For the first time, a local government entity is making its own decisions about reopening that may fly in the face of the governor's executive order.

Greece is opening the door for outdoor seating at some restaurants, in advance of the Phase 3 reopening schedule.

One of those restaurants is The Charbroil House Restaurant in Greece. Owner Dave Palumbo is among the first to receive a town permit making it possible.

"I don't see why we can't open if we're following all the rules of social distancing," he says.

"So I thought this was a nice way to ease into it in a safe manner," says Greece Town Supervisor Bill Reilich, who is allowing the town to issue permits to some of the town's roughly 150 restaurants, as long they meet safety guidelines.

This is happening despite the fact that the restaurants and food service businesses are not slated to reopen until Governor Andrew Cuomo's planned Phase 3 of reopening.

"I don't look at this in any way that we're challenging the governor or going against the governor's rules. We're applying his policy in a responsible way," says Reilich.

But the move is not receiving a warm welcome from the man charged with overseeing the reopening effort in our region.

"The Greece town supervisor can do whatever he wants. The only thing is, the Greece town supervisor can't override the governor's executive order," said Rochester Chamber of Commerce President and CEO Bob Duffy.

He says his team is working to provide information to the governor to help him make the final call on reopening.

"It's interesting, no one has announced their intention to go forward yet on their own, except for one person. So, hey, I am not an enforcement mechanism, I am an advisor. All I can do is give the best advice and that is I would not get out in front of the governor's decision nor would I be in violation of that executive order," Duffy says.

Reilich says he is not going against the governor's recommendations.

"No, I'm not at all. We are taking the governor's recommendations of six foot distancing, all the safe practices, the servers will wear a mask and we're applying them to the situation," Reilich says.

Palumbo is moving forward with permit in hand. He hopes that patrons will safely take a seat outside his restaurant starting on Friday. 

"I'm hoping everything's going to work out the way we plan it. I want to follow social distancing rules, but I mean we’ve got to survive too," he admits.

Reilich says he hopes the governor will give a thumbs up to outdoor restaurant seating in our area.

Duffy says he believes we will learn more on Friday.