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President Donald Trump, in the final month of his one term, issued 15 pardons today, including a pardon for former NY-27 congressional representative Chris Collins, who entered a guilty plea more than a year ago to federal crimes stemming from insider trading activity. 

Collins also admitted to lying to the FBI about using information that wasn't available to the public about Innate Immunotherapy to tip his son and other associates that led them to dump stock in the company before news of a failed trial reached other investors.

Even while under federal indictment for the crimes, Collins ran for reelection and won.

Collins was the first member of Congress to endorse Donald Trump for president in 2016 and served on the transition team after Trump beat Hillary Clinton.  

The second member of Congress to endorse Trump was Duncan Hunter Jr., of El Cajon, Calif. Hunter was also convicted of federal crimes related to his misuse of campaign donations for his personal benefit. Today, Trump also pardoned Hunter.

Photo: File photo: Collins, with his wife standing beside him, at a press conference in August 2018 when he denied the insider trading charges that had been filed against him that day in New York City.

Press release:

• Genesee County received 75 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bethany, Bergen, Byron, Corfu, Darien, Elba, Le Roy, Oakfield and Stafford.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Fifty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Sixteen of the positive individuals are hospitalized.
  • Seven of the new positive cases are residents at Le Roy Village Green.
  • Three of the new positive cases are residents at Genesee Senior Living.
  • One of the new positive cases are residents at Premier Genesee.
  • Due to the increased positive cases reported yesterday, there was a mistake in calculating the number of active cases…today’s number has been corrected.
• Orleans County received 44 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Carlton, Clarendon, Gaines, Kendall, Murray, Ridgeway, Shelby and Yates.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Two of the individuals were on mandatory quarantine prior to testing positive.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Seven of the current positive individuals are hospitalized.
  • One of the new positives is a resident of Orchard Rehabilitation and Nursing Center.
  • One of the new positives is an inmate of the Orleans Correctional Facility.

Percent positive seven-day average as of Dec. 20, 2021 (https://forward.ny.gov/percentage-positive-results-county-dashboard):

• Genesee:  10.5 percent
• Orleans:  8.7 percent

Other than “a little arm soreness,” Laurie Kilbury Taylor, DO, an attending physician in the Emergency Department at United Memorial Medical Center, said she had no problem with the initial dose of the Pfizer COVID-19 vaccine and is looking forward – for a number of reasons – to completing the process.

Kilbury Taylor (pictured above) was among the first UMMC staff members to receive the vaccine – “I felt very privileged to be invited to be in the first group,” she said – and said all of her colleagues are on board with being vaccinated.

She took part in a Zoom videoconference interview this morning to give an update on how she is feeling and share some of her other thoughts after getting the first of two shots last Thursday.

“Right afterwards, I felt normal. There was no pain .. I had no side effects; I had no allergic reaction,” she said. “And then, I think later on in the day, I felt a little arm soreness and that extended until the next day.”

She said she took some ibuprofen when she got home and again the next day.

“That was about it. Since then, then I’ve been fine,” she added.

Kilbury Taylor said the procedure is similar to the flu and other vaccinations, noting that the arm soreness “is to be expected when they stick a sharp needle in your arm.”

“Maybe it was a little bit more than what the flu shot was, but much less than, say, the tetanus shot,” she said.

Still, she said she had no restriction of motion and was able to do everything she needed to do.

According to the Food & Drug Administration, side effects of the vaccine typically begin within two days and are resolved a day or two after that. The most common consequences listed are tiredness, headache, muscle pain, chills, joint pain and fever.

On a personal note, Kilbury Taylor shared that her 83-year-old mother, who has some medical issues, lives with her.

“I am always worried about coming home and having to take care of her and possibly transmitting COVID to her unknowingly because there are some asymptomatic carrier people,” she said. “Also, myself, if you haven’t noticed, I’m a little older and I do have asthma. So, for me being working in an environment where I’m constantly confronted with patients that have COVID or suspected COVID – although I’m wearing PPE (Personal Protective Equipment) -- it only takes once to touch your face when you don’t realize you’re doing it.”

Kilbury Taylor said the vaccine provides hope of ending the pandemic and help “to reduce this so we can get back to somewhat normal lives.”

“I am very hopeful that this can help us take care of our patients better, with more confidence. I hope that it will reduce transmission, and I hope, most importantly, is to reduce the severity,” she said. “Some of these people get very, very sick, and it may not prevent getting infected but it may – as the flu shot does – decrease the severity of the illness if you do get sick.”

She said she is scheduled to get the second of the two doses on Jan. 4. The two doses combined reportedly are 94- to 95-percent effective.

She also encourages people to not believe everything they read or hear on the internet or on social media.

“Despite the fear you see on the internet, those aren’t reputable sources … It was very easy, very little discomfort,” she said. “I’m excited. It’s something you can do for your family and the community …”

Kilbury Taylor said the vaccine gives her some “reassurance” that eventually she will have some protection against the virus.

“It’s not instantaneous. It takes a few weeks to build your immunity and get the booster shot. We, of course, will continue to use the PPE and wear our gowns and our masks and our shields, our gloves – and wash in and out – but it’s a sense of hope that eventually these restrictions will be relaxed,” she said.

Other doctors and medical professionals are ready and willing to get the vaccine, she said.

“They can’t wait to get the vaccine, and they’re worried. 'Are they going to run out before I get mine?’ is the biggest concern of the physicians.”

Photo courtesy of Rochester Regional Health.

As the Genesee County Police Reform and Reinvention Collaborative checks off the items it needs to cover per Gov. Andrew Cuomo’s Executive Order 203 on community policing, Sheriff William Sheron is taking it a step further by adding increased community input to the list.

Sheron addressed three more topics mandated in the executive order during Monday night’s Zoom videoconference meeting – hot spot policing, focused deterrence and crime prevention through environmental design – but also spoke at length about his department’s need to connect with the public.

“One of the things that needs to come out of this project is to develop a program to meet on a regular basis with the citizens of our county to identify their concerns about criminal activity,” Sheron said.

During the 40-minute meeting, the sheriff outlined several areas that could be improved by regular communication with government and civic leaders as well as residents.

• Annual Crime Statistics Report

Sheron said the plan is to put out a report within the next few months for 2020, detailing the types of crimes by town.

“I think it is very important that we get that out there so the citizens have a clear understanding of what the community is like, what kind of crimes that we are investigating. It’s transparency and I hope to resurrect that for 2020.”

• Regular Town Hall Meetings

Sheron said he looks to meet with community leaders and citizens to find what areas the community would like officers to focus on.

“We don’t formally hold meetings, but again that is an area of improvement. Typically, (we connect through) phone calls, emails, posting on our Facebook page or web page.”

• Speaking at Town & Village Board Meetings

Sheron said he hopes to contact town and village boards to have a spot on their meeting agendas to let them know what activities that are going on in their communities and to get some feedback and suggestions.

“That is something that I would include in the report (to the state by April 1) as that’s an area where we can improve,” he noted.

• Promoting the Tipline ((585) 343-3020) and a Webpage Link for Suggestions

The sheriff said the department receives calls on a regular basis about drug activity and other crimes, but agreed that it needs to be reinforced through public service announcements and other initiatives.

He also said that prior to the next committee meeting on Jan. 4, a link will be added to the Genesee County Sheriff’s Department website that citizens may utilize to submit comments, suggestions, complaints, etc., directly to the agency.

“I think that’s a great idea,” he said. “(Now, we really don’t have an area for suggestions and complaints. We will have a link on there for citizens to ask questions and provide information – good, bad and indifferent – and then we can follow up on that.”

HOT SPOT POLICING

Sheron defined hot spot policing as identifying and analyzing specific crime problems and locations and targeting resources toward solving those problems.

“We’re a little bit different in that we cover mostly a rural area opposed to an urban area, so our hot spot policing usually gets developed from citizen complaints – many to do with drug activity, a lot of vehicle and traffic complaints, or that we may be seeing an increase of burglaries or so forth,” he said.

Tools used in this regard, he said, including the Genesee County Drug Task Force (in conjunction with the other county police agencies), confidential informants, the City of Batavia Neighborhood and Enforcement Team, Police Traffic Safety grants, STOP-DWI, Monroe Crime Analysis Center and dedicated patrols in areas of potentially high drug, theft and traffic activity.

“We also have a patrol assigned to a 'hot spot' which is the core detail – Veterans Memorial (Drive) and that area with all the big box stores … where there is tremendous amount of traffic and considerable amount of theft in that area,” he offered.

“Again, this is much different than what you would see in an urban area like Rochester or Buffalo, where they have concentrations on violent crimes, shootings. We don’t have that in this area, thank God, but we do have ‘hot spot’ policing for specific situations."

FOCUSED DETERRENCE

Focused deterrence is a crime-reduction strategy, which aims to deter crime by increasing the swiftness, severity and certainty of punishment, usually directed at a specific crime problem such as gun violence, and primarily administered through prosecution and the courts, Sheron said.

Initiatives utilized in this area include KOPER Patrol, officers assigned to specific areas of suspected criminal activity; cooperation with the district attorney’s office, and the Genesee County Drug Task Force.

“Over the years, county court judges have been harsh with their punishment -- very stern with their sentences – and it sends a message clearly to those individuals that are coming in from outside this area to deal drugs in our communities,” he said.

CRIME PREVENTION/ENVIRONMENTAL DESIGN

The sheriff explained that attention to environmental design can help to increase the probability that an offender will be caught. Studies show that increased probability of capture tends to deter the commission of crime.

Examples of crime prevention through environmental design would be better lighting in crime-prone areas, conspicuous placement of security cameras with attendant conspicuous signage, elimination of shrubbery where it could serve as a hiding place for an attacker, etc.

In Genesee County, the Sheriff’s Office works with businesses, schools and individuals on crime prevention and personal safety issues; employs Civilian Response to Active Shooter Training, Neighborhood Watch, school resource officers, information about scams against the public, compliance checks at establishments that sell or serve alcohol and responsible server training.

He mentioned that cooperation among all law enforcement agencies in Genesee County goes a long way in the success of these programs.

“We do have a tremendous sharing of information and cooperation between the city and county,” Sheron said. “Genesee County as a whole … I don’t know if I’ve ever seen the cooperation as good as it is now.”

Press release:

Congressman Chris Jacobs (NY-27) helped pass a targeted, bipartisan COVID-19 relief package today in the House of Representatives.

“After months of deliberation, countless calls for targeted aid from my Republican colleagues and me, and hours of hard work, we have finally passed a bipartisan COVID-19 relief package through the House of Representatives,” Jacobs said. “This relief has been long overdue, and I am disappointed in the last-minute, rushed process that got us here. But I am glad this necessary aid is finally making its way to the people of NY-27.”

“Notably, this relief includes key provisions I strongly advocated for the past few months, including more small business relief through the successful Paycheck Protection Program (PPP) and tax-deductibility for PPP loan-covered expenses. For months, $138 billion in appropriated funding has sat waiting to be used.

"Now, that money and more will be available to millions of small businesses and employees. This aid comes at a critical time when New York small businesses are facing new restrictions and arbitrary shutdowns. We are also tackling key priorities like funding for the safe reopening of our schools, direct assistance to families in need, supporting farmers, and ensuring Americans receive safe and effective COVID-19 vaccines.”

The bipartisan COVID-19 Package includes important priorities:

• $284 billion to extend the Paycheck Protection Program and allow for both first and second-time borrowers to receive loans.
• $15 billion in aid for entertainment venues, movie theaters, zoos, and museums.
• Makes Paycheck Protection Program loan-covered expenses tax-deductible.
• $48 billion for the purchase and distribution of vaccines and state testing assistance.
• $600 stimulus checks for both adults and dependents.
• $300 per week in supplemental unemployment benefits.
• $92 billion to support the safe re-opening and operating of universities, schools, and childcare centers.
• $7 billion for high-speed internet development, including $300 million in rural broadband funding.
• $13 billion in funding to support American farmers, including funding for the Coronavirus Food Assistance Program (CFAP).

“Finally, although regrettably not included in this package – I remain committed to fighting for aid for local governments,” Jacobs said. “There is still work left to do in the new Congress, but this legislation is a major step toward supporting the American people and bipartisan cooperation.”

Press release:

• Genesee County received 159 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Byron, Corfu, Darien, Elba, Le Roy, Oakfield, Pavilion and Stafford.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • One hundred and 12 of the previous positive individuals have recovered and have been removed from the isolation list.
  • Fourteen of the positive individuals are hospitalized.
  • Twenty-eight of the new positive cases are residents at New York State Veterans Home at Batavia.
  • Two of the new positive cases are residents at the Le Roy Village Green.
  • We are saddened to report the loss of a resident of the Batavia VA Medical Center. The individual was over 65. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.
• Orleans County received 76 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Murray, Ridgeway, Shelby and Yates.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Eight of the individuals were on mandatory quarantine prior to testing positive.
  • Seventy-two of the previous positive individuals have recovered and have been removed from the isolation list.
  • Six of the current positive individuals are hospitalized.
  • One of the new positives is a resident of Orchard Rehabilitation and Nursing Center.
  • Two of the new positives are inmates of the Orleans Correctional Facility.
  • We are saddened to report the loss of an Orleans County community member. The individual was over 65. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.

The federal government’s decision to not include funding for state and local governments in the latest stimulus package is disappointing, according to City of Batavia and Genesee County municipal officials.

“It is very disappointing, especially considering that our frontline workers – our police and fire personnel – have been dealing with COVID for many months and we could really use that money right now,” Interim City Manager Rachael Tabelski said today.

On Sunday, Congressional leaders agreed to a $900 billion stimulus bill that, per a report in The Washington Post, will release a second stimulus check of up to $600 to qualifying adults and their dependent children -- but not dependent adults.

The package also extends a federal unemployment benefit check of $300 per week for another 11 weeks and the Payroll Protection Program to cover employee wages.

Democrats were unable to deliver direct funding to states and local governments, but they were successful in getting $22 billion to help municipalities with expenses such as COVID-19 testing and vaccines.

Tabelski said the city continues on its COVID-19 austerity budget this year, and isn’t planning on any revenues from the federal government as it embarks on its 2021-22 budget that takes effect on April 1. Staff is working on the spending plan now, she noted.

“We are projecting 20-percent cuts in state aid next year, and we’re still operating under that premise for this year,” she said.

She also said it is “concerning” that Gov. Andrew Cuomo indicated he may put off drafting the state’s 2021-22 budget until February or March as he holds out hope for federal support.

“We are planning our budget and they are going to wait in Albany. Normally, the state puts out a (preliminary) budget in the first few weeks of January. It is another challenge we have to face, but we’ll get through it,” she said.

Genesee County Manager Matt Landers said, “I’m definitely disappointed in the fact that no money is there for state and local governments, but I’m glad that there is was a package put together that benefits a large number of our citizens in other ways – with the stimulus checks, with extending unemployment benefits, with additional assistance for fighting COVID."

Landers said that since he had already budgeted for 20-percent less in state aid, “the lack of a relief for the state government should not have any further impact on us.”

“I budgeted very conservatively, assuming we wouldn’t get any relief and, so far, it looks like it was a good idea,” he added.

Woodrow C. Horseman, 44, no permanent address, is charged with second-degree assault. Batavia Police Officer Peter Post arrested Horseman at 9:03 a.m. Dec. 9 on North Street, Batavia. It is alleged that Horseman struck another male in the face multiple times with his fists, causing serious physical injury to the victim. Horseman was arraigned in Batavia City Court and jailed without bail. He was due back in city court Dec. 17. Post was assisted by Officer Felicia DeGroot in this case.

Alex Scott Dumbleton, 27, of West Main Street, Batavia, is charged with: endangering the welfare of a child; second-degree burglary -- illegal entry into a dwelling; first-degree criminal contempt -- violating an order of protection with physical contact; second-degree criminal contempt -- disobeying a court order; and criminal misdemeanor -- acting with intent to damage property. Dumbleton was arrested on the charges at 1:05 p.m. on Dec. 11 at an apartment on Pearl Street in Batavia. He was arraigned virtually in Batavia City Court and held in jail on unspecified bail. He was due back in city court Dec. 15. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Blake R. Terry, 20, of North Spruce Street, Batavia, is charged with third-degree assault. He turned himself in at Batavia PD headquarters during the afternoon of Dec. 14 on an arrest warrant out of Batavia City Court that stemmed from a reported physical altercation Oct. 8 on Bank Street, Batavia. He was arraigned virtually in city court and released on his own recognizance. Terry is due in city court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with second-degree menacing. Lyons was arrested at 2:05 p.m. Dec. 10 at the Kwik Fill at Jackson and Ellicott streets in the city after it was reported that she displayed a knife after an altercation with an employee. She was issued an appearance ticket and is due in Batavia City Court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin DeFelice. 

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree criminal contempt. He was arrested after an investigation of an incident that occurred Dec. 4 wherein Sewar allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on March 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Dennis Paul Kiener, 49, of Hagen Avenue, North Tonawanda, is charged with: driving while intoxicated, with a BAC of .08 percent or greater; DWI; moving from lane unsafely; and speed not reasonable and prudent. Kiener was arrested at 3:48 a.m. on Dec. 19 on Sand Hill Road, Tonawanda Indian Reservation, following a single-vehicle accident. He was released on appearance tickets and is due in Alabama Town Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Austin Heberlein.

Terry Michael Roth, 45, of West Main Street, Batavia, is charged with: driving while ability impaired by drugs; moving from lane unsafely; and expired vehicle inspection. He was arrested at 12:52 p.m. on Dec. 19 following an investigation into an accident that occurred at 5:06 p.m. on Oct. 30 on East Main Street in Batavia. Roth was issued uniform traffic tickets and is due in Batavia City Court on Feb. 24. After his arrest, he was released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

Craig James Alexander, 48, of Lewiston Road, Alabama, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI; and moving from lane unsafely. Alexander was arrested at about 11 p.m. on Dec. 17 on Albion Road in Oakfield after a single-vehicle accident. He is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Matthew Metahan Osmancikli, 28, of South Lake Road, Pavilion, is charged with second-degree harassment. He was arrested at 2:45 a.m. on South Lake Road after an alleged physical altercation with another person. He was released with an appearance ticket to be in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore.

Press release:

Genesee County announced holiday hours for free drive-thru COVID-19 self-administered rapid testing for residents who are asymptomatic (no symptoms, not feeling sick, etc.).

Free testing will be available on Tuesday, Dec. 22^nd and Tuesday, Dec. 29^th from 1 until 4 p.m. There will be no testing on Thursday, Dec. 24^th (Christmas Eve) and Thursday, Dec. 31^st (New Year’s Eve).

The testing is at Genesee County Emergency Management Office & Fire Training Facility, at 7690 State Street Road in the Town of Batavia.  

“County workers and others across the community who are volunteering their time at our drive through testing site have been going above and beyond duty and we want them to take some time during the holidays to be with their families,” said Genesee County Legislature Chair Shelley Stein.

“As we are reminding them and are reminding the community, even though it is such a special time of the year to keep your gatherings limited for everyone’s safety.”

To schedule a test, you must register online here. Anyone needing additional help for online registration may contact the Genesee County Health Department at (585) 344-2580, ext. 5555.

“We want to avoid delays and get as many people tested as possible, so registration is a requirement,” said Genesee County Health Director Paul Pettit. “Registering is easy and takes only a few minutes and it really helps in keeping the flow moving at the testing site.”

As a reminder, anyone who had a recent potential exposure to COVID-19 should not recommended to be tested until at least five days have passed since the exposure.

In addition to registering for the test, please keep in mind the following guidelines:

• Make sure you have a pen in your vehicle.
• Everyone in the vehicle is to have their mask on when they pull up at the testing site.
• A parent or guardian must be present for any individual under 18 who is going to be tested.
• Those who are tested could get a call fairly quickly from an unknown number; please answer the phone as staff cannot leave messages and can only give results to the individuals tested or the guardian of those under 18 years of age.

Press release:

• Genesee County received 52 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Byron, Corfu, Darien, Elba, Le Roy and Oakfield.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Eighteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-nine of the positive individuals are hospitalized.
  • Six of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility.
  • Two of the new positive cases are residents at the New York State Veterans Home at Batavia.
  • One of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation.
• Orleans County received 30 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Carlton, Clarendon, Gaines, Murray, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Two of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.
  • Twelve of the new positives are inmates of the Orleans Correctional Facility.

In a Zoom press conference with reporters from throughout the region this morning, Genesee County officials pleaded with residents to try and help bring down the local COVID-19 positivity rate so the state doesn't put us in an Orange Zone, which would mean business closures.

"Our numbers are still," said County Manager Matt Landers. "They're rising to an unacceptable level, and it is very concerning to myself, to Legislative Chair (Shelly) Stein and Paul (Pettit, public health director), because we know what an Orange and a Red (Zone) does to a community. We know that it will negatively impact our businesses, and that's the last thing we want to see."

The seven-day rolling positivity rate for Genesee County is 9.2 percent. The 14-day rate is 8.3. That puts the county dangerously close to another lockdown order.

Landers noted that local residents, when going to bars, restaurants and local retail establishments they are doing a good job of following CDC guidelines: keeping their distance and wearing masks as directed. However, most of the local positivity rate is being driven by social gatherings on private property.

The contact tracing health workers do when a new positive case is identified is revealing a strong trend, Pettit said. People are going to private gatherings and getting infected. The secondary trend more prevalent recently is people coming home and infecting another member of the household.

"There's a lot of effort, a lot of communication going out, but ultimately, we need people to know, it comes down to choices and what people choose to do," Pettit said. "And, you know, we're asking folks to choose to try to minimize, and really from our perspective, do not get involved or not go to any nonessential gatherings that you don't have to."

Stein also asked people to be more cautious in the choices they make.

"Unfortunately, we have to step up our vigilance even more, cautious as the temptation is for gatherings, as it becomes stronger during Christmas and New Year's right around the corner," Stein said. "We cannot relax our social distancing to have our normal gatherings. At the same time, I don't want to be sending mixed messages, but Christmas and the holidays are important for our local businesses who are already suffering. Please, please take the proper precautions as you go about your shopping, practice, safety protocols, shop online locally if possible, be mindful of every action that you take."

There is light at the end of the tunnel, Petit noted. One COVID-19 vaccine has arrived and another is nearing approval for distribution. Even so, it will take months to get enough people vaccinated to make a difference. In the meantime, the message remains the same: follow the guidelines.

As local media reports the rising number of COVID-19 cases, there are still people on social media who try to downplay the critical nature of the current surge of identified coronavirus cases.

We asked Pettit about some of these common myths and misconceptions. 

What about the flu? How come we never hear about the flu?

"The flu is obviously a concern, right? I mean, we have flu season every year," Pettit said. "Flu is different than COVID. They're not the same thing. There's a lot of comments and conversation around there that it's just the flu or they're not reporting flu numbers. We've had a very comprehensive flu tracking system for a long time. Flu is starting to pick up. People can go on the state's Department of Health website and actually look and see a number of confirmed flu cases all across the state.

"We do have flu cases locally. It's not widespread yet, so obviously every year we get a declaration from the commissioner of health at some point when flu is pervasive and widespread through New York State, and that's the official start of flu season."

Pettit also noted that just like there are some people with COVID-19 who don't get tested, it's common for people with the flu not to get tested so you can't really compare COVID cases, which is more frequently confirmed during this pandemic, than flu cases.

What about the false positives?

"I can tell you that all of our positives we report in Genessee and Orleans county are positive for the case that there's a confirmed lab test that shows they're positive," Pettit said. "When you look at the tests that are being done for confirmation purposes. Again, the PCR test is a lab-based molecular test, the sensitivity, and the specificity. So that confirmed positive. ... We're pretty comfortable and confident that our positive cases are positive cases. 

"There is a chance of more false negatives with some of these rapid tests particularly. They're not quite as good, but most of them are around 93 to 95 percent accurate on the negative side."

Aren't other diseases are getting reported as COVID-19 positive case?

"We're not mixing up diseases," Pettit said. "We're not reporting flu as COVID. They're completely different viruses. There are different tests that detect the virus. So there really is no mix-up. I mean, we're specifically testing for specific diseases."

There are only 220 active cases in a population of 57,000. Aren't we overreacting?

"The big deal is, and again, I'm gonna go back to what I talked about earlier, the hospitalization rates in our most vulnerable folks to go with a high positivity rate. The big deal is we don't want to see anybody die if we don't have to -- if we can prevent it. ... If you look at positivity in cases, the viral load in our community, the better chance we can have of not impacting one of these folks that may be higher at risk.

"The more positives we have in our community, the more activity, the number of active cases that just tells us it's a snapshot of look under the hood, that we have a lot of transmission going on and that transmission's based on behavior. Sometimes we can't pick and choose who gets exposed to that. Ultimately, the goal is to try to get that lower. We want to see less active cases. We want to see a lower positivity rate."

There are COVID-19 patients from Rochester at UMMC. Isn't that contributing to our higher numbers?

Pettit said it's true that there are Monroe County residents being treated at UMMC. There are also Genesee County patients being treated in Monroe County. The 24 people currently listed as hospitalized are Genesee County residents, regardless of where they are currently located and no Monroe County residents are included in that number.

What about Batavia Downs? Why is it open? 

"When it comes to businesses, again, we're following the state's guidelines on who can be open and when they can be open and what capacity they can be open at," Pettit said. "Obviously, when you get into different zones or reductions of different sizes and gatherings, essential nonessential services. Ultimately, when it comes to any of these types of areas, the most important things people look at are their risk, their potential exposure, and how COVID may play out for them personally. But any of the businesses that are open currently are operating at whatever the governor in the state has deemed appropriate and safe for them to operate. 

"Ultimately there's risk wherever we're going out, which is why it's important to continue to remember, to mask in the distance and stay home if you're sick. So ultimately, we're not dictating locally what businesses are open or closed. It's all done through the state guidelines. And that's been that way since last spring."

And we asked Pettit address the oft-repeated phrase: "Don't live in fear."

"I don't think we should live in fear," Pettit said. "I've never been a proponent of living in fear, but I do believe we need to have respect. It's about respecting the virus. It's about respecting what the virus can do to not only us, but our loved ones and those in our community. And it's about respecting each other. And ultimately, as we've said many times, we are in this together, whether we like it or not. We are in this as a community and we need to respect each other's feelings and positions on things and ultimately do our best to come together during this time to get us through the finish line."

Press release:

• Genesee County received 48 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield and Pavilion.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Twenty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-four of the positive individuals are hospitalized.
  • Two of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility.
• Orleans County received 38 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Murray, Ridgeway, Shelby and Yates.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 80s.
  • Eight of the individuals were on mandatory quarantine prior to testing positive.
  • Twelve of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.
  • One of the new positives counted on 12/16/20 was determined not to be an Orleans County resident and has been deleted from our total numbers
  • We are saddened to report the COVID-related death of one of a community resident. The individual was over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the family and friends of this individual during this very difficult time.

The Batavia Town Board on Wednesday night took the first step toward consolidating all of town’s water districts into one by passing a resolution to accept a $45,930 grant from the New York State Department of State’s Citizens Reorganization Empowerment Implementation program.

Town Supervisor Gregory Post said that the grant will cover the costs of engineering services provided by staff and outside consultants to put together a plan to combine the town’s 30 or so water districts and improvement areas into a single water district to be known as the Town of Batavia Consolidated Water District.

“This is something that we have been working toward for the past 15 years, and the grant gives us the opportunity to get it started,” Post said. “In fact, I have advocated for this for the 35 years that I’ve been involved in town government.”

Post said that consolidation will save the town money in the areas of water district management and administration, and will pave the way for an asset management and capital improvement plan in a cost-efficient manner.

“I expect that we will save hundreds of thousands of dollars in future administrative costs, while also putting us in line with state regulations,” he said.

Post said it behooves the town to start this process now as much of the water pipeline that was constructed in the early 1970s is nearing the end of its lifespan. He also said the town was called out by the state Comptroller for not keeping separate accounts of each of the town’s more than 30 water districts.

“By consolidating into one, we will be able to spread the cost of debt through all town water users and meet state requirements,” he said, noting that the town did merge a few water districts previously.

“Many users haven’t paid any water debt in 20 years; they’re just paying for the water. But those in the newer districts won’t be able to get water if the old pipes fail. Consolidation would equalize the cost across the board, and everybody will reap the benefits.”

Currently, residents in about 15 water districts are paying some level of debt service via a special district tax.

The supervisor said the town would be in a better position in terms of economic development as well by “leveraging all commercial, industrial and residential areas into a common resource.”

Post did acknowledge that the move to consolidation could be somewhat controversial, but it would be “unaffordable for those in districts with aging pipelines that become not suitable to have to pay 100 percent of the costs (to repair or replace them).”

Town Engineer Steve Mountain said his staff will begin work next month on drafting a report detailing the consolidation plan and hopes it will be ready by this summer. He also said public information meetings will be scheduled.

“We want to make sure that everybody affected by this is part of the process,” he said.

In other developments:

• The board approved a resolution appointing James Kirsch to the position of assessment aide at a wage of $26.78 per hour and not to exceed 15 hours per week, effective Dec. 21.

• Town Clerk Teressa Morasco reported that the 2021 town/county tax bills will go out on Dec. 31 and, due to COVID-19, residents paying by check or money order are encouraged to mail their payments to Town of Batavia Tax Collector, P.O. Box 108, Warsaw, NY 14569 (going to the town’s bank) or utilize the drop box located by the Town Hall’s front door on West Main Street Road.

If paying by cash, payments will be accepted at the drive-up window from 8:30 a.m. to 4:30 p.m. Monday through Friday.

Press release:

• Genesee County received 62 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield, Pavilion and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s, and 90s.
  • Thirty-three of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-four of the positive individuals are hospitalized.
  • Six of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility, six of the new positive cases are residents at Premier Genesee Center for Nursing & Rehabilitation, and one of the positive individuals is at the VA Medical Center.
• Orleans County received 28 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Kendall, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
  • Ten of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.

Batavia Downs Gaming is gearing up for the resumption of its summer concert series and will have a brand-new stage for the performers to belt out their tunes.

Directors of Western Regional Off-Track Betting Corporation today supported an expenditure of about $110,000 to purchase the stage from Audio Images Sound & Lighting, a local company located at 2 Treadeasy Drive, Batavia.

“This is a quality stage -- and the price is outstanding,” said Henry Wojtaszek, WROTB president and chief executive officer. “We have been paying $120,000 a year to rent a stage and now we can buy one for less than that and it will last easily for five years.”

Wojtaszek said WROTB will continue a separate contract for operation of the lights and soundboard on concert dates.

As far as the 2021 lineup, he reported that seven of the eight concerts are confirmed. Currently, only July 30 is open. The other dates are June 25, July 2, July 9, July 16, July 23, Aug. 6 and Aug. 13.

Acts scheduled to visit Batavia Downs Gaming this summer include Don Felder, formerly of The Eagles; Molly Hatchet, and Steve Augeri, former lead singer of Journey.

In other developments:

• Chief Financial Officer Jacquelyne Leach said that November was a “break-even month,” putting a further damper on the year that saw proceeds up by $1 million through February compared to the same time frame in 2019 before COVID-19 reared its ugly head.

“As a result, there will be no earnings distribution for 2020, but the surcharge, which goes to the municipalities (supported by WROTB) is $725,000,” she said, adding that the $64,000 in surcharge generated in November will be distributed in a couple weeks.

Leach reported that the $3.1 million Payroll Protection Program loan received by Batavia Downs Gaming for COVID-19 pandemic relief is expected to be “fully forgiven” per program guidelines.

She also provided projections for the 2021 operating plan with expected distributions on an annualized basis totaling $1.4 million in earnings and $812,705 in surcharges.

• The board approved the corporations’ vehicle use policy, and was informed by Wojtaszek that plans call for downsizing the fleet, which is at about 40 vehicles currently.

He said WROTB could save money by reducing the number of cars and trucks, and giving a stipend instead to those who currently are using company vehicles extensively. Less than 10 people have use of company cars on an everyday basis, he noted.

• Salaries for WROTB officers approved for 2021 are as follows: Wojtaszek, president/CEO/general counsel, $191,846; Leach, $144,746; Scott Kiedrowski, VP/Operations, $107,420; William White, VP/Administration, $107,399; Michael Nolan, COO, $119,704.

Jocelyn Sikorski of Alexander is the new executive director of Cornell Cooperative Extension of Genesee County.

Sikorski, who has served as executive director of the Genesee/Orleans County and City of Batavia Youth Bureaus since 2012, will begin her duties at the CCE office at 420 E. Main St. on Jan. 25.

“We are excited to bring Jocelyn on board,” CCE Board President Lucine Kauffman said in a media release. “She brings such a wealth of knowledge with deep roots in youth development and a true understanding of local community needs.

“She has a proven track record of management, advocacy and education, which translates well to the position of executive director.”

The agency’s search committee had interviewed two candidates – Sikorski and Julianna Frisch of Brockport – and both made virtual public presentations on Nov. 30 via Zoom.

Sikorski will take over the reins of the 100-year-old organization that provides programs in youth development, agriculture, nutrition, leadership, and community and economic development.

Recently, Sikorski played an integral role in the establishment of the Liberty Center for Youth afterschool program, which saw the relocation of the City Youth Bureau from MacArthur Drive to City Church’s St. Anthony’s campus on Liberty Street.

She holds a master’s degree in Public Administration from Brockport State College, and has worked for Genesee County’s youth bureau since 1999.

Her community and civic activities include serving on the Genesee County STOP-DWI Board, GLOW YMCA Corporate Board and Genesee United Way Board and Allocations Committee. She is a past president and board member of Batavia Kiwanis Club, and a member of the Leadership Genesee Class of 2007.

Genesee County Manager Matt Landers, speaking for county employees, said "while we are sad to see Jocelyn leave Genesee County government, we wish her all the best in her new position."

"Jocelyn has served the youth of this county well over her 21 years of service. I look forward to working with Jocelyn in her new role over at CCE and am confident she will serve that organization well for years to come," he said.

Landers advised that he and his staff will be reviewing the Youth Bureau in its entirety before determining the next step.

"Whenever a department head leaves, there is an opportunity to examine how service is delivered and an opportunity to reimagine county government," he said.  

An email to Sikorski for comment was not returned at the time of the posting of this story.

File photo by Howard Owens.

Residents on both sides of the fence concerning a plan to place two community solar projects on land owned by Donald Partridge at 5117 Ellicott Sreet Road will have to wait a bit longer to express their views in front of the Town of Batavia Planning Board.

Planning Board Chair Kathy Jasinski said several Ellicott Street Road residents – including some who spoke out at the Genesee County Planning Board meeting last week -- were ready to voice their opinions again at tonight’s meeting via Zoom videoconferencing.

Planners are considering a proposal to place a 5-megawatt solar farm on 18.2 acres of a 65-acre parcel and a 4-megawatt system on 19.6 acres of a 71-acre parcel of farmland off Route 63, southeast of the city.

“A lot of people were on the Zoom call but I told them they were not allowed to talk tonight, but will definitely have their chance at the public hearings next month,” Jasinski said.

The public hearings for the referrals, called Trousdale Solar I and Trousdale Solar II, are scheduled for 7 p.m. Jan. 19.

Partridge, a planning board member, has indicated that he would abstain from any voting on the project, which is being developed by Cypress Creek Renewables LLC.

Jasinski, when asked if she thought putting two nearly 20-acre solar arrays next to each other went against the town’s zoning limitation of 20 acres, said that she sees them as two separate entities as they are 50 feet apart and have separate power connections.

“The only thing they share is an access drive,” Jasinski said, “so I really believe they are two different projects.”

At the county planning meeting, Nancy Brach of 5168 Ellicott Street Road contended that two side-by-side solar farms, at almost 40 acres, went against the parameters of the zoning regulation.

In other action, town planners:

• Put an application from LandPro to build a storage and maintenance facility at 4554 W. Saile Drive on hold while it reaches out to other agencies who may be interested in seeking lead agency status for the State Environmental Quality Review.

Jasinski said the town planning board wants to be the lead agency, but the scope of the project requires a coordinated review, possibly including the state Department of Environmental Conservation, Department of Transportation, and Department of Agriculture and Markets.

“I will write to them to see if they want to be involved in this process,” Jasinski said, adding that the board pushed the site plan review back to its Jan. 19 meeting.

• Will be seeking lead agency status for Rochester Regional Health’s plan to build a four-story, 140,000-square-foot medical office building at 8103 Oak Orchard Road (Route 98).

Jasinski said a public hearing for this referral is unnecessary since a special use permit is not required on property zoned Commercial.

She said the board will put this on the agenda of its Jan. 5 meeting, while the town’s Zoning Board of Appeals will consider an area variance due to the building height on Jan. 21.

​Press release:

• Genesee County received 64 new positive cases of COVID-19. 
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Elba, Le Roy, Oakfield and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s, and 90s.
  • Fifty of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-four of the positive individuals are hospitalized.
  • Three of the new positive cases are residents at Premier Genesee Center for Nursing & Rehabilitation.
• Orleans County received 19 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Carlton, Clarendon, Kendall, Murray, Ridgeway and Yates.
  • The individuals are in their 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Five of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-four of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.

Everything is coming together at the right time for the City of Batavia to embark on an ambitious revival of the City Centre Mall and surrounding area, according to Ed Flynn, director of planning for the consulting firm of LaBella Associates in Rochester.

“We think the stars are aligned at this point,” said Flynn, during a presentation at Monday night’s City Council meeting at the City Hall Council Board Room. “We’ve got the agreement in place, executed for the City Centre. We’ve got the $1 million in DRI (Downtown Revitalization Initiative) funding. And we’ve got a ton of other projects that are either in the pipeline or in the works downtown that are going to complement each other as they happen.”

Flynn, a Batavian, said LaBella Associates is the lead consultant for the state funded DRI project, working in conjunction with Underberg & Kessler LLP (legal) and Archer (graphic design).

An advisory committee also played a key role in pinpointing how the city will spend the $1 million, along with looking “at other things besides the mall property, and the mall building itself,” Flynn said.

Members of the advisory committee are Interim City Manager Rachael Tabelski, Public Works Director Matt Worth (recently retired), Water/Wastewater Superintendent Bill Davis, Batavia Development Corporation Director Andrew Maguire, City Council Member Jeremy Karas, Paul Gister of National Grid, Business Improvement District Director Beth Kemp, and Genesee County Economic Development Center President Steve Hyde.

The group’s proposal centered on creating a comprehensive package of information about the mall and the city – “getting that information into one place,” Flynn said – along with defining mall concourse improvements, providing cost estimates, exploring additional funding, reaching out to the public and stakeholders, preparing for future development and satisfying agreements with owners of businesses in the mall.

“We have been working to not only determine the best ways to use the resources of the $1 million DRI grant at City Centre, but also future components of what the interior of our City Centre Mall and the entire campus would look like,” Tabelski said.

Key points of Flynn’s presentation included a plan for concourse renovations and options for mall merchants to enhance the façades of their businesses.

It also brought to light a theoretical component outside of the scope of the DRI -- a three-story, 70,000-square-foot residential/commercial building on the east side of the mall at the corner of Alva Place and Bank Street, adjacent to where the proposed new police headquarters would go.

“That is conceptual based on the market,” Flynn said, adding that developers have inquired about opportunities for housing and, possibly, commercial ventures. “It’s a vision of what could work and what is deemed by the public as acceptable.”

Flynn said the DRI grant would just about cover the cost of concourse work, which would consist of removing and replacing the floor tile (which currently doesn’t match); painting walls, columns and crossbeams; installing low-level lighting, and removing and replacing the silo entryways “that never have been very attractive or functional.”

He noted that the city already has invested about $600,000 to repair the roof – a longtime problem, with that investment completing its DRI responsibility.

Private investment to upgrade individual storefronts (not a cost to the city) for mall business owners are optional, Flynn said, but incentives of up to 75 percent reimbursement may be available.

As far as Bank Street is concerned, Flynn said the mixed-use building has the potential to generate $19 million in private, new investment.

“Obviously, there would be a lot of tax revenue that would be created as part of that, but also with all of the new folks living downtown and some of the commercial activity – it would create a lot of vitality downtown and start to enclose Bank Street, which is pretty wide open right now,” Flynn said.

He also presented figures revealing that there will continue to be plenty of available parking – at least 590 spots -- even with the new building, when considering off-street parking lots and Alva Place and on-street parking.

“I think the takeaway from this is with the project, you’ll be able to satisfy both the DRI and the mall agreement objectives; also, be able to potentially develop some lots … at the City Centre and create some tax revenue … and also that you have enough funding to actually do what you need to do at the mall with the DRI funding,” he said.

At that point, Tabelski reminded Council members that one portion of the roof has yet to be completed – near Dan’s Tire Service – and bids for that work will go out this spring. That piece is part of the agreement between the city and mall merchants, she said.

Council Member John Canale asked about the Downtown Theatre 56 plan to complete its façade work with the DRI money it obtained, but Tabelski said the cost of all the interior work left no money for the outside renovations.

“Our intent is to look at a Main Street grant to complete that façade work,” she said.

In a related development, Council approved a resolution to apply, through the Batavia Development Corporation, for a New York Main Street grant for up to $500,000 to assist Theatre 56 with the completion of its project.

In a memo to City Council, Maguire outlined the BDC’s successful track record of obtaining Main Street, Anchor and Building Improvement Fund grants, and noted that matching funds for the Theatre 56 project would include money from the Batavia Players and its DRI.

Maguire, responding to a question from Council Member Rose Mary Christian about the return to the city in property and sales taxes, said he couldn’t provide an exact figure, but would research it and get back to the board.

Renderings at top of the City Centre Mall entryways and concourse and rendering at bottom of a conceptual building on the Bank Street corridor, courtesy of LaBella Associates and the City of Batavia.

Batavia City Council members tonight voted in favor of appointing attorney Thomas A. Burns as the municipality’s part-time City Court judge and the lifelong Batavian said he couldn’t be more pleased.

“I’m very, very happy. And it’s kind of ironic that I was admitted to practice law 32 years ago this date, and in about 15 days, I turn 60, and I’ve been in this town my whole life and I love this community,” Burns said by telephone following Council’s Conference and Business meetings at the City Centre Council Board Room. “I’m just elated that Council has the confidence in me to do a good job.”

Burns will assume the role that became vacant with the death of David Saleh on Oct. 29. His term begins on Jan. 1 and runs for six years.

Burns, as he mentioned, was admitted to practice law in New York State on Dec. 14, 1988, after receiving his bachelor’s and master’s degrees from the University at Buffalo and his Juris Doctor from Buffalo State University.

He has been practicing criminal defense and litigating civil matters from his Batavia offices since then. He and his wife, Kelly Donohue Burns, an attorney with the Genesee County Public Defender’s office, have a grown daughter, Elizabeth, who works in the commercial field in Boston.

Burns said it is his responsibility to make sure he is accessible when called upon to wear the robe.

“It’s the obligation of a person assuming a judicial position not to get involved in too many cases that are going to involve conflicts,” he said. “You have to be available for not only the time of the court, but the last thing in the world that you want is your conflict providing judge (cases where Rogers recuses himself) to have a boatload of conflicts.”

City Council President Eugene Jankowski said the board interviewed applicants and decided to move forward with Burns.

“Personally, I voted for Mr. Burns because I believe that at this point, he is the best applicant to serve our community and the people of Batavia,” he said. “Hopefully, that will continue on and he will do a great job.”

Council Member Robert Bialkowski said he had nothing against Burns on a personal level, but voted against the appointment due to previous friction between City Court Judge Durin Rogers and Burns.

“I know that in the past he has had a conflict with Judge Rogers,” Bialkowski said following the meeting. “He’s filed complaints with the judicial district against the judge, so I see there would be an animosity. And the other thing, today with there being so many court cases handled by the public defenders -- what happens? – somebody has to recuse themself.”

Bialkowski said he was thinking about “the smoothness of the court” in casting the “no” vote.

“Judge Rogers was the elected judge and he’s full time, so the part-time judge would have to work for the full-time judge. I just see a lot of conflict that’s all,” he said. “I know that Mr. Burns is an excellent attorney and I’ve heard a lot of good things about him, but I don’t like to see people put in a position of conflict.”

Bialkowski also noted mentioned that he could foresee Burns having to recuse himself in cases involving his wife in her role with the Public Defender’s office.

When he brought that point up during the meeting, Jankowski replied that there is a "similar situation right now (as Rogers' wife, Paula, also is an attorney in Genesee County) and it's working just fine."

Burns, when informed of Bialkowski’s comments, expressed a measure of surprise.

“Let me say this. We’re all grown people and lawyers are litigators and advocates for their perspective positions and I understand my function – my function is a part-time judge,” he said. “I am not the elected judge. I am there to adhere what the Office of Court Administration expects of me to be fair and impartial and to support the full-time judge and providing coverage of the court – dealing with conflict issues that the judge might have. And if he steers it my way, it’s my obligation to take care of those cases.”

Burns said it was “unfortunate” that Bialkowski feels that way, but “there certainly is no conflict from my perspective.”

In other action, Council passed the following resolutions:

• Contracts with Empire Access for $3,500 to connect city facilities with fiber internet and $8,400 annually for a five-year service agreement;

• Granting of access to the New York State Department of Environmental Conservation to perform environmental cleanup work at 267 Bank St., a small parcel of the Dwyer Stadium property;

• $114,720 contract with Architectural Resources of Buffalo for engineering services in connection with the Jackson Square renovation project, one of the city’s Downtown Revitalization Initiative awards;

• Appointments of Ryan Duffy and Connie Boyd to three-year terms as members of the city’s Historic Preservation Commission.