An update of the direction that the Batavia City Council will take in filling the vacant city manager position is on the agenda of Monday night’s Conference Meeting at City Hall Council Chambers.

Council President Eugene Jankowski Jr. previously indicated that the board would make its plan public at Monday’s meeting.

The choices boil down to utilizing a stipulation in a contract with The Novak Consulting Group of Cincinnati, Ohio, to receive a “free professional search” or to hire Interim City Manager Rachael Tabelski, who has been serving in that capacity since the June departure of former City Manager Martin Moore.

The Novak Consulting Group assisted in the search to hire Moore in August of 2018. The firm’s agreement with the city included a free search should Moore leave within two years of his employment date.

City Council met in executive session earlier this week to, in all likelihood, discuss the city manager position.

Should Council decide to conduct a full search as it did in the case of the Moore hiring, it would consist of forming a screening committee to evaluate potential candidate resumes and, eventually, conduct interviews.

Jankowski has acknowledged there will be costs associated with the search that would not be covered by Novak’s guarantee, such as advertising in national trade publications and travel expenses.

The board could bypass a manager search and offer the job to Tabelski, who was hired as assistant city manager in August of last year.

In a related development, Council will consider a resolution on Monday’s meeting agenda to give Tabelski $1,000 per month in addition to her regular salary – effective July 20, 2020 – for assuming additional duties and responsibilities in the absence of a city manager. The stipend would continue until the city manager position is permanently filled.

Other agenda highlights include:

• An application from the Downtown Business Improvement District to hold Christmas in the City from 2 to 6:45 p.m. on Saturday, Dec. 5. A parade from Jefferson Avenue to Liberty Street is set for 6 p.m. Estimated costs for the event are $480 for police coverage, $276.42 for public works assistance and $1,425.71 for bureau of maintenance duties.

• An audit presentation by Laura Landers of Freed Maxick concerning the city’s financial statements for the fiscal year ending March 31, 2020. Landers and Tabelski met with the City of Batavia Audit Advisory Committee on Aug. 18 to review the documents, and answered questions pertaining to fund transfers, debt service payments, fund balances (including water and sewer), the city’s self-insurance plan and the impact of decreased sales tax revenue.

• A resolution authorizing a foreclosed house at 50 Oak St. to be transferred (for $1) to Habitat for Humanity for rehabilitation. If approved, it would be the 11^th home acquired by Habitat from the City of Batavia. A memo from Tabelski to Council indicates that Habitat plans to invest between $58,000 and $62,000 to renovate the one-family house, which is assessed at $62,000. The Batavia Housing Authority is partnering with the city in this venture.

• A resolution to schedule a public hearing on Oct. 26 to amend the Batavia Municipal Code to include public garages in I-1 industrial zones with a special use permit. This change stems from a January request by Eric Biscaro, owner of Classic Home Improvement, to construct an auto service station on the property at 653 Ellicott St. The zoning text change has been approved by the City of Batavia Planning & Development Committee and the Genesee County Planning Board.

The Batavia Town Board has scheduled a special meeting for 5 p.m. Wednesday to distribute the tentative budget for 2021.

Board members will meet for a work session at 4 p.m. Tuesday and also will convene for another work session following the special meeting on Wednesday, Town Clerk Teressa Morasco said.

The special meeting and work sessions will be held at the Town Hall at 3833 W. Main Street Road.

Photo from left: Correction Officers Michael A. Strumpf, Christopher L. Seelbinder, Austin J. Davis, Matthew M.J. Luce, and Undersheriff Bradley D. Mazur.
Submitted photo and press release:

Genesee County Sheriff William A. Sheron Jr. announces the graduation of Correction Officers Michael A. Strumpf, Christopher L. Seelbinder, Austin J. Davis and Matthew M.J. Luce.

These Correction Officers recently graduated in a class of 18 from the Livingston County Basic Corrections Academy. Correction Officer Davis was one of two team leaders of the class. The six-week training included instruction in the care and custody of inmates, inmate supervision, defensive tactics, firearms training, and other topics pertaining to corrections.

“Congratulations to Correction Officers Strumpf, Seelbinder, Davis and Luce and welcome to the Genesee County Sheriff’s Office family,” Sheriff Sheron said.

Despite attendance limits at Batavia Downs Gaming and fewer dates on the horse racing schedule, wagering through services provided by the Western Regional Off-Track Betting Corporation is way up.

And officials of the public benefit company say they are amazed.

“In gaming, we’re at 25-percent occupancy rate (due to COVID-19 restrictions imposed by New York State) and we’re achieving 90 percent of last year’s numbers,” Chief Financial Officer Jacquelyne Leach said following this morning’s WROTB board of directors meeting at the Park Road facility. “This is much better than expected.”

Leach reported a “net win” of $2.2 million since the gaming site reopened on Sept. 9.

“Forty-nine percent of that goes to the state and the rest stays here,” she said, also reporting that the Downs distributed $91,604 in surcharges to municipalities for the month of August.

Wagering has hit remarkable levels at the Batavia Downs harness track and at the corporation’s Off-Track Betting branches as well.

Todd Haight, director/general manager of live racing, said that after 19 of the 42 racing dates, the handle is up more than 57 percent from last year.

“The betting is just off the charts this year; I really never saw this coming,” he said. “Despite having 11 less race cards, the OTBs, which include Batavia Bets, are up over $6,300 in handle, which is amazing.”

Haight said the corporation’s other simulcast sites -- excluding OTBs and EZ-Bets (terminals placed at bars and restaurants) and online betting -- is up 36 percent and total betting, despite a lack of spectators, is up 18 percent.

He said that on Kentucky Derby day, the handle was the second-largest ever at the Downs since OTB purchased the track in 1998.

“It was a pleasant surprise, for sure, but we want to get our spectators back and fill that clubhouse to 100-percent capacity,” he said. “But for now, we’re really excited about the season.”

Sean Schiano, director of branch operations, reported that the Kentucky Derby handle through Batavia Bets, the corporation’s interactive online and telephone wagering platform, was up $53,000 from last year, and that the August handle of $2.2 million was up $755,000 or 53 percent.

Through Sept. 20, Batavia Bets has handled almost $1.4 million, up $757,000 or 119 percent from last year, and year-to-date, the service’s wagering is up almost $2.8 million or 29 percent, Schiano said.

“That’s pretty amazing considering that we were closed for almost two months,” he said. “There were no tracks running anywhere, and when tracks finally starting running, it just picked up. With the closing of the casinos, people have money.”

Schiano said the numbers make him think of how things were several decades ago.

“If horse racing was the only game in town like it was 40 years ago when OTBs were thriving, people will go and bet the horses,” he said. “I wish it would last; I’d love it if the gaming facility and the horse racing was great, but right now, people have the money and they want to bet.”

He mentioned the Kentucky Derby success and predicted similar big numbers for the Preakness on Oct. 3 and the Breeders Cup in November.

“Everyone wants to get through this pandemic, but they still love to bet horses. Sadly, NYS needs to help us out a bit with all the regulations in place really hurt us. But, it’s very nice to see the handle go up,” he said.

In other developments, the board:

• Voted to raise health insurance co-pays for all employees from $15 to $25 and employees’ contribution to their plan to 5 percent. WROTB CEO Henry Wojtaszek said the co-pay change will enable the corporation to get better rates on their plans.
• Established a new position on the gaming floor – cage operations supervisor.
• Approved a contract extension with Upstate Strategic Advisors LLC of Buffalo, a lobbying firm, through Dec. 31, at a rate of $3,500 per month.
• Authorized a five-year contract with the Bonadio Group, a certified public accounting business based in Buffalo, for professional outside auditing services.
• Approved closing the Newark OTB parlor at the end of October due to low betting handle numbers.

Statement from Ed Rath, candidate for the 61st State Senate District:

Having access to reliable internet has never been more important. With most households having individuals working from home and students learning virtually, access to internet is critical. Unfortunately, for many in Upstate and Western New York, access to broadband is extremely limited.

For years now, we have heard about the NYS program, Broadband for All. Hundreds of millions of dollars have been invested in improving infrastructure and working to bring high-speed internet access to every mile of NYS, including those without access or underserved.

Sadly, however, there are still over one hundred thousand NY residents, many, right in our communities, without any wired internet options, let alone high speed. During the 2020 Legislative Session, the Senate and Assembly passed a bill that would require the New York State Public Service Commission conduct a study to evaluate broadband access across the State. It has been two months since the passage of this bill. Last week, in the Erie County Legislature, I sponsored a resolution asking the Governor to sign this crucial piece of legislation. I am hopeful that he will realize how important it is to take a closer look at the availability of internet in our State.

We have many relying on internet to make a living, receive an education, and even buy groceries. It is time that we realize having access to reliable internet is a necessity.

Press release:

• Genesee County received zero new positive cases of COVID-19.
  • Two of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Nine new individuals are on precautionary quarantine due to travel from restricted states.
     
• Orleans County received one new positive case of COVID-19.
  • The new positive case resides in Carlton.
  • The individual is in their 20s.
  • The individual was not on quarantine prior to testing positive.
  • One of the previous positive individuals has recovered and has been released from mandatory isolation
  • Five new individuals are on precautionary quarantine due to travel from restricted states.

Press release:

U.S. Attorney James P. Kennedy Jr. announced today that Julie Keller, 55, of Corfu, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, between 2014 and August 2020, the defendant engaged as a money mule for various internet-based scams, accepting and redirecting thousands of dollars to Africa.

During that time, she had accounts closed by at least five different national and local banks due to suspicious cash, check, money order, and wire activity.

This July 17, the United States Postal Inspection Service (USPIS) received a request for assistance from the Boston, Mass., Police Department. A detective was investigating a report of an individual (C.R.P.), who believed she had been defrauded in relation to a rental property listed on the online classified site, Craigslist.

In June, 2020, C.R.P. replied to an advertisement for an available apartment for rent and, ultimately agreed to rent a property listed on their local Craigslist site. All communication between the supposed landlord and C.R.P. was completed via text message. The supposed landlord instructed C.R.P. to split the deposit for the rental between an electronic payment via an electronic cellular telephone application, or “cash app,” and by money order, using the U.S. Mail.

The supposed landlord instructed C.R.P. to send the money order to Julie Keller in Corfu, who was identified as an accountant. The investigation determined that the address provided by the supposed landlord is a United States Postal Service (USPS) Facility in Corfu and Keller is employed by the USPS as a mail carrier.

After C.R.P. made the down payments as instructed, the person listing the property ceased all contact, and the property was never secured or occupied by C.R.P.

C.R.P. provided a number of screenshots from her cellular telephone, depicting her text communications with the individual who had listed the rental property. Subsequent investigation determined that other individuals sent the defendant down payments for the rental property listed on Craigslist.

A cursory look into Keller's banking history revealed that she had a pattern of suspicious cash, check, money order and wire activity totaling in excess of $150,000 dating back to 2014. Records indicated Keller had been either deceptive or unresponsive when questioned by bank personnel about the nature of her transactions. Her activities included the use of national and local banks, as well as Western Union and MoneyGram.

Keller made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder Jr. and was released on conditions.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston, Mass., Division.

Press release:

Join the Genesee County Master Gardeners as we “Catch the Gardening Bug” this fall. We will be offering a series of noontime, gardening-themed programs via Zoom. If you are looking for garden inspiration and know-how, check out these classes.

• On Oct. 1, join us for Garden Talk "Easy Preserving." Catherine, our CCE Master Food Preserver volunteer, will show us some quick and easy ways to preserve fall bounty from the garden. Catherine will demonstrate how to safely prepare infused-flavored oils and flavored vinegars. She will also demonstrate how to make sauerkraut at home!
• Got dahlias? Not sure what to do with them at the end of the season? Join Master Gardener Brandie on Oct. 15 as we explore “What to do with those dahlias.” Brandie will explain how she manages her dahlia collection. She will cover when to dig them up, how she overwinters her dahlias and how to divide them. Get your dahlia questions answered!
• Oct. 28 finds us exploring “A Witch's Garden” with Master Gardener Connie. Witches were once considered wise women and healers. They used plants they grew or found in their environment to cure ills as well as cast spells. You, too, may have your very own witch's garden -- come explore the folklore and plants of the witch.

This series is free and open to all. Preregistration is required. You can register at our website here. After registering, you will receive a confirmation email containing the link to join the program.

Future topics and other Master Gardener events will be posted on the Cornell Cooperative Extension of Genesee County website and also on our Facebook page. Contact (585) 343-3040, ext. 101, for more information about this or other CCE programs.

Submitted photos and press release:

As part of the Batavia City School District’s adjustments to pandemic protocols, Jackson Primary’s music teacher, Lisa Gilebarto, is a “traveling musician” this year, bringing her cartful of equipment into preschool and first- and second-grade classrooms, rather than having the students come to the music room. 

Her transition to going into classrooms as well as delivering online instruction was boosted by some very practical help from the community. All Jackson students – whether they are following the remote learning or hybrid learning model – received their very own bagful of instruments to use during music class.

While the District’s music department was able to purchase small maracas and tambourines for each student. The gallon-size storage bags, donated by Walmart, also contain drums made from plastic containers donated by individuals and by Batavia First Presbyterian Church.

They also contained rhythm sticks made from dowel rods that were donated by Home Depot, Valu Home Center, and the church. The dowel rods were crafted to the proper size and smoothness by volunteers Bob Alwardt, Dave Paladino, Jane Haggett, and Joyce and Bob Saxer.

Youth group members and adult volunteers from the church spent an afternoon at a local park unpacking the donations onto picnic tables, then assembling all of the music-making packages.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants in the southeast quadrant of the city (south of East Main, east of Jackson Street) tomorrow (Sept. 25) and Monday, Sept. 28th.

Homes and businesses nearby will be affected. These tests may result in temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

This annual testing is essential to maintain the communities class III Insurance Service Office (ISO) public protection classification, and to assure that hydrants are operating efficiently for fire protection purposes. Along with maintaining the fire rating the test monitors the health of the city’s water system, identifies weak areas in the system, removes material that settle in the hydrant and cleans out the lines. Checking each hydrant improves crew knowledge of hydrant locations.

If you have any questions, or should at any time notice a hydrant in need of repair, please contact the fire department at (585) 345-6375.

Welcome home to 32 Porter Ave., Batavia. This home features four bedroom, one bath updates include: Brand new electric this year, roof 2019, hot water 2017, high efficiency furnace 2017. Walking distance to all major amenities in Batavia, including local parks in the neighborhood. 32 Porter is ready for you to move in and add your personal touch! OPEN HOUSE this Sunday 9/27 from 11 a.m. - 12:30 p.m. Call Sunny today (585) 813-2445. Click here for more information on this property.

Press release:

Congressman Chris Jacobs (NY-27) is pleased the House passed three bills designed to improve mental health services for veterans and support homeless veterans: The Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019; the DELIVER Act; and The Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020.

"Western New York is home to thousands of veterans, and I am truly humbled by and grateful for their selfless service to our nation. While COVID-19 has become front and center in our minds and news – many of our veterans are still struggling to access critical services," Jacobs said.

"I was proud the House passed three pieces of critical legislation yesterday to expand access to mental health resources and expand access to resources for homeless veterans. Our veterans served our nation selflessly, and I remain committed to doing everything I can to advance policies that support them."

The Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 would create new grants at the Department of Veterans Affairs (VA) to address veteran suicide and mental health. It would also establish scholarships for educating and training mental health professionals, improve information related to care for women veterans, and improve VA telehealth services.

The DELIVER Act would authorize and expand several programs to support homeless veterans and veterans in need of retraining assistance, particularly aimed at supporting veterans significantly impacted by the COVID-19 pandemic. 

The Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020 would create several new programs related to emergent suicide care, education programs for family members and caregivers of veterans with mental health disorders, and annual training for VA police regarding mental health.

The bill would also create an Interagency Task Force on Outdoor Recreation for Veterans and require several reports for Congress, including an analysis to meet the needs of homeless women veterans.

Press release:

On Wednesday, Oct. 28, residents of the Le Roy Central School District will be asked to participate in a capital project referendum. Two separate capital project propositions will be offered on the ballot for their consideration and vote.

Proposition 1 consists of district-wide building and site improvements focused on safety, asset preservation, and academic program enhancements. Critical needs addressed in this part of the project include exterior building reconstruction, such as masonry repointing, window replacements, roof replacements at the Wolcott Street School, and the Jr.-Sr. High School, and reconstruction of the deteriorating parapet at the Wolcott Street School.

Water accumulation in the Wolcott Street School boiler room and at the Lapp Building would also be addressed, as well as age-related deterioration to various stairways and entryways at both schools. Window film would be applied at both school buildings to enhance student safety and security.

Program enhancements would include gymnasium refinishing and locker room improvements at the Wolcott Street School, plus improvements to the existing soccer field at the Jr.-Sr. High School, including a multipurpose playing surface, lighting, and new bleachers. Both schools would also receive auditorium house lighting upgrades, plus theatrical lighting improvements at the High School.

Proposition 2, which is contingent on approval of the first proposition, incorporates additional improvements to our physical education and athletic programs. A multipurpose playing surface would be added inside the existing track at the Jr.-Sr. High School, along with new stadium field lighting and a pedestrian path leading from the school to the field. This work would put the final touches on our stadium.

Both propositions put forth in this proposed project represent an important continuation of the facilities planning initiatives we began with the R.I.T.E. project.

We encourage you to learn more about the project propositions at the public information meeting on Oct. 14 and to cast your vote on Oct. 28.

The public information meeting on Oct. 14 is in the Jr-Sr High School Auditorium at 7 p.m. and the referendum vote is from 8 a.m. to 8 p.m., Oct. 28 at Wolcott Street School.

Download: Information sheet (pdf).

NOTE: The referendum was originally scheduled to go before voters in May. The video was made for the school district before the coronavirus pandemic struck.

A motor-vehicle accident is reported on Main Street at Ellicott Street, in front of the Post Office.

A woman has a head laceration.

Three children are involved.

A second ambulance is requested to the scene.

City fire and Mercy EMS dispatched.

A passerby on South Lake Road and Townline Road in Bergen reports seeing three youths walking into a cemetery carrying political signs.

The caller is "not sure what they're doing," the dispatcher informed a deputy, who is responding.

Justice Ruth Bader Ginsburg was remembered and celebrated by area residents outside the Old Courthouse in Batavia on Tuesday evening as not only a champion of equal rights for women but for her fervent support for equal rights for all people.

Among the speakers, Millie Tomidy-Pepper, director of the YWCA, who celebrated Ginsburg's legacy as a fierce fighter for equality rights and justice.

"Time and time again," Tomidy-Pepper said, "each one of us here tonight has undeniably reaped the benefits of her actions."

Amy Martoche, a candidate for New York's Supreme Court, called Ginsburg an inspiration and that throughout her career, she's known that each day she goes to work, she is standing on the shoulders of Ginsburg.

"She was small in stature but a giant in every other way," Martoche said. "She had the brains and power to help those of us without power."

Akeem R. Gibson 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 Feb. 29 in the City of Batavia that Gibson 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 fourth degree, a Class C felony. It is alleged in count two that on that day he knowingly possessed one or more preparations, compounds, mixtures or substances with an aggregate weight of 1/8th ounce or more. In count three, Gibson is accused of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor. It is alleged in count three that on that day Gibson drove a 2005 Chrysler on Ellicott Street while his driver's license was suspended by authorities.

Stephen M. Esposito is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on Feb. 7 on Route 98 in the Town of Batavia that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab truck while his ability to do so was impaired by use of a drug and that he operated the vehicle in a manner that caused serious physical injury to a person. In count two, he is accused of driving while ability impaired by drugs, a Class E felony, for driving that day while his ability to do so was impaired by drugs. In Special Information filed by the District Attorney, Esposito is accused of having been convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court and that conviction is within 10 years of crimes alleged in the current indictment.

Patrick O. Spikes is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 24 that Spikes knowingly entered or remained unlawfully in a building in the first block of Porter Avenue in the City of Batavia with intent to commit a crime. In count two, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two that on that day he violated of an order of protection, that he acted with intent to harass, annoy, threaten or alarm the protected person, and subjected that person to physical contact or threatened to do so. In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that on that day, he applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation.

Edward C. Simmons is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Sept. 16, 2019, that Simmons knowingly entered or remained unlawfully in a building with intent to commit a crime. The building was a dwelling in the 2600 block of East Shelby Road in the Town of Oakfield.

Kyle A. Scheuerlein is indicted for the crime of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged that on March 8 in the City of Batavia, Scheuerlein impeded the breathing or blood circulation of another person by applying pressure on that person's throat or neck. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged that on that day, with intent to cause physical injury to a person, that he cause such injury with a dustpan with a long handle. In count three, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that on that day he possessed a dangerous instrument -- a dustpan with long handle -- with intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Scheuerlein is accused of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill.: of: (1.) theft of stolen property with intent to deprive, a Class A misdemeanor, Aug. 2, 2011; (2.) theft -- unauthorized control with intent not exceeding $300, a Class A misdemeanor, Aug. 2, 2011; (3.) burglary, a Class 2 felony, on Aug. 2, 2011; (4.) retail theft, possessing displayed merchandise not exceeding $300, a Class A misdemeanor, Feb. 10, 2012; (5.) theft -- unauthorized control with intent to benefit between $500 and $10,000, a Class 3 felony, Feb. 10, 2012; (6.) consumption of alcohol by any person under age 21, a Class A misdemeanor, Feb. 17, 2012; (7.) retail theft -- possession of displayed merchandise, a Class A misdemeanor, June 25, 2013; (8.) retail theft -- possession of displayed merchandise not exceeding $300, a Class A misdemeanor, on June 25, 2013. These convictions form the basis for count three in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count one that on Nov. 5 in the area of Hutchins Place in the City of Batavia that McGill possessed a dangerous instrument -- a bat, with intent to use it unlawfully against a person. In count two, McGill is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that date he intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a bat. In count three, McGill is accused of criminal possession of a weapon in the third degree. In count three, it is alleged that on April 12 in the same area, he possessed a billy (an expandable baton). In count four, he is accused of the same crime as in count one, for allegedly possessing an electronic stun gun April 12 in the same area. In count five, he is accused of the same crime as count one, for allegedly possessing a billy on May 2 in the same area. In count six, McGill is accused of the same crime as in count one, for allegedly possession a billy in the same area on June 18. In count seven, the defendant is accused of criminal possession of a weapon in the second degree, a Class D felony, for allegedly possessing a billy on June 18, with intent to use it against another person. In count eight, McGill is accused of the same crime as in count one, for allegedly possessing an electronic stun gun June 18 in the same area. In count nine, McGill is accused of a second count of second-degree criminal possession of a weapon, for allegedly possessing an electronic stun gun June 18 in the same area with intent to use it against a person unlawfully. In Special Information filed by the District Attorney, McGill is accused of having been convicted: on Nov. 10, 2008, in Orleans County Court of attempted making a terroristic threat, a Class E felony; on Sept. 7, 2017, in Town of Shelby Court, of third-degree menacing, a Class B misdemeanor; and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a Class B misdemeanor. The convictions form the basis for all counts in the current indictment except count two.

Laura Vazquez Coronado is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on May 13 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was intoxicated. In count two, Coronado is accused of DWI, per se, as a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly knowing at the time that her driver's license was suspended or revoked by authorities and she was driving while allegedly under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Coronado is accused of having been convicted of DWI, as a misdemeanor, on July 25, 2018 in Town of Elba Court, and of the same crime Nov. 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.

Samantha G. Reff is indicted for the crime of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on Dec. 3 on Route 5 and Kelsey Road in the Town of Batavia that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that she did so while a child age 15 or less was a passenger. In count two, Reff is accused of aggravated driving while her ability was impaired by drugs, a Class E felony, and while a second child age 15 or less was a passenger. In count three, Reff is accused of endangering the welfare of a child, a Class a misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, she is accused of the same crime as in count three because a second child less than 17 was involved. In count five, Reff is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly knowingly possessing buprenorphine and naloxone. In count six, she is accused of the same crime as in count six for allegedly knowingly possessing alprazolam.

Derrick R. Kio is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 21 in the Village of Le Roy that Kio intentionally disobeyed or resisted a stay away order of protection. In count two, he is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count two that on that day Kio operated a vehicle in the Village of Le Roy while his driver's license was suspended or revoked by authorities. It is further alleged that at the time, he had three or more suspensions imposed on three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the District Attorney, Kio is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 and that conviction was within five years of the crime alleged in the current indictment.

John M. Tullar is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 3 in the Town of Bergen that Tullar operated a 2010 Ford on Route 33 while he was intoxicated. In count two, Tullar is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In Special Information filed by the District Attorney, Tullar is accused of having been convicted of DWI, as a misdemeanor, on Nov. 23, 2010 in the Town of Ogden Court, Monroe County, and that conviction was within 10 years of the crimes alleged in the current indictment.

Consultant Ed Flynn led a City Centre Feasibility Study open house last night, which was an opportunity for community members to weigh in on the future of the mall.