fully understand what the new impact of social just reforms that went through this last budget that none of us have really talked about because we’ve all been talking about COVID and that’s where our focus has been.”

Deputy Highway Superintendent Paul Osborn then wrapped things up with a punch list of maintenance items at the current jail that could pop up in the coming months – two boilers in the basement (estimated at $20,000 per boiler to replace), an old generator (with renting one an option should it stop working), kitchen hood system ($4,500) and replacement of copper pipe in the sewer system.

A male in his 20s, driving a four-door sedan, died in Bergen this evening after his westbound car crossed into the oncoming lane then traveled off the south shoulder before striking some small trees, hitting an embankment and flipping over into a utility pole.

A crash scene investigator said there was no sign of skid marks on the roadway. The cause of the accident remains under investigation.

Two other people were injured in the accident. Both were transported to Strong Memorial Hospital, one by Mercy Flight.

The accident scene was on Townline Road, less than a mile from the location of another fatal accident a few hours earlier. In that accident, a female in her late 20s who was jogging on Townline Road, was struck by a westbound car that crossed the center line and the fog line striking the runner.

No names have yet been released in either accident.

Volunteers with Bergen Fire Department responded to both fatal accident scenes.

UPDATE: The driver of the vehicle has been identified as Elijah R. Coombs, 25, of Oakfield. He was pronounced dead at the scene. Jamie R. Bachorski, 26, of Oakfield, was flown to Strong Memorial Hospital by Mercy Flight with serious injuries. Samantha J. Wade, 21, of Byron, was transported to Strong by Mercy EMS with minor injuries. Coombs was driving a 2005 Chervolet Impala. The accident remains under investigation. Assisting at the scene where Bergen fire, Byron fire, Mercy EMS, and State Police.

(Initial Report)

The powers-that-be in Albany have made it clear to municipalities that they are in charge when it comes to reopening the state’s 10 regions.

-- Four phases, with each listing the types of businesses than can reopen – subject to rigid requirements.

-- Progression through the phases dictated by seven metrics tied to the coronavirus.

-- A fully regional approach, with communities prohibited from doing their own thing.

But when it comes to the enforcement of possible violations of quarantine orders, social distancing mandates or the wearing of face coverings, Genesee County leaders say they are being left in the dark.

Speaking during today’s Public Service Committee videoconferencing meeting, Legislator Andrew Young asked pointed questions about how to handle potentially confrontational situations as people lose patience with an economic shutdown that is into its ninth week.

“Let’s say it got down to the police force,” Young said. “Exclude code enforcement and zoning for a minute. Let’s assume that it’s someone’s home or something. That would have to be a police officer. What’s the threat like? What’s the crime? Is it an executive order and what’s the consequence? That’s a really gray area.”

County Manager Jay Gsell quickly responded, “Absolutely.”

Gsell, providing an update on the Finger Lakes Region “control room," reported that law enforcement and the county Health Department have dealt with issues, such as gatherings, that “might impose potential risk in regard to positive contact tracing and what the state will then look at in regard to the (metrics) dashboard that they have set up.”

He also mentioned that although the county has little input in the reopening process, it bears the burden of enforcement against acts of defiance.

“Whether it be the health department, zoning, code enforcement, basically, the bottom line, is really more and more likely to come to some part of law enforcement,” Gsell said, adding that Monroe County officials said that the State Police should be involved.

“… they would like the state patrol to be really part of this – really the bolstering of and the backup even to our own law enforcement -- if the kind and considerate request for people to stop doing something that seems to be violating or is violating the guidances, that state patrol would be there to help,” he said. “We don’t understand that that’s necessarily going to happen, but that’s what we’re dealing with on a day-to-day basis with the way this entire process is rolling out, starting with Phase One.”

Gsell said the extent to which Gov. Andrew Cuomo’s executive orders come with a “certain degree of legal enforceability” is superseded by the county’s right to know what it can and can’t do in touchy situations.

Young said the county needs to look to the Sheriff’s Office for answers.

“It’s really about our sheriff (William Sheron Jr.),” Young said, calling for a discussion with the full legislature on this issue. “Does he feel he’s comfortable with this? Is he willing to do this? Does he want to? Do we want him to is another question, right?”

Gsell explained that the state response to handling civil or criminal disobedience has been sketchy.

“The state is advising us to not engage in, I guess we’ll call it the ‘heaviest hand’ but recognize, and haven’t really dealt with the idea, that there’s going to be some people,” he said. “And we’ve already run into them in a couple cases, when they are approached and asked by either health department or even law enforcement people, and the response is not what I would call positive or compliant, and then the question is, ‘Now what are we going to do?’ and to what extent is this going to become … a potential incident.”

County Attorney Kevin Earl brought up a real incident – a recent news report that police officers in New York City wrestled a woman to the ground in front of her kids when she didn’t have her mask on properly. New York City Mayor Bill de Blasio’s response was that he wasn’t prepared to press charges over masks at this point.

“The (NYS) Sheriffs' Association attorneys wrote a very long memo, saying basically kind of the same thing,” Earl said. “Possibly, if they didn’t disperse or something of that nature, could be disorderly conduct or failing to obey a lawful order of the sheriffs, but even the Sheriffs' Association, when they talked about this last week, is not really gung-ho on that course of action.”

Earl also said that lawyers noted that the governor has pointed to a section of the public health law that could be used, but “again, not many people are keen on that.”

He said bail reform means that people receive a ticket and don’t have to disperse.

While that could lead to escalation, Earl said that a violation of quarantine orders carries more weight.

“Basically, between (District Attorney) Larry (Friedman) and the sheriff and I, we came to the opinion that the best way to do it was to get an order from Judge (Charles) Zambito, with the order saying if they did not do this, they could be arrested and taken to that facility in Monroe County that opened up for that purpose and we, of course, got an inter-municipal agreement," he said. "So, Larry was pretty much on the side of civil action in that regard."

Earl encouraged all parties involved to seek “voluntary compliance,” adding “I don’t think we want an incident of where our sheriff’s (deputy) is taking down a lady because she didn’t have her mask or face covering.” He finished by saying he would try to provide more direction for the legislature.

Committee Chair Marianne Clattenburg proposed further debate while expressing confidence that the public “will make an effort to do the right thing and to remember that these precautions are not about taking away your civil liberties but they’re about the health and safety of the most vulnerable among us.”

Gsell said the emphasis must be on positive messaging.

Alluding to the “control room” meeting, he said, “that the community has to keep rallying around the idea (that) we have to get past this together and not as a bunch of individuals or as (Health Director) Paul (Pettit) would call them, the ‘COVID-iots’ running around deciding that today is May 18^th and all bets are off.”

Four people are reportedly injured and two of them are unresponsive after a car vs. pole accident in Bergen.

The location is Buffalo Street Extension and Townline Road. Route 19 is to be shut down. Mercy Flight #5 out of Batavia is called to land at Swamp and Jerico roads.

Bergen Fire Police are requested to shut down Buffalo Street at Route 262 and Jerico Road at Route 262.

The Genesee County Crash Management Team is notified.

UPDATE 7:28 p.m.: National Grid is notified that pole #7834 is damaged. A second victim has been extricated from the wreckage. Mercy Flight will land directly at the scene, east of Swamp and Jerico roads, on a farm field on the north side of Route 262.

UPDATE 7:31 p.m.: Mercy Flight has landed.

UPDATE 7:41: National Grid reps are on scene.

UPDATE 8:53 p.m.: According to Genesee County Sheriff's Sgt. Andrew Hale, there were three occupants in one vehicle, not four. The vehicle was westbound on Townline Road when for unknown reasons it crossed a double yellow line and slammed into a utility pole on the opposite side of the roadway. The male driver was pronounced dead at the scene; a male passenger was airlifted to Strong Memorial Hospital in Rochester via Mercy Flight; and a female passenger was transported to Strong by Mercy EMS. The condition of both patients is unknown at this time. The accident remains under investigation.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received two new positive case of COVID-19, for a total of 172 positive cases.
    • One of the positive cases resides in Batavia and one of the positive cases resides in Bergen.
    • One of the individuals is in their 20s and one individual is in their 50s.
    • Two of the newly positive individuals were not on quarantine prior to becoming symptomatic.
    • Five of the previous positive cases have recovered and have been released from mandatory isolation.
    • One of the total active positive cases is hospitalized.
  • Orleans County received one new positive case of COVID-19, for a total of 167 positive cases.
    • The positive case resides in Carlton.
    • The individual is in their 70s.
    • The newly positive community case was not on quarantine prior to becoming symptomatic.
    • Two of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Fifteen the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility.  We do not separate them out to protect their privacy.
    • We received word an individual residing in The Villages of Orleans Health and Rehabilitation Center has died. Our sincerest condolences go out to the family and friends of this individual during this very sad time.   

             Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

As of 2 p.m. today, there were no new COVID-19-positive cases reported in Genesee County.

The health department released no further information.

Press release:

The Genesee and Orleans County Health Departments have received 14 more COVID-19 cases. Orleans has 12 new cases (bringing the total to 166) and Genesee has two (bringing the total to 171). 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Nine of the Orleans County individuals are residents of The Villages of Orleans Health and Rehabilitation Center and three are community members. Genesee County’s two individuals who tested positive are community members.

The health department was made aware that the New York State Department of Health (NYSDOH) did swab all residents and employees of The Villages of Orleans Health and Rehabilitation Center. Any questions regarding specific issues should be addressed to The Villages or NYSDOH.

We have also received word of the death of an individual who had tested positive for COVID-19 and was a resident of The Villages of Orleans Health and Rehabilitation Center (now for a total of 21 nursing home deaths related to COVID-19). Our sincere condolences to the family and friends of this individual during this very sad and difficult time.

Horse racing in New York State could resume as early as June 1, Gov. Andrew Cuomo announced today at his COVID-19 pandemic press conference.

The governor said that racing would take place without spectators and with safety measures that will be outlined in detail in the days ahead, and the restart would hinge upon the continuous decline of New York’s total hospitalization rate from the virus. 

While live racing isn’t scheduled to officially begin at Batavia Downs Gaming until July 22, Henry Wojtaszek, president of Western Regional Off-Track Betting Corp., said today’s announcement is welcome news.

“We’re certainly happy to hear that, and we have been doing a great deal of work preparing for our opening (of the gaming facility) sometime in June,” he said. “We have been working with the (New York State) Gaming Commission internally and will start working on the track in about a week or so to get that ready.”

Batavia Downs’ harness racing slate currently lists 65 dates, beginning on Wed., July 22 and ending in early December.

When asked if Batavia Downs Gaming has a reopening plan in place, Wojtaszek said that “it’s a work in progress” that is being shared at every step with the Gaming Commission.

Live Racing GM/Director Todd Haight, Vice President of Operations Scott Kiedrowski, and Wojtaszek are steering the drafting of the facility’s reopening plan in conjunction with the Western New York Harness Horsemen’s Association, “with whom we have a very good relationship,” Wojtaszek said.

“We’re also working with our trade association, the New York Gaming Association, and individually to cleanse and sanitize, and put the safety protocols in place,” he said, noting that some parts of the operation are included in Phase Three and some in Phase Four of the state’s four-phase reopening strategy.

“That’s why we’re hoping to open sometime in June,” he said.

Wojtaszek said that all employees are back to work, some on a regular basis – such as security, surveillance and maintenance staff – and others either working at the Park Road site, from home or on call.

Also, today, Cuomo said that Watkins Glen International race track would be able to reopen for NASCAR races in August, and baseball was mentioned as a sport that could conduct its season without fans in the stands.

The governor reported that daily hospitalizations and intubations have dropped to around 400 new cases per day.

As Genesee County moves into its first week of a Phase One reopening from a pandemic lockdown, Public Health Director Paul Pettit said it's reasonable to expect to see more positive COVID-19 cases reported, both because of an increase in testing, and because people will be in contact with each other.

But positive cases are not the key metric to monitor, Pettit said. What he and government officials will watch is the availability of hospital beds. Gov. Andrew Cuomo wants to maintain a 30-percent capacity available at hospitals.

With hospitals now permitted to perform elective procedures, there are fewer beds available than when those procedures were prohibited, Pettit indicated.

"A lot of the indicators aren't really directly honing in on a specific number of cases or a number of positives," Pettit said. "They're really honing on our regional capacity to deal with them. A lot of it's focused on hospitalization, ICU beds, number of available beds. Those types of criteria are a more important indicator of how we can handle and respond to the most vulnerable populations because again, our immune-compromised, those with underlying health issues, need hospital beds, need higher levels of care. That's going to be our issue."

Continued acceptable hospital capacity in the Finger Lakes Region will be a key indicator as New York becomes unpaused for each phase of the reopening.

To keep that number low, Pettit said, people need to continue to take all necessary precautions against spreading the disease.

"It is expected we're going to see an increased number of cases, but we need to do our best to continue to try to keep them low," Pettit said. "Make sure we're practicing our social distancing, and hopefully not have spike rates in severe cases that are going to impact our health system."

Unpausing New York is expected to happen in four phases by region:

Phase One:

• Construction
• Agriculture, Forestry, Fishing and Hunting
• Retail -- (Limited to curbside or in-store pickup or drop off)
• Manufacturing
• Wholesale Trade

Phase Two: 

• Professional Services
• Retail
• Administrative Support
• Real Estate / Rental & Leasing

Phase Three: 

• Restaurants / Food Services

Phase Four: 

• Arts / Entertainment / Recreation
• Education

The Finger Lakes Region is one of the first regions in the state to enter Phase One, and while each phase is generally expected to take four weeks, there is already talk of Finger Lakes entering Phase Two on May 29, Pettit indicated.

While experts debate just how many COVID-19 tests need to be administered on a daily basis to help control the spread of the disease in an open economy, there is consensus that a lot of testing is needed.

Petit expressed concern that there are not enough tests available in Genesee County to meet our needs. That means only people who meet the criteria for testing, such as close-contact with a positive case or a vulnerable person who is symptomatic, can get tests locally. However, he noted, there is an ample supply of tests available in Monroe County and local residents who want a test without meeting that criteria can drive to testing locations in the Rochester area.

The health director does have more confidence in the local capacity to handle contact tracing when a positive case is identified, which is another key strategy in helping to control outbreaks. Pettit said if there is a local spike in cases, New York has additional contract tracing resources local health officials can summon.

He also noted, for anybody looking for a job, that the state is looking to hire more contract tracers.

For those expecting a lull in the disease spread during the summer, before a resurgence in the fall, Pettit suggested we not count on much of a lull but expect a second wave in the fall or winter.

"When you look at the data in the Southern Hemisphere, which have been inverted with their summer, they still had a lot of cases," Pettit said. "They still had a lot of transmissions. So it's really hard to say how that's going to play out for us locally here in the summer, when that the warmer weather comes along. That's why we're really stressing the importance of making sure we stick with the guidelines. We don't want to see those spikes."

The seasonality of COVID-19, or lack of it, is just one of the things that are still unknown about the novel coronavirus.

"There's a lot to be learned about this virus, (there) is a lot that we're trying to understand as we move forward in time," Pettit said. "We obviously can only implement and act the way we're able to based on the knowledge that we have. So the best thing we can do is encourage folks to continue to practice social distancing and do their best to protect others by protecting themselves."

James F. Perry Sr., 35, of Central Avenue, Batavia, is charged with five counts of second-degree criminal contempt, a Class A misdemeanor. Perry was arrested at 9:20 p.m. May 9 on State Street in Batavia following an investigation of a child crying in a residence. Perry was released with an appearance ticket returnable to Batavia City Court at 1 p.m. on June 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

William J. Galliford, 59, of Batavia (no address provided), is charged with trespass and second-degree harassment. Galliford was arrested at 10:45 p.m. at the Budget Inn on Oak Street in Batavia. It is alleged that he refused to leave after being told he was no longer allowed on the premises. It is also alleged that Galliford threatened a police officer. He was issued a computerized appearance ticket and is due in Batavia City Court at 1 p.m. on June 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Amanda S. McDonald, 37, of Ellsworth Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation into a complaint alleging that she allowed a minor to use an illegal drug. McDonald was released on an appearance ticket and is due in Batavia City Court June 16. The case was handled by Batavia Police Officer Alec Roberts.

Justin Paul Pawlowski, 41, is charged with: Aggravated driving while intoxicated -- with a child passenger; DWI; DWI -- drugs; and failure to keep right. At 9:23 a.m. on Feb. 14, the Genesee County Emergency Dispatch Center received a report of driver on Route 33 in the Village of Corfu who was possibly intoxicated. The vehicle was stopped for an alleged failure to keep right and an investigation allegedly revealed the driver was impaired by drugs. Pawlowski was issued tickets returnable to Town of Batavia Court on June 29. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Deputy Ryan DeLong.

Christopher J. Diers, 37, of State Street, Batavia, is charged with endangering the welfare of a child and second-degree harassment. Diers was arrested after an investigation of a domestic incident that occurred at 10:50 p.m. May 9 at an apartment on State Street. He was released with an appearance ticket to be in Batavia City Court on June 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Jacob J. Camerera, 29, of South Jackson Street, Batavia, is charged with second-degree criminal contempt. Camerera was arrested after an investigation of a violation of an order of protection complaint at 8:42 p.m. April 29 on Hutchins Street in Batavia. He was released on an appearance ticket for Batavia City Court on June 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Jordan McGinnis.

Adam Michael Jellison, 42, of Sierk Road, Bennington, is charged with second-degree harassment. Jellison was arrested on May 10 in connection with a domestic incident that occurred at 8:44 p.m. on April 2 on Columbia Avenue in Batavia. He is also charged with third-degree criminal mischief stemming from an incident at 4 p.m. April 30, also on Columbia Avenue. He was arraigned on both charges May 11 in Batavia City Court and released on his own recognizance. He is to return to city court June 18. The cases were handled by Batavia Police Officer Connor Borchert.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with petit larceny. Cook was arrested at 3 p.m. May 11 following a larceny investigation. It is alleged that at 12:30 p.m. April 23 Cook committed petit larceny at Sav-A-Lot on Ellicott Street in Batavia. Cook was issued an appearance ticket, returnable to Batavia City Court on June 2, then released from custody. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Margaret M. Pillo, 47, of Walnut Street, Batavia, is charged with petit larceny. Pillo was arrested following an investigation into a shoplifting incident that occurred at the Dollar General store on East Main Street in Batavia at 4:50 p.m. May 8. She was issued an appearance ticket then released and is due in Batavia City Court on June 30. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Peter Post.

Batavia Police Department is investigating a series of car break-ins and petit thefts in Batavia and police say the crimes are happening throughout the city during the overnight hours.

This video was submitted by a reader from a home surveillance camera. The photo below was provided by Batavia PD.

Det. Eric Hill said he didn't have at hand the total number of break-ins recently, but that is no more than usual for this time of year.

The cars being hit have been left unsecured.

Hill asked us to remind readers, "to bring valuables inside, lock their vehicles, and report any suspicious activity to us."

He also said if other residents have video of suspected criminal activity to please share them with police to help identify a suspect or suspects.

Anybody with information can contact Officer Peter Post at (585) 345-6350.

The Genesee County Planning Board on Thursday night recommended approval of a zoning text amendment to allow mixed-use buildings in the Town of Pembroke Interchange District, but not before a discussion on the practice of placing housing units in industrial parks.

Tom Schubmehl, a member of the planning board and Pembroke resident, said he had some reservations about the Town Board’s application to modify zoning in the Interchange District -- a wide area around Thruway Exit 48A, extending to Route 5 along Route 77.

“Is there any other district in the county industrial districts that allows residential use? Schubmehl asked, directing his question to County Planning Director Felipe Oltramari.

Oltramari said that the Interchange District was different from a traditional industrial district.

“It can have commercial and it can have industrial … it has the Flying J (Travel Center). It has other things like that and includes an industrial park from the EDC,” Oltramari said, adding that he couldn’t think of other similar areas in the county that permit mixed-use facilities.

Schubmehl said he couldn’t either and said “it is a concern of mine that we start letting residential fill in this space. It's going to be no different than the rest of Pembroke.”

“I know it has no bearing on the impact of inter-community that we're discussing here tonight as a County Planning Board, but as a resident of Pembroke, I think it's bad idea,” he stated.

$3 Million Commercial/Resident Project Proposed

The Genesee County Economic Development Center is touting a $3 million commercial/residential project at its Buffalo East Technology Park, which is situated in the Interchange District.

J & R Fancher Property Holdings LLC has proposed building a 32,254-square-foot, three-story facility on two acres in the park, and is waiting for a public hearing and GCEDC board vote on its application to receive more than $600,000 in property, sales and mortgage tax incentives.

According to the GCEDC, the project consists of 17 market-rate, one- and two-bedroom apartments on the second and third floors, with space for four commercial tenants, as well as indoor parking and a fitness center on the ground floor.

Chris Suozzi, GCEDC vice president of business development, was on the planning board’s Zoom videoconference meeting last night, and pointed out that his agency worked with the Town of Pembroke on attracting the venture.

“They were all in favor for it,” Suozzi said. “Certainly, there's a housing shortage need in Genesee County. If anybody hasn't seen the housing study that LaBella (Associates) put out, (it’s) on the Genesee County website. And there's a big shortage of housing.”

GCEDC: 'Live, Work, Play' Model

Suozzi said the GCEDC is promoting a “live, work, play model” and that housing – particularly at industrial parks -- is an essential component in that thinking.

“And I know the location … in Pembroke is a great location because it's across from the school and already has a Tim Hortons that wasn't part of the EDC project, but it has that ability to be right next door to it and also has 7.9 acres in total that is being proposed, of which 2 (acres) are buildable and the other 5.9 are wetlands,” Suozzi offered. “They're all protected. It's a green space.”

He went on to say the project will generate tax revenue for the Town of Pembroke and reiterated that the town board is endorsing it.

Schubmehl then asked Suozzi if the GCEDC was going to consider residential at the WNY Science & Technology Advanced Manufacturing Park (STAMP) in the Town of Alabama.

“Well, you know, if the town said yes, I would certainly look at it, but it's not really up to Chris Suozzi and it’s not up to the EDC -- it's up to the municipality,” he said, again referencing a housing shortage.

“We look at economic development as a whole, and we bring in these companies … and the workers are living in Rochester and Buffalo, (so) we’re not optimizing the economic benefit of Genesee County,” he said. “And that's what that housing studies are showing; (that) there's a big need and we're missing the boat in terms of that revenue staying right in our county.

“So, to me, this is a new world right now and housing’s a big part of it, and the 'live, work, play' model is starting to change what's going on Downtown Buffalo right now … It's because all these old factories are being recondition and rehabbed and the millennials are jumping all over them and they're seeing growth in their workforce.”

Director Promotes Mixed Use for STAMP Site

Oltramari said he could foresee mixed-use buildings at the STAMP site, especially in a technology district closest to the hamlet of Alabama.

“I could see mixed-use buildings in that because the whole point of that is sort of having like an actual link between the hamlet and the business park,” he said. “You could have commercial businesses on the bottom floor, sort of like a main street kind of scenario. And I think that's been the vision for, you know, that kind of part of the park for a while now. So, I think even the town would be in favor of that at STAMP.”

Schubmehl asked whether or not the “live, work” model was actually in the proposal in front of the board, which prompted Oltramari to say he didn’t see it as a major issue.

“I think the era of separating uses, just for the sake of it commercial from residential or, you know, the whole reasoning behind that is to keep incompatible uses apart,” he said. “I don’t see that as a reason anymore, especially in the business parks.”

Planning Board Chair Laraine Caton then asked for a vote and all members, including Schubmehl, voted in favor of the request.

“No, I'm not opposed to it for the purposes as a planning board, we’re worried about inter-community problems here,” Schubmehl said. “And that's not an inter-community problem.”

In other action, planners:

-- Recommended approval with modifications of a special use permit for Jesse and Jolene Coots of Le Roy to operate an ATV, automotive event, hill climb, mud bog and time trial course on 10 acres of a 110-acre vacant parcel of land that they own on Perry Road in Pavilion.

The applicants said they plan to hold events two or three times this year (with the schedule dependent upon the COVID-19 pandemic).

The board’s modifications focus on the applicant obtaining written documentation from NYS Department of Conservation that the project will not be encroaching on wetlands as well as a permit from the Army Corps of Engineers for the potential Federal Wetlands. It also asks that the Coots submit an application for 9-1-1 Address Verification to the Genesee County Sheriff's Office to ensure that an address is assigned that meets Enhanced 9-1-1 standards.

-- Recommended approval with modifications of a special use permit request from Waifin Properties LLC of Clarence Center to operate a contractor’s yard in a Commercial District at 850 Main Road, Pembroke.

The proposed yard would encompass a 100-foot by 100-foot area on a 7.6-acre lot.

The board said the applicant is required to surround equipment and materials storage area with a fence of at least 8 feet high that has a gate, which shall be closed and locked except during working hours.

The process to replace John Hilchey on the Genesee County Legislature begins with the Republican Party committees in the two towns that he represented, according to the county’s Republican Party election commissioner.

“The procedure would be that the Republican committees in the two towns – Alabama and Oakfield – would have to have a meeting to interview candidates to replace John,” Richard Siebert said Thursday. “Upon having that meeting, when they selected a candidate, they would then recommend that candidate to the County Legislature, which makes that appointment.”

On Thursday, Hilchey, the District No. 1 legislator, resigned, citing conflicts with his employment. He joined the legislature after winning the election in November 2017.

Siebert said the person who emerges from the committee meetings – “hopefully the best qualified person they can find,” he noted -- would serve for the rest of the year.

“And that person would still have an opportunity to get on the ballot for the November election, which they call an ‘opportunity to ballot’ and any party can do it, not just the Republicans,” he explained.

Others could run for the post as well, Siebert said, meaning there could be a contest in six months.

He also said the winner this November would serve in 2021 and then, provided he or she wishes to continue, be on the ballot again in November 2021, when that seat goes for a four-year term.

Potential candidates for the seat must reside in Alabama or Oakfield to be eligible.

Letters of intent will be accepted until May 22 and should be sent to Alabama Chairman Earl LaGrou at 7420 Macomber Road, Oakfield, NY 14125, or Oakfield Chairman Daniel Manges at 7475 Fisher Road, Oakfield, NY 14125.

For questions, contact LaGrou at (716) 912-8195 or Manges at (585) 813-3516.

Siebert said he was shocked to hear of Hilchey’s resignation.

“I can’t remember a legislator just stepping down,” he said. “I do know that John was very devoted and was a great asset to those two towns and will be deeply missed.”

Legislature Chair Rochelle Stein accepted the resignation with regret, stating that “we are losing a community leader who has served the people of Alabama and Oakfield honorably and well.”

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 166 positive cases.
    • The positive case resides in Darien.
    • The positive individual is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • One of the previous positive cases have recovered and have been released from mandatory isolation.
    • Four of the total active positive cases are hospitalized.
    • Genesee County has received word of one new death notification related to COVID-19. The individual was over 65. Our condolences to the family and friends of this individual during this difficult time.
  • Orleans County received four new positive cases of COVID-19, for a total of 146 positive cases.
    • One of the positive cases resides in Ridgeway and one of the positive cases resides in Kendall.
    • Two of the positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
    • One of the individuals is in their 30s, one of the individuals is in their 60’s, and two of the individuals are in their 70s.
    • None of the newly positive community cases were on quarantine prior to becoming symptomatic.
    • Four of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Twelve of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • Orleans County has received word of one new death notification related to COVID-19. The individual was over 65 and a resident of The Villages of Orleans Health and Rehabilitation Center. Our sincerest condolences to the family and friends of this individual during this difficult time.

Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

Whether you’re an owner of a business, executive director of a nonprofit organization, manager of a public service agency or pastor of a place of worship, if you don’t have a plan for reopening according to New York State COVID-19 guidelines, then now is the time to develop one.

That was one of the key messages conveyed by Genesee & Orleans Public Health Director Paul Pettit and Genesee County Manager Jay Gsell at a Zoom videoconference this afternoon.

The hour-long webinar, hosted by Tom Turnbull, president of the Genesee County Chamber of Commerce, attracted 185 people – many of whom are wondering what they need to do to get their workplace up and running again.

Both Pettit and Gsell emphasized the importance of having a plan in place that addresses physical distancing, protective equipment, cleaning and hygiene, communication, and screening – all of the bullet points on the NYS business reopening safety plan template (pdf).

Reading from the document, Pettit said that “this plan does not need to be submitted to a state agency for approval, but must be retained on the premise of the business and must be made available to the State of New York Department of Health, local health or safety authority in the event of an inspection.”

“We can’t give you any clarity of what that means beyond potentially if you have an issue, if we potentially trace back an outbreak or a cluster to a business or a location based on contact tracing, we’re probably going to be asking you to let us see your plan,” he continued. “How are you ensuring that you are protecting your employees (and how) you’re protecting your consumers if they came into the business?”

Gsell said the state government and health officials are trusting that all businesses and organizations follow the requirements listed and fill out the form.

“It’s scout’s honor that you put the plan together and then you have gone to the website and attested that you’ve done this and you have it on file at your plant location, your business location – whatever that may be,” he said. “The county, itself, is going to have to do this and we’re starting to do that already.”

He added that the template is for all entities, no exceptions.

“It does not leave anybody out … in terms of how they want us to plan and continue the protocol, and also recognize that at this point, the State of New York also doesn’t want to have hundreds of thousands of plans on file that they would probably not ever be able to get to,” he said.

The Genesee & Orleans Health Department also has drafted a document for business owners – a reopening guidance and fact sheet (pdf).

Pettit noted that the plan for reopening is being driven by the state and that Genesee (along with Orleans and Wyoming counties) is “tethered to our surrounding Finger Lakes Region counties” as the strategy calls for a regional approach.

“The governor has been very clear that his decision – the Empire State Development and his administration – has the final say on what happens here locally,” he said. “We do not have the flexibility here to create our own plan. We did try that route when we first found that we were able to start potentially opening on May 15^th, we wanted to put together a more local plan for Genesee and Orleans county, but that was shot down … All of the metrics and all the data are going to be driven by what happens regionally.”

He then talked about the impact of the coronavirus in Genesee County, noting that: 165 people have tested positive; 1,785 tested negative; 15 are in isolation; 56 are in quarantine; three have died; and 95 have recovered.

Pettit mentioned that the health department recently “did break apart the community from regulated facilities (nursing homes, for example) and we did that because we wanted to make sure there was a clear delineation between what was happening in the community versus what was happening in these kind of captive audiences, these residential facilities.”

He said Genesee has experienced “very little” community spread; it’s mainly been driven by what’s going on in this regulated facility environments.”

While the exposure has been low thus far, Pettit said he hopes that a future spike doesn’t occur and derail the region’s progression from Phase One (starting tomorrow) through the other three phases.

Pettit said it is vital that people continue practicing social distancing and take other precautions.

“Our biggest concern on the public health side is we all of a sudden start to un-pause and see significant increases in spikes, the number of cases, the number of hospitalizations – the governor has been very clear that it will lead to the region being paused again,” he said. “We want to be able to move forward successfully and safely, and we want you guys to start to generate some income and revenue … in a safe, smart and strategic way.”

Other key points from the webinar:

-- Gsell said that each phase will have at least a two-week time frame – and possibly up to four weeks -- between them, during which an analysis of the seven metrics will take place. The outcome of the data assessment will determine whether a region moves ahead, stays in place or goes back on “pause.”

-- The state considers contract tracing as a determining factor that has kept some regions (including Western New York – Buffalo area) from advancing into Phase One, Gsell said.

“This is where the science comes in and where the state is going to continue to hold our feet to the fire with what we know about the people who we are dealing with and what is being reported to the State of New York and also to our local county health department,” he said.

-- NYS Executive Order 202.16 mandates that all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees.

Pettit said if people can’t maintain six feet of separation, then they must wear a mask.

For more information, call ESD at 1-888-364-3065.

The webinar was presented by the Chamber of Commerce in conjunction with the Batavia Downtown Business Improvement District, Batavia Development Corporation, and Genesee County Economic Development Center.

The Finger Lakes Region, which includes Genesee, Orleans and Wyoming counties, is a day away from Phase One of Gov. Andrew Cuomo’s four-phase strategy to reopen the economy, but it has to continue to fulfill all seven health-related components to keep moving in the right direction.

“Right now, we’ve met all seven of the metrics, hospitalization rates, bed capacity, testing, and so on, and they all have to stay in the green or we go back to a ‘pause’ on Phase One again,” advised Genesee County Manager Jay Gsell this morning.

Gsell said the entire nine-county Finger Lakes Region will be monitored by the state on a daily to make sure it is within the parameters of the metrics:

-- Decline in Total Hospitalizations;
-- Decline in Deaths;
-- New Hospitalizations;
-- Hospital Bed Capacity;
-- ICU Bed Capacity;
-- Diagnostic Testing Capacity;
-- Contact Tracing Capacity.

“That’s what we’re following and we can’t get ahead of the governor,” Gsell said. “This is how controlled this is going to be.”

The state has a website, New York Forward, that includes a detailed list of the businesses that are eligible to return in six categories assigned to Phase One:

-- Construction;
-- Agriculture;
-- Forestry, fishing and hunting;
-- Retail (limited to curbside or in-store pick up or drop off);
-- Manufacturing;
-- Wholesale trade.

Additional documents on the website include summary and guidelines, along with a safety plan template for reopening, for each business category.

According to the website:

“Businesses in each region will reopen in phases. Reopening refers to nonessential businesses and business activities. Essential businesses and business activities that are open will remain open. The guidelines below apply to both nonessential businesses in regions that are permitted to reopen and essential businesses throughout the state that were previously permitted to remain open.”

Phase Two includes professional services, retail, administrative support, real estate/rental & leasing; Phase Three expands to restaurants and food services; and Phase Four lists arts, entertainment, recreation and education.

Incidentally, playing tennis is being allowed under Phase One, Gsell noted.

Each area of the state is guided by a Regional Control Room that is responsible for keeping tabs on metrics and providing regular updates to communities. Members of the Finger Lakes Control Room include county legislature chairs Rochelle Stein (Genesee), Lynne Johnson (Orleans) and Jerry Davis (Wyoming).

Gsell issued a warning to citizens to continue to practice social distancing measures and wear masks as necessary during the reopening.

“I understand that people are restless and anxious but if we proceed too fast, in a confused and chaotic manner, the (COVID-19) virus will come back in a real negative way,” Gsell said. “We won’t just be behind the 8-ball, the 8-ball will take us down like the Rock of Gibraltar – and we don’t want to go there.”

By a narrow margin earlier tonight, the Genesee County Legislature voted in favor of a resolution that removes authorization from the county treasurer to make revenue distribution payments to towns and villages until further notice, thus rescinding agreements forged in 2018 and 2019.

Five legislators – Chair Rochelle Stein, Marianne Clattenburg, Andrew Young, John Deleo and John Hilchey – voted “yes” and four legislators – Gregg Torrey, Gary Maha, Christian Yunker and Gordon Dibble – voted “no.”

Legislature Clerk Pam LaGrou announced that the measure passed with a weighted vote total of 172, eight more than the 164 needed for approval.

Earlier, an attempt to table the resolution also failed, with the weighted vote number to table at 154. The four legislators who voted “no” to the resolution were the ones who voted “yes” to hold off.

Just prior to the final vote, Stein made a brief statement in an attempt to quell town and village officials’ fears.

“I would just like to offer that I have been having a conversation every week with our leaders and there is every intent to ensure that they are not left behind, and we are all in this together,” she said. “There is the opportunity for all of us to work through this together and make sure we successfully come through. There is intent to continue to provide support for towns and villages as we have demonstrated before and that will continue.”

After the vote, Vickie Almquist, a Village of Bergen trustee who was signed into the Zoom videoconference meeting said, “Thanks for nothing.”

The resolution to rescind the authority to make the quarterly payments has caused quite a stir throughout the county (see an earlier story from today below, headlined, Legislature chair asks towns, villages to 'stick with us and hold tight' as county deals with loss of revenue).

Clattenburg said that the resolution was necessary because the county realizes it is unable to make the payments (which include sales tax receipts) “at the level of 2018, so this takes away the treasurer’s ability to make those payments at that level.”

Her statement prompted another question from Almquist: “For ever and ever?”

Dibble, who represents the towns of Pembroke and Darien, then proceeded to make a motion to table the resolution, explaining that “such actions could be delayed without the loss of options currently available to us.”

“I’m confident that the towns and villages fully understand the negative potential this situation has created and that a significant loss of revenue is certain,” he said. “I ask that we table this resolution before us to take advantage of the additional weeks such tabling would afford us.”

Yunker seconded the motion, and that was followed by Almquist asking, “So, you’re going to do this forever then, huh?”

Then a man, identified as Elba Village Mayor Norm Itjen (see comments below), asked why he wasn’t allowed to speak, mentioning that he raised his hand at the beginning of the meeting and “was passed over.”

“This will show in a vote,” he said, and was followed by Almquist's comment, “Really, you’re never going to give us any money ever again.”

“I hope you guys get voted out next time,” Itjen said, before the duo were muted out of the meeting.

The three other legislators who voted against the resolution spoke prior to casting their ballots, reasoning that they could use the time before another round of payments was due (in July) to receive more information and provide more clarity.

Maha said he was going to vote against the resolution “because after listening to our representatives from the towns and villages, I understand their frustration and share some of their concerns with the language that’s in this resolution.”

“We have plenty of time – two months – to rescind this resolution. I think we can get together and craft some language so it isn’t so strong. At the end, it says we’re going to discontinue these payments until further notice. I think we can change some of the language that would satisfy our towns and villages and show our support for them, and allow us to continue making distribution payments to them without any specifics … as to how much.”

Torrey said he worked closely with the three towns that he represents (Alexander, Bethany and Pavilion) and the Village of Alexander when the current agreement was crafted.

“I’m not comfortable leaving them in a vacuum during this very difficult time,” he said. “I think we have time to get more clarity and draft a replacement agreement that will better serve the county and our partner towns and villages.”

Yunker, who represents the towns of Elba, Byron and Bergen, said that rescinding the treasurer’s authority to make the payments leaves the villages with “no clarity and zero commitment, and without a replacement (document).

“All we need to do is act like they are our partners and come up with a resolution, committing something to them,” he said. “I believe we have time – a distribution doesn’t need to be made for several months -- and we can work with our partners … to see what comes out of the federal stimulus, and see what comes out of the state budget and use the time. There’s no rush, so I’m going to vote ‘no.’”

In other action, legislators:

-- Passed a resolution calling on the Congressional delegation to provide counties with direct federal aid to support counties’ COVID-19 response and reopening economic activity efforts, further stating that counties outside of New York City can expect to lose between $1.5 billion to $3.5 billion in local revenue and state aid.

-- Passed a resolution accepting a grant of $74,261 from the New York State Board of Elections’ NYS HAVA CARES Act program to implement measures necessary for responsible, safe, and fair elections during the COVID-19 pandemic, for a contract term beginning March 28, 2020 through Dec. 31, 2020.