For 42 years members of two churches in Bergen have come together for Easter services on a hill in town.

When it was private property, there was never an issue with the annual service. Now, however, as of this year, the property is owned by the county.

Legislator Ray Cianfrini said today he is worried that somebody could sue the county over allowing a religious service on the property, or some "fringe group" (lack of a better term, he said) might demand equal access to a county park and say a precedent has been set.

"While I support the church and this service, I think there are some legal issues that will have ramifications," Cianfrini said.

County Attorney Chuck Zambito said, yes, it's possible allowing the service could lead to somebody filing a lawsuit.

"I don't think there is anything wrong by allowing them to hold the service," Zambito said. "You may get challenged and you may loose. You may have to abide by whatever happens."

The legal concern prompted Cianfrini to vote no on a resolution before the Ways and Means Committee to authorize the churches to hold the services.

The county acquired the property for one of its new emergency communication towers associated with the construction of the new 9-1-1 system.

Bob Bausch, who represents Bergen, sought approval of continuing access to the property for the Easter service.

The churches conducting the service are the First Presbyterian Church of Bergen and the United Methodist Church of Bergen.

"It's an hour service or less once a year and it's very, very meaningful to them," Bausch said.

The church leaders claim, Zambito said, that the person who owned the property 42 years ago placed a covenant on the parcel to ensure the churches would always be allowed to hold services there.

Zambito said he can find no such covenant filed with the deed and there's been no recording of any such contract.

On the other hand, the previous property owner -- Time Warner -- and the current surrounding property owner -- the Monroe County Water Authority -- have always allowed the services.

In fact, the water authority provides the churches with a key to its locked gate at the base of the hill and service-goers now have a paved road up the hill that's normally to service the Time Warner's communication tower.

Legislator Ed Dejanerio said he is concerned about any liability the county might have from the use, so legislators added a requirement to the resolution that the churches purchase appropriate insurance for the event.

The committee passed the resolution approving the services 3-1. 

Crews apparently from U.S. Gypsum have been working recently at the corner of Hutton Road and Judge Road in Oakfield.

The location is adjacent a site of a large depression that appeared in the roadway a year ago.

Crews appear to have dug four shafts into the ground and are pouring cement down the shafts.

The supervisor on site couldn't speak about the project and referred The Batavian to a company supervisor. That person has yet to return our phone call.

It's never been officially confirmed, the location is rumored to be an abandoned U.S. Gypsum mind shaft.

UPDATE 5:20 p.m.: Jim Perry, plant manager called. A few weeks ago, the company drilled some holes to take a look in the old mine that is at that location. They are no filling the holes and putting in grout to "shore things up," Perry said. The company is working with the DOT and DEC on the project. Asked if their exploratory drilling found any issues he said, "there were no surprises."

A possible barn fire is reported on Prentice Road near Route 237. A passerby told dispatch is looked like an abandoned barn on fire. Stafford Fire Department is responding.

UPDATE 5:07 p.m.: A chief near the scene says it looks like a rubbish fire off the roadway.

UPDATE 5:09 p.m.: The chief confirms it's a big pile of debris on fire; no one appears to be attending it.

UPDATE 6:07 p.m.: The fire is out. Stafford is back in service.

Press release:

Vibrant Batavia and the Batavia Ramparts Squirt Travel Hockey Team will be assisting residents in a fall clean-up on November 10th from 10 a.m. to 2 p.m. We will cover the following streets: parts of Bank Street, parts of North Street, Tracy Avenue and parts of Hart Street.

The clean-up will consist of: leaf raking, debris clean up and removal of pumpkins, corn stalks and hay bales. Trucks will be provided by volunteers to transport the pumpkins, corn stalks and hay bales to the waste Center that day. For residents interested in removal of these items that are unable to participate, please leave them by the street so we know you wish for us to take them. Volunteers should bring their own rake, gloves and, of course, dress appropriately for the weather.

Invitations were distributed to these residents to inform them of the clean-up effort. Terri Clingerman, a Bank Street resident, helped go door to door on Monday. Clingerman said “this is a great way to get people out of their houses and make it a collaborative effort to do a neighborhood clean-up, while getting the chance to meet neighbors." We will also promote this event through our Facebook page to remind residents of the event.      

Bob and Char Grimm, residents of 59 Tracy Ave., will be hosting a lunch for all of the volunteers and residents from the streets included in the clean-up. Lunch will be held at noon and will be provided by Vibrant Batavia. We welcome all that wish to come out and meet with your neighbors.

Grimm said, “I am happy to host along with volunteering my time for a street-wide clean up. ... this is a great opportunity for our youth to take part in a community service effort, as it teaches them how to work together as a team."

The intent of this clean-up is to open the lines of communication between these specific neighborhoods and work toward getting these residents interested in working on future activities. 

Vibrant Batavia is a community network organized to celebrate the past, build on the present and to create a more vibrant future. The volunteers work side-by-side with the City of Batavia, NeighborWorks® Rochester and the business community to strategically improve the City's neighborhoods and to promote a livable community of choice. 

For more information about Vibrant Batavia or NeighborWorks contact Leanna Di Risio at leanna@vibrantbatavia.com or by phone at (585) 738-7388.

Press release:

Today, in a letter to the Board of Directors of the Semiconductor Industry Association (SIA), U.S. Senator Charles Schumer pitched Upstate New York as the international center for the growing semiconductor- and chip-fabrication industry. Schumer touted several Upstate locales and specifically pointed to the newest potential mega-site (1,250 acres) for chip fab, the Genesee County Science, Technology, and Advanced Manufacturing Park (STAMP).

Schumer highlighted the development of Upstate New York’s nanotech sites, underlining the many advantages offered by the Luther Forest Tech Campus, the Marcy Nanotech campus, and now the Genesee County STAMP site. Schumer, who recently hosted the SIA at a Capitol Hill briefing with newly elected senators, urged the 18 semiconductor industry CEOs who comprise the SIA Board to consider Upstate New York sites, including STAMP, when establishing their next semiconductor manufacturing and research facility, citing advantages like access to affordable power, and world-class research universities and proximity to a large qualified workforce.

“The STAMP site will join existing hubs like the Luther Forest Tech Campus and Marcy Nanotech campus, and will become the second semiconductor mega-site in New York State, bolstering the state’s reputation as the preeminent destination for high-tech semiconductor research, design, and development,” Schumer said.

His letter to industry leaders was released in advance of the 2013 Annual Semiconductor Industry Association Dinner, to be held on November 7th in San Jose, California, when representatives from STAMP will make a presentation to the Board of Directors to outline the advantages of the site. Representatives of other New York centers, including Marcy and Luther Forest will also be present.

Schumer continued, “Thanks to decades of joint public-private investments in infrastructure and education, and a talented workforce, Upstate New York is the number-one place to establish semiconductor manufacturing in the nation. The promise of the Genesee County STAMP site only adds to New York’s reputation as fertile ground for high-tech and, specifically, semiconductor manufacturing. Simply put: the high-tech manufacturing sector has the potential to remake Western New York and the entire Upstate economy, delivering a new generation of middle-class jobs. It has already begun in the Capitol District, is spreading to Utica, and is poised to take-off in Western New York, too.

"Upstate New York’s proximity to transportation and energy networks, its access to the creativity and large workforces of major metropolitan cities, and its world-class technology and engineering universities are exactly what the semiconductor industry needs to ensure national and global success – and I made that known to the CEOs of the leading companies.”

In his letter, Schumer highlighted the unique advantages various Upstate New York State sites, including Genesee County’s STAMP site, provide to the semiconductor industry. The industry has benefited from the State’s advanced transportation networks, industrial infrastructure, and utilities at its other leading semiconductor sites. Schumer explained that the STAMP site would continue with this trend, offering close access to Interstate-90, high-capacity electric transmission lines, a large-scale high-pressure gas line, and the New York Power Authority’s hydropower low-cost electricity zone.

These assets ensure that the semiconductor factory would receive robust utility capacity, redundancy, and reliability at competitive prices, in some cases at a 75-80 percent market discount. The STAMP site is also situated between the Rochester and Buffalo metropolitan areas, which contain international airports, active customs stations, and a 2.1 million workforce population.

Last year, Schumer successfully advocated on behalf of STAMP by calling on the U.S. Army Corps of Engineers to provide necessary wetlands permit assurances so that STAMP’s developers could advance the site’s development and begin marketing the site to prospective tenants. Schumer has also taken a lead advocacy role for the semiconductor industry in the 113th Congress, which has led to the passage of major immigration reform legislation and a long-term reauthorization of the federal helium reserve, a critical lifeline for semiconductor manufacturers.

The growth of the semiconductor industry in Upstate New York has also been encouraged by the region’s strong research and educational base. The State is home to some of the world’s leading technology and engineering universities, including the University of Albany’s College of Nanoscale Science and Engineering (CNSE), the Rochester Institute of Technology, the University at Buffalo, the University of Rochester, and Cornell University — all of which are spearheading efforts in research, commercialization, workforce development, and collaboration in the high-tech and semiconductor fields.

Schumer called on the SIA companies to consider the advantages offered by the New York’s high-tech resources, and mega-sites like STAMP primed for development, when choosing the location of their next chip fab. Schumer noted that the long-term development of the STAMP site would bring long-lasting, stable jobs to New York and make the region a hub of high-tech manufacturing.

It's likely the taxpayers of Corfu may never know just how much money went missing from the Village Court during the years that Judge Robert Alexander sat on the bench and his daughter, Brandi Watts, was his court clerk.

Watts has already reimbursed the village $10,128 as part of her agreement to plead guilty last week to a single count of tampering with government records, a Class D felony.

A report issued yesterday by the NYS Judicial Review Commission says its investigation found more than $14,000 went undeposited in the court's bank acount from Jan. 1, 2009 to March 31, 2010.

That's one of the problems with the case, said Special Prosecutor Donald O'Geen -- nobody can agree how much money is missing. The comptroller came up with a different figure and Pam Yasses, the current court clerk, did her own audit and came up with a completely different figure.

At the heart of the judicial commission's review, as it was with the comptroller's original audit, is that the bookkeeping was apparently just plain sloppy during Alexander's administration of the court.

For example, there's more than $51,000 in funds received by the court during the period reviewed by the commission that aren't properly recorded. The commission said there is simply no record of where the money came from.

In 39 out of 50 cash deposits during the time period, the court records and bank documents don't reconcile.

Watts allegedly failed to issue receipts for payments on fines in 379 traffic ticket cases during the review period.

O'Geen said the easiest part of the case to prove against Watts, and what eventually led to her guilty plea, was the paper trail indicating the Watts would charge people paying a traffic ticket by check more than the fine imposed by Alexander. O'Geen said he believes Watts was using that higher charge to back fill for funds she was taking from cash fine payments.

The possibility of more missing money from the same time period isn't likely to lead to new charges against either Alexander nor Watts, O'Geen said. In the case of Watts, it would constitute double jeopardy to charge her for essentially the same crime twice, and for Alexander, there's no indication he ever actually took any money himself.

Alexander is legally liable for any missing funds in the court during his time in office. However, it would be up to the Village of Corfu to decide what it could prove is missing beyond the $10,128 already paid back and any potential higher amount believed missing.

"One of the biggest problems with this case," O'Geen said, "is the records are simply in disarray."

The judicial commission's report also complains that Alexander was reducing the fine amount on traffic tickets and waiving surcharges so that the state wasn't getting its share of the revenue.

More than 2,300 traffic tickets during the review period should have resulted in fines being remitted to the state, but did not, the report states.

O'Geen noted that in just about every jurisdiction in the state, judges routinely reduce traffic violations to a parking ticket with a fine that goes entirely to the local jurisdiction.

To fix that, the state recently added a surcharge to parking tickets, O'Geen said.

The commission also criticized Alexander for hiring his daughter without proper judicial commission approval.

During our conversation, O'Geen also referenced a comptroller's audit in October of the court in the Town of Alexander that found the court failed to maintain good accounting records, with nearly 1,900 traffic tickets still pending that should have been resolved.

The local municipal justice system is broken, O'Geen said.

"They're (Corfu) are not unique and that's part of the problem," O'Geen said. "There's a larger conversation to have that the system is bigger than part-time judges and part-time clerks can handle."

In calling for Alexander's removal from the bench -- Alexander resigned from his remaining court position in Pembroke last week -- the commission used harsh language to criticize the former justice.

The commission said Alexander "failed to uphold the integrity and independence of the judiciary by failing to maintain high standards of conduct," that he "failed to avoid impropriety and the appearance of impropriety," that he "failed to respect and comply with the law and failed to act in a manner that protects public confidence in the integrity and impartiality of the judiciary."

It was a clean sweep for the GOP in Batavia's race to fill three at-large seats on the City Council in a year when the party was facing a new challenge from local Libertarians for the first time.

Eugene Jankowski Jr., Brooks Hawley and John Deleo easily secured four-year terms on the council.

Libertarians Jim Rosenbeck and Lisa Whitehead finished eighth and ninth in the crowded field.

Hawley, the lone incumbent among the winners, got 1,179 votes, according to the still unofficial tally.

"We visited almost every street and home in Batavia,” Hawley said. “People saw how dedicated we are and they believe we will use that dedication in City Council as well.”

Hard work was part of the GOP strategy this year, said city Chair Matt Landers, who acknowledged the Libertarian presence on the ballot and the fact the new local party was out working hard helped motivate the Republicans.

“They were working very hard and they are an upstart group with a passionate base and we definitely took them seriously,” Landers said.

Rosenbeck received 358 votes and Whitehead 243 votes. 

The low vote totals didn't discourage party Chairman Phil Ricci at all, who told the party members at their election headquarters at Larry's Steakhouse that Rosenbeck would become the committee chairman of the party's new city committee.

“We started with a small group of concerned, like-minded citizens, set with the task of creating an alternative to the existing political parties,” Ricci said. “That little ragtag group grew into a solid core group of committed individuals who felt strongly enough about our core principles, and even stronger about the lack of real choice, to give it a go.”

Jankowski, a former Batavia PD lieutenant, said after a hard-fought campaign, he's ready to get to work, serving his community in a new capacity.

"We work well together, people respect us and they want us to be their leaders in the community," said Jankowski, who received 1,269 votes.

Deleo, who garnered 1,309 votes, said the three winners will make a good team going forward, just as they did as campaign mates.

“We all have our own strengths and together it works for the best,” Deleo said.

Rosenbeck remained upbeat about the Libertarian effort.

“It has been a success and we wish the GOP well,” Rosenbeck said.

Rounding out the field were Diana Kisiel Kastenbaum, 586 votes, Thomas Clark, 552 votes, John Demske, 631 votes, and Rose Mary Christian, 406 votes.

Katenbaum, a Batavia native who moved away for many years and then returned to her hometown vowed to stay involved in her community.

 “I sit on a couple boards, Go-Art and Landmark Society, and I will continue working for the citizens of Batavia,” Kastenbaum said. “As a citizen I can be as active as I choose to be and I hope to be.”

For complete election results visit WBTA.com.

Top Photo (by Howard Owens): Phil Ricci speaks to Libertarian Party members.

John Deleo, Joe Gerace and John Roach watch the election results get posted at the GOP headquarters for the night at City Slickers (photo by Howard Owens).

With only 21 votes separating the two candidates for the District 9 seat on the County Legislature and 100 absentee ballots yet to be counted, neither incumbent Ed Dejanerio nor challenger Bob Bialkowski were interested in predicting the outcome of the race.

"I'm in the minority and who knows," Dejanerio said, acknowledging his role as the sole Democrat on the Legislature as well as the slight registration advantage for the GOP in District 9. "I do my best and that's all I can do."

Both candidates worked hard, they said of each other, and presented a stiff challenge throughout the campaign.

The unofficial tally has Dejanerio up 362 to 341.

Dejanerio is simply hard to beat, Bialkowski said.

"There's a lot of Democrats in the district," Bialkowski said. "Ed's been there a long time. Ed's a likable sort of guy. People like Ed. I'm pleased I've done as well as I have. Other people have tried running against Ed but have never done so well."

City GOP Chairman Matt Landers agreed.

"It's hard to beat an incumbent," Landers said. "Ed's been there a long time. He's beaten Republicans in the past. Bob worked really hard and we'll see how it breaks."

Things broke better for the GOP in the other three contested Legislature races.

Shelly Stein beat Earl Funderburk 1087 to 427 in District 5. Gregg Torrey beat incumbant Esther Leadley, a Republic who didn't get her party's nomination, 706 to 373, and the race was apparently made closer by the presence of a Libertarian on the ballot. Marianne Clattenburg beat Bill Fava 385 to 271 with Bob Brown picking up 82 votes.

"Bob did hurt us," Landers said. "We were worried that he would peel off Republican votes and it was relatively close between Marianne and the Democrat."

None of the big issues facing the County Legislature seemed to play a role in voters' decisions, based on the feedback candidates were getting while walking precincts. Voters rarely mentioned the nursing home, the Genesee County Economic Development Center, mandates, or hiring more jail guards.

People were concerned about taxes, but in the District 9 race, there isn't much difference on the issue between Dejanerio and Bialkowski.

"People are against any kind of property tax increase," Bialkowski said. "People in the city are hard pressed right now and when they hear that they're going to have a public hearing on going over the tax cap, that doesn't sit well with people. It doesn't sit well with me."

Top photo: Ed Dejanerio, city council candidate Diana Kastenbaum with Pat Burke at O'Lacy's while awaiting election results.

Matt Landers congratulates Gregg Torrey on his District 6 victory.

Batavia PD is setting up a search area around State Street after a report of some sort of confrontation involving a black male who opened a jacket and displayed a handgun.

The incident was reported on Hutchins Place.

UPDATE 12:03 a.m.: Batavia PD officers have been told they can break down their perimeter and resume their regular patrols. No word on whether the suspect was located.

When I was in Chicago, the folks at Zebrareach showed me their new online ordering system for restaurants. I thought it was great, so a little less than a month later, we're launching BataviaEats.com.

Right now, we have 10 local restaurants participating. We've completed menus for five of them, with the rest scheduled to be finished before the end of the week. There are also four or five other restaurants I believe will sign up, and there are several restaurant owners I haven't talked with yet. So I'm sure we will be adding several more locally owned restaurants to BataviaEats.com.

BataviaEats.com will become your local online portal for ordering from great local restaurants (one of the blessings of Genesee County is our restaurants).

Here are the menus available now:

• Big Pauly's
• Clor's
• Larry's Steakhouse
• Settler's Family Restaurant
• T.F. Brown's

Coming within days will be City Slickers, D&R Depot, Sammy Hill's and Sweet Ecstasy Bakery.

Also, Big Pauly's and T.F. Brown's have also added their online ordering menu to their Web sites, and the other restaurants with Web sites will also, I'm sure, add their menus.

Restaurant owners: Want to sign up? Contact me at howard@thebatavian.com or (585) 250-4118. There's no set-up cost, no monthly fee, just a small transaction fee plus the standard credit card fees. You just need a way to receive orders -- fax, e-mail or through a Web browser.

Next fall, more Genesee County Community students than ever will be able to live on campus thanks to the construction of two more housing units at College Village.

Today, officials held an official groundbreaking for the new buildings.

"It's great for our students," said College President Jim Sunser. "It's great for the community. College Village is an integral part of what we try to do, to have students experience the full college environment, and adding 64 more students to the full campus experience is another step in that direction."

The $2.81 million project is funded through a private loan to the Genesee Community College Foundation Housing Services, Inc., and repaid through fees paid by students.

Photo: Laura J. Bohm, GCC trustee, left, Norm Fuest, housing president, Jim Sunser, college president, Robert Boyce, GCC Foundation president, Joe Condidorio, with Whitney East and Rick Henry from Clark Patterson.

Previously: Plans moving forward for expansion of College Village

Press release:

Genesee Lightning, Genesee ARC’s softball team, recently competed in the Special Olympics regionals competition in Victor and the Special Olympics Fall Classic in Pittsford.  In Victor, the team earned a bronze medal and the skills team brought home two gold, three silver and two bronze medals. At the Fall Classic, the team earned another bronze and the skills team came home with three gold and three bronze medals.

Athletes on the 2013 softball team and skills team were: James Grudzien, Erik Goodrich, Wesley Munt, Chris Jakubowski, Angie Maniaci, Juan Baez, Josh Derrick, Josh Jones, Jason Stimson, Jackie Jones, Chris Hartgrove, Josh Tiede, Shawn Bennett, Tim Markek, Jacob Klotzbach, Brandon Oun, Sara Dieck and Shannon Nigh.

Pictured with the team is Certified Coach, Reneé Potter, Genesee ARC Family Support Services manager (far right) and Team Assistant Coach Eileen Corcoran, Genesee ARC prevocational specialist (far left).

Up next are the Special Olympics winter games. As soon as weather permits Genesee ARC’s Special Olympics snowshoeing team will begin practicing.

Ride the “Liberty Taxi”!

Remember to vote.

Contested races for the Genesee County Legislature

• District 5, Earl W. Funderburk and Rochelle M. Stein
• District 6, Gregg H. Torrey and Esther G. Leadley
• District 8, William G. Fava, Marianne Clattenburg and Robert W. Brown
• District 9, Edward DeJaneiro Jr. and F. Robert Bialkowski

City Council At Large (nine candidates, vote for 3)

• Diana K. Kastenbaum
• Thomas R. Clark
• John F. Demske
• Brooks M. Hawley
• John Deleo
• Eugene A. Jankowski Jr.
• RoseMary Christian
• James M. Rosenbeck
• Lisa M. Whitehead

Byron Town Board (vote for two)

• Donald L. Liles
• Jeffrey J. Thompson
• Suzanne J. Fuller

Le Roy Town Justice (vote for one)

• Scott M. McCumiskey
• Michael T. Welsh

Le Roy Town Board (vote for two)

• David R. Paddock
• Thomas V. Stella
• Kelly F. Carlie

Pembroke Town Board (vote for two)

• Craig E. Blake
• Edward G. Arnold Jr.
• John J. Worth

Stafford Town Board (vote for two)

• Ronald T. Panek
• Robert W. Mattice
• June Wallace

There are six statewide ballot initiatives to consider:

Proposal 1: Casino gaming. The purpose of the proposed amendment to section 9 of article 1 of the Constitution is to allow the Legislature to authorize and regulate up to seven casinos for the legislated purposes of promoting job growth, increasing aid to schools, and permitting local governments to lower property taxes through revenues generated.

Proposal 2: Additional Civil Service Credit for Veterans with Disabilities Certified Post-Appointment. The purpose of the proposed amendment to section 6 of article 5 of the Constitution is to grant additional civil service credit to veterans who are certified as disabled after they have been appointed or promoted to a civil service position. The State Constitution currently grants veterans additional credit on civil service exams (5 points for an original appointment and 2½ points for a promotion). Disabled veterans are entitled to additional credit (10 points for an original appointment and 5 points for a promotion). Veterans are eligible for only one grant of additional credit, and so a veteran who is appointed or promoted before being certified as disabled currently is not eligible for the higher amount of credit he or she would have received if he or she had been certified as disabled before his or her appointment or promotion. This amendment would create an exception to the one-time-only additional credit rule. It would permit veterans who are certified disabled after having already received credit at one appointment or promotion, because of their status as veterans, to receive additional credit one more time after certification of their disability. After being certified disabled, a veteran would be entitled to an additional grant of credit equal to the difference between 10 and the number of points received at the initial appointment or promotion. This would bring the total additional points of civil service credit such a veteran can receive to 10 for either an appointment or a promotion.

Proposal 3: Exclusion of Indebtedness Contracted for Sewage Facilities. The purpose of the proposed amendment to section 5 of article 8 of the Constitution is to continue to allow counties, cities, towns, and villages to exclude from their constitutional debt limits indebtedness incurred for the construction or reconstruction of sewage facilities. The State Constitution currently provides that indebtedness contracted on or after January 1, 1962 and before January 1, 2014 for the construction or reconstruction of facilities for the conveyance, treatment, and disposal of sewage shall be excluded from the constitutional debt limits of counties, cities, towns, and villages. The effect of the proposed amendment would be to extend for 10 years, until January 1, 2024 the period during which sewer debt will be excluded from the constitutional debt limits of counties, cities, towns, and villages.

Proposal 4: Settling Disputed Title in the Forest Preserve. The purpose of the proposed amendment to section 1 of article 14 of the Constitution is to resolve competing claims of title between the State and private parties to land located in the forest preserve, in the town of Long Lake, Hamilton County. The State Constitution generally forbids the lease, sale, exchange, or taking of any forest preserve land. The proposed amendment would allow the Legislature to settle 100-year-old disputes between the State and private parties over ownership of certain parcels of land in the forest preserve by giving up the State's claim to disputed parcels. In exchange, the State would get land to be incorporated into the forest preserve. The land exchange would occur only if the Legislature determines that the land to be conveyed to the State would benefit the forest preserve more than the disputed parcels do.

Proposal 5: In Relation to a Land Exchange in the State Forest Preserve with NYCO Minerals, Inc. The purpose of the proposed amendment to section 1 of article 14 of the Constitution is to allow NYCO Minerals, Inc., a private company, to continue its mining operations in the town of Lewis, Essex County. The State Constitution generally forbids the lease, sale, exchange, or taking of any forest preserve land. The proposed amendment would allow the State to convey approximately 200 forest preserve acres to NYCO Minerals for mining. In exchange, NYCO Minerals would give the State at least the same amount of land of at least the same value, with a minimum assessed value of $1 million. This land would be added to the forest preserve. When NYCO Minerals finishes mining, the company would restore the condition of the land it received in the exchange and return it to the forest preserve. The proposed amendment also would allow NYCO Minerals to test to determine the quantity and quality of the mineral to be mined on the land to be exchanged before the exchange occurs. It would require NYCO Minerals to give the State its test results so that the State can use them to determine the value of the land to be conveyed to NYCO Minerals. The proposed amendment also would require that if, after testing, NYCO Minerals does not want the forest preserve land, NYCO Minerals still must give the State at least the same amount of land of at least the same value of the land that was disturbed by the testing. This land would be incorporated into the forest preserve.

Proposal 6: Increasing Age until which Certain State Judges Can Serve. The purpose of the proposed amendment to sections 2 and 25 of article 6 of the Constitution is to increase to the age of 80 the maximum age until which Justices of the Supreme Court and Judges of the Court of Appeals may serve in the following circumstances: (a) Justices of the Supreme Court are currently required to retire in the year they turn 70 years old, but are eligible to continue to perform the duties of a Justice of the Supreme Court for three additional two-year terms upon a certificate that their services are needed by the courts and that they are competent to perform the full duties of the office. The proposed amendment would make them eligible for two additional such two-year terms, upon the same certification of need and competence; (b) Judges of the Court of Appeals are currently required to retire in the year they turn 70 years old. The proposed amendment would permit a Judge who reaches the age of 70 while in office to remain in service on the Court for up to 10 additional years in order to complete the term to which that Judge was appointed.

Two Rochester men arrested Oct. 17 for an alleged brazen act of thievery at Walmart are facing upgraded charges after the ongoing investigation uncovered another alleged theft from the store two days earlier.

Eric L. Strong, 53, Michael Dawson, 50, and Keith Brantley, 43, are now charged with grand larceny, 3rd, an upgrade from the original fourth-degree grand larceny charge.

A review of store surveillance video by a Walmart Loss Prevention Officers found the three men allegedly in the act of stealing $947 in merchandise.

They had already been accused of stealing $2,126 in merchandise by loading it in a shopping cart and wheeling it out the door.

Strong also faces a new charge of petit larceny for allegedly stealing merchandise valued at $242.69 on Oct. 1.

All  three are being held without bail.

Press release:

Two individuals from Genesee County were presented with awards at the MHANYS Awards Dinner in Albany on Thursday, October 24th. The evening is a highlight of the year in MHANYS. Those being honored are symbolic of the kind of people who work tirelessly every day, with little recognition, to help make lives better for people with psychiatric disabilities.   

MHANYS Volunteer of the Year Award: Sueann Schramm has devoted her time and care to the MHA in Genesee County for many years. She has volunteered numerous hours to the programs, workshops and activities that are provided by the MHA. As a volunteer, Sueann is a co-facilitator for two important MHA support groups, Survivors of Suicide Support Group and Life Bridges Trauma Support Group. Each time the group meets, Sueann ensures that the participants feel that they are in a comfortable and safe place.  Her care for others also extends to the agency’s Warm Line program. Sueann is a long-time, dedicated, volunteer listener. The support she provides to callers is unmatchable and she is often asked for by callers because of the comfort she is able to instill. 

Through her work, Sueann is dedicated to removing the stigma of mental illness. She is always willing to share her story to inspire change in others. “Sueann is one of those rare individuals that does what is right, not for recognition, but because it is right,” says Betty Raponi, Relief Worker at the MHA in Genesee County.

MHANYS Friend of the MHA Award: Detective Sergeant Patrick J. Corona has served the Batavia City Police Department in Genesee County for 28 years. Throughout the years, Detective Corona has worked directly with the MHA in Genesee County to promote wellness in the community. He has had a direct impact on MHA events such as the Suicide Prevention Coalition of Genesee County, Criminal Justice Day and the MICA/Trauma Task Force. In recent years, Detective Corona has taken on the responsibility of planning trainings that address the challenges returning veterans face and the implications of human trafficking. Detective Corona has continuously dedicated his time to learning about mental health needs and to improving the lives of people in Genesee County.

Press release:

Saturday afternoon, the City of Batavia Historic Preservation Commission presented bronze plaques to the owners of six locally designated landmarks in a ceremony held at Sweet Ecstasy Bakery. The ceremony is one that occurs every few years and plaques presented in previous ceremonies can be seen around Batavia. The plaques include the date the landmark was erected and the words, “City of Batavia Historic Landmark.”

Plaques presented today were for: the old city hall (former Brisbane Mansion); the Bonarigo & McCutcheon law office at 18 Ellicott St. (former St. Mary’s rectory); the former Genesee County Sheriff’s office at 14 W. Main; Dr. Anna Lamb’s office at 7 Evans St. (former gas holder building); the Sharon Johnson residence at 44 Roosevelt Ave.; and the former Doty Mansion at 123-125 Jackson St. Owners of these buildings, in accepting the plaques, have agreed to display them on the exterior of their structures in locations readily visible to the public.

The City of Batavia Historic Preservation Commission, established in the mid-1990s, works to recognize and help preserve Batavia places and buildings of historic significance. More than 40 properties have been designated as landmarks over the course of the Commission’s existence.        

Photo: Joan Barton, chair of the Historic Preservation Commission, presenting plaque to Ben Bonarigo.

Press release:

Congressman Chris Collins (NY-27) is encouraging local fire departments and EMS squads to apply for federal Assistance to Firefighter Grants (AFG) through FEMA. AFG funds help fire departments and other first responders purchase critical equipment and protective gear. The funding can also be used to obtain training and other resources needed to help protect both the public and emergency personnel.

FEMA began accepting applications from eligible departments today. The application period closes on Dec. 6 at 5 p.m.

“Members of our local fire and EMS departments stand ready to assist the community at a moment’s notice,” Congressman Collins said. “It is important our first responders have access to the tools and training they need. FEMA’s Assistance to Firefighter Grants helps them do just that and I encourage departments throughout NY-27 to apply.”

More information on the AFG program can be found at: http://www.fema.gov/firegrants