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Press release:

• Genesee County received 109 new positive cases of COVID-19 since Friday afternoon.
  • 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.
  • Ninety-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-one of the positive individuals are hospitalized.
  • Thirteen of the new positive cases are residents at the New York State Veterans Home.
  • We received notification of two deaths of community members. One of the individuals was over the age of 65 and one of the individuals was under the age of 65. To protect the individual and their family we will not be releasing any further information. We express our deepest condolences to the family and friends of this community member during this very difficult time.
• Orleans County received 55 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Murray, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Sixteen of the individuals were on mandatory quarantine prior to testing positive.
  • Sixty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Four of the current positive individuals are hospitalized.

Yellow Micro-cluster Zone: Batavia and part of Genesee County have been designated as a being in a Yellow micro-cluster Zone. We are waiting on the state to update the map. Go to https://forward.ny.gov/micro-cluster-strategy for updates. The following restrictions are now in place in these identified locations: for nonresidential gatherings 25 people maximum, indoors and outdoors; residential gatherings 10 people maximum, indoors and outdoors; House of Worship 50-percent of maximum capacity; Businesses are open; Dining indoor and outdoor dining permitted, four person maximum per table, and bars and restaurants close at 10 p.m. for on-premises consumption; Schools are open with 20-percent weekly testing of in-person students and faculty.

We continue to encourage everyone whether located in a micro-cluster zone or not to limit gatherings as much as possible, properly wear masks/face coverings, social distance at least 6 feet, frequently wash / sanitize your hands and frequently shared surfaces to minimize the spread. If the rates continue to increase further restrictions are possible.

Rapid Testing:  Preregistration is required for rapid testing clinics. 

Orleans County will be hosting a rapid testing clinic on Dec. 16th from 1 – 4 p.m., preregistration is required. The focus is for asymptomatic individuals and is free. This is a self-administered rapid test at the Orleans County 4-H Fairgrounds, 12690 Route 31, Albion -- please use the Taylor Hill Road entrance. To schedule a test for the Orleans County drive-thru clinic, please register online at https://on.ny.gov/36ZqTxF (this is the registration link). If you have a printer, complete and bring your GO Health Intake Form https://bit.ly/GOIntakeForm with you (see the link below). If you need assistance with online registration because you don’t have internet, call the Orleans County Health Department at (585) 589-3278.

To register for upcoming Genesee County Drive-thru testing clinics, preregistration is required, go to https://on.ny.gov/3qihbhF  (this is the registration link). Genesee County Drive-thru test clinics are scheduled for Tuesdays and Thursdays from 1 to 4 p.m. If you have a printer, complete and bring your GO Health Intake Form https://bit.ly/GOIntakeForm with you (see link below). Anyone needing additional help for online registration may contact the Genesee County Health Department at (585) 344-2580, ext. 5555.

 For both Genesee and Orleans to help the process please note the following guidelines:

• If you have a printer, complete the GO Health Intake Form https://bit.ly/GOIntakeForm and bring it with you. If you completed the Intake form online please print it out and bring it with you – if you don’t have a printer, the form will be provided for you at the clinic
• 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.
• For those who are getting tested, they may get a call fairly quickly from an unknown number -- answer the phone. Staff cannot leave messages and can only give results to the individual tested or the guardian of minor children. Hard copy results will be emailed within 48 hours if we have a valid email address.

Quarantine and Isolation:

• If you believe you are a contact or have been notified you are a contact with someone who tested positive for COVID-19, it may take a few days for contact tracers to initially contact you due to the volume of contacts. Please self-quarantine. Stay away from other household members, use separate bathroom facilities (or sanitize after each use), have meals delivered.
• If you are being tested for COVID-19 it is important that you self-quarantine until you get your test results whether you have symptoms or not. If you are symptomatic, meaning you are coughing, have a fever or other symptoms, self-quarantine even if you are an essential worker until you get your results back, if you have COVID-19 you may be spreading it! That means to stay home and limit contact with other people, even in your household.

Business Reminder: It is important to periodically review your Business Safety Plan that was developed earlier on in the pandemic. As part of the plan businesses were encouraged to develop contact sheets for all patrons to assist with contact tracing in the event of a potential COVID-19 exposure. This will help in investigations and will limit the necessity of press releases which will help limit potential spread. 

COVID-19 101 Reminders: If a person is identified as a contact, they will be notified by the County Health Department, quarantined and if warranted, swabbed if indicated. Limited information is provided to the public in compliance with HIPAA regulations and out of the respect of those impacted by this virus.

• When, and if, there is a situation where potential contact is made in a public location where contact tracing doesn’t have actual names of close contacts, we will send out a media announcement to help seek contacts.
• If you are experiencing ANY COVID-19 related symptoms STAY HOME! Do not go to work, do not go to the store, do not go anywhere, YOU are spreading the virus. STAY HOME!

We encourage everyone to remember to be polite and respect individual privacy. If you have a complaint about someone or a business use the appropriate channels provided by the state. Using social media to air your complaints and accusing individuals / businesses of wrongdoing generally does nothing to fix the problem. Be compassionate of other people and spread kindness.

Press release:

Please be advised there is a City Council Conference and Business Meeting (one meeting this month due to the Holidays) scheduled for tonight, Dec. 14 at 7 o'clock in the Council Board Room on the second floor of the Batavia City Centre.  

• This meeting will be closed to the public in light of the Governors announcement made this morning, moving the City of Batavia to a Yellow Zone Designation due to COVID-19.
• The press is invited to attend in person and cover the meeting live with appropriate facemask and social distancing.
• Members of the public that would like to make a statement to the Council regarding agenda items can write to the City Clerk at hparker@batavianewyork.comprior to the meeting and she will read your email during the meeting -- public comments section. 

Options for viewing the meeting:

Batavia News Service Youtube Channel and City’s Facebook (later in the evening): 

• https://www.youtube.com/channel/UCOdvZ9lGH0FiD9ADz6Cg6EQ
• Spectrum Channel 1301 – Wednesday, Dec 16th at 9 a.m. and Friday, Dec. 18th at 8 p.m. 

The agenda is posted on the City website at the following URL link: 

Conference:  https://www.batavianewyork.com/city-council/agenda/conference-agenda-12-14-2020

Business:  https://www.batavianewyork.com/city-council/agenda/business-agenda-12-14-2020

Darazian W. Williams, 27, of Pringle Avenue, Batavia, (inset photo right) is charged with: first-degree gang assault -- causing serious physical injury; burglary of a dwelling -- and causing injury; third-degree criminal mischief -- damaging another person's property valued at greater than $250; and fourth-degree conspiracy. Darazian was arrested after an investigation into an incident, which occurred Nov. 8 on Jerome Place in the City of Batavia. He was arraigned Dec. 4 and held in jail on unspecified bail. He is due to return to Batavia City Court at 2 p.m. on Jan. 13. The case was investigated by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Danny D. Williams Sr., 32, of Ellicott Avenue, Batavia, (inset photo left) is charged with: first-degree gang assault; first-degree burglary; third-degree criminal mischief, and fourth-degree conspiracy. He was arrested in connection with a distrubance at 10:22 p.m. Nov. 8 on Jerome Place. He was arrainged Dec. 4 in Batavia City Court and put in jail on $30,000 cash bail, $100,000 bond or $100,000 partially secured bond. The case was investigated by Batavia Police Officer Connor Borchert, assisted by Officer Alec Roberts.

James A. Centner, 41, of Vallance Road, Le Roy, was arrested Dec. 11 after a two-vehicle head-on collision at about 7 p.m. on West Main Street in the Village of Le Roy. One person who was driving a Chevy Suburban was injured in the accident. Centner, the driver of a pickup truck, was charged with misdemeanor driving while intoxicated and traffic violations for failing to use designated lane, drinking in a vehicle on the highway, and refusal to take a breath test. It is alleged that he was leaving the area of Tops Market when he turned onto Route 5 and drove in the wrong lane, causing the collision. Following his virtual arraignment, he was released to a third party. The driver of the Suburban was transported to the hospital by LeRoy Ambulance Service with non-life-threatening injuries. During this investigation, it was also alleged that Centner's vehicle was involved in a minor motor-vehicle accident with no injuries while in the parking lot of Tops Market prior to the head-on crash, and this also is being investigated.

Bleyke Zhaviante Armonde Culver, 24, of Walnut Street, Batavia, is charged with: obstruction of governmental administration; aggravated unlicensed operation in the third degree; unlicensed operation; failure to yield to an emergency vehicle; and speeding. At 11:13 a.m. on Dec. 10, the Genesee County Emergency Dispatch Center received a report of a male refusing to leave the Department of Social Services on East Main Street Road. Law enforcement responded and were advised he was operating a vehicle while his privilege to do so was suspended by New York authorities. A marked Sheriff's Office patrol car located the vehicle attempted to make a traffic stop by activating its overhead emergency lights. The vehicle allegedly failed to yield and led police on a vehicle pursuit. It continued through the City of Batavia and ended up returning to Culver's Walnut Street residence. He was taken into custody at 11:24 a.m. without incident then taken to jail for processing. He was issued an appearance ticket and is due in Batavia City Court on Jan. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Ryan DeLong, and they were also assisted by members of the Batavia Police Department.

Ethan M. Conrad, 20, of South Main Street, Batavia, is charged with: driving while intoxicated -- with a BAC of .18 percent or more; DWI -- common law; and moving from lane unsafely. He was arrested Nov. 26 after an investigation of a single-vehicle accident on River in the city in which the vehicle struck the River Street guard rail. He was released with traffic tickets and is due in Batavia City Court on Jan. 13. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Alec Roberts. 

Michelle M. Hanssen, 54, of Chestnut Ridge Road, Middleport, is charged with: aggravated driving while intoxicated; DWI; failure to stop at stop sign; moving from lane unsafely; and operating a motor vehicle while using a portable electronic device. At 7:11 p.m. on Dec. 12, Hanssen was arrested after a one-vehicle accident on Lewiston Road in Oakfield. She was allegedly intoxicated by alcohol and crashed her car. She was issued appearance tickets and is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Cody Middlebrooks, 30, of Pearl Street, Batavia, is charged with third-degree criminal mischief. He was arrested after an incident on South Main Street in Batavia at 10:24 a.m. on Nov. 23. It is alleged that he damaged a cell phone which was valued at more than $250. He was processed then released with an appearance ticket to be in Batavia City Court on Jan. 19. The case was handled by Batavia Police Officer Conner Borchert and Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Vicki Lynne Manns, 50, of Brookville Road, Alexander, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; moving from lane unsafely; and unreasonable speed under special hazards. At 10:50 p.m. Dec. 12, deputies responded to the intersection of Stroh Road and Maplewood Road in Alexander for a report of a vehicle off the road. After an investigation, Manns was arrested on the charges. She was issued appearance tickets for Alexander Town Court and is due there Dec. 15. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Andrew Hale.

Christian M. Deluna, 19, of Central Avenue, Batavia, is charged with: second-degree harassment; burglary; criminal mischief; and conspiracy. Deluna was arrested after an incident that occurred at 1:50 a.m. at an apartment on North Spruce Street in Batavia. Following arraignment Dec. 1 in Batavia City Court, Deluna was released under supervision of Genesee Justice. Deluna is due back in city court on Jan. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Joshua Girvin.

Cody Middlebrooks, 30, of Pearl Street, Batavia, is charged with second-degree harassment and first-degree coercion. He was arrested on Dec. 8 on the charges. It is alleged that on Dec. 5 on Pearl Street that Middlebrooks was involved in a physical domestic incident and that he threatened to harm the victim if she called police. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court on Feb. 2. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Samantha Lynn Wroblewski, 31, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. She was arrested Dec. 7 after an investigation into an incident that occurred Oct. 19 on West Main Street wherein she alllegedly possessed cocaine. She was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Nicole McGinnis.

Jonathan Richard Piwko, 31, of Peppertree Drive, Derby, is charged with: driving while ability impaired by drugs; failure to keep right; moving from lane unsafely; and speed not reasonable and prudent. Piwko was arrest Dec. 10 after the investigation of a vehicle that went off the roadway and struck a business at 11:51 p.m. Dec. 9 on South Main Street in the Village of Elba. He was issued traffic tickets and is due in Elba Town Court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kenneth Quackenbush.

Lisa A. Way, 52, of Ellicott Street, Batavia, is charged with driving while intoxicated -- common law, and refusal to take a breath test. Way was arrested at 5:48 p.m. Dec. 5 on Ellicott Street in Batavia after a motor-vehicle accident behind a residence on that street. She was released with traffic tickets and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

William Anthony Nichols II, 27, of East Avenue, Holley, and Renee Irene Brown, 40, of Federal Drive, Batavia, are charged with petit larceny and sixth-degree conspiracy. At 4:45 p.m. on Dec. 9, they were arrested on Lewiston Road in Batavia after allegedly working together to steal $122.95 worth of merchandise from BJs Wholesale Club. They were issued appearance tickets and are due in Town of Batavia Court on Jan. 7. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Kenneth Quackenbush.

Steven Douglas Kelso, 36, of Columbia Ave., Batavia, is charged with falsifying business records in the first degree and attempted criminal purchase or disposal of a weapon. He was arrested Dec. 9 after an investigation into the attempted purchase of a firearm at a business on Buffalo Road in Bergen by a person ineligible to possess one. Kelso was released in an appearance ticket and is due in Bergen Town Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Chazmar T. Walters Sr., 28, of Clay Street, Le Roy, is charged with obstructing governmental administration and unlawful possession of marijuana in the second degree. Walters was arrested Dec. 5 after a traffic stop on Lewiston Road at 8:48 p.m. He was issued an appearance ticket to be in Batavia Town Court on Jan. 8, then released. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Eric Bolles.

Loretta Lynn Baer, 49, of Canal Street, Macedon, is charged with trespass. She was arrested Dec. 1 on Swan Street in Batavia after a trespass complaint at 12:35 p.m. at an auto parts store. She was issued an appearance ticket to be in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Post.

Christopher P. Thomas, 36, of State Street, Batavia, is charged with have a dog running at large. He was arrested Dec. 7. It is alleged that on Dec. 3 on State Street that Thomas allowed his dog to run at large on another person's property. He was issued an appearance ticket and is due in Batavia City Court on Jan. 26. The case was handled by Batavia Police Officer Christopher Lindsay.

Patrick O. Spikes, 39, of West Main Street, Batavia, is charged with attempted petit larceny. He was arrested Nov. 21 on a Batavia City Court bench warrant following a traffic stop. The charges stems from an incident Oct. 27 at 10:30 p.m. at the Speedway on West Main Street. Spikes was arraigned via Skype and released under supervision of Genesee Justice. Spikes is due back in court at a later date (unspecified). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Christopher P. Thomas, 38, of Dellinger Avenue, Batavia, was arrested after turning himself in on a bench warrant out of Batavia City Court that was issued after he failed to appear as required on May 26. He was processed and is due back in city court on Dec. 23. The case was handled by Batavia Police Officer Adam Tucker.

Destiny Nakia Green, 24, of Walnut Street, Batavia, was arrested Dec. 2 on a bench warrant out of Batavia City Court. She had been due in court on July 22. A plea was entered and Green was sentenced (no information provided). Case resolved. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jordan McGinnis.

Batavia City Council is expected to vote tonight to fill the vacant part-time City Court judge position.

Council President Eugene Jankowski said today that the board met on Friday in executive session to consider candidates for the position, coming to a consensus but not taking an official vote.

He said that is on the agenda for the Conference/Business meetings set for 7 o’clock at the City Centre Council Board Room.

“We did it the same way we proceeded the previous times (to fill vacant justice positions),” Jankowski said. “Then we made sure to check that the person was still interested, and we will conduct an official vote tonight.”

It is believed there were at least two persons interested in the post, but Jankowski would not reveal any names. The position carries a six-year term, effective Jan. 1.

The vacancy occurred upon the Oct. 29 death of David Saleh, who was appointed as part-time City Court judge in December 2019.

In other developments, Council is expected to consider:

• A resolution authorizing a contract with Empire Access, headquartered in Prattsburgh, to provide the city with secure fiber internet to connect all facilities at a cost of $3,500 and for a service agreement for five years at an annual cost of $8,400.

Empire Access was one of nine companies to respond to a request for proposal from the city, which, according to Interim City Manager Rachael Tabelski, is experiencing slow connection speeds and connectivity problems with its current point-to-point/multipoint radio-controlled wireless system.

Tabelski said the other firms that submitted bids were First Light, Granite, NetWolves, Nitel, Marchese Computer Products, Spectrotel, Spectrum and TDSUSA.Net.

• A resolution to give access to the New York State Department of Environmental Conservation to a small parcel of the Dwyer Stadium property at 267 Bank St. for environmental contamination cleanup in connection with remedial work at the Batavia Iron and Metal site next door at 301 Bank St.

• A resolution to enter into a contract for $114,720 with Architectural Resources of Buffalo for engineering services for the $750,000 Downtown Revitalization Initiative to renovate and enhance the Jackson Square entertainment venue.

Jeremy Vallance of Batavia doubled his pleasure on the bowling lanes this week, registering a 300 game, 290 game and two outstanding three-game series while competing in two leagues at Mancuso Bowling Center.

The 43-year-old right-hander began the week with a 290-236-258--784 effort in the Mancuso Real Estate Monday Doubles League -- using a Storm Crux Prime ball for his highest series ever -- and followed that up with a 300-214-262--776 performance in the Toyota of Batavia Thursday 5-Man League -- using a DVD Turmoil. The perfect game is his third United States Bowling Congress-certified 300.

An employee of Summit Lubricants in Batavia, Vallance, a bowler for more than 30 years, raised his average ot 231 in the Monday league.

Vallance was one of several Genesee Region USBC bowlers who put up gaudy numbers over the past seven days.

• Frank Jarkiewicz of Byron notched his first certified 300 game in the Thursday Owls League at Rose Garden Bowl in Bergen, posting 258-300-213 for a 771 series on lanes 3-4.. A furniture delivery driver for W.B. Mason, the 50-year-old righty used a Brunswick Melee Jab bowling ball.

• Laurie Morgante of Bergen fired a 258 game and 716 series to lead the way in the Wednesday Handicap League at Rose Garden Bowl.

• Mike Pettinella of Batavia had games of 276 and 269 in a 772 series in the Turnbull Heating Triples League at Mancuso's, using the just-released MOTIV Fatal Venom ball to raise his average to 234.

• Mark Brown of Attica finished with a 290 for a 762 series in the Toyota of Batavia league, while Rich Wagner of Batavia and Rick Underhill of Batavia each recorded 731 series while Mark Bisig of Le Roy rolled 731.

• In senior league action at Gates Bowl in Rochester, Kevin Gray Sr. of Honeoye Falls, a GRUSBC member, notched a 300 game on Thursday, his seventh.

For a list of high scores, click on the Pin Points tab at the top of this page.

Two Genesee Region USBC tournaments are on this weekend's schedule -- a handicap no-tap doubles at Medina Lanes and the Senior Masters at Legion Lanes in Le Roy. Also, the GR Youth Travel League will be bowling on Sunday afternoon at Rose Garden Bowl.

For more information, go to the Genesee Region USBC website.

There isn't much to change in Batavia PD policy, members of Batavia Police Stakeholders Group indicated at their bimonthly meeting on Thursday but that doesn't mean there shouldn't be a change in the relationship between the department and the community.

There should be more communication, less misunderstanding, and more personal interaction between police officers and members of the Black community so that both police officers and members of the community see each other as people and not just numbers and uniforms.

The stakeholder's group was formed in response to an executive order signed by Gov. Andrew Cuomo instructing every municipality with a police department to open a community dialogue about police policies, procedures and practices in an effort to reduce the incidences of police brutality.

There seems to be unanimous agreement on the committee that police brutality isn't an issue in Batavia. Chief Shawn Heubusch was praised for his presentation of the previous meetings outlining police department policies and procedures that already address proper police officer conduct.

No votes were taken, nothing committed being part of the final report that will go to the governor's office after being approved by the City Council, but there was an apparent agreement that some sort of ongoing focus group that would bring to light the concerns of Black residents about police conduct would be formed.

Committee member Anibal Soler Jr., superintendent of Batavia City Schools, said such a focus, however, needs to be constructed in a way that members of the Black community would feel safe to discuss issues. A police presence in the group might chill speech, he indicated.

Nathan Varland, Batavia Housing Authority director, referenced comments made earlier by Brandon Armstrong, a local business owner, and said perhaps a list of such concerns should be made so they can be addressed. He suggested the wider Black community be surveyed to gather other examples.

What Armstrong discussed was the perception -- if not the practice -- of Black residents being pulled over for minor traffic law infractions.

"We have to look at what's happening to people of color here in Batavia," Armstrong said. "It's not on the surface. There are just things that are used against us. There is a certain law, I think it's obstruction of view, if having something hanging from your rearview mirror. I've been pulled over for that for a Glade air freshener. It is illegal, but are they pulling over every single person who has a handicapped or air freshener thing on their rearview mirror? See, those things are used to target people of color to pull them over, to see what they have going on."

He said he's hearing from people visiting his barbershop that the latest tactic is people not using their signal within 50 feet of making a turn.

"People aren't looking at those but I know because I can ride down the street and within two minutes I can see about four people with something hanging from their rearview mirrors and they're not being pulled over," Armstrong said. "You see what I'm saying?"

In response to comments made early in the discussion by Raelene Christian about police being vilified and attacked, Greg Munroe said people misunderstand the concerns Black citizens have about the police.

"We have to stay on task," Munroe said. "Defunding the police does not mean we're not going to have a police department. It doesn't mean that at all. It's just defunding is a scary word. I understand but it's not. What it means is very simple. There are mental health issues that primarily happen in the Black community. Black people are targeted. It seems like they are targeted because they seem not to be understood. If the defunding, or whatever word you want to use, take that and help the police get more resources on how to deal with different situations, so things like what happens in the country do not happen."

There is a lot of misunderstanding, Victor Thomas said, about what Black concerns are about police.

"I just wanted to touch on what Greg was saying about Blacks being misunderstood," Thomas said. "I think that's a big part of it. The police brutality in Batavia doesn't happen as much as the Black people being misunderstood in Batavia."

Matt Wojtaszczyk, a detective with Batavia PD but on the committee representing the Batavia Police Benevolent Association, told members police officers want to know how to do their jobs better and connect better with community members.

"Whenever someone asks us to do an event, we really try to make an effort to do so," Wojtaszczyk said. "What else can we do? What are some other ideas out there? What else can we do to reach our minority communities? What can we do better? Tell us, because I think we really want to. We truly do."

Thomas's answer was: Get to know people.

"It's really a personal thing that has to happen between the Blacks and the police officers," Thomas said. "The police have to show these Blacks that they're not just a number in Batavia. They're not just a sentence getting ready to get slapped down on a judge's desk and sent up the road for years. The Black community feels that way deeply in Batavia."

It's that kind of distrust, Soler noted, that would make a focus group that included police officers potentially less productive. However, he said, both Blacks and police officers, as well as community members, need to work on themselves as well, educate themselves about each other. He suggested a number of documentaries and books both sides could watch or read.

Both Munroe and Soler noted it was kind of eye-opening to hear Heubusch talk at the first meeting about the arrest process and the fact that when a police officer tells someone they're under arrest, the conversation is over. It's time to comply with the officer's orders.

Munroe said he's had the same conversation with members of the Black community since that meeting and they all the same response he had, that they didn't know that.

"One thing that I learned from the chief was, man, once a police officer tells you those things, game over, you have to comply," Soler said. "Once you're told you are being put under arrest, that's it. Our community doesn't understand it. That's work we've got to do in our community of color. Once the police officer's -- 'I'm now placing you under arrest. You can't go. 'Now, wait a minute. Let's talk about it.' It's already too late. To Raelene's point, then you've got to go to court and go through through the process.

"We don't get taught that. We're taught, you know, 'I'm going to fight. I'm going to keep fighting until I can get my say. Then it becomes that we've put our officers sometimes in these really tough positions. But I just want to make sure that our police officers are really checking their own implicit bias in terms of trying to keep themselves educated, trying to understand some of these stories and narratives."

The topic of implicit bias came up several times during the evening's discussion.

The open dialogue started with Christian raising the issue of police being attacked in recent years. 

"I'm also concerned with minorities and how they're treated as well," Christian said. "I'm also concerned about how everyone is treated as a whole. But who I'm really concerned with a lot of times as our police officers, they're being vilified. They're being shot execution-style. 

In a long opening remark, she added, "The mainstream media doesn't tell you about all the unarmed white men that are shot. It happens. And I'm not saying it's right. And what happened to George Floyd, let me just be clear, was egregious. It was disgusting and despicable. And our police officers, most of them, I would say 99 percent of them agree with what happened to George Floyd was despicable and a disgrace. And Derek Chauvin, the police officer, did that, killed him. And I know he killed him because he did. He deserves to spend the rest of his life in jail and prison period. But I also feel like our police, they're being vilified and our police are being brutalized. Molotov cocktails are being thrown at them. They're being shot at. They're being shot execution-style, and there's no provocation for that. "

Later she added, "There's a broader picture here that, you know, yes, we can address police brutality. Does it happen? Yes. And is it going to continue to happen? Yes."

Her remarks elicited a calm response from several other committee members, among the more pointed from Director of Mental Health Service Lynda Battaglia, "I want to say to that -- this is the entire point of this meeting. It is the entire point of the executive order to end police brutality, so to say. Will it continue? Yes. Is unacceptable. It has to stop."

Munroe said, "This group was put together because of police brutality, period."

After addressing Christian directly, Soler said, "The reality is an implicit bias that many people who don't have a choice of how they look every morning when they wake up (deal with). I think Victor made a good point. Police choose to wear a blue uniform that, you know, historically has been designed to keep order and guidance in a community. Black people just wake up. Unfortunately, their communities are often the most targeted for patrols, for a variety of things to do, commingle with socioeconomic status. And so some of the comments that were made show your implicit bias. You don't really realize it."

W/hen next she had a chance to speak, Christian told Soler she wasn't biased and she took exception to being judged.

Soler apologized.

"I just want to be real quick and apologize again," Soler said. "If you think I was passing judgment, I was just more commenting on the overall feedback that was provided. So I apologize if you think I made a judgment. You're right, I don't know you. I was just trying to comment on this. I want to make sure we're clear that I'm not judging you at all. I just wanted to point out implicit bias is not something you necessarily know you have. That's why it's implicit."

An Ellicott Street Road resident on Thursday night was advised to contact Town of Batavia council members over her objections to proposed side-by-side community solar projects on the property of a neighboring farmer that she said circumvented the town’s zoning regulations.

Speaking at the Genesee County Planning Board meeting via Zoom videoconferencing, Nancy Brach, of 5168 Ellicott Street Road, questioned the panel and Planning Director Felipe Oltramari about the validity of two (approximately) 20-acre solar arrays next to each other on land owned by Donald Partridge at 5117 Ellicott Street Road.

Brach expressed her views in the midst of a 40-minute discussion over the special use permit and area variance referrals 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. The projects, named Trousdale Solar I and Trousdale Solar II, are being developed for Partridge by Cypress Creek Renewables LLC.

“I understood that there was a 20-acre limit, is that correct?” Brach asked. After Oltramari answered yes, Brach said, “So, we’re putting together two 20-acre parcels, is that correct?”

Oltramari replied that “technically, there are two solar farms; they are side by side, but there are two of them.”

She proceeded to ask if they were owned by the same person and, again, Oltramari responded in the affirmative – the same landowner and the same solar company.

“So, my question is, if there is a 20-acre limit and you allow people to put parcel after parcel together, effectively, you could have 1,000 acres,” she said. “How do we prevent that? This is making a piece of property that doubles the amount of the minimum and yet we’re going ahead with it. What would keep us from having 100 acres, 200 acres, if you just let people split the property in name only?”

Acknowledging that Brach had a “valid point,” Oltramari noted that some municipalities don’t have any size limitations and some have larger than 20 acres, but 20 acres seems to be the minimum, and added that the Town of Batavia was one of the first localities to adopt a solar law.

He then said that New York State provides incentives for these types of solar projects that generate around 5 megawatts of power, before adding that a similar two-in-one type project – earmarked for a more isolated area in the Town of Pembroke – was on the evening’s referral list for a special use permit.

Undeterred, Brach, who was one of three Ellicott Street Road residents who voiced their opposition during the meeting, reiterated, “How to we protect (the 20-acre limitation) because it seems to go against how the law was designed?”

Oltramari then suggested a zoning change or at least a change in the wording would have to come from town officials, and said residents would need to petition their town board before that could happen.

Brach, who hosted a neighborhood meeting with Partridge at her home in June 2019 to convey their concerns, said the ambiguity of the zoning is what has people upset about “having a solar project put in their backyard.”

“If you say 20 acres, then two 20-acre parcels are not 20 acres, it’s 40 acres and it opens up the opportunity for 60 or 80 or 100 acres, and that’s just not honest,” she said.

Planning Board Member Jill Gould then explained that this panel makes recommendations based on whether the applications adhere to town zoning laws, and re-emphasized that complaints by Brach and others should be directed to the Town of Batavia.

Timothy Morrow and Kathy Antonelli, also of Ellicott Street Road, spoke prior to Brach.

Morrow said he wanted to know what chemicals were in the solar panels as he feared that harmful agents could seep into a large aquifer in that area and affect homeowners’ wells.

Jerry Leone, of Rochester, representing Cypress Creek Renewables LLC, said that he would provide Morrow with the findings of the environmental studies already conducted. Later on, it was indicated that the overwhelming majority of solar panels in New York are based on silicon technology (quartz or sand).

Antonelli said the solar arrays will be place “behind my house and diagonally from my property” and asked if the project would decrease the property values in the area.

“And why so close to our homes, with all of the farmland in this area?” she asked. “I don’t want to sit on my back deck and look at a solar farm.”

At the end of the debate, planners approved both solar projects by a 6-1 vote with Robert Houseknecht casting the “no” vote. The measure now goes back to the Batavia Town Planning Board, which is meeting next Tuesday, and one of the projects will also be considered by the Town Zoning Board of Appeals since an area variance is needed because the frontage is less than the minimum requirement.

Recommended modifications include obtaining a stormwater pollution prevention plan and relocating a part of the driveway and equipment pad from the middle of the array to the edge of the field or on existing laneways.

In other action, planners approved:

• With modifications (stormwater pollution prevention plan and archaeological study), a site plan review for a LandPro sales, storage and maintenance facility at 4554 W. Saile Drive in the Town of Batavia. LandPro is a major dealer of John Deere tractors and equipment.

• With modifications (see above), a site plan review and area variance for Rochester Regional Health’s four-story, 140,000-square-foot medical office building at 8103 Oak Orchard Road (Route 98), near Call Parkway, in the Town of Batavia. The project will include the installation of a traffic signal on Route 98, connecting Call Parkway with Federal Drive.

• A special use permit referral from Solar Liberty Energy Systems Inc. of Buffalo for solar farms generating 5.3 megawatts and 6.6 megawatts at 7984 Tesnow Road in the Town of Pembroke. The property is owned by Kreher Brothers LLC of Clarence.

• A site plan review to relocate Precious Paws to an existing commercial building at 10571 Main St., Alexander. The applicant, Alicia Brenkus, will be converting a former pizza shop to her dog grooming business.

Press release:

Data Update:

• Genesee County received 31 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Batavia, Bergen, Byron, Darien, Le Roy, Oakfield, Pembroke and Stafford. 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Forty-two of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-two of the positive individuals are hospitalized.

 

• Orleans County received 21 new positive cases of COVID-19.

• The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Murray, Yates, Ridgeway and Shelby.
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
• Nine of the individuals were on mandatory quarantine prior to testing positive.
• Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Three of the current positive individuals are hospitalized.
• One of the new cases is a resident of Orchard Rehabilitation & Nursing Center.
• One of the new cases is an inmate at the Orleans Correctional Facility.

Andrea A. Arteaga is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 18 in the Village of Le Roy that Arteaga knowingly and unlawfully possessed a narcotic drug -- methamphetamine/amphetamine -- with intent to sell it. In count two, the defendant is accused of criminally possessing a weapon in the third degree, a Class D felony. It is alleged in count two that on May 18 while on Bacon Street in the Village of Le Roy that he possessed a firearm -- a pistol. In count three, he is accused of driving while ability impaired by drugs, a Class E felony. It is alleged in count three that on May 18, he drove a 2015 Chevrolet on Route 5 in Le Roy while his ability to do so was impaired by drugs. In Special Information filed by District Attorney Lawrence Friedman, Arteaga is accused of having been convicted of driving while intoxicated as a Class A misdemeanor on Oct. 22, 2018 in Town of Batavia Court and that conviction forms the basis for counts two and three of the current indictment.

Randy J. Dumbleton is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 17 in the City of Batavia that Dumbleton knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal sale of a controlled substance in the third degree, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug -- cocaine -- with the intent to sell it. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or alcohol, as a misdemeanor. It is alleged in count three that on June 17 in the City of Batavia that he drove a 2003 Honda on Main Street, Dellinger Avenue and Washington Avenue, while his ability to do so was impaired by the combined influence of alcohol and/or drugs.

Angela R. Bateman is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Bateman knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on the same day she also possessed the narcotic fentanyl with intent to sell it. In count three, Bateman is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged that she knowingly possessed scales and balances designed for weighing or measuring controlled substances -- for the purpose of unlawfully manufacturing, packaging or dispensing any narcotic drug or stimulant. In count four, Bateman is indicted for the crime of promoting prison contraband in the first degree, a Class D felony. It is alleged that on Aug. 24 she knowingly and unlawfully introduced a dangerous contraband -- fentanyl -- into a detention facility -- the Genesee County Jail.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 24 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, a Class B felony, for allegedly possessing a narcotic drug -- fentanyl -- that day with intent to sell it. In count three, he is accused of criminal possession of a controlled substance in the fifth degree, a Class D felony, for having cocaine weighing 500 mg or more. In count four, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. In count four, it is alleged that Jones possessed gelatine capsules, glassine envelopes, vials, capsules or other materials suitable for the packaging of individual quantities of narotic drugs or stimulants, for the purpose of unlawfully manufacturing, packaging or dispensing them. In count five, Jones is indicted for criminal trespass in the third degree, a Class B misdemeanor. It is alleged in count five that Jones unlawfully entered property on North Spruce Street in the city. In count six, Jones is accused of unlawful possession of marijuana in the second degree, a violation, for allegedly possessing marijuana June 24 in the City of Batavia.

Chaniah L. Wellington-Martino is indicted for the crime of third-degree attempted assault, a Class B misdemeanor. It is alleged that on Aug. 7 in the Town of Stafford that she acted with intent to cause physical harm to a Genesee County Sheriff's investigator and did so by trying to bite him on the left arm. In count two, she is indicted for the crime of resisting arrest. It is alleged that on that day in Stafford that she intentionally prevented or attempted to prevent a police officer from arresting her and that she fought with the officer and attempted to bite him. In count three, she is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that the defendant attempted to grab contraband from a person during a lawful arrest, that she tried to prevent her detainment, and she pulled away from the officer while he attempted to remove a personal item that was entangled around her arm. In count four, Wellington-Martino is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that she threw a purse containing marijuana down an embankment. In count five, she is accused of the same crime as in count four for allegedly trying to retrieve drugs from her co-defendant's pocket. In count six, Wellington-Martino is accused of unlawful possession of marijuana in the second-degree, a violation, for allegedly knowingly possessing marijuana that day in Stafford. In count seven, she is accused of a vehicle and traffic law infraction -- pedestrian failure to walk facing traffic, for allegedly failing to walk on the left side of the roadway or its shoulder facing oncoming traffic.

William R. Metz is indicted for the crime of second-degree criminal possession of a weapon, a Class C violent felony. It is alleged that on April 4 in the Town of Oakfield that Metz possessed a loaded firearm -- Canik 9-mm pistol -- with the intent to use it unlawfully against a person. In count two, Metz is accused of reckless endangerment in the second degree, a Class A misdemeanor. It is alleged in count two that he engaged in conduct that created substantial risk of serious physical injury to a person by discharging three rounds from the pistol into the bedroom floor of a residence on Batavia Oakfield Townline Road that day. In count three, Metz is accused of the crime of second-degree menacing, a Class A misdemeanor. It is alleged in count three that the defendant intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a pistol.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on July 27, Rivera knowingly and unlawfully entered a building on Swan Street in the City of Batavia with the intent to commit a crime. In count two, Rivera is accused of first-degree criminal contempt, a Class E violent felony, for allegedly violating a duly served order of protection by intentionally harassing, annoying, threatening or alarming the protected party and subjecting her to physical contact.

Markel T. Handley is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on June 15 on Alleghany Road in the Town of Pembroke that the defendant attempted to conceal buprenorphine and naloxone underneath the passenger seat of a Genesee County Sheriff's Office patrol car. In count two, Handley is indicted for criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that Handley knowingly and unlawfully possessed controlled substances -- buprenorphine and naloxone.

Jason L. Pullen is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Byron, that Pullen drove a 2003 Honda on Route 237 while he was under the influence of alcohol or a drug and that at the time he has 10 or more suspensions imposed on at least 10 separate dates in effect: Jan. 20, 2009 / July 24, 2009 / Aug. 7, 2009 / Oct. 8, 2009 / Nov. 12, 2009 / Jan. 9, 2010 / May 23, 2012 / Aug. 25, 2013 / Feb. 17, 2017 / Feb. 3, 2019 / March 14, 2019, / and Dec. 20, 2019. In count two, Pullen is indicted for the crime of driving while intoxicated -- as a misdemeanor. It is alleged in count two that on May 24 on Route 237 in Byron, that Pullen drove while intoxicated. In count three, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent at the time.

Mario A. Reyes is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on Sept. 13 in the Town of Stafford that he drove a 2011 Chevrolet on Route 33 while he was intoxicated. In count two, Reyes is accused of DWI, per se, as a Class D felony, for having a BAC of .08 percent at the time. In count three, Reyes is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having a driving that day while his privilege to do so was withdrawn or suspended by authorities. In count four, he is accused of operating a vehicle that was not equipped with an ignition interlock device as he is required to do. In count five, he is accused of unlicensed operation of a motor vehicle for driving without a license that day. In count six, Reyes is accused of moving from his lane of travel unsafely that day in Stafford. In Special Information filed by District Attorney Lawrence Friedman, Reyes is accused of having been convicted of driving while under the influence of alcohol, as a misdemeanor, on July 7 in Orleans County Court, and on March 2, 2017 in County of Hidalgo Court, State of Texas, and those convictions are within 10 years of the crimes alleged in the current indictment.

Andrew T. Pape is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 18 in the Town of Bergen that Pape drove a 2004 Chevrolet on Jerico Road, a public highway, while he was in an intoxicated condition. In Special Information filed by District Attorney Lawrence Friedman, Pape is accused of having been convicted of DWI -- as a misdemeanor -- on Jan. 24, 2012 in Town of Ogden Court, Monroe County, and that conviction is within 10 years of the crime alleged in the current indictment.

Jimmy R. Hill is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Village of Le Roy that Hill drove a 2009 Chevrolet on Lake Street, a public highway, while he was intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Hills is accused of having been convicted of DWI -- as a misdemeanor -- on June 26, 2014, in City of Syracuse Court, County of Onondaga, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jason A. Klinkbeil is indicted for the crime of third-degree grand larceny, a Class D felony, for allegedly stealing property having a value of more than $3,000 on Nov. 13 in the City of Batavia that belonged to Chapin Manufacturing Inc.

Jason A. Klinkbeil is indicted for the crime of falsifying business records in the first degree, a Class E felony. It is alleged that on Nov. 19, while at the Pawn King on Veterans Memorial Drive in Batavia, that Klinkbeil -- with intent to defraud -- made a false entry in the business records there by signing a document claiming he was the sole owner of the property he sold. In count two, he is indicted for criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property while at Pawn King -- tools.

Shane C. Bunce is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 8 in the City of Batavia, that Bunce knowingly possessed stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count two, he is indicted for criminal possession of stolen property in the fourth degree, a Class E felony, for allegedly knowingly possessing stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count three, Bunce is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count three that on that day in the city he drove a motor vehicle while his privilege to do so was suspended by authorities. In count four, Bunce is accused of trespass, a violation, for allegedly knowingly and unlawfully entering property in the Town of Bergen on Sept. 8.

News that a Food and Drug Administration advisory panel has approved COVID-19 vaccines developed by Pfizer and BioNTech SE for emergency use provides “light at the end of the tunnel,” the public health director for Genesee and Orleans counties said today.

“Hopefully, this will start a new chapter (in this pandemic) – a kind of beginning of the end for us,” Paul Pettit said, adding that the vaccine will be dispersed in phases, starting with individuals at the highest risk. “We do see the light at the end of the tunnel. It will take a bit of time, so we ask folks to be patient.”

Pettit said local health departments have been working for months on the distribution plan, but emphasized that New York State has the final say as to who gets the vaccine and when.

“The state is kind of driving the boat on this and how it is going to happen,” he said. “Obviously, we’re working with our community partners and our healthcare providers to get pharmacies, and primary care physician offices signed up to deliver the vaccine.”

He said the vaccine – which is given in two doses about three weeks apart – will first be administered to nursing home residents and staff and healthcare workers who are at greater risk. After that, the groups will be divided into other health professionals and high-risk individuals, healthy seniors who meet the age requirements, those with underlying health conditions, other essential service workers and, finally, the general public.

At the outset, the vaccine will be sent to “closed pods,” Pettit said.

“Doses will be sent right to the nursing homes or the healthcare providers that are eligible for it. As we get into January, February and March, it will be more available to the community, again, depending upon your risk level,” he said.

Pettit said the health department will oversee mass vaccination clinics, likely at Genesee Community College, Genesee County Building 2 on West Main Street Road or the Genesee County Fairgrounds, with the campaign – due to the volume of need – expected to run into April and May.

He said about 11,000 doses are being delivered to the Finger Lakes Region as early as next week, and will go to the people designated in the first phase.

The vaccine will be administered at no charge, Pettit said.

“We’ve been told that there will be no co-pays,” he said. “There will be a lot more information coming out, but for the general public, you should not expect the vaccine to be available at least into January.”

Pettit commented on other aspects of the virus.

On the Possible Side Effects of Vaccination

“Everybody’s different so people respond differently to vaccines. We do hear that when people get a flu shot – it’s not a live virus – but sometimes people do have some mild reactions to the shot.

“Again, there may be some mild side effects … but the phase three trials that have been done over the last three to four months have not reported out any significant issues that we have been made aware. The FDA just this morning approved the emergency use authorization that the vaccine is safe and we’re going to be strongly encouraging folks to receive the vaccine. That’s the best way to get us out of this pandemic is to start getting our folks protected.”

On the Primary Causes of the Spread in Genesee and Orleans Counties

“As we continue to look at the data in both counties, the biggest identifying factor that we can find in the majority, but not all, of the cases is usually tied back to some level of gatherings or workers working symptomatic. Those seem to be the two biggest reasons we have seen for at least the index cases and secondary spread, and what happens from there, they go home from the gathering or work and they take it to their family members and/or their extended family members and friends.

“So, you start to get this secondary and tertiary spread, which seems to be perpetuating some of the problem here in our counties. One thing I will say, on the gathering side, a lot of the cases we’ve seen are not necessarily from gatherings of 50 people – the public can be up to 50, private it is supposed to be 10 per the governor’s order.

“But the reality is that it only takes one positive person in that setting to spread it very easily, actually, to potentially all the others that are in that gathering if they’re not distancing and masking. So, gathering size at all levels – five, eight 10, 20 people – we’re still seeing significant spread within those groups if you have positive people.

“It does seem to be that private gatherings are the underlying factor in these new cases and, again, the other one is workers coming to work symptomatic. It’s difficult this time of year because people are dealing with coughs, sniffles and other types of colds, and they’re going to work like they normally would in an average year – and unfortunately a percentage of these are COVID cases and they’re spreading it to their coworkers.”

On the Pertinent Current Data Regarding Positivity Rate

“Right now, positivity-wise, in Genesee County we are, as of yesterday, at about at 8 percent positivity rate over a 14-day average, and over a seven-day average, we are trending down from our peak, which was 9 percent a week ago. We’re down at about 7.2 percent right now for positivity rate. So, that continues to trend down in the right direction, which is a great thing. We’ve been working hard to get that number to trend in the right direction.

“It’s still high. If you recall, three months ago we were down at .5 to 1 percent positivity rate and now we’re right around 8 percent. It’s definitely a lot more active in the community.”

On the Projected Thanksgiving Bump in Positive Cases

“Obviously, there was a lot of talk about a Thanksgiving bump, but our numbers going into Thanksgiving were very high. So, if anything our numbers have started to trend down slightly.

“I think that there were gatherings that occurred over the holiday and we did our best to try to educate and encourage people to have smaller gatherings this year, and minimize contact with those in your immediate family and household, and to look at the risk factors for every individual that’s gathering. If they have underlying health conditions? If they’re in higher risk categories?

“I wouldn’t say there was a significant bump. Our numbers have stayed very consistent to what they were through the whole month of November.”

On the Process of Contact Tracing

“When we find out about a positive case, we do a case investigation. As part of that case investigation, we talk to the individual about their close contacts – that’s really what we’re looking for. With COVID, we go back 48 hours from either symptom onsets, or if they’re asymptomatic, from the test date. So, we’re looking for any close contacts.

“When we say close we’re talking about within six feet or less for more than 10 minutes or if they happen to be in the same space with the positive for more than an hour. That’s called proximate contact, so there’s a couple of different things that we look at, and it’s all based on risk potential. That would be more of a scenario like in a classroom setting or in the restaurant/dining setting … using an hour threshold in a common space with a positive case.

“Once those are determined, they get identified and put under mandatory quarantine, and it’s 14 days from their last exposure to the positive (person). The Center for Disease Control has made some recommendations to change the quarantine down to either seven days with a negative test or 10 days without a test. NYS has not decided yet whether they’re going to follow the CDC’s recommendation on this. As of right now, we are still using 14 days as the quarantine period.”

On Health Alerts that Target Local Businesses, Primarily Restaurants

“We’ve said since day one, going back to March, if we get scenarios where we can’t identify close contacts in a public space, we would have to put out an announcement – a health alert – to let people know that may be in that space, that they may have been exposed to a confirmed positive case.

“What has happened quite a bit lately is – and this is mainly reflective of increased activity -- all through summer and early fall, our infection rate was .5 percent – one case a day, a couple cases a day. Right now, with an 8 to 9 percent positivity rate, there are a lot of positives in our community. What’s happening, particularly in restaurants and other businesses, you have people who come in, sit down and eat their dinner, they’re spending an hour, hour and a half eating.

“Going back to proximate contact, people are sitting down without their masks on so we have to look at everybody in that room or dining area as a potential contact because of proximate contact and time exposure. We don’t know who these people are … the only way to notify these people is to put out a health alert that if you ate at X establishment at X time and on X date, you may have been exposed to a confirmed positive case.

“Obviously, it would be up to the person to read that alert and say, ‘Wait, that was me, and I need to monitor for symptoms or go get tested.’

“As far as big box stores, such as Walmart, Tops, we get a lot of those questions, it’s really the nature of the interaction. When you shop at these types of stores, you’re very transient and you’re not spending more than 10 minutes closer than six feet. Most people are wearing masks, so the risk exposure is totally different because of the transient nature and the large size of these buildings.

“We have had confirmed positive employees at these bigger stores and we have put coworkers on quarantine because they’re spending time in the break room or the back, those types of things. But the exposure to people shopping – going up and down aisles – the risk and the time exposure isn’t there like it is at an establishment where you’re spending an hour with no mask on.”

Press release:

Data Update:

• Genesee County received 23 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Bergen, Byron, Darien, Le Roy and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, and 60s.
  • Forty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-one of the positive individuals are hospitalized.
  • One of the new cases is a resident is at the VA Medical Center.
• Orleans County received 30 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Murray, Yates, Ridgeway and Shelby.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Six 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.
  • Five of the current positive individuals are hospitalized.
  • One of the new cases is a resident of Orchard Rehabilitation & Nursing Center.

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

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

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

---------------

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

The vote was 113 in favor and 90 against.

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

Specifics of the project are as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In other action, legislators:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Only four NY-P teams are on the list.

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

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

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

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

Red Wings Gave it Their Best Shot

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

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

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

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

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

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

Major League Baseball is a legal monopoly.  

Where to Go from Here?

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

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

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

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

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

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

Will Schumer Keep Fighting for Batavia?

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

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

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

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

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

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

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

Tabelski: Games Will be Played at Dwyer

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

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

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

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

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

Press release:

Data Update:

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

Andre Lamar Roberts (inset photo right), 28, of Burrows Street, Rochester, is charged with assault on a police officer and resisting arrest, a Class C felony and Class A misdemeanor, respectively. On Dec. 8, Genesee County Sheriff's deputies apprehended and arrested Roberts following an investigation of an incident that occurred on Oct. 21 on Church Street in Alexander. Roberts allegedly resisted arrest when being taken into custody, resulting in a deputy being injured. Roberts was arraigned in Genesee County Court and put in jail in lieu of $5,000 cash bail or $10,000 bond. He is scheduled to reappear in county court on Jan. 8. The case was investigated by Deputy Erik Andre, assisted by Deputy Jonathan Dimmig, Deputy Jeremy McClellan, and Deputy Kenneth Quackenbush.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Press release:

Data Update:

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

​

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

She said that implicit biases are activated involuntarily.

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

MEDIA IS CRAFTING THE NARRATIVE

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

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

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

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

Carasone said that steps to overcome implicit biases include:

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

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

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

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

WORDS MAKE A DIFFERENCE

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

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

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

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

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

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

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

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

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

MANY LAYERS WHEN IT COMES TO CULTURE

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

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

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

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

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

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