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GCC students pitch their business business ideas in competition

By Howard B. Owens

Students at Genesee Community College competed today in a business idea pitch competition. with a couple of hundred dollars in prize money at stake from StartUp Genesee Committee of the Genesee County Economic Development Center.

In all, 17 individuals and teams competed, including Gino Vos, above, who pitched his idea of a tourism-related T-shirt company in his home of Kurasoleno, in South America. He won second place in the "Most Likely to Succeed" category.

The winner in that category was Glenn Holmes, with Livestock Haulage Company. Holmes is also an international student from Ireland.

The "Most Creative" prize went to Josh Berranco, Nathan Maniscalko, and Richard Estes, with the TV Show, "Spooky Kooky Investigation Inc." (see video below)

Second in "Most Creative," Paige Biggins, hockey for children with special needs.

Casey Smalls, a GCC fashion student, pitched a new natural eyelashes product.

Zoe Falsone, Paul Elliott, and Dave Inzinna, a TV show, "Music Then, Now, Forever."

Legislators divided on 'you cay pay me now or you can pay me later' energy-saving contract

By Howard B. Owens

The Genesee County Legislature is having a hard time coming to terms with borrowing $4 million to potentially save $4 million or more on future energy bills.

Not every member of the Legislature believes the cost savings are real, or that the county should borrow that much money on an expectation of saving money years from now.

Legislators Gary Maha and Andrew Young are the most skeptical.

"I appreciate the effort," Young said. "I try to look at everything just as I would for my business. Would I do it? I would not borrow $4 million and hope I got it back over the next 20 years. I don’t know too many business people who would."

He called the idea, from a business perspective, "irrational."

Clattenburg said she looked at it a little differently.

"The rationale is like any homeowner," Clattenburg said. "You buy an energy-efficient furnace and your costs are cut in half and you take saving from the energy cost and use it to pay for your furnace. You talk about (as) if, I was a business. I talk about it as if I were a housewife and I was buying a furnace. That is how I would look at it."

In summary, the proposal involves the county signing an agreement with Johnson Controls that would entail the county borrowing $4 million. Johnson Controls would then act as a contractor for a series of projects intended to reduce energy consumption at county buildings.

Many of the projects are already part of the county's capital investment plans. Over the 20 years, the county would pay $200,000 a year on the loan but save an estimated $200,000 a year in energy costs. Johnson Controls guarantees a certain amount of costs savings realized in each of the first three years of the contract. The county could buy a sort of extended warranty for additional years to guarantee savings, though that isn't really being considered.

County Highway Superintendent Tim Hens first brought the idea to the Legislature in February and the Legislature gave him the green light to put together a resolution to approve a contract with Johnson Controls.

He's been to two committee meetings this week, Public Service on Monday and Ways and Means on Wednesday, to discuss the proposal with legislators. Neither committee has yet to approve the resolutions.

Yesterday, Ways and Means tabled the resolution pending more information on other financing options, such as using $2 million the county has available and borrowing only $2 million, perhaps from another source.

“I don’t just see it as a loser," Hens said during a 30-minute robust discussion of the proposal Wednesday. "I think it’s a good deal for the county. I wouldn’t be here for my third committee meeting pushing it so heavily if I didn’t think it was a great idea for the county.”

The benefits as laid out by Hens, County Treasurer Scott German, and the legislators who support it -- Shelly Stein, Marianne Clattenburg, John Deleo, and John Hilchey -- include:

  • Front-loading paying for several capital-improvement projects that the county will have to pay for eventually anyway;
  • If the contract is signed by May 30, an interest rate of 3.5 percent is locked in (the Federal Reserve is planning three interest rate hikes this year);
  • Getting the work done before inflation drives up the costs;
  • Shifting some of the operational expense of energy from an expense against property taxes into an expense against sales taxes, which frees up space for other expenses under the tax cap;
  • Saving maintenance and repair costs on old and failing equipment;
  • Ensuring employees are working in safe and comfortable buildings that currently need significant repairs

Maha said he isn't against the idea of getting the work done, but he isn't comfortable on taking on a $4 million loan with a 20-year payoff, especially when the county is looking at a potential expense of $45 million or more for a new jail.

"The timing of it bothers me," Maha said. "I understand the benefits of the energy efficiency at the county buildings but I look at my home, you know, I haven’t put any energy into my home until I have the money. I don’t think my constituents want me to say 'yeah, go ahead and borrow $4 million' when we’ve got other projects out there that will cost the county millions of dollars.”

Not every project in this proposal will, by themselves, lead to cost savings. Putting a new roof on the highway garage, for example, won't reduce energy costs but it must be done and it can be included in the contract. Making it part of the Johnson Controls contract takes it out of the list of other capital projects the county must pay for using the existing capital budget.

Most of the cost savings actually come from some of the smaller projects, such as switching lighting in county buildings to more energy-efficient systems.

Some projects, such as replacing the eight air handlers on the roof of County Building #2, will both reduce energy costs and save maintenance costs.

"Right now we spend a ton of time repairing broken air handlers in Building #2," Hens said on Wednesday. "We don’t have great job-costing software to be able to track exactly what we spend, but I can tell you, Terry and the other guys have a lot of overtime going in after hours to fix air handlers or going to the jail to repair the boiler."

Deleo admitted to some skepticism of the proposal but near the end of the discussion Wednesday, he said he had warmed to it.

"So you’re saying right now cash is cheap, so let’s lock it in at the low rate and keep that over the 20 years because it’s cheap now, and then we’ll keep our cash in reserves and if things go off, we always have the cash, and cash is king, as they say," Deleo said. "I’m not as negative against this anymore as I hear it more and more."

Young said he doesn't think the savings is sufficient enough to justify taking on $4 million in debt. Using a calculation provided by Johnson Controls called Net Present Value, Young said there are essentially no savings.

The initial NPV calculation showed only $1,357 in savings on the value of the money, but Hens said with a lower financing rate, the new calculation is $38,519.

"I’m not 100-percent confident, there’s no guarantee it’s going to pay for itself in 20 years," Young said.

Net Present Value is a term economists use to try and determine the value of money today against the value of money at some point in the future. The calculations can get complicated. A straight calculation of $4 million today versus the value of that money in 20 years would, at a steady rate of 2-percent annual inflation, be $2.7 million.

Such straight-line calculations through having little predictive value. We don't know what the rate of inflation will be in each year, what interest rates might be in future years (if money isn't borrowed now and is instead borrowed on a project-by-project basis in coming years); and in this case, how the cost of energy will change over 20 years.

Maha is concerned about placing bets on the prediction of the future, he said. Who knows what technology changes will come in 20 years? He suggested in 20 years, whoever is still around in county government will have no real knowledge of why the loan exists and what purpose it served.

"I want to reiterate that my concern is, I don't care if it's $1 million or $4 million, I don't like the 20 years," Maha said. "Who knows what is going to happen 20 years down the road. Who is going to look back in 20 years and remember why we did this?"

Clattenburg countered, “We might look back in 20 years and say look at all the money we saved over the 20 years.”

Both Hens and German made the point a couple of times during the discussion that the estimated saving presented by Johnson Controls should be considered "conservative" estimates that the actual cost savings should be higher. Johnson Controls, Hens noted, with the first-three-year guarantee on its estimates, doesn't want to overestimate and wind up owing the county money, so their estimates are cautious.

Clattenburg, who chairs Ways and Means, was perhaps the staunchest proponent of the Johnson Controls proposal.

“If we don’t do this and we go the other route (paying for each project individually), don’t come to me to override the tax cap at any point," Clattenburg said. "I hope you are willing to do that if we don’t go this way because that’s what’s going to happen."

Neither legislators Bob Bausch nor Gregg Torrey expressed an overt opinion on whether they will support the proposed contract. But Bausch suggested that maybe the county could use current capital project funds along with some reserves, up to about $2 million, to reduce the amount of money borrowed. That would both reduce the total amount of interest paid and reduce the length of the loan, perhaps to as little as six years.

Hens said that would mean going to another firm for financing and losing the guaranteed 3.5 percent rate. German said he would have to gather estimates but the rate wouldn't be guaranteed until the county was actually ready to take out the loan, which could be two months.

The committee agreed to table the resolution until German is able to report back on that option.

CLARIFICATIONS: We should have pointed out in the body of the story that the estimated cost savings on utility bills alone if the loan is taken out is $117,250. Hens says that's a conservative estimate based on an inflation rate of 3 percent over 20 years. He said the actual rate since 1998 has been 3.9 percent and going back to 1958, the averaged annual rate of inflation for energy costs has been 4.32 percent. If either of those figures hold true, he said, the county will save substantially more.

McMurray pushes back against Cuomo pressure to push Hochul into NY-27 race

By Howard B. Owens

Press release:

Today, Governor Cuomo told a gathered crowd that Kathy Hochul would give Democrats the best chance to take away the 27th Congressional District from Chris Collins. He referenced Nancy Pelosi, implying that she expressed a similar sentiment.

Democratic Congressional Candidate Nate McMurray is disappointed by the statement.

“Clearly I'm not part of the Washington/Albany insider game. But you know what? I want no part of that mess. This is a new era. It’s an era where the people again decide what’s best, not a group of political elites."

McMurray continued, "The Governor is not out there with me in the 27th District. He does not see the energy and enthusiasm we see, not from big donors but from regular people.”

“I respect the Governor," McMurray said. "I think he has done a lot of important things. If the Governor is reelected, I look forward to working with him.

"And if Kathy Hochul wins her reelection bid for Lieutenant Governor, I especially look forward to working with her. I’m proud of her representation of our region. I wish the Governor would join me on a trip to Batavia or Warsaw or Lockport and see the support we're feeling in those rooms.

“Sooner or later Albany and D.C. will realize, ‘Don’t underestimate Nate.’ I’m no pawn on a board. No one owns me. No one owns the people of NY 27.”

Hawley says he's outraged by Cuomo's pardon of felons

By Howard B. Owens

Press release:

“The governor is so desperate to appeal to the radical left as his election approaches that he has now granted conditional pardons to roughly 35,000 convicts on parole, a shameful move that flies in the face of every law-abiding citizen who has done the right thing and followed the law.

“Despite the governor’s radical interpretation, paying your debt to society and earning back the ability to exercise our most cherished right, voting, should not be granted until a felon is completely off parole and has been rehabilitated.

“It is obvious Gov. Cuomo will go to great lengths to win an election but I never thought it would involve pandering to rapists, murderers and arsonists. This governor seems to be fonder of helping inmates and convicted felons instead of hardworking, law-abiding citizens.”

Photo: Ribbon cutting for Five Star Urgent Care in Batavia

By Howard B. Owens

Five Star Urgent Care held a ribbon cutting yesterday for its new location on Veterans Memorial Drive, next to Home Depot, in Batavia.

Cutting the ribbon is Denae McPherson, the regional practice director for Five Star.

The location is the 18th for the company.

Reminder: Genesee Valley Wind Ensemble to perform Spring Concert at O-A Central School April 29

By Billie Owens

The Genesee Valley Wind Ensemble will perform its 2018 Spring Concert in the auditorium of Oakfield-Alabama Central School beginning at 4 p.m. on Sunday, April 29. The school is located at 7001 Lewiston Road, Oakfield.

Conductors are: Mark Flynn, guest conductor, high school band director at Akron Central School; Dan Klinczar, member conductor, elementary band director at Alexander Central School; and Philip J. Briatico, conductor and founder of the GVWE, Warsaw Central School.

Admission cost: Adults -- $10; Seniors (55+) & Veterans -- $8; Students (with ID) -- $5; Children age 5 and under -- FREE; Family Deal -- $25 -- for immediate family and children -- mother and/or father and up to four children.

These works will be featured:

  • "Classical Gas" -- Mason Williams
  • "Flourish for Glorious John" -- Ralf Vaughan Williams
  • "Joy Revisited" -- Frank Tichelli
  • "The Chimes of Liberty" -- Edwin Franko Goldman
  • Highlights from "My Fair Lady" -- Lerner & Loewe
  • "Cherish" -- The Association
  • "Prelude, Siciliano & Rondo" -- Malcolm Arnold

This program is made possible in part by the Reach Grant program administered by GO ART!

The purpose of the GVWE is to serve and to provide the Greater Genesee Valley audience with new and familiar music, to serve its membership with the opportunity to perform challenging wind ensemble literature and to creat the opportunity for the conductor and musicians to grow their collective musical talents.

Contact: geneseevalleywindensemble@gmail.com

GCC announces winners of student poetry contest

By Howard B. Owens

Press release:

"Time" magazine recently quoted Poet Laureate Tracy K. Smith as she talked about the value of poetry in our world today.

She said, "Poetry requires us to be humble and beholden to something other than our own opinion. That's important. There's too much in our 21st century lives that is telling us we're the most important thing, that our initial gut reaction is incredibly valuable and not vulnerable, and that our opinions as consumers are more important than just about anything else about us.

"A poem says 'No, no. You have feelings. You have fears. You have questions. Let's get back to the voice and the vocabulary of being human.' "

The annual student poetry contest at Genesee Community College is designed to do just that -- to encourage and reward students for their abilities to express their feelings, fears, questions and voices through poetry.

For the 17th year, the poetry contest illuminated the unique and impressive talents of GCC's students. On Tuesday, April 17, the six winning students were honored at an awards and recognition ceremony in the Alfred C. O'Connell Library where they each received a certificate, gift card, and a journal to encourage them to continue their writing.

The 2018 Student Poetry Contest winners, awarded by a panel of six judges, included:

Body of Work: Committee's Choice -- Catherine McCabe-Strong, of Rochester

McCabe-Strong is in her final year of Paralegal Studies at GCC. She is a repeat winner of the Student Poetry Contest.

Body of Work: Director's Choice -- Cameron Kowalczewski, of East Aurora

Kowalczewski began at GCC in 2016 as an Accelerated College Enrollment (ACE) student and has since graduated high school and is now pursuing an associate degree in the Social Sciences with a concentration in English at GCC.

1st Place -- Nicole Favata, of Dunkirk

Favata is a Fashion Design student at GCC. Favata submitted a poem in spoken word format and the transcript is available on the Poetry Contest Web page.

2nd Place -- Raxel Piper, of Oakfield

Her second-place winning poem is entitled "The Perfect Woman."

3rd Place -- Mackayla Poorman, of Farmersville Station

Poorman is pursuing an Associate Degree in Liberal Arts at GCC's Arcade Campus Center and plans to transfer to a four-year college for writing and to minor in Theater. Her creative poem format was inspired by several of her favorite authors; Maggie Stiefvater, Jennifer Niven and Jonathan Safran Foer.

Honorable Mention honors -- Gabrielle Rozanski, of Avon, for her piece, "Tomorrow."

The entire works of these students can be found onGCC's Alfred C. O'Connell Library Poetry Contest Web page.

"Our students have many responsibilities between their studies, clubs, sports, jobs and families that demand their time and attention," Assistant Professor and Reference Services Librarian Cynthia Hagelberger said.

"We are thrilled to see so many of them putting in the extra effort it takes to enter the poetry contest each year. The library is proud and honored to offer a program that provides students with a public forum to celebrate their writing skills and creativity."

Le Roy wins Communities for Music Education award

By Howard B. Owens

Press release:

The NAMM Foundation has designated Le Roy Central School District as one of the 2018 Best Communities for Music Education in the country.

This national designation is awarded to districts that demonstrate outstanding achievement in efforts to provide music access and education to all students. Le Roy is one of 538 districts across the nation receiving the prestigious award in 2018.

Congratulations to the Le Roy music teachers, administrators, students, parents and community leaders on this distinguished designation!

Le Roy has received this designation 12 out of the last 13 years and continues to thrive in providing music education through many opportunities throughout the district. The program supports more than 300 students in chorus and more than 200 students in band throughout our district offering performance ensembles in both vocal and instrumental for students in grades 4-12 as well as a competitive marching band. Annually, the program produces a sixth-grade musical and a Jr.-Sr. High musical. In the classroom general music and a variety of Sr. High electives are also offered each year.

Merritt Holly -- Le Roy superintendent: "Our entire Le Roy Central School District is proud to be recognized again as a 2018 Best Communities for Music Education.  This prestigious honor signifies the continued dedication and passion our teachers and students have to excel in music education. Congratulations to our administrators, teachers, students, parents, and community for supporting each other in achieving this wonderful accomplishment!"

Carol Messura -- Wolcott Street School principal: "On behalf of Wolcott Street School, we CONGRATULATE all the students, staff members, and parents for being named a Best Community for Music Education once again! This recognition is well deserved and demonstrates the unwavering commitment to excellence that the music department continues to uphold. From kindergarten through 12th grade, the seeds of collaboration and perseverance grow in our students which allow them to flourish into the future. The sky's the limit!"

Tim McArdle -- Jr.-Sr. High School principal: "We are so proud of all of our music students and staff who year in and year out produce high-level performances on our stages, in the pit, in competition, and on the field across many places throughout the region. The relentless efforts of our music boosters, families and supporters help create a synergy that propels our program to new heights each year. The music program is one of the many aspects of our district that makes being an Oatkan Knight so special!"

Matt Nordhausen -- Le Roy Music Department chair: "We are humbled to once again receive this wonderful distinction, which casts a national spotlight on what all of us in this Le Roy community already knew; that the parents, teachers, school administration, board of education and members of this community work together tirelessly to provide a multitude of first-rate musical outlets and educational opportunities for the growth and benefit of our children."

Collins says 9-1-1 fees being diverted by New York from intended use

By Howard B. Owens

Press release:

The State of New York knows better than most the importance of 9-1-1. When disaster strikes, New Yorkers depend on a fully functional, responsive 9-1-1 emergency communications system. And, after the September 11, 2001 attack, it was the New York firefighters and police officers who called on Congress to provide dedicated spectrum to public safety and additional funds to migrate these systems to next generation 9-1-1, which will allow public safety officials to receive real time location information, live video feeds, and much more.
 
Ironically, the very funding that New York and many others fought for in Congress as part of the Middle Class Tax Relief and Job Creation Act is not available to New York. That is because a provision in the law prevents states that divert 9-1-1 fees collected from consumers on their phone bills for other purposes from receiving these federal funds. The thought being, if the state is not prioritizing its 9-1-1 system, the federal government should not contribute its scarce funding that would allow for more diversion.
 
Unfortunately, New York has been found by the Federal Communications Commission to be a diverter of 9-1-1 fees every year since the Commission began collecting this information in 2009. Each state is responsible for its own 9-1-1 system, which typically includes public service answering points (PSAPs), otherwise known as the 9-1-1 call center, and personnel.
 
States fund these services through a fee on consumers’ phone bills. According to data provided to the Commission, the average 9-1-1 fee from wireline services is $1 per line per month and the average 9-1-1 fee on wireless phone bills is $0.92 per line per month. In New York, the state collects $1.20 for each mobile device – one of the highest in the nation.
 
Each year the Commission submits information on state 9-1-1 fee diversion practices to Congress. The goal being that this name and shame role of the federal government will pressure states to prioritize 9-1-1 funding and ensure that money they collect from their consumers is going where it should be going. This approach appears to have led to recent successes in states like Rhode Island and New Jersey – both of which are considering legislation to end their fee diversion practices.
 
Perhaps New York did not like this notoriety because this year the state refused to even submit data to the FCC. Despite this, the Commission found in its Report to Congress that based on sufficient public record information and the state’s previous history, it still could conclude that New York diverts funds for non-public safety uses. In fact, under state law, New York diverts approximately 41 percent to its General Fund. And, according to state tax records, in 2016, New York collected more than $185 million from the state’s 9-1-1 fee, but only dedicated $10 million in support of the state’s PSAPs.
 
Unfortunately, this practice has real world consequences for the citizens of New York. The Associated Press recently reported that New York is the only Northeastern state with serious service gaps in rural areas, which is of particular concern for many parts of Western New York. This article also estimated that the state needed $2.2 billion to fully upgrade the state’s 9-1-1 system. With a shortfall like this, one must wonder why the state would risk falling further behind by prioritizing funding for the General Fund rather than 9-1-1 services.
 
On Friday, we will travel to the Niagara County Emergency Management Office to see firsthand the great work that they do to respond to the emergency needs of Western New Yorkers and how New York’s 9-1-1 fee diversion practices are affecting PSAPs in rural areas. Our message will be clear: New York’s diversionary tactics must stop. If the state doesn’t act, we will have to explore ideas at the federal level to bring an end to this practice once and for all.

Family of murder victim located

By Howard B. Owens

At a press conference this morning (photo), officials with the Sheriff's Office asked for the public's help in locating the family of murder victim Sherri Colleen Butler and this evening investigators announced next of kin of been located and notified of Butler's death.

The 58-year-old woman was found dead Monday morning in her room at the Sunset Motel in Batavia, the victim of blunt force trauma to her neck.

The suspect remains at large.

Investigators are still seeking the public's helping in solving the murder case. Anybody with any information that might be helpful are encouraged to call (585) 343-5000.

Previously: Investigators trying to locate family of murder victim Sherri Colleen Butler

Possible serious injury accident reported on West Main Street, Corfu

By Billie Owens

A two-car crash is reported at 58 W. Main St. in Corfu and there are possibly serious injuries. Corfu Fire Department and Mercy medics are responding. A first responder on scene says one lane is blocked and one person is still inside one of the vehicles.

UPDATE 5:13 p.m.: Mercy Flight #8 out of Batavia is on ground standby.

UPDATE 5:15 p.m.: Corfu command asks law enforcement to stop traffic at Route 33 and Prospect Street. A second ambulance is en route. Mercy Flight is called to land at the Intermediate School parking lot at 58 Alleghany Road, Corfu. A Corfu fire crew is responding to the school to serve as ground contacts.

UPDATE 5:23 p.m.: The patient inside the vehicle has been extricated and is being put inside the ambulance.

UPDATE 5:25 p.m.: A third ambulance, from Darien, is called to the scene; serious injuries confirmed. "Per Squad One canceling Mercy Flight."

UPDATE 5:28 p.m.: The Corfu fire crew called to the school is rerouted to the scene, which is east of Fieldcrest Drive.

UPDATE 5:31 p.m.: Sheriff's deputies will be shutting down Crittenden Road in Erie County, and Genesee Street at Route 33 and at Route 77 to conduct an investigation.

UPDATE 5:37 p.m.: Crittenden is closed at Genesee Street in Erie County.

UPDATE 5:43 p.m.: Four patients are being transported to ECMC.

UPDATE 5:50 p.m.: Fire Police are also closing traffic at Lake Road, Fargo Road and County Line Road.

UPDATE 6:25 p.m.: A total of three vehicles were involved in this accident, including a pickup truck.

UPDATE 6:53 p.m.: Genesee County Undersheriff Gregory Walker said the preliminary investigation indicates that a gray Hyundai Sonata traveling at a high rate of speed was eastbound on Route 33 when it rear-ended a gray Honda that was also eastbound on 33. The Honda then struck a westbound black pickup truck. The four patients (three drivers and one pickup truck passenger) were all taken to ECMU, three for evaluation of non-life-threatening injuries. The driver of the Honda that was rear-ended has serious injuries, which is why there were road closures and the Crash Management Team was called out to investigate. The Sonata driver is described as a male from North Carolina in his mid-20s. He will be charged; speed and alcohol are believed to be factors in the accident; also marijuana was allegedly found in the Sonata, Walker said.

UPDATE, Thursday, April 19: The seriously injured driver of the 2009 Honda has been identified as James M. Hoskins, of Corfu. The driver of the 2008 Hyundai Sonata which rear-ended the Honda is Jacob J. Szumigala, of Oakfield. The pickup truck was driven by Gerald D. Sanders; Lynn Sanders was the passenger; both occupants of the truck live in Batavia.

Szumigala was allegedly driving under the influence of alcohol and drugs. He's been charged with DWI. Several charges are pending completion of a toxicology report and additional investigation. 

UPDATE 3:08 p.m.: Hoskins is listed in fair condition at ECMC.

Magic convention convenes in Batavia in a week

By Billie Owens
Press release:
 

Batavia will once again host the “Original Close-Up Magic Convention” Obie’s 4F convention. This very prestigious gathering draws close-up magicians from 21 countries all over the world. While the first event was held in 1971, Batavia has been the host location for the last 20 years.

The Genesee County Chamber of Commerce has been assisting conference planners with their visit, providing dining guides, visitor coupons and the area visitor guide. The estimated economic impact for this five-day event is $86,000 being left in our community.

The Quality Inn in Batavia is the host location for the more than 250 people that arrive Wednesday to Sunday, April 25-29. This “by-invitation-only” convention will also honor Rocco Silano, an American born, award-winning magician who has appeared on many television shows.

Obie Obrien is the founder of the convention and has an impressive resume filled with not only numerous awards in magic, two master's degrees; but also experience playing, coaching and refereeing several sports, including being an official scorer at the 1980 Olympic Games.

The convention kicks off on Wednesday evening and carries through Saturday with lectures, classes, and shows. The majority of the guests are picked up by shuttles from the Buffalo and Rochester airports and brought here. Once in Batavia, they will travel on foot and by taxi to explore the area.

On Sunday April 29, the Magician’s Alliance of Western New York (MAWNY) has a one-day convention at the Quality Inn Batavia. This event is open to the public; magicians may register in advance for the show and the show itself is open to everyone. Doors open at 6:10 p.m.; adults are $13; and age 12 and under are $10. More information is available at www.mawny.org.

Fire alarm in apartment on State Street, Batavia

By Howard B. Owens

City fire is responding to 146 Bank St. for a fire alarm where the caller is blind, hears the alarm and smells smoke.

The resident has gotten out of the residence.

All other occupants are out.

UPDATE 12:57 p.m.: Fire arrived on scene and no evidence of fire nor could they find the caller. Dispatchers called the caller back. City fire is rerouting to 146 State St.

UPDATE 12:59 p.m.: Light smoke coming from the residence.

UPDATE 1 p.m.: Smoldering rag found in the kitchen. Ventilating. 

Investigators trying to locate family of murder victim Sherri Colleen Butler

By Howard B. Owens

Investigators have been unable to locate the family of Sherri Colleen Butler, the woman found dead two mornings ago in a room at the Sunset Motel on West Main Street Road, Batavia, so they released her name today in the hope somebody will see it and contact them with more information about her.

As far as investigators know, Butler has been living at the Sunset Motel since the January 2014 when deputies first had contact with her.

She has a record of prior law enforcement contacts in Rochester.

Not much else is known about here, said Undersheriff Gregory Walker during a press conference this morning.

Butler is described as a white female, age 59.

She was last seen alive Friday or Saturday.

Emergency dispatch received a call at 11:57 a.m. Monday of an unresponsive woman in a room at the motel. One of the motel's owners, Kevin Bezon, went to check on her because she hadn't been seen in a couple of days.

Sgt. Ron Meides was the first officer on scene and he immediately determined Butler was dead and the circumstances of her death seemed suspicious.

A medical examiner has ruled her death a homicide. The cause of death was "blunt-force trauma to the carotid artery."

Chief Deputy Jerome Brewster said Butler had no other serious injuries. He would not say whether there was evidence of a related crime, such as robbery or sexual assault. 

There was no drug paraphernalia in the room.

There was no sign of forced entry. 

Brewster said no information will be released at this time on whether there is a suspect or suspects.

“It’s hard to assume whether it was somebody she knew or not,” Walker said.

Like all the residents of the motel, Butler paid her rent on a weekly basis. Co-owner Lynn Bezon said Butler always paid her rent on time and was a pleasant resident.

"She was a sweet lady," Bezon said.

Butler's prior police contact did include an arrest, according to available information. She was arrested in May 2014 for harassment, 2nd, and trespass. She was arrested in July 2014 on a warrant for criminal contempt.

Homicides remain rare in Genesee County. The most recent cases include the last one on Dec. 1, 2015, when Kyle Johnson killed Norman Ball on Selden Road in Le Roy. In December 2014, Baby Chandler died of head trauma and Jeffrey L. Deats was charged with manslaughter. A few days later, Deats took his own life while in custody. In 2009, Scott Doll killed Joseph Benaquist in Pembroke.

The unsolved murders in the county include Bill Fickel, Annie Lee, Eddie Freson and Kisha Sullivan.

Asked how he thought this case might be a hard case to solve, Brewster said, "I never go into one thinking I’m not going to win."

Solving the Butler case though may hinge, Brewster said, on the cooperation of people who aren't normally comfortable talking with the police.

"Because she lived in a motel unit and paid week-to-week, she would have been in contact with people that are similarly fixed and sometimes these people don’t really communicate with the police," Brewster said. "We’re hoping that when they realize this woman has been murdered that they may decide step outside themselves and help the police for once. They could be a big help to us if they decide to come forward."

Once all the evidence is in, DA will face decision on whether to have Log Cabin shooting case reviewed by grand jury

By Howard B. Owens
      Keith Kent

In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.

Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.

A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.

State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.

Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.

Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.

"I'm not holding back," Friedman said. "I have not decided which way we go between those options."

He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.

"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.

The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.

Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable. 

One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.

At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.

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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."

Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.  

"He's doing as well as expected under the circumstances," Walker told the county legislators.

Progress being made in preparing for 2018 Batavia Muckdogs season

By Howard B. Owens

Bad weather is delaying the start of field repairs at Dwyer Stadium according to Muckdogs General Manager Dave Chase while other preparations for the 2018 New York Penn League season, which opens June 18, remains a work-in-progress.

There is a new phone number for the Muckdogs: (585) 483-DOGS (3647).

Today, new computers should arrive. Wi-Fi, with broadband from Empire Access, is working.

Ticket sales should begin around May 1.

Chase said staff has been working with Wilson Sporting Goods on new uniform jerseys (one red and one black).

Currently, field work is scheduled to begin Monday, provided there is a solid break in the weather, and should be completed in five to seven working days.

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