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Jackson School hosts 'Camp Read-A-Lot'

By Howard B. Owens

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Top photo, Officer Peter Flanigan, Batavia PD, reads to students at Jackson School during the school's annual parents' night reading program last night, this year dubbed "Camp Read-A-Lot." The evening featured community members reading to students, games, activities and a campout with camp music in the school's gymnasium.

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Ranzenhofer joins budget subcommittees for education, transportation

By Howard B. Owens

Press release:

New York State Senator Michael H. Ranzenhofer has been appointed to two joint budget subcommittees: Education and Transportation. Subcommittees, composed of both members of the State Senate and State Assembly, will work this week to finalize the details of the 2017-18 State Budget.

“The Senate’s one-house budget makes a record level of investment in education, while committing more funding to repair local roads and bridges,” Ranzenhofer said.

“It is so important for Western New York to receive its fair share of state funding for our local school districts and local infrastructure projects. I will be advocating, as a member of these subcommittees, to get these two proposals in the final fiscal plan.”

Both the Senate and Assembly passed separate one-house budget resolutions last week. The Senate plan restrains spending growth, rejects new taxes and fees and delivers small business tax relief.

The highlights of the Senate proposal include:

  • Rejecting $800 million in new taxes and fees proposed by Governor Cuomo;
  • Expanding the existing Personal Income Tax exemptions for small businesses and small farms and reducing the Corporate Franchise Tax business income tax rate from 6.5 percent to 2.5 percent over a two-year period;
  • Bringing ride-sharing services to Upstate New York.

The Senate budget proposal also makes a record level of investment in local infrastructure projects. Under the plan, state funding for the Local BRIDGE NY program would increase by $50 million for a total of $150 million. State funding for the Consolidated Local Street and Highway (CHIPS) program would be increased by $75 million for a total of $513 million.

Hawley speaks with pro-2nd Amendment groups

By Howard B. Owens

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Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) spoke with pro-Second Amendment groups as well as a number of hunters, sportsmen, wildlife and fishing advocates from around the state on Wednesday at Albany’s annual Sportsmen’s Day.

Among the groups in attendance were the New York State Rifle and Pistol Association (NYSRPA), the New York State Crossbow Coalition, New York State Conservation Council Inc. and Sportsmen’s Association for Firearms Education (SAFE).

“I have always prided myself as being an outdoorsman and advocate for the Second Amendment,” Hawley said. “Things like hunting, fishing and target shooting are ingrained in Western New York’s culture and require consistent protection from downstate interest groups who seek to infringe on our rights.

"I was one of the first legislators to fight against the unconstitutional SAFE Act and have consistently advocated for hunting and trapping rights in the counties I represent. I enjoyed speaking with various statewide groups and was impressed by their knowledge, passion and commitment. I look forward to this event each year and thank those who came to advocate and participate.”

Driver and passenger identified in accident this morning in Alabama

By Howard B. Owens

An 81-year-old passenger in a 2004 Mercury sedan suffered severe injuries this morning, according to State Police, after the vehicle went underneath the trailer on a big rig at the intersection of Route 63 and Route 77 in Alabama.

The roof of the sedan was sheared off and became lodged in the rear axel of the trailer.

The vehicle was driven by Donna L. Wolter, 69, who sustained head injuries. Her passenger was Purcil E. Buzard. Both are from Medina.

Both patients were transported by Mercy Flight to area hospitals.

State Police investigators believe Wolter failed to stop at the four-way intersection. 

The 2017 Kenworth tractor-trailer was eastbound on Lewiston Road and making a right-hand turn to head south on Alleghany Road when it was struck by the Mercury, which was on southbound Alleghany Road.

Wolter reportedly swerved to avoid hitting the cab of the truck and went under the trailer, then struck a vacant building on the southwest corner of the intersection, bounced off the building and hit a sedan stopped in the eastbound lane of Lewiston Road.

(initial report)

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Home invasion suspects told Swan Street residents they were police officers

By Howard B. Owens

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NOTE: Story updated to correct the names of the officers involved.

The two men who allegedly broke into a home at 49 Swan St. at 2:22 a.m. Thursday told occupants of the house that they were police officers.

They then attacked the occupants and caused physical injury, according to police.

Kolton Cotter, 22, of Eagle Harbor Road, Albion (top photo), was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; criminal mischief; assault; possession of burglary tools; unlawful imprisonment; criminal obstruction of breathing; obstruction of governmental administrationl; resisting arrest; and unlawful possession of marijuana.

Andrew Morris, 19, of Main Street, Attica, was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; assault; possession of burglar tools; and unlawful possession of marijuana.

Officer Felicia DeGroot and Sgt. Eric Bolles were first to respond to the report of a break-in in progress and found Morris inside the residence and took him into custody. Cotter fled and was chased by Bolles and Officer Eric Foels. Also assisting in the apprehension of the suspects were Officer Jason Ivison and Officer Darryl Streeter.

Genesee County Sheriff's deputies also assisted at the scene.

Bolles and Foels caught up with him on Graham Street and one of them deployed a Taser to help subdue the suspect. Cotter was transported by Mercy EMS to UMMC for evaluation.

Batavia PD said Morris and Cotter identified themselves as undercover police officers in an attempt to steal property.

At one point, a suspect reportedly told the victims that at least one of them was armed. No firearm was recovered. The type of weapon recovered was not identified by police.

The suspects were arraigned in City Court and jailed without bail.

Hochul defends her opposition to Collins' plan to stop state from funding Medicaid with county money

By Howard B. Owens

It might be nice to think that some bit of magic could just make the county share of Medicaid expense disappear, but somebody has to pay one way or another, said Lt. Gov. Kathy Hochul during an interview with The Batavian yesterday about the Collins' Amendment to the GOP's health care coverage reform bill.

"It’s not a free gift," Hochul said. "You can’t say, 'oh, this is going to be great,' and have it work out. They have not thought through the ramifications for this."

Rep. Chris Collins convinced the House GOP leadership to allow his amendment to the American Health Care Act, ostensibly a replacement for the Affordable Health Care Act, pushed through Congress by the Obama Administration in 2010. The amendment affects only New York and blocks the state from taking county money to provide Medicaid coverage to residents.

County leaders have long complained that this unfunded mandate is crippling local budgets and forcing counties to cut other services.

"Year after year, Albany’s leadership relies on counties to foot the bill for New York State’s out-of-control Medicaid costs. Enough is enough," Collins said in a statement released when he announced the amendment. "This amendment will stop Albany from forcing its unfunded mandate down the throats of taxpayers, and help counties lower the property tax burden on hardworking families."

The cost shift won't lead to cuts in property taxes, Hochul predicted, but there would be other ramifications for New York's taxpayers. Those ramifications could include either the poor and middle-class families who rely on Medicaid having $2.3 billion in services cut or counties losing their share of sales tax collections.

"Here's what is going happen, and the counties need to be aware of this, there are going to be tough choices to compensate for the Collins' scam and one of them is to re-examine the assistance we give to counties now," Hochul said.

According to Hochul, when Medicaid was created, the condition set up by the state was that counties would pay for 25 percent of Medicaid coverage and to compensate counties for the cost, counties could keep a portion of sales tax revenue.

County Manager Jay Gsell isn't sure that is exactly the history of sales tax in New York and said he's researching it. The threat to take money away from the counties if the amendment goes through is in line with Gsell's prediction in a story we published yesterday about the amendment.

"The state is not going to go quietly into the night," Gsell said.

We had trouble getting in touch with Hochul or staff members before yesterday's story, so yesterday Hochul had her staff reach out to The Batavian to arrange an interview so she could address local residents directly about her concerns with the Collins' amendment.

"I want people to have a full perspective that if you take out the county’s share, there are still going to be consequences," Hochul said. "Either we cut services $2.3 billion or we raise taxes, and it just comes from another pocket in the State of New York to the tune of $2.3 billion."

Hochul has long positioned herself as an advocate for local communities, and she said she is, but it's also her job as lieutenant governor now to look out for all the people of New York and the Collins Amendment, she said, will be devastating for the state.

"The governor and I are very much aware of this cost on counties and that’s why the governor cut that share down to 13 percent and so now NY state counties are paying less per person than they did back in the year 2000," Hochul said. "In addition, we did two more things: we capped the escalation of these costs, so the state is picking up any increases in the Medicaid costs. That has been in place the last five years and the governor also in 2011 created the Medicaid redesign team to squeeze out saving out of this program; $34 billion has been saved overall, and a large part of that was savings for the counties."

There is some dispute over the history of how we got in a position where county taxpayers are helping to foot the bill for a program that is billed as a "state and federal" benefit for people who can't otherwise afford healthcare. New York is one of only 16 states that pass some of the cost onto county taxpayers and New York's county share is the highest in the nation.

"What they’re proposing is the unraveling of a deal that was put in place in the 1960s when, at the time, counties were picking up 44 percent of their residents' health care costs," Hochul said. "Then when Medicaid and Medicare were in enacted in 1965 there was the thought we could reduce that down for the counties to 25 percent and also allow them -- again, allow them -- to collect some sales tax to offset that cost."

Gsell's version includes 1960 with the Kerr-Mills Act, which created a program called Medical Assistance for the Aged. It gave states the ability to create a medical coverage program and decide on the criteria for eligibility. The Federal government provided matching funds to cover the costs. The act was a precursor to Medicaid.

The prior 1950s program, Gsell said, provided matching funds for state payment to medical providers on behalf of people on public assistance.

"Nowhere did I find that NYS counties were voluntary partners in these pre-Medicaid funding programs," Gsell said. "The Hochul quote about counties paying pre-Medicaid, pre-1965, 44 percent of elderly indigent care, which NYS reduced our 'burden' to 25 percent, maybe 'accurate' in regards to then cost sharing, but this 1965 to 2017 Medicaid program is not the same in terms of benefits, entitlement, number of recipients, with counties having no say in size, eligibility and an open-ended entitlement as back 52-plus years ago."

The Cuomo Administration has been in full attack mode the past few days over the Collins Amendment. Yesterday, The Batavian received at least a half-dozen press releases from the governor's office about the amendment, plus statements funneled through the governor's press release database from hospitals in the region attacking the amendment.

"The radical conservative ideology in Washington has declared war on New York with legislation that will devastate hospitals across the state and hurt New Yorkers," Cuomo is quoted as saying in one press release. "These massive cuts will cripple our hospitals and ravage the health care services on which New Yorkers rely."

The other bit of history that came out in news reports yesterday over the Medicaid spat is that Andrew Cuomo's father, Mario, when he was governor pushed for years for the state to pick up the county's share of the Medicaid tab.

Both Andrew Cuomo and Hochul have accused Collins of political pandering to try and secure more Upstate congressional votes for the AHCA, which is far from guaranteed passage. The reform, pushed as part of President Donald Trump's promise to repeal and replace Obamacare, would scuttle direct subsidies to people who purchase insurance through health care exchanges, as well as end the individual mandate to buy health insurance, and replace it with a refundable tax credit for all qualifying Americans.

Critics contend the bill would drive up the cost of health insurance while conservatives argue the bill doesn't actually repeal Obamacare.

A poll commissioned by The Economist shows strong opposition to the AHCA in several rural Upstate districts, including the NY-24 (33 percent support / 51 percent oppose), NY-23 (38/45), NY-22 (38/45), NY-21 (37/45), as examples.

In the NY-19, the district of John Faso, the cosponsor of the Collins' Amendment, 35 percent support and 48 percent oppose. The bill has a little stronger support in Collins' own district, the NY-27, with a split of 40/42.

"The reason that Representative Collins proposed this is to literally offer a bribe to on-the-fence Upstate Republicans who were starting to hear from constituents that decimating and destroying the Affordable Care Act, which benefits seven million New Yorkers now, is not something their constituents really want," Hochul said.

Cuomo has characterized the Collins Amendment as putting politics before people, and we asked Hochul about that statement, noting that really any decision about budgets, taxes, and spending is about people. For Genesee County, a cost savings of $9.4 million might not lead to much, or any, savings to taxpayers, but it could save critical programs.

This past year, the County Legislature went through a contentious budget debate that had some members of the Legislature even floating the idea of eliminating deputies from road patrols. The county will also likely be forced by the state to build a new jail in a few years, plus the county needs at least $15 million in road and bridge repairs. 

Meanwhile, New York's menu of Medicaid options is the most generous in the nation and the program leaves the perception of operating on an open checkbook. (Gsell provided this chart that shows county share of Medicaid expense across the nation and New York's is far and away the highest rate.)

"I disagree with your assessment that it’s an open checkbook," Hochul said. "The fact (is) that we shaved $34 billion off of it just in the last few years and the governor continues to have a Medicaid redesign team in place to make sure we’re cutting costs."

Hochul said if the ACA is repealed, it's just going to drive up costs for all New York taxpayers because the uninsured will be more likely to use emergency rooms for routine medical needs.

"They’re going to the ER and the cost is going to be dramatically higher," Hochul said. "Those costs are being picked up by taxpayers. People have to realize this is a united system and we’re going to continue as a state to cut those costs."

She said New York's costs are higher because we have a larger elderly, middle- and working-class population and our industrial past means we have higher rates of cancer. She recalled seeing as a child the pollution spewed by steel plants, for example, in Buffalo area.

"That is largely a way to explain why we have higher costs, not that we’re just throwing good money after bad," Hochul said. "We have a governor who is very tight-fisted with the state’s taxpayers' dollars. He’s very conscientious. That’s why we’ve cut middle-class taxes. We’ve cut business taxes. We continue to focus on creating jobs to put more money back into the local economy, more sales tax for the counties, more property tax revenue for house sales. It all works together. You can’t just pull out one piece of the puzzle and have that collapse and have the other part be picked up by everybody else."

She called the Collins' amendment a betrayal of the people of New York.

"The number one rule for doctors is 'first do no harm,' " Hochul said. "I think that should also apply to members of Congress. What Chris Collins is proposing will inflict harm and pain on the people of the State of New York and we have to get pressure on him to take this back and put it on the sidelines and realize this is a horrible mistake."

Late yesterday, Collins, who won the NY-27 seat from Hochul three years ago, put out a press release that characterized the Cuomo Administration's response to his proposed amendment as "a complete meltdown."

“Governor Cuomo and his sidekick are using doomsday predictions to scare everyday New Yorkers into allowing Albany to continue taxing them to death," Collins said. "It’s absolutely disgusting the governor would threaten the middle class with a tax increase while holding a $14 billion taxpayer-funded slush fund in his back pocket. As I have said before, if this Governor can’t find 1.5 percent to save in his budget, I am more than willing to find it for him.”

WROTB directors approve $500K parking lot contract at Batavia Downs Gaming, stand by Wojtaszek

By Mike Pettinella

Western Regional Off-Track Betting Corporation directors this morning approved a resolution to contract with Keeler Construction of Albion to renovate the parking lot of Batavia Downs Gaming on Park Road.

"The parking lot is a go," said Michael Nolan, chief operations officer, referring to approval from the New York State Gaming Commission for the $508,128 project, which is set to begin in early May and be completed by the end of that month.

Nolan advised that the reconstruction and repaving of the parking lot, which currently can handle 1,043 vehicles, will be done in three phases -- with Downs' officials taking steps to minimize any inconvenience to their customers.

"When crews are working in one section, and cars have to be parked further away from the building, we will set up a shuttle service," Nolan said. "We will do everything we can to accommodate patrons while the work is being done."

Scott P. Kiedrowski, vice president of operations, said the contract with Keeler calls for "digging out portions of the lot that are the worst, making sure the drainage is functioning properly, putting a layer over the entire lot and restriping."

"We are driven by the fact that it has reached its age; the time is now for major improvement," he added.

Director Edward Morgan (Orleans County), who has extensive experience in road resurfacing, will be acting as a volunteer liaison for WROTB during the project.

In an unrelated matter, the board has addressed a situation surrounding criminal charges against WROTB President Henry Wojtaszek, who, according to published reports, pled guilty to a misdemeanor charge on Wednesday in connection with an ongoing probe into election law violations.

The violation apparently took place in 2012 when Wojtaszek, the former Niagara County GOP chairman, failed to properly file a statement with the NYS Board of Elections.

The investigation has led to indictments against State Senator Rob Ortt and former state senator George Maziarz -- with Ortt's charges involving three counts of offering a false instrument for filing, according to The Buffalo News.

WROTB directors issued a statement supporting Wojtaszek, who was appointed as WROTB president last year. Details of Wojtaszek's plea have yet to be revealed.

The statement reads, in part, that Wojtaszek will pay a fine to receive a "conditional discharge" and that he "fully accepted responsibility" for failing to properly file the document.

"The board supports him, including me, to a man," said Director Richard Siebert (Genesee County). "There is nothing here that will cause him to lose his lawyer's license or his Gaming Commission license."

A phone call to Wojtaszek was not returned at the time of this posting.

In other developments:

-- A summer concert series is scheduled for six Saturdays in June featuring nationally known recording artists who will perform on the track's infield. Although not confirmed, possible acts include Lee Greenwood, Lou Gramm, Eddie Money and Lone Star.

-- Nolan reported that the Gaming Commission also approved plans for a new paddock at Batavia Downs. He said once the bid process is completed, he expects construction to start in June or July.

-- Operational earnings of $111,857 in February represent a $98,000 increase from the same time period last year, Comptroller Jacquelyne Leach said. The track's EZ Bets handle was up 12 percent in February (compared to February 2016) and is up 41 percent this month (compared to March 2016).

-- Racing Director Todd Haight reported that live harness racing will begin on July 26 and run through Dec. 16 for a total of 71 dates. Post times will be 5 p.m. on Wednesdays (except for opening day when it will be 6 p.m.), 6 p.m. on Fridays and Saturdays, and 1:15 p.m. on matinees and Sundays.

The track's Family Fun Day, featuring weiner dog races, is set for Sunday, Aug. 27.

-- More than $400,000 in winning or refundable pari-mutuel tickets across the state from 2016 must be cashed by March 31 or that money goes back into NYS coffers, Haight said. About $25,000 of that amount was generated from activity at Batavia Downs or WROTB parlors.

Those holding these tickets can go to a local OTB branch or Batavia Downs to claim their winnings.

Possible serious injury accident reported on Route 77 in Alabama

By Howard B. Owens

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A motor-vehicle accident with possible serious injuries to reported on Route 77 at Lewiston Road, Alabama.

Alabama fire and Mercy EMS dispatched.

UPDATE(S)(By Billie) 9:37 a.m.: The availability of Mercy Flight is being checked. Eastbound traffic on Lewiston Road will be shut down. Mutual aid from Shelby Fire Department is requested.

UPDATE 9:45 a.m.: The address is 6655 Lewiston Road. Two Mercy Flight helicopters are heading to the scene -- #5 out of Batavia, #7 out of Buffalo.

UPDATE 9:57 a.m.: Mercy Flight 5 is on the ground. One patient is being put on board now. Another patient is in an ambulance awaiting loading onto Mercy Flight 7, which just landed. Both were said to have been extricated from a vehicle underneath the undercarriage of a tractor-trailer.

UPDATE 10:23 a.m.: Mercy Flight 7 is airborne and going to ECMC. Mercy Flight 5 is airborne and going to Strong Memorial Hospital. The State Police crash investigation team is on scene. A tractor-trailer was eastbound on Lewiston Road and at the intersection with Route 77, the trucker was making a right-hand turn to go southbound on Route 77. A Mercury sedan southbound on 77 slammed into the big rig; the impact sheared off the roof of the Mercury sedan, which is still embedded in the axles of the tractor-trailer. The damaged sedan continued and hit a building on the southwest corner of the intersection, then careened off the building, striking a sedan that was stopped at the intersection. But only the two occupants of the Mercury were injured, one seriously, the other very seriously.

UPDATE 1:11 p.m.: The intersection just reopened.

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Batavia police respond to break-in on Swan Street

By Billie Owens

Batavia Police responded a few minutes ago to an apparent "home invasion" at a house on Swan Street after a resident called to report someone was breaking into the house. Upon arrival, an officer said a person was exiting the building.

A backup unit arrived immediately, and a person was said to be running eastbound on adjacent Graham Street, then south.

A police officer chased a suspect on Graham. A Taser was deployed and Mercy medics were then called to 4 Graham St. to evaluate that subject, who was in custody. 

The residence on Swan Street was checked and a second subject was arrested.

"Unknown property" was reportedly removed from the residence during the incident.

"The subject told the victim he had a gun. ... Nothing displayed," said an officer.

UPDATE 2:48 a.m.: The person who was tased is being transported to UMMC.

UPDATE 3:03 a.m.: The person arrested at the residence was apprehended on the second floor. Police say the pair possessed burglary tools and at least one weapon -- not a gun -- was recovered.

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Suspect in Jackson Street shooting indicted on attempted murder charge

By Howard B. Owens
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   Jeremy Armstrong

The suspect in a Dec. 2 shooting on Jackson Street has been indicted on a count of attempted murder by a Genesee County Grand Jury.

Jeremy R. "Boog" Armstrong, 26, of Batavia, faces six felony counts stemming from the incident which seriously injured a victim who has not been identified by authorities.

The counts also include assault in the first degree, criminal use of a firearm in the first degree, criminal use of a firearm in the third degree and two counts of criminal possession of a weapon in the second degree.

Armstrong was picked up earlier this month in East Hartford, Conn., on a warrant.

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

Sponsored Post: Helping people in need, DePaul Batavia Square Apartments

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Helping People in Need -- DePaul Batavia Square Apartments

DePaul, a not-for-profit organization established in 1958, is seeking to rezone two East Main Street properties in order to allow construction of 80 units of housing for income-eligible tenants. The affordable apartments would be fully handicap accessible, provide workforce housing and would serve vulnerable populations including veterans, elderly individuals and persons with special needs who would be linked with supportive services. A spring 2018 construction date is targeted.

DePaul committed last fall to build new facilities in Genesee, Livingston, Orleans and Wyoming counties as part of a $2.6 billion statewide plan to develop supportive housing units for vulnerable populations such as the working poor, seniors and veterans. 

Working with SWBR Architects, DePaul has plans for six buildings — two multistory apartment buildings and four sets of town homes placed in half-circles around a central green space. The newest developments in solar technology would be utilized and vegetated “green roofs” would be located over both the two- and three-story, 24-unit buildings with shared laundry facilities in each town home. According to DePaul President Mark Fuller, DePaul is staying on trend with varied design and less density, providing mixed-use, diverse options to populations in need. 

Having access to affordable, quality housing in a neighborhood that is connected to jobs and other amenities makes life better for people. Research demonstrates there is a positive relationship between stable, affordable housing and improved health, increased academic performance and greater economic self-sufficiency. 

Construction of new affordable housing creates a host of jobs, while vacant or underutilized parcels are transformed, increasing the value of the property and neighboring areas. Communities truly benefit from the revitalization of neighborhoods and promotion of economic and social integration. DePaul is committed to investing in Batavia and the many people in need who benefit from quality housing. For more information; please visit us online at: www.depaul.org

Nominees sought for WNYIL's Independent Citizen Award, deadline is April 3

By Billie Owens

Press release:

At the annual “Night for Independence Gala,” on May 20 in Salvatore’s Italian Gardens, Western New York Independent Living Inc. Family of Agencies (WNYIL) will salute a member of the disability community with its Independent Citizen Award. WNYIL is requesting that the public submit the names of candidates for this distinguished honor, prior to the Monday April 3 cutoff for nominations.

To be considered, the individual would have shown support, assistance and inspiration to others while demonstrating the five core values of this award:  

  • Exemplifying independence in the community, such as: by beginning a special project; by spearheading an awareness effort; or by gaining the support of decision-makers, for the benefit of others with disabilities or the general community;
  • Going above and beyond what would be expected to assist others, by offering personal experience or expertise, organizing individuals around an issue, enlisting partnerships, and/or revealing self-sacrificing work; 
  • Remaining active in the community over an extended period, even after an initial success with an activity or major project;
  •  Rejecting others’ criticism or doubt, that potentially could have deterred the individual from striving to reach and achieve personal goals;
  •  Showing the world the value of one person’s actions by encouraging others to have a contributing, encouraging, and positive attitude about making the community a better place for all. 

Anyone who is aware of an individual with a disability who would meet all these criteria should contact Heather Mattiuzzo of the WNYIL Office of Community Outreach at (716) 836-0822, ext. 146; or email her with the candidate’s name, a paragraph about his/her qualifications and contact information, as well as the submitter’s name and contact information, to hmattiuzzo@wnyil.org.

WNY Independent Living, Inc. is Western New York's largest cross-disability, consumer-directed, non-residential organization for persons with disabilities. At WNYIL, individuals of all ages and all types of disabilities learn to exercise their freedom of choice to take control of their own lives in order to live more productively in, and contribute to, the community.

Law and Order: Man accused of damaging jail property

By Howard B. Owens

Victor Michael Delatorre, 34, of West Main Street, Batavia, is charged with criminal mischief, 3rd. Delatorre allegedly damaged property of the Genesee County Jail.

Eric McWethy, 20, of Columbia Avenue, Batavia, is charged with loud muffler and unlawful possession of marijuana. McWethy was allegedly found in possession of marijuana during at traffic stop at 9:11 p.m. March 16 on Ellicott Street, Batavia, by Officer Chad Richards.

Keaira Sharee Jones, 25, of Jay Street, Rochester, is charged with unlawful possession of marijuana. Jones was a passenger in a vehicle stopped at 12:34 p.m. March 17 on Washington Avenue by Officer Frank Klimjack.

Cassi A. Schutt, 29, of West Crest Drive, Rochester, is charged with driving on a suspended registration, aggravated unlicensed operation, driving without insurance and failure to stop at sign. Schutt was arrested on a warrant for the listed charges. 

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with criminal obstruction of breaking and menacing, 2nd. Beardsley was arrested following a complaint of a domestic incident at 4:45 p.m. March 17 on Walnut Street, Batavia. He allegedly threatened a female with a knife and then choked her. He was jailed on $5,000 bail or $10,000 bond.

Shane K. Borton, 44, Chase Park, Batavia, is charged criminal contempt, 1st, and harassment, 2nd. Borton was allegedly involved in a physical altercation at 6:02 p.m. Saturday, which also violated an order of protection.

Donald Egan Jr., 26, of State Street, Seneca Falls, was arrested on a warrant. He was jailed on $1,000 bail.

Gangi Steven Perez, 21, of Bridge Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding, possession of alcohol in a vehicle, and unlawful possession of marijuana. Perez was stopped at 12:27 a.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st. Soto allegedly filed a sex offender change of address form with a false address. This is an additional charge added to previous charges.

Ifrah Mohammed Jajimusse, 38, of Main Street, Batavia, is charged with unlawful possession of marijuana. Jajimusse was allegedly found in possession of marijuana during at traffic stop at 8:25 p.m. Monday on West Main Street, Batavia, by Deputy Richard Schildwaster.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, and Salvatore M. Schwable, of Weber Avenue, Oakfield, are charged with unlawful possession of marijuana. Russell and Schwable were in a vehicle stopped by members of the Local Drug Task Force and were allegedly found in possession of marijuana. Schwable was also found to have an arrest warrant of out Batavia Town Court for alleged petit larceny and criminal mischief.

Town of Batavia GOP seeks committee members

By Howard B. Owens

Press release:

The Town of Batavia Republican Committee is seeking interested residents who would like to serve on the Committee and participate in their local government process. The requirements to serve on the Committee is to be 18 years old and a registered Republican.

The Committee seeks and endorses candidates for Town and County offices, carries petitions to allow candidates to be on the ballot, and raises funds to support the local campaigns. This is an opportunity to serve your community and be more informed on what is happening in your town.

If you would like more information please contact the Chairman, Steve Hawley at shawley@smhawley.com or Committee Secretary, Kathy Jasinski, at 762-8239. The next meeting is scheduled for April 12th at 7 p.m. at the Town Hall. All Republicans are welcome to attend.

L&L returns to tow business

By Howard B. Owens

lanltowtruck2017.jpg

L&L Transmission is back in the towing business.

Cameron Selapack admits, yeah, it's a nice excuse to get out of the garage and meet customers in the field, but he said the real reason for bringing back L&L Towing was it was becoming increasingly clear customers needed the service.

They needed another option and a way to save money, especially if they were bringing their car to L&L for service.

"We do offer a discount rate," Selapack said. "If they're bringing their car here, we'll definitely give them a break."

The towing service is available 24 hours a day and the available for any type of call.

L&L Towing can be reached at (716) 984-4870.

With Collins and Hochul locked in fight over Medicaid expense, county manager not counting on cost savings yet

By Howard B. Owens

A proposal to block New York from using county taxpayer money to pay for Medicaid sounds good on paper, but as always, the devil is in the details, says County Manager Jay Gsell.

Gsell's biggest fear is that even if the proposal is passed by Congress, Gov. Andrew Cuomo's office would just find a way to shift other expenses to the counties.

"My sense of the reaction from the governor and the lieutenant governor over the last week is that it is very likely how they would respond," Gsell said. "They’re still putting a state budget together. Things could change on a dime."

The proposal comes from Rep. Chris Collins, who is having it added as an amendment to the House GOP's health care bill aimed at replacing the Affordable Healthcare Act.

From a Collins press release put out earlier today:

The Medicaid Local Share Limitation, which was proposed by Congressmen Chris Collins and John Faso, would bar federal reimbursements for New York State Medicaid funds raised from local governments. The proposal would only apply to the $2.3 billion being raised from counties outside of New York City. New York State currently raises $7 billion from its local governments to fund its $27 billion Medicaid liability, which is the largest amount in the nation.

“This is a huge win for our constituents,” Congressman Collins said. “I want to thank President Trump, House leadership, Congressman Faso, and the rest of my fellow New Yorkers for getting this key provision included. Year after year, Albany’s leadership relies on counties to foot the bill for New York State’s out-of-control Medicaid costs. Enough is enough.

"This amendment will stop Albany from forcing its unfunded mandate down the throats of taxpayers, and help counties lower the property tax burden on hardworking families. We understand the devastating impact New York’s reckless spending is having on everyday New Yorkers, and I’m proud to join with members of our delegation to bring vital tax relief to our constituents.”

In a tweet today, Collins said his amendment to the bill, called "Ryancare" by some, and "Trumpcare" by others, would save Genesee County taxpayers $9.4 million that the county currently pays as a local share of Medicaid expense.

Gsell said it's more than $9.6 million of an overall $68 million expense, with the Federal government and state government picking up the balance of the cost. 

The proposal from Collins has brought forth blistering attacks from Gov. Andrew Cuomo and Lt. Gov. Kathy Hochul.

Last week, Hochul said in a statement:

"What’s worse, a New York Republican Congressman, Chris Collins, is offering an amendment that would wreak havoc on the state. While I understand that the Democrats in Washington are attacking Collins on ethics issues and are having a heated political fight, they shouldn’t be played out at the expense of everyday New Yorkers.

“Here are the facts: The overall Medicaid plan would cost the state billions of dollars of lost federal funds and jeopardize hospital stability."

She said the Collins proposal would amount to a $4.7 billion tax increase on the people of New York.

According to a report in the Democrat and Chronicle, Cuomo ripped the bill as a "death trap" that would devastate hospitals, nursing homes and assisted living facilities in Upstate New York.

"My greatest fear from last year’s election has actually come true, which is you have a rabid, conservative ideology in Washington that would tell New York to drop dead, and that is exactly what is going on," Cuomo said.

At $60 billion per year, New York is topped only by California (at $85 billion) in total Medicaid spending. In New York, counties cover $7 billion of the state's share of the Medicaid expense, by far the highest share of any state in the union.

This for a program that is defined by the Feds as a "Federal and state" (not county) medical coverage benefit for people with limited income.

In her statement last week, Hochul offered up a history of how counties came to help pay for Medicaid, saying the counties agreed to take on this expense, but Gsell said that's not his understanding of the history.

Gsell said the counties got roped in against their will in the 1960s when Congress created a long-term care program and ordered states to help pay for it and New York turned around and told counties they would share in the expense. Then when Medicaid was created a few years later, New York told the counties they would pick up 25 percent of the tab, though at the time, the program was a lot less expensive than it is today.

"I saw some comments by Ms. Hochul last week that said, ‘oh, the counties have nothing to be grousing about -- they've been funding Medicaid forever,' " Gsell said. "She alluded to this one- or two-year-old piece of Federal legislation from the early '60s and says, ‘yeah, the counties volunteered to do it.’ No, even then, the state told the counties, 'you will fund this program.' "

New York's Medicaid bill is so high, Gsell said, because the state covers the full smorgasbord of coverage. Whereas the Federal government has only about 15 services that are mandated, New York offers the full slate of available options, more than 30 altogether.

At no time, Gsell said, have states been given any opportunity to have a say in who is covered, how they are covered or what is offered. Everything is mandated by the Federal government or the state.

When Gsell became county manager 23 years ago, the county share of coverage was about $4 million, but the expense started increasing at 5 to 10 percent per year until the county share was capped a few years ago.

The Collins amendment is designed, in part, to help secure support from New York's congressional delegation. That overt political maneuver prompted another statement from Hochul today:

"Mr. Collins has perpetuated a political scam on New York. As Mr. Trump’s bag man he has had to buy votes to pass the Affordable Care Act and did it by promising counties relief from their share of Medicaid. He now wants New York State to pay his $2.3 billion political IOU.

"The state cannot and should not. If Mr. Collins wants to buy votes let the federal government pick up the share rather that the people of New York. Local county taxes or state taxes New Yorkers still pay. One way or another, it is still coming out of New York taxpayers’ pockets. Let Mr. Collins help New York State and his district by having the federal government pay – that is why he is in Washington.

"He could easily help pay by reducing the $150 billion tax cut to the richest 1 percent of Americans or buying one less tank from Trump’s record defense budget. Why make the people of his district pay for his politics. We do know Mr. Collins is adept at corrupt financial schemes but this is the ultimate insider trading scam."

Ryancare/Trumpcare is by no means assured of passing. It will obviously receive Democratic opposition, but a number of House conservatives also oppose it. It will also face a tough fight in the Senate.

Still, if it does pass, Gsell is far from certain it will lift the burden from Genesee County for unfunded mandates. He believes, based on the stern opposition to the cost shift from Cuomo and Hochul, that Albany will just pull the purse strings tighter on other programs with county-state cost shares, such as indigent defense, Safety-Net, Pre-K early intervention and probation assistance. The state share of a total of nine state-mandated programs exceeds the potential $9.6 million in cost savings offered by Collins amendment.

"The money that the state has to start absorbing could turn on our budgets in these other areas with less state aid," Gsell said. "The state is not going to go quietly into the night."

Michael McAdams, a spokesman for Collins, rejected this contention outright.

"That's an unfounded hypothetical," McAdams said. "There's no basis for thinking that would actually occur."

The ironic piece of this fight between Collins and Hochul (who lost the congressional seat to Collins after one term) is Hochul has long been a strong proponent of local communities, making a point to shop local every holiday, for example, even stopping in Batavia stores.

Through the governor's press office and on Twitter, we reached out to Hochul to ask her to address the seeming contradiction of supporting local communities while backing an unfunded mandate, but we haven't received a response.

Gsell thinks Hochul's position may not be entirely her own.

"It struck me as she was being instructed," Gsell said. "This didn’t sound like a Kathy Hochul thing. It mirrored very much what the governor’s thing is, which is, ‘counties, shut up. You’ve got your Medicaid cap. We’ve given you pension reform with Tier 6. You’ve gotten enough. Go away. We’re not going to cost shift from counties to the state.' ’’

Batavia fugitive arrested today in Le Roy

By Billie Owens

A joint effort between the Le Roy Police Department, Genesee County Sheriff’s Office and City of Batavia Police Department led to the arrest today of a wanted fugitive who has been hiding from the law for months.

Oliver Thomas, 25, was wanted in connection to an alleged violent burglary and assault on residents on Central Avenue in the City of Batavia in October and also for allegedly failing to change his address in relation to the NYS Sex Offender Act. Thomas was located at 16 Pleasant St. in Le Roy.

The arrest came after a tip was received that Thomas was currently located at that address and upon investigating, the officers found Thomas and took him into custody without incident.

Thomas was transported to Batavia to face the charges.

He is charged with first-degree burglary and second-degree assault for the crimes alleged in the Central Avenue incident. Thomas served time in prison after he was convicted of rape in 2009 and is required to register as a Level 2 sex offender. 

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Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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