You may have seen it on various social media platforms. People are complaining about other people gathering in a manner that appears to violate social distancing recommendations. Some have even sought to complain to their local town or village officials.
In that case, it’s better to save your breath because local municipalities have very limited authority when it comes to enforcing safe distancing measures advocated by health officials and President Trump.
This shouldn’t surprise anyone familiar with the 1937 Supreme Court decision that made the federal right to assembly applicable to the state level. (For those old enough to remember, the “Four Freedoms” of assembly, religion, speech, and the press would become the centerpiece of the 1939 New York World’s Fair.)
“We’ve had some complaints about people gathering,” says Mendon Supervisor John Moffitt. “I’ve talked to the Monroe County Sherriff’s Department and the town attorney. We really don’t have an enforcement role there. Our only enforcement role is in construction.”
Here are local updates for this week:
Mike Falk, Lima Town Supervisor reported the following: “The food pantry is now delivery only. Anybody needing help can call 582-1130. All they have to say is ‘food’ and leave their phone number and we’ll make the arrangements. The Town Board met on April 7th. The asbestos project on the front of the town hall is being closed out. Demolition with continue for all the rotted wood on the front door and anywhere else needed. Then we’ll be looking to have some restoration masonry done to return it to its original look.”
“The town board approved going to bid for an elevator system to connect the all floors in the town hall for the very first time. This will allow everybody access to the theatre space on the top floor. There used to be a lot of theater productions (on the top floor), this will allow us again to access it. There is a big push now for community centers and this is the least costly way for Lima to get into that kind of a space.”
“The last easement was obtained for the town sidewalk project to connect the village sidewalk north along 15A up to the college and the business district. We’ll see more construction on the sidewalk this summer. That last easement blocked funding on the last grant go around. For us, that’s a big deal.”
“The town clean-up day has been postponed from early May to late June.”
John Moffitt, Mendon Town Supervisor reported the following: “We have an application for the former Marcus Park which used to be owned by the JCC. The new name is the Firm Center. There’s an application and they were at the last planning board meeting on April 1st and there will another meeting on April 15th. That’s the only thing we have on the agenda there.”
“We have a town board meeting on April 20th. At that point we will make a decision as to whether or not we are going to hold public hearings in a virtual format. If we decide we’re going to do that, then there are a few other items before our planning and zoning boards that could proceed. If we decide we’re not going to do that, then that would put those projects on hold.”
“We still have brush pick-up scheduled for April 27th, but that is subject to change. We’re going to have a few short crews coming back into the Highway Department this week. They will work on some projects now that we can do while keeping the guys separated and in different vehicles and equipment. We feel we can bring in a small group and get some things done probably for this week and next week.”
“Town Hall is still in operation but we’re not open to the public. Everybody has been in routinely, but we do try to limit the number of people in there at one time. Everybody is getting done what they can get done. Obviously, there’s a lot of things that can’t be done. For example, courts are down. Recently, there has been something that came down from the State pertaining to Grievance Day, which is coming up. That’s been modified and I know the Town Assessor has been looking into that. You can still grieve your assessment but it’s just changed the process so you aren’t required to have a face-to-face meeting.” [Editor’s Note: See Legal Notices section for more information on this.]
“We do have some sort of enforcement role as far as new buildings are concerned. If it’s a one-man job or if it’s something this is deemed ‘essential,’ construction will be allowed to continue. Not a lot of projects can continue with building permits, but anybody who is in the process of trying to get a project going, we’re trying to keep it moving as best we can under these circumstances. You can do some things. Also, if you’re in the middle of a project, you can enclose it to keep your investment from being subject to the elements.”
John Correll, Acting Mayor of the Village of Lima reports the following: “We are going to have a meeting on April 14. It will be our first meeting using Go-to-Meeting. We’re going to hire a new Village Clerk, so that will be on the agenda.”
“Beyond that, phase one of the water project is pretty much wrapping up. We’re pretty much down to just the final connection on the interconnection between Avon and us. Phase II is going to bid which is more connectivity, some larger diameter piping up to the water tower and cutting in some extra valves. There’s actually a water tower halfway down to Avon – not quite to the DEC on 5 & 20 – that allow us to fill each other’s water tank. They are only about 30 feet difference, so in an emergency we would be allowed to supply each other with water. Our concern is that if we take our water tower off-line for up to three months, we’ll have an actual back-up to the Village and the Town from Avon.”
Rick Milne, Mayor of Honeoye Falls reports the following: “Honeoye Falls completed our (Public Hearings) for the 2020/2021 budget and a Sewer rental rate Change this past Monday (4/6). We then conducted our Annual Business Meetings and made all the appointments and designations. We used a ‘On Line Platform’ called Big Blue Button and overall, it went well. We did have a few people watching and had one comment when we lost one person’s audio. But very little interaction overall.”
“We had a lengthy discussion about the budget and in the end voted (3-2) to keep the tax rate/1000 level with no increase. We did raise the sewer rental rate by $10/unit. WE ARE VERY CONCERNED ABOUT THE BUDGET MOVING FORWARD AND POTENTIAL LOSS OF SALES TAX REVENUE.”
“We deem the event successful and will continue to use this platform moving forward for all our meetings throughout the pandemic time frame of (social distancing) and closures/pauses.”
“No serious issues within the Village, however, we’re getting more calls/emails from persons concerned about park usage by kids congregating. Also have heard complaints about groups of kids hanging out on Hyde Park (a street in the Village). I do plan to reach out to our MCSD B-Zone Captain and ask for them to patrol the parks during the day (when in the area) to gently remind people that the playgrounds etc. are not open to the public.”
“There is one church in the Village area that has continued to have services as a group, although last week’s (Palm Sunday) was outside. I fielded complaints from people around the community about this and actually had a call that came in from St. Catherine’s Ontario, Canada complaining. (They had heard about it from a local resident). They were concerned about the lack of enforcement and lack of a serious attitude in the ‘States’ about this. (I thanked them for their concern and information).”
“The Village Municipal buildings remain closed for appointments only and our staff is working (split shifts).”
