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Batavia Track wins back to back sectional titles

By Steve Ognibene

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Batavia High School Indoor Track Team won the boys and girls Section V -- Class C Titles last night at Rochester Institute of Technology, Rochester.

This makes 31 sectional titles for the batavia track team and back-to-back indoor titles in the last two years.

Seniors Anthony Ray won both shot put and weight throw. Eric Davis won the 55 hurdles, Kiaya Franklin won the 300 and took third in the 600m. Kaitlin Ange took third in weight throw.

Juniors Emily Caccamise won the 1500m race walk, Briana Bromley won the 3000meters. Evan Bartz came in third in weight throw. Elizabeth Cohen took second in the pole vault and third in the 55 hurdles. Jalesa Smith took third in the long jump.

For more results click here: http://live.yentiming.com/#/results/meet/364

Photos submitted by Donna Tourville-Kabel.

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Historian, author of book on Upton, speaks in Batavia

By Howard B. Owens

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David Fitzpatrick, the author of "Emory Upton: Misunderstood Reformer," spoke about his book and what he learned about the Civil War officer who was born and raised in Batavia while researching and writing the book.

At 10 a.m., Fitzpatrick will participate in a panel discussion with local historians at Genesee Community College in the Conable Technology Building, room T119.

Previously: New book corrects the record on Emory Upton's attitude toward the military and the Republic

Truck accident reported on Route 20 in Darien, wires down

By Howard B. Owens

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A motor-vehicle accident is reported in the area of 1964 Broadway, Darien.

There are wires down with reports of power outages in the area.

A semi-truck and possibly a pickup truck are involved.

Unknown injuries.

A first responder on scene says the pole is sheared off and traffic lights are down.

Traffic is being shut down.

UPDATE 2:15 a.m.: It's a single pickup accident. The tractor-trailer clipped the lines as it was coming through, according to a law enforcement officer on scene.

UPDATE 2:20 a.m.: A fire hydrant was also sheared off. An area stone quarry delivering crushed rock needs to be notified that its trucks will need to find an alternate route for the time being due to the train derailment in Attica.

UPDATE 2:27 a.m.: DOT being notified that Route 20 will be closed for a few hours.

UPDATE 2:46 a.m.: There's a broken pole on Route 238 with a transformer on it. National Grid reports fewer than five customers affected by the power outage.

UPDATE 3 a.m.: Darien ambulance is transporting a patient to UMMC ECMC.

UPDATE 8:42 a.m.: Fire services went back in service about 6 a.m. Route 20 remains closed. Roadblocks now covered by deputies.

UPDATE 8:52 a.m.: Route 20 is reopened.

UPDATE: Carter S. Dale, of Attica, has been identified by the Sheriff's Office as the driver of the pickup truck. He has been charged with DWI, moving from lane unsafely and not wearing a seatbelt. According to the Sheriff's Office, Carter was driving a Ford F-250 that went off the north shoulder of the roadway and struck a utility pole, street light pole, and a street sign, before coming to rest. A tractor-trailer traveling through the area at the time snagged low-hanging wires. The accident was investigated by Deputy Ryan Young, Sgt. John Baiocco, and Deputy Jeremy McClellan. Assisting with the scene were Darien fire and Alexander fire, the State Police, National Grid, Monroe County Water Authority, DOT and gas and cable companies. 

Reader submitted photo.

East Pembroke Fire District to hold workshop Feb. 21 on insurance coverage for 2018

By Billie Owens

Press release:

Please take notice that a Workshop meeting will be conducted by the East Pembroke Fire District to be held on Wednesday, Feb. 21, between the hours of 7 and 9 p.m.

It will be held at the East Pembroke District Hall, located at 8655 Barrett Drive, Batavia.

Purpose of the meeting is review of quotes submitted for district insurance coverage for the FY-18.

By Order of the East Pembroke Fire District

William R. Joyce, Secretary

Mark Your Calendar: BHS Production Club to perform musical fairytale 'Into the Woods' March 2-4

By Billie Owens

Information from Music Theatre International and Batavia High School:

"Into the Woods" is an epic fairytale about wishes, family and the choices we make. It will be performed by the Batavia High School Production Club next month.

Book author James Lapine and Stephen Sondheim, who wrote the music and lyrics, take favorite storybook characters created by The Brothers Grimm and bring them together for a timeless, yet relevant, piece...and a rare modern classic. The Tony Award-winning book and score are both enchanting and touching.

The story follows a Baker and his wife, who wish to have a child; Cinderella, who wishes to attend the King's Festival; and Jack, who wishes his cow would give milk. When the Baker and his wife learn that they cannot have a child because of a Witch's curse, the two set off on a journey to break the curse. Everyone's wish is granted, but the consequences of their actions return to haunt them later with disastrous results.

One of Sondheim's most popular works, "Into the Woods" is a musically sophisticated show with the opportunity to feature actors adept at dark comedy. Designers will especially enjoy highlighting the fantastical elements of this magical word.

The production was originally directed on Broadway by author Lapine and Jonathan Tunick created the orchestrations.

The BHS performances are 7:30 p.m. Friday, March 2 and Saturday, March 3, with a matinee performance at 2 p.m. on Sunday, March 4.

Tickets at the door are $10 for adults; $8 for students and seniors. Presale tickets are $8 for adults and $6 students and seniors. They are available at the high school's main office, 260 State St. in the City of Batavia.

Registration day tomorrow at Dick's Sporting Goods for second season of Batavia Girls Fastpitch Softball

By Billie Owens

Press release:

After a successful inaugural season in 2017, Batavia Girls Fastpitch Softball, also known as the Batavia Stingers, is excited to announce that they will be hosting a registration day from 10 a.m. to 2 p.m. Saturday, Feb. 17, at Dick's Sporting Goods in Batavia.

The store is located in the Towne Center at Batavia mall on Veterans Memorial Drive.

Sign-ups will be for teams in the 10u, 12u and 15u divisions. (Sign-ups will be held alongside those for Batavia Minor League Baseball.)

Registration is open to girls who live in the City or Town of Batavia or who attend school in Batavia.

Board members and coaches will be present to answer questions. The registration fee of $75 is not due until April 1.

The 10u and 12u teams begin practice in April, with games beginning in May. The 15u season will begin in June and games will be held from July to the beginning of August.

If you are unable to attend this registration event, please email bataviagfs@gmail.com or visit the league's Facebook page (Batavia Girls Fastpitch Softball) in order to download a registration form.

Batavia Girls Fastpitch Softball welcomes players of all skill levels, including those who are new to the sport.

If you have any questions, please feel free to contact Coach Stan Kaus at 370-9861.

Coach Stan Kaus

Batavia Girls Fastpitch Softball

P.O. Box 209

Batavia NY 14020

Marlek Holmes back in court today after appearing to back out of sentencing deal

By Howard B. Owens

A deal that capped the prison term for Marlek Holmes at 25 years and saved the county the expense of another trial almost came apart after Holmes appeared to renege on the agreement.

As part of the deal, Holmes had to agree to drop an appeal related to his conviction on sexual assault, and everybody -- District Attorney Lawrence Friedman, Defense Attorney Fred Rarick, appeals attorney Timothy Murphy, and Holmes himself -- all signed the document Murphy was supposed to send to the appeals court informing the justices that the appeal was dropped.

Then Holmes wrote Murphy and said he changed his mind.

Today, Holmes was transported from Auburn, where he is serving his sentence, to Batavia, and after meeting with Rarick and Murphy for 30 minutes, agreed to stick by his original agreement to drop the appeal.

Friedman said he wanted to make clear on the record, however, that there is little to prevent Holmes from just changing his mind again later, and creating an endless loop of back-and-forth over the case.

If Holmes does back out of the deal again, Friedman said as far as he's concerned, there won't be a second chance. He will make motions to proceed with a trial on the charges against Holmes that he failed to register a change of address as a convicted sex offender in 2016. He would also want to proceed with a hearing on whether Holmes is a persistent violent felony offender, which would expose Holmes to a potentially harsher prison sentence on his conviction of assault on fellow inmates at the Genesee County Jail.

Zambito indicated he would be inclined to entertain those motions if Holmes again changed his mind.

Teen from Basom sent to prison for threatening deputies and others

By Howard B. Owens

In determining how to sentence 17-year-old Isaac Abrams of Basom, Judge Charles Zambito said there conflicting viewpoints to consider.

As a 17-year-old, in a couple of years under recent reforms in New York criminal law, Abrams would perhaps be considered a juvenile and wouldn't even appear in County Court and would be presumed to be not responsible for his actions. 

However, Abrams admitted to serious offenses that could have led to the loss of life and in just five short months has established a pattern of repeated offenses and disregard for authority.

Zambito said he's concerned about the direction Abrams seems to have chosen for his life recently.

In December, Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony. The charges stem from incidents where he threatened to kill Sheriff's deputies during a confrontation on the Tonawanda Indian Reservation and appeared to try and run over pedestrians at a fast food restaurant in Batavia.

"I understand you have a child and that is important to you," Zambito said. "But if you continue on this path, you won't see your child again, if you even survive."

Zambito sentenced Abrams to one-and-a-third to four years in prison followed by parole until he's 21.

Abrams was granted youthful offender status, which will expunge his record once he's an adult if he stays out trouble. 

He said the sentence, he felt, balanced protecting the community, serving justice, and won't prevent Abrams from living life as a productive member of society once he's out of the criminal justice system.

First Assistant District Attorney Melissa Cianfrini argued against granting Abrams Y.O. status. She said he has engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," Cianfrini said. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Defense Attorney Vanessa Guite suggested that Zambito take into account his age and the fact that before this rash of incidents started, he had no criminal charges in his life.

"To a certain degree his actions are the result of immaturity and the role alcohol played in his conduct," Guite said. "His criminal history started only five months ago. There are many people with worse histories walking the streets right now."

She said from her viewpoint, the prosecution was trying to make Abrams out as the worst criminal in history, which she said she understood was the prosecution's job, and she suggested that Cianfrini overstated the weight Zambito should give to the RUS violations.

"Their recommendation is for substantial prison time for what amounts to using marijuana and staying out late," Guite said.

After Guite's remarks to Zambito, Abrams had his turn to make a statement on his behalf. After a whispered exchange with his attorney, Abrams said, "I'm sorry for my actions."

Civilian response training in active shooter situations is focus of event Saturday at St. Paul's church in Batavia

By Billie Owens

Batavia's St. Paul Lutheran Church will cap off a week that has focused the nation's attention once again on the tragedy of mass shootings by hosting a special countywide training event tomorrow at its Washington Avenue church.

The Genesee County Sheriff's Office was invited to present training in CRASE -- Civilian Response to Active Shooter Events. Starting at 10 a.m. Saturday, congregation leaders will learn how to prepare and respond to an active shooter situation, should one occur at their respective houses of worship.

St. Paul Pastor Allen Werk, who has also served as the Sheriff's Office chaplain for about five years, attended national training in order to return to his community and in turn help train others. It is useful for schools, congregations and businesses alike -- open places that may be easily accessed by someone intending to harm people.

"This training affords congregation leaders the opportunity to come together to talk about ideas they may want to implement in their own churches should the unthinkable occur," Werk said in a press release. "We pray this will help all our churches be better prepared if the inconceivable happens."

CRASE Training addresses individual responses as well as group preparations. It has been developed in partnership with Texas State University and is funded in part by the U.S. Department of Justice.

Werk says the cornerstones are ADD -- Avoid / Deny / Defend. Participants are taught to quickly recognize a threat and to take evasive action by getting away swiftly or rapidly taking steps to deny access to a shooter, then defending lives in any way necessary.

"The training teaches you what happens, what to expect in an active shooter situation," Werk said, adding that it is beneficial in getting larger groups to think about this, to be aware of the potential, and what steps to take in response.

For example, the leaders of a congregation may want to limit access to worship services to one or two entryways, effectively funneling the foot traffic. They may consider the benefit of having greeters and ushers who are trained to keep an eye on who's coming and going in the building throughout the service; noticing and greeting a person -- a signal they have been seen -- in itself could be a deterrent in some cases, the pastor noted.

Taking cues from how others are responding in a public space is important.

"If you see something that could be a danger -- step up -- make the congregation aware, help provide safety," Werk said.

Asked if certain individuals should be armed, like a security detail, to counter an active shooter, Werk said that is not part of CRASE Training; and although it's widely argued that "a good guy with a gun" is what you want to have when a bad guy is wielding a firearm, Werk said that is something the organization itself must decide.

"We are pleased to assist Pastor Werk in educating congregation leaders on the appropriate actions to take should an active shooter situation arise," said Sheriff William A. Sheron Jr. in a press release.

Our news partner WBTA contributed to this story.

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By Lisa Ace


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Home has public water as well -- all the pluses of country living with amenities! Definitely one to check out -- why build when you can buy this beautiful home at almost half the cost!

Call Lynn Bezon at 585-344-HOME today or click here for more information on this listing.

Democratic leaders endorse Nate McMurray to run for Collins' seat

By Billie Owens

Submitted photo and press release:

Turn 27 Blue proudly endorses Nate McMurray for Congress. For the first time in a generation, Democratic leaders, who normally endorse, have joined ranks with grassroots activists to make a strong endorsement in this year’s congressional race. We believe that McMurray has what it takes to represent the people of Western New York. His impassioned and energizing campaign is already gathering the momentum and support it needs to win in November.

McMurray is an experienced businessman, dedicated public servant, and Western New York native, who believes that families should have access to quality healthcare and education, that full-time work should come with a decent paycheck, and that elected representatives should represent their constituents, not their donors.

Turn 27 Blue brings together voices from the county Democratic chairs and from many of the district’s dedicated activist groups. We endorse McMurray because of his demonstrated ability to work across the aisle as Town Supervisor of deep red Grand Island (NY) and his dedication to improving the lives of hardworking Americans.

“I’m honored to receive the endorsement of this group of county Democratic Chairs and grassroots leaders. I’m confident we are going to turn the 27th District blue, and I’m eager to take this fight to Chris Collins,” McMurray said, in response to the news.

Michelle Johnston Schoeneman, a resistance leader in the 27th and member of Turn 27 Blue, said “we were incredibly impressed with Nate’s passion for Western New York, his platform for bringing jobs and prosperity to the area, and his ability to persuade people who have never voted for a Democrat that he’s the person for the job.”

Over the past several months, Turn 27 Blue has hosted public forums, meetings, and interviews with the several talented and dedicated individuals running.

“From the start, our goal was simple: identify the best candidate to beat Chris Collins,” said Judith Hunter, chair of the Livingston County Democratic Committee, “and create the best possible conditions for victory in November. Each of the five announced candidates has something to offer, and we are grateful that they volunteered to serve. We are extremely proud to conclude our process by supporting Nate McMurray for the Democratic nomination.”

As the candidates traversed the 27th and met residents from every county in the district, one thing was clear: “from the pending ethics investigation against him to his decision to ignore his district in favor of his wealthy donors, people were fed up with Chris Collins and his cronies," said Jeremy Zellner, chair of the Erie County Democratic Committee.

Supporters of McMurray say Collins’s arrogant disregard for his constituents and his support for extreme policies that directly hurt New Yorkers has remade NY-27 into a competitive district.

Jamie Romeo, chair of the Monroe County Democratic Committee added, “we urge everyone who cares more about Western New York’s economy than tax cuts for the rich, who cares more about affordable healthcare for our families than favors for donors, and who cares more about a true representative of the people than a talking head who rushes onto cable news to talk about anything but the needs of his constituents, to support Nate McMurray for Congress.”

GCC hires new assistant dean of Admissions and Recruitment

By Billie Owens

Submitted photo and press release:

Genesee Community College is pleased to announce the appointment of Lindsay A. Gerhardt as the new assistant dean of Admissions and Recruitment.

Gerhardt will be responsible for the administration of college admissions and recruitment efforts, overseeing a team of recruitment specialists who travel extensively across the Genesee, Livingston, Orleans and Wyoming County region, as well as to Rochester, Buffalo, Syracuse, New York City area, and occasionally internationally. 

Gerhardt comes to GCC after 11 years of service at SUNY Geneseo in progressively more demanding admissions roles, culminating as the associate director. She served on numerous committees at Geneseo, among them: President's Commission on Diversity and Community; Enrollment Marketing Strategy Team, Equity Scorecard; and the Scholarship Committee. She also worked Alfred University as an admissions counselor, where she was recognized as the #1 Recruiter in 2005-2006.

"Lindsay is a solid addition to our already fantastic Admissions and Recruitment team," said Virginia (Ginny) Taylor, Ph.D., vice president of Student and Enrollment Services. "Her professional experience and obvious dedication to student success aligns perfectly with our student success coaching model and with GCC's student-centered philosophy to higher education."

Gerhardt first cultivated her love of education during her four years as a teacher in Rochester. Since 2007, she has been very involved in the New York State Transfer and Articulation Association -- a nonprofit professional organization dedicated to the promotion and mobility of transfer students in higher education. She has served as a member of the NYSTAA executive board, newsletter committee and annual conference co-chair. In 2014, she received the New York State Transfer and Articulation Association Distinguished Service Award.

Gerhardt earned her M.S. Ed. in Literary Education from Nazareth College of Rochester in 2006, and her Bachelor of Arts in Education from Mercyhurst University in 2002. A Rochester native, Gerhardt currently resides in North Chili with her family.

Hawley proposes safeguard against hasty passage of controversial legislation

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) proposed a measure on the Assembly floor this week that would require a two-thirds vote of the house for Messages of Necessity to be accepted when issued by the governor.

“Too often, controversial measures are rushed through the legislative process in the middle of the night without adhering to the constitutionally-mandated, three-day ‘aging’ process,” Hawley said. “This is the people’s government and they have a right to know what bills are being passed with a high level of transparency.”

Legislation is usually subject to an “aging” period of three days before it can be voted on. However, Messages of Necessity are issued by the governor to forgo this process and rush a vote on important and/or controversial legislation, as was done with the SAFE Act.

“Messages of Necessity rob the public of the right to know what’s in a bill as was the case when the unconstitutional SAFE Act was rammed through the Legislature leaving many lawmakers no time to actually read the legislation that was to be voted upon,” Hawley continued.

“I am disappointed that this and over a dozen other common-sense ethics reforms were voted down by New York City Democrats. Our citizens deserve better.”

Assemblyman Hawley represents the 139th District, which consists of Genesee, Orleans and parts of Monroe County. For more information, please visit Assemblyman Hawley’s Official Website.

Contractor who failed to build fence for Batavia customer given intermittent jail term

By Howard B. Owens

An Erie County construction worker will spend weekends in the Genesee County Jail for the next four months, starting tonight, for defrauding a Batavia resident on a contracting job.

Matthew B. Hardesty, 24, of Blasdell, was originally charged with fourth-degree grand larceny. He was allowed to plead guilty to a misdemeanor charge after paying restitution to the victim, who hired him to construct a fence at his residence on Narramore Drive.

According to court proceedings this morning, Hardesty is facing a similar complaint in Buffalo.

Before sentencing, Hardesty apologized for his actions and said it was the result of being a young and inexperienced businessman; that he had taken on a contract that was too big and had a payout too far in advance, and rather than notify customers of his difficulties, he didn't respond to their complaints.

After becoming embroiled in financial difficulties, Hardesty gave up his contracting business and went to work for another construction contractor.

District Attorney Lawrence Friedman rarely responds to the statements defendants make at their sentencing, but this morning he stood up and said he was going to make a rare response.

"He's a scam artist," Friedman said. "He's trying to con the court now."  

Friedman said Hardesty already got a substantial break on his potential sentence by being allowed to plead guilty to a misdemeanor and didn't deserve any further consideration because he was clearly trying to scam people.

Judge Charles Zambito agreed. He said considering the length that his victim had to go to in order to get his money back indicates Hardesty was trying to evade paying back the money. It was only after he was facing potential jail time that he made restitution.

"The message needs to be clear to the public that you can't do this kind of thing here," Zambito said. "When you start a business, you take on a responsibility. You take on a burden. You can't take people's hard-earned money and just walk away with it."

Grand Jury: Woman accused of using stolen credit card at Rite Aid in Attica

By Billie Owens

Leah R. Wimmer is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 17 at the Rite Aid store on Prospect Avenue in the Village of Attica, Genesee County, that she knowingly possessed stolen property -- a Visa debit card belonging to another person. In count two, she is accused of second-degree forgery, a Class D felony. It is alleged in count two that Wimmer falsely signed two debit/credit card receipts in the name of the victim, one for $186.95 and another for $105.95.

Beau T. Bressler is indicted for the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. It is alleged that on Oct. 29 in the Town of Le Roy that Bressler drove a 2006 Pontiac on West Main Street (Route 5) while his ability to do so was impaired by the combined influence of drugs or  of alcohol and any drug or drugs. In count two, the defendant is accused of circumvention of an interlock device, a Class A misdemeanor. It is alleged in count two that on Oct. 29, while subject to a court-ordered ignition interlock device, Bressler drove the Pontiac, which was not equipped with an ignition interlock device. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing or having reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count three that Bressler was operating the vehicle while under the influence of alcohol or a drug at the time.

Unique ceramic art and post-impressionist paintings on display in new exhibits at GO Art!

By Howard B. Owens

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Two art shows opened at GO ART! on Thursday night -- "Where Do I Go From Here?" a ceramics exhibit by Shirley Nigro, and "The Kite Boy,"  an acrylic exhibit by Alex Segovia.

Nigro is the owner of Fire Up Ceramics on Ellicott Street in Batavia. 

Her ceramic work is nothing like most people might associate with the word -- figurines and knickknacks to scatter around the home. Her work is complex and imaginative but still leaning heavily on realism.

The exhibit is a good demonstration of how ceramics can be used to create art.

Segovia is originally from El Salvador and now resides in Avon. He started painting three years ago after watching a documentary about Vincent Van Gogh. His work reflects that post-impressionistic style, though he says he's moving more toward abstract expressionism. The bright colors recall Henri Matisse or fauvism.

Both shows run through April 7. 

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Photos: Section V Hockey Canandaigua 5, Batavia Notre Dame 2

By Steve Ognibene

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Canandaigua’s Evan Best scored late in the third period to break a 1-1 tie as Canandaigua defeated Batavia Notre Dame 5-2.

First period Ethan Hutchins scored first for the Irish assist from brother Max Hutchins. Minutes later the Knights' Sam Burley got a pass from Carter McWilliams to tie the game. 

The 1-1 score remained through the second and near the end of the third period. Both teams were evenly matched through the entire contest, had opportunities and came down to either a penalty or player out of position.   

Notre Dame’s Coach Marc Staley was very proud of his players and team this season and is looking forward to next year.

Canandaigua improves to 13-7-1. Batavia Notre Dame ends the season 12-8-1.

For more photos click here.

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GCASA Foundation to award a pair of $1,000 scholarships

By Mike Pettinella

Press release:

Genesee/Orleans Council on Alcoholism and Substance Abuse Foundation will award two $1,000 scholarships, one to a Genesee County student and one to an Orleans County student. 

GCASA Foundation supports the work of GCASA and other nonprofit organizations in Genesee and Orleans counties. Several organizations have received mini-grants to help sustain the crucial work they do in our community.

Now, individuals pursuing a degree in health sciences or human services can apply for scholarship money that will help them pay for college.

The board of directors of both GCASA and GCASA Foundation are committed to providing quality services. Educated, skilled employees and board members are the necessary for effective service delivery.

GCASA Foundation Board President Brian Paris states, “GCASA is excited to once again be providing scholarship funding to Genesee and Orleans County residents. We are dedicated to supporting our mission and this creates a strong alignment in this regard. It is our goal to produce positive community change and we understand this begins with the commitment and education of future generations.”

Individuals whose primary residence is in Orleans or Genesee County and who have been accepted at an accredited college in an eligible program such as social work, nursing, health science or human services are encouraged to apply. 

Scholarship criteria and applications are available in high school counseling offices throughout both counties and online by visiting www.gcasa.net.

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