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As County Manager Jay Gsell and the Legislature work on finalizing the 2017 budget, it's been a bit of a nail-biter for county officials wondering if they would be able to close on the sale of the Nursing Home before Dec. 31.

Without the close, the county would need to include nearly $16 million in expenses and offsetting revenue in the budget.

Back in May, the NYS Health Department approved the certificate of need ("CoN" -- a kind of license) 160-bed care facility, but officials had gotten no word on the other CoN for the 80-bed adult home.

All along, Gsell felt the sale would be finalized before the end of the year, but without final approval, there was no way to count on it.

Yesterday, an executive with the prospective Nursing Home buyer, Premier Health LLC, got a phone call from a state official saying the certificate of need was approved and an official letter should be dropped in the mail today.

"At least now we have a very good sense that this is actually going to happen in the calendar year 2016," Gsell said.

Once the letter is in hand, both sides can start working on the details of closing the sale, including transferring employees and contractors, completing paperwork, and finalizing how to handle accounts receivable, among other details.

That will be a three- or four-week process, Gsell said.

The county will get about $15 million for the nursing home, but after expenses, only about 25 percent of those proceeds will be available for either the general fund or the capital fund.

Gsell was able to share the good news with legislators yesterday during a budget work session.

There were no decisions that came out of yesterday's budget discussion. The legislators have a 292-page, $141 million budget to pore through as they grapple with their options for the tax rate, deficit spending or any big spending cuts that they might make.

Gsell's budget is balanced, but it requires pulling $1 million from reserve funds and reallocating sales tax revenue from future road and bridge repairs to the 2017 general fund.

A $15 million increase in assessed value, of which about $7 million is taxable, for properties in the county, makes the break-even tax rate for the 2016 vs. 2017 tax levy at $9.66 cents per $1,000 of assessed value.

Gsell's budget proposal increases the tax levy by $645,000, the maximum increase under the state's tax cap law.

That would set the 2017 property tax rate from the county at $9.76 per thousand of assessed value, or 10 cents lower than 2016.

The Legislature will consider whether to pass a resolution authorizing them to override the tax cap limit to raise taxes. Because of timing and budget deadline issues, the resolution will need to be passed before they even get to the point of deciding what the tax rate should be.

It's a policy decision for the legislature whether to accept Gsell's budget as proposed, raise taxes to reduce deficit spending, or make significant cuts in non-mandated services, such as parks and law enforcement.

Western Regional Off-Track Betting Corp. officers and directors agreed today that a focus on "employee appreciation" is key to moving the organization in the right direction.

Several directors commented on a "Meet & Greet" session that took place on Wednesday afternoon with rank-and-file workers at Batavia Downs Gaming, applauding management with their efforts to reach out to its employees.

"We got a chance to meet the employees, and we want them to know that we're trying to do the best job possible for the corporation," said Board Chairman Richard Bianchi (Monroe County).

WROTB President Henry F. Wojtaszek said the get-together, along with a new employees' Anniversary Rewards Program, are ways for management "to let employees know that we appreciate their hard work."

The "Meet & Greet" session was "all positive," according to Jim Starkweather, an eight-year employee in the skilled maintenance department.

"I guess it's the new regime -- Henry, Scott Kiedrowski and Mike Nolan -- trying to reach out," Starkweather said afterward in the Paddock Room that has been set up for a Pink Hatters cancer awareness fundraising event this afternoon. "I thought it was all positive and good; promoting a family atmosphere."

Starkweather said he hopes more of these type of communication sessions are scheduled in the future.

The Anniversary Rewards Program, coordinated by Sean Schiano, director of Branch Operations, and Ryan Hasenauer, director of Marketing, offers merchandise, clothing, gift cards, concert tickets and sporting events tickets to employees based on their length of service -- one year, five years, 10 years, 25 years, 30 years and 35 years,

"We're trying to improve morale, and feel that this is a good program with something nice for everybody," Schiano said.

In other developments:

-- Wojtaszek said an accord between WROTB and the Western New York Harness Horsemen's Association will result in the opening of a new six-race paddock prior to the 2018 racing season. The new paddock became necessary when Batavia Downs tore down part of the old paddock to make room for the new hotel.

"We agreed to pick up the cost for some of the things they had (normally) paid for, to hold a holiday party for them and to add a couple of nights of racing," said Wojtaszek, noting that the current season has been extended for at least another week, until Dec. 17 or beyond. 

He said construction on the new paddock will begin after the first of the year.

CLICK HERE for an announcement from the WNYHHA website.

-- The president also gave an update on the Downs' expansion plans, a nearly $4 million Capital Award venture that will add another room on the east side of the Paddock Room for horse bettors, a new banquet room next to Fortune's Restaurant, and enhancements to the 34 Rush club, facility entrance and parking lot. He said he expects approval from the New York State Gaming Commission sometime next month.

-- Directors voted to authorize management to look into the possibility of downsizing the number of OTB branches from the current 24, a move that directors Elliott Winter (Niagara County) and Richard Haberer (Cattaraugus County) voted against.

"There's been a lot of negative discussion about the state of horse racing, but I believe that we need to do what we can to keep it going," Winter said.

-- Comptroller Jacquelyne Leach reported third-quarter earnings of $282,000 and September surcharge distributions of $108,000. Leach said the numbers were down compared to the same time last year because that's when the sale of property to developers of the Hotel at Batavia Downs went through, but otherwise "they were right on target."

-- Bianchi reported that Fred Hamilton, director of food services, submitted his resignation, effective Dec. 31. Hamilton said he is retiring after 11 years to spend more time with his wife and grandchildren.

-- Announced that the ribbon-cutting ceremony of the new hotel is scheduled for 5:30 p.m. next Wednesday (Nov. 2). State and local dignitaries are expected to attend the invitation-only event.

City police are responding to Walnut Street for a property dispute. A caller reports a babysitter is "refusing to return diapers and blankets."

A two-vehicle accident, possibly a head-on collision, is reported at Richmond Avenue and Oak Street. Injuries are reported and it is blocking traffic. City police, Mercy medics and firefighters are on scene.

UPDATE 11:26 a.m.: Richmond Avenue is shut down "up to North Lyon Street from Oak Street."

UPDATE 11:35 a.m.: This was a T-bone accident. One driver is not injured; the other complained of head and neck pain and was transported to the hospital for evaluation.

UPDATE 11:40 a.m.: Two flatbed tow trucks are called to the scene.

UPDATE 11:49 a.m.: The road is reopened.

A convicted sexual predator has been arrested and accused of sexual contact with a child.

Marlek E. Holmes, 42, of Batavia, is being held without bail after being arraigned in County Court on an 11-count grand jury indictment.

The assaults allegedly occurred in the City of Batavia and Village of Le Roy from 2010 to 2015.

He is charged with two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

Holmes has previously been arrested locally on charges of failure to register a change of address as a Level 3 sexual offender and of sending indecent texts to a child.

A resident at 21 Main St. in the Village of Elba reports the larceny of political signs from his front lawn. Sheriff's deputies are responding to the complaint.

The smell of something electrical burning greeted an employee upon opening the Dollar General Store on East Main Street in Batavia a few minutes ago. The worker called dispatch and city firefighters just arrived and are investigating.

UPDATE 8:54 a.m.: Command reports no sign of smoke or fire; investigation is continuing.

Watch for slick roads and sidewalks early this morning because of a bit of snow that may fall over the area, according to the National Weather Service.

The surfaces of bridges and overpasses are more likely to acquire temperatures closer to freezing, so are more likely to be slick.

The snow will change to sleet and then rain over the course of the morning.

Heather Ace was hanging out at a friend's house drinking Four Loko* the night of May 20 when her mother tried to call her and tell her that her house on Bank Street Road was on fire, according to a statement Ace gave to investigators.

When Ace didn't answer the phone, her mother sent her a text message, according to a statement by Tracy Ace, that read, "Answer your f---ing phone."

Heather answered on the next ring.

According to Heather's friend, Ashki Zajaczkowski, Heather dropped the phone and started screaming.

Zajaczkowski drove Heather to 8157 State Street Road, Batavia, where she lived with her three boys, including two fraternal twins, Micah and Michael Gard, and before Zajaczkowski would even stop the car, Heather was running from the car hysterically. 

The evening wasn't supposed to go as it did, according to the statements. Heather Ace was planning to go to the movies with Zajaczkowski and other friends, but as afternoon turned to evening, nobody really felt like heading out of town.

Ace put her two children to bed sometime between 8 and 8:30 p.m. and then headed over to a friend's house. She smoked some weed and then went to the Speedway and bought a can of Four Loko and some water before heading over to Zajaczkowski's house.

The two boys were locked in their room, with a lock on the kitchen side of the door put in place after the boys wandered out of the house over to the neighboring house, the residence of their grandparents.

When firefighters arrived that night, they also found the door leading into the apartment kitchen locked. Heather Ace said in her statement, she didn't know how the door became locked. She said she didn't lock it before leaving the house. Tracy Ace said it wasn't Heather's practice to lock the door because her husband needed access to the basement, where he stored his tools.

The cause of the fire has never been determined.

Micah and Michael died in the fire and Heather Ace has been charged with endangering the welfare of a child.

She appeared in Town of Batavia Court yesterday and entered a not guilty plea.

She is represented by public defender Jerry Ader, who said yesterday he had not yet had a chance to discuss the case with his client.

Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.

*Four Loko is a flavored, malted alcoholic beverage.

Cassandra Blake was jailed today on $250 bail or $500 bond for her alleged role in taking a labradoodle from the kennel where she worked, posting an ad for it on Craigslist under the alias Amy Fairview and then selling the dog, which was actually a family pet belonging to somebody else.

Sources told our news partner 13WHAM that Blake has been known to sell pets on Craigslist recently.

In 2014, Blake was indicted in Genesee County on a grand larceny charge. Blake was accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion.

That charge led to Blake being placed on probation, and that probation was later transferred to Monroe County.

Press release:

The Genesee County Office for the Aging is proud to partner with the Rochester Gay Alliance SAGE (Services and Advocacy for GLBT Elders) program to bring an event to our County!

The Traveling LGBTQ Potluck & Program will be held from 4 to 7 p.m. on Saturday, Nov. 12, at St. Paul's Episcopal Church, located at 6188 Main Road in Stafford.

Meet! Greet! Eat!

All are welcome. Meet news friends.

Featured program is "Gay Pioneers."

Bring a dish to pass.

Also, Rochester Gay Alliance SAGE is looking to connect with LGBTQ veterans and people who served in the military regardless of discharge status.

Learn more about what SAGE Vets & ROC Vets can do for you!

Contact: Kimberly.Perl@co.genesee.ny.us

Press release from the city Department of Public Works:

The City of Batavia is pleased to announce that Ryan Toal, Anthony Cellino, Robert Marvin and Erich Postler have passed the necessary exam and successfully met the requirements to become licensed plumbers in the City of Batavia.

Press release:

Over the past 10 years, nearly 35 outstanding graduates of Genesee Community College have been inducted into GCC's Alumni Hall of Fame. The College Foundation knows there are many more outstanding graduates who've made a lasting impact on their communities and invites nominations for the 2017 Alumni Hall of Fame. Submissions are due by Dec. 31.

Candidates nominated for the Alumni Hall of Fame should be individuals who've contributed significantly to their profession and have provided distinguished service to the community and/or service to Genesee Community College. Nominees must have completed their GCC degree at least ten years prior to nomination. Past inductees have represented a wide variety of career fields, from law enforcement to economic development.

Nominations may be submitted by the nominee or by friends, family, work associates or other colleagues who are familiar with the nominee. Nomination forms can be downloaded from GCC's alumni website www.genesee.edu/alumni/HallofFame/ and emailed or sent to the College's Alumni office.

A selection committee will choose honorees. New inductees will be honored at a reception in March 2017, and their photo and a short biography will be featured on a plaque displayed in the Alumni Hall of Fame, located on the second floor of the Conable Technology Building. 

"I am just beginning to appreciate the many amazing accomplishments of GCC alumni both within our local community and beyond," said Jennifer Zambito, the new assistant director of GCC's Alumni Affairs Office. "I am excited to meet, greet and promote so many kind and generous members of the GCC Cougar family.

For the full list of previously inducted Alumni Hall of Fame members please visit http://www.genesee.edu/offices/alumni/hall-of-fame/. 

For more information, contact Jennifer Zambito, assistant director of GCC's Alumni Affairs at (585) 343-0055 ext. 6265 or jmzambito@genesee.edu.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office and the City of Batavia Police Department will participate in a special enforcement effort to crackdown on impaired driving.

Halloween is meant to be scary, but not when it comes to driving. When it comes to drunk driving Halloween can turn the roads into a horror fest. While we spend time trick-or-treating and hosting parties with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Crackdown efforts start on Oct. 28^th and will end on Oct. 31^st. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.

“Fall can be a tricky time of year to drive: driving in the rain at night, slippery leaves on the road surface, and lighting conditions, in general, all add to the challenges of fall driving,” said Genesee County Undersheriff William Sheron. “Halloween parties, football games and other social gatherings can include the consumption of alcoholic beverages. "We will have extra patrols out during the Halloween season. Plan ahead. If you’re going to drink, make sure you have a safe ride home.”

According to the National Highway Traffic Safety Administration Halloween is a particularly deadly night due to drunk drivers. In 2015, over half (52 percent) of all highway fatalities across the nation on Halloween night (6 p.m. Oct. 31 to 5:59 a.m. Nov. 1) involved a driver or a motorcycle rider with a BAC of .08 or higher.

The STOP-DWI Halloween Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target Thanksgiving and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Halloween Weekend!

During today's annual meeting of the Chamber of Commerce at Rochester Club West @ Bohn's, Chamber President Tom Turnbull recapped what has been a successful and active year for the local business group.

Turnbull ran through a long list of the Chamber's activities and accomplishments.

The chamber hosted its annual awards, a home show and several business workshops, including ones on public speaking, drugs in the workplace and tax tips. The chamber, of course, attended many ribbon cuttings for new and expanding businesses. The chamber was active in pursuing public policy issues at the local and state level. It administered a small business loan program, hosted business after-hours events, and a trip to China. 

The hot and dry summer was good for tourism, but with the monetary exchange rate weakening with Canada, there were fewer Canadian visitors to the region this year, which looks like it will translate into a 4-percent decline in tourism revenue.

Still, hotels took in about $14.5 million, which translates into about $150 million in local economic impact.

The tourism agency fostered several group visits, including youth baseball tournaments, soccer events, car clubs and even a Winnebago rally at a local RV park.

There were 15,000 visitors to the county, and 1,500 room nights booked.

Turnbull said the chamber is excited to see the new hotel at Batavia Downs open, with a ribbon cutting at 5:30 p.m., Nov. 2.

The chamber will have its own grand opening to look forward to in January at its new office building on Park Road, but staff will start moving into the new facility this week.

"We'll have a have a ribbon cutting, of course," Turnbull quipped. "We're a chamber."

The new board of directors was also introduced:

Chris Suozzi, chairman, from the Genesee County Economic Development Center
Immediate Past Chair: Hiedi Librock, Town of Batavia

The directors are:
Steven Beardsley – Tompkins Bank Of Castile 
Mary Blevins – ESL Federal Credit Union
Tim Call – Empire Tractor
Jeff Cook – Liberty Pumps
Keith Conway – Z&M, Ag and Turf
Jonathan Mager – Arctic Refrigeration Co. of Batavia
Michael Nolan – Batavia Downs Gaming
Chan Patel – Quality Inn & Suites 
Michael R Rivers – Rybak, Metzler & Grasso PLLC
Danielle Rontondo – Terry Hills Golf Course & Banquet Facility
Joseph Teresi – Tompkins Insurance Agencies Inc.
Chris Thorpe – Darien Lake Theme Park
Eric Wies – Clark Patterson Lee
Jennifer Zambito – Genesee Community College Foundation
Robert Bausch – Genesee County Legislative Liaison

This information is provided by the Genesee County Chapter of  ABATE -- American Bikers Aimed Toward Education

It's almost "Baggerween"! Instead of going house to house, get candy by going from motorcycle saddlebag to motorcycle saddlebag.

Bring your kids down to a safe well-lit place place to "trick-or-treat" from 6 to 8 p.m. on Satruday, Oct. 29, in the public parking lot behind Ken's Charcoal Pits, located at 59 Main St. in Downtown Batavia.

All motorcycles are welcome as long as the riders bring candy for the kids. Load up your ride and come on down!

Anyone who would like to serve as a Bagger to help create a fun night for local children is welcome help bag candy.

For info, please e-mail Jason:    roadcaptain110@gmail.com

Happy Halloween!

Cynthia May Mack, 49, of Pearl Street Road, Batavia, is charged with harassment and false personation. Following the investigation into a domestic incident at 10:07 a.m. on Oct. 21 on East Main Road, Le Roy, Mack was arrested after allegedly punching an individual in the face while in presence of law enforcment, and she allegedly provided them with a false name. She was put in jail and is due in Le Roy Town Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

Danielle Marie Stewart, 18, of East Main Road, Stafford, is charged with unlawful possession of marijuana. Following the investigation at 12:23 a.m. on Oct. 25 into a suspicious condition in a parking lot on Main Road in the Town of Stafford, Stewart was allegedly found to be in possession of marijuana. She was issued an appearance ticket and is due in Town of Stafford Court on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Press release:

Community Action of Orleans & Genesee is accepting winter coats, hats, mittens and scarves for the upcoming winter season! Please donate only items that are clean and in good (gently used), or new condition.  

We are accepting ALL SIZES for men, women and children!

A tax deductible receipt is available upon request.

Please drop off donations at: 5073 Clinton Street Road, Batavia.

Community Action of Orleans & Genesee Inc. is a nonprofit human service agency committed to serving the needs of the financially disadvantaged. Our mission is to serve others with dignity and respect, that help people become self-sufficient. 

All donations are given away free of charge to those in need.