Darien

Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein are prepared to meet with the Darien Town Board over what they say is a “misunderstanding” about the practice of including the Medicaid portion of the tax rate on the annual county tax bill.

The situation was brought to the legislature’s attention via a letter dated April 7 from the Darien Town Board on behalf of a longtime Darien Center resident who objected to having to pay $2.90 per thousand of his assessed property value toward the county’s state-mandated Medicaid costs.

The resident wrote to the town board, bemoaning the fact that he was charged $782.14 in taxes for Medicaid, this coming on top of the $340 per month that he and his wife already have deducted from their Social Security checks for Medicare.

In the letter, he suggested that instead of taxing property owners “for other persons’ Medicaid,” the county could raise the sales tax rate slightly from the current 8 percent (of which 4 percent stays in the county) to cover the cost.

The town board, in turn, drafted its letter – supporting the resident’s viewpoint.

“As most County Taxpayers, he (the resident) and his wife do not use the programs offered such as HEAP, SNAP, free medical insurance, rent subsidy, over-the-county general use cards, etc.,” the letter states. “(As the expense is applied to property owners only), this burden is not shared equally by all county residents.”

The town board’s letter indicates a sales tax increase from 4 to 4 ½ percent would generate approximately $3.1 million per year “and these funds would be dedicated to stabilizing the Medicaid tax bill.”

At Wednesday’s Ways & Means Committee meeting, Landers and the legislature addressed the resident’s concerns and the Darien Town Board’s letter and accompanying resolution that authorized mailing it to county officials.

Landers noted that the county has broken out the Medicaid share of the tax rate on its annual bill since 2004 – doing so for informational purposes.

“The county tax bill is broken up into two lines,” Landers said. “It really is the total dollar amount – the whole levy in taxes and then we have a line broken out separately for the piece that is attributable to Medicaid. This was done purely as a message to taxpayers to understand how much of their property taxes are going towards Medicaid.”

He said that each year the county uses the same formula to figure out the mandated Medicaid expense.

Landers then pointed out that the county’s 2022 tax rate was flat (at $9.16 per $1,000, which includes the $2.90 per thousand Medicaid tax) “because you remember the rates have been dropping as assessments are going up.”

“I think it’s more or less just a misunderstanding of the way our tax bill is (displayed). It’s purely informational only,” he said, noting that the real property tax office could break the rate out “into a 100 different items but that would become more complex.”

Furthermore, the county doesn’t have the authority to raise the sales tax rate, Landers said.

Ways & Means Chair Marianne Clattenburg put it another way, stating, “The idea (of placing the Medicaid portion on the tax bill) was to show the taxpayers that if we didn't have this Medicaid mandate on our backs, this is what your taxes would be.”

“If they just look at that other number ($6.25 per $1,000 of assessed value), that's where they're getting their police, their EMS (Emergency Management Services), their roads, their bridges -- everything that we do in the county is that other item, and that Medicaid is a New York state mandate,” she explained.

Clattenburg acknowledged the “misconception” has grown from one citizen to the entire Darien Town Board, “which is under the impression that we have a control over that number, which we don't.”

After several more minutes on the topic, legislators decided to respond to the town board, starting with a letter and following that up by having Landers and Stein attend a board meeting in Darien in the near future.

Legislator Brooks Hawley agreed with that, saying, “I think it would be better if it was face-to-face instead of sending letters back and forth. It could be misconstrued.”

North Darien Bible Church sponsored an Easter Egg Hunt this morning on church grounds.

Raven M. Spikes, 20, of Batavia, is charged with unlawful dissemination of intimate images. Spikes allegedly posted a video of sexual conduct on social media at 5 p.m., March 20. She was issued an appearance ticket.

James R. Tillery, 49, of Batavia, is charged with criminal mischief 4th. Tillery is accused of damaging property at a restaurant on East Main Street, Batavia, at 8:25 p.m., March 28. He was issued an appearance ticket.

Gary Philip Castronova, Jr., 36, of Dewitt Road, Webster, is charged with criminal possession of a controlled substance 7th, unlicensed driver, aggravated unlicensed driver 3rd., and insufficient turn signal. Castronova was stopped at 8:05 p.m., April 8, on East Main Street, Batavia, by Deputy Ayrton Blankenberg. He was issued an appearance ticket. Also charged, Heather Nicole Holbrook, 36, of East Main Street, Batavia. She is charged with criminal possession of a controlled substance and driving with no seat belt. 

Justin Michael Conner, 29, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding, and failure to yield for an emergency vehicle. Conner was stopped at 12:46 a.m., April 9, on Clinton Street Road, Batavia, by Deputy Morgan Ewert. He was released on appearance tickets.

Carrie L. Hensley, 44, of Batavia, is charged with unauthorized use of a motor vehicle. Hensley allegedly refused to return a vehicle to its owner after borrowing it on April 2. She was issued an appearance ticket.

Jacob L. Hernandez, 27, of Batavia, is charged with obscenity 3rd. Hernandez allegedly sent lewd images of himself to another person at 8:20 a.m., March 31. He was arrested by Batavia PD on the charge after a Sheriff's deputy tried to arrest him on a bench warrant and Hernandez allegedly fled on foot into a wooded area where he was later detained. He then turned himself over to Batavia PD. He was ordered held on bail on the new charge as the charge related to the warrant.

Marie I. Frye, 57, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Frye is accused of punching another person at 8:03 p.m., March 26, while a child was in the room. Frye was arraigned in City Court and released.

Joseph W. Freeman, 37, of Batavia, is charged with failure to stop at a stop sign and obstructing governmental administration. Freeman allegedly fled from police on his bicycle at 4:44 p.m., April 3, during an attempted traffic stop. He was released on an appearance ticket.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 1st. Siminski is accused of contacting a person at 3:20 p.m., March 29, he was ordered by a court not to contact. He was arraigned in City Court and ordered held on $10,000 bail, $20,000 bond, or $40,000 partially secured bond.

Gina M. Olszewski, 29, of Batavia, is charged with DWI. Olszewski was arrested by a Batavia patrol officer following an investigation initiated at 8:28 p.m., March 28, into a possible criminal mischief at a local business. Olszewski was released on traffic tickets.

Nancy L. Lawrence, 69, of Batavia, is charged with soliciting alms on a public street. Lawrence was arrested following a complaint of a person begging for money on Alva Place, Batavia, at 11:30 a.m., March 29. She was issued an appearance ticket.

Matthew W. Kurtz, 52, of Batavia, is charged with criminal contempt 2nd. Kurtz allegedly had a third-party contact a person he was prohibited from contacting by an order of protection. He was issued an appearance ticket.

Jolene Y. Stevens, 33, of resisting arrest and obstructing governmental administration 2nd. Stevens is accused of fighting with police when officers attempted to arrest her ona warrant at 12:03 p.m., March 4. Stevens was arraigned in City Court and released.

Robert J. Ritchey, 58, of Oakfield, is charged with two counts of criminal sex act with a child less than 11 years old 1st, three counts of forcible touching, three counts of sex abuse 1st, and three counts of acting in a manner injurious to a child. Ritchey was charged following an investigation by State Police after a report was made at 1:17 p.m., April 5. He was ordered held in jail. No further information was released.

Lori A. Green, 59, of Batavia, is charged with petit larceny. Green is accused of stealing something in the Town of Batavia at 2:21 p.m., April 9. She was issued an appearance ticket.  No further information was released by State Police.

Jared C. Kostrewa, 28, of North Tonawanda, is charged with felony DWI and felony driving with a BAC of.08 or greater. Kostrewa was stopped by State Police at 2:23 a.m., April 8, in the Town of Darien. She was released on an appearance ticket.

A residential chimney fire is reported at 2274 Chick Road, Darien.

The house has been evacuated.

Darien Fire and Mercy EMS responding.

Alexander also requested to the scene.

Press release:

Theme and Water Park Complex Seeks 200 Lifeguards and Ride Attendants for 2022 Season

WHAT:
Six Flags Darien Lake will host a spring hiring event on April 9 from 11 a.m. to 4 p.m. at the Six Flags Darien Lake Hotel. The theme park complex plans to fill 1,500 positions for the 2022 season including 200 lifeguards and ride attendants. The park is making the application, hiring and training process for team members faster and easier than ever before. Candidates can gain immediate interviews and land thrilling jobs the same day in more than 10 diverse departments including ride attendants, lifeguarding, food service, games, admissions, and retail in preparation for Six Flags Darien Lake’s opening on May 27.

WHO:
Most positions are available to persons 16 years of age and older; however, the park does have a select number of positions available for 14- and 15-year-olds.

HOW:

• Simply text the word “JOBS” to 585-207-8400; or
• Complete a job application at www.sixflags.com/darienlake/jobs; or
• Visit the Six Flags Darien Lake Human resources office in person Monday to Friday from 10 am to 4 pm
• Applicants with employment-related questions can call 585-599-5108  

For more information on Six Flags Darien Lake and Hurricane Harbor, visit www.sixflags.com/darienlake

A car-deer accident with injuries is reported in the rea of 2339 Broadway Road, Darien.

Darien Fire and ambulance responding.

UPDATE 5:42 p.m.: A Mercy EMS ambulance dispatched for a patient with facial injuries.

UPDATE 5:48 p.m.: The injuries are minor and bleeding is controlled.

Fletcher M.  Royce, 33, of Dunham Road, Varysburg, is charged with criminal possession of a  controlled substance 3rd, driving while impaired by drugs, and DWI. Royce was located on Galloway Road in Pembroke after deputies received a suspicious condition complaint at 2:24 p.m., Sept. 17, and taken into custody by Deputy Trevor Sherwood and Deputy Erik  Andre. 

Jesslyn Faustine Bigelow, 25, of West Main Street Road, Batavia, is charged with harassment 2nd.  Bigelow is accused of harassing another resident of the apartment complex at 3727 West Main Street Road, Batavia.  Bigelow was issued an appearance ticket.

Cole Ryan Booth, 31, of Blasdell, is charged with criminal mischief and petit larceny. Booth is accused of damaging a vehicle and stealing its license plates in the parking lot of Darien Lake on Aug. 14.  He was arraigned in  Darien Town Court and released on his own recognizance. 

Alex Dumbleton, 28, of East Main Street, Batavia, is charged with attempted assault 2nd. Dumbleton,  being held at the Genesee County Jail on prior charges, allegedly attempted to kick a corrections officer.  Dumbleton was issued an appearance ticket.

Brock Orion Doberstein, 28, of Cattaraugus, is charged with criminal mischief 2nd and petit larceny. Doberstein allegedly damaged a vehicle and stole its license plates on Aug. 14 while at Darien Lake. He was arraigned in Darien Town Court and released on his own recognizance.

Kyle Allen Hawley, 31, of East Main Street, Batavia, is charged with endangering the welfare of a child. At approximately 3:38 a.m., Aug. 26, while at a residence on Spring Street in Bergen, Hawley allegedly overdosed on a narcotic analgesic while in the presence of a child less than 17  years old.  Hawley was reportedly revived by medics with the use of Narcan and transported to a local hospital. He was released on an appearance ticket.

Dean M. Conboy, Sr., is indicted on two counts of attempted aggravated assault upon a police officer, two counts of menacing a police officer, attempted assault in the second degree, unlawful imprisonment in the first degree, two counts of criminal possession of a weapon in the fourth degree, resisting arrest, and menacing in the second degree.  On June 11, 2021, Conboy allegedly threatened police officers and intended to cause serious injury to police officers using a dangerous instrument. He also allegedly restained another person and exposed that person to the risk of serious physical injury. He allegedly possessed a knife during these incidents.

Andrew C. Aldrow is indicted on counts of felony DWI, refusal to submit to a breath test, consumption of alcoholic beverages in a motor vehicle, and moving from lane unsafely. Aldrow was stopped on Feb. 26 in  the Town of Le Roy.

Stephen L. Hegel is indicted on two counts of grand larceny in the third degree and one count of grand larceny in the fourth degree. On Oct. 8, in the City of Batavia, Hegel allegedly stole property with more than $3,000.  On Oct. 22,  he allegedly stole property with a value of more than $1,000. On Oct. 14, he allegedly stole property valued at more than $3,000.

Jomaine D. Johnson, 38, of Lozier Street, Rochester, is charged with grand larceny 4th. Johnson is accused of finding and keeping a Samsun Galaxy S20 smartphone at Batavia Downs on July 8.  He allegedly pawned the phone the next day in Gates. He was issued an appearance ticket.

Delton Barrington Paul, 29, of Alleghany Road, Darien, is charged with petit larceny.  Paul is accused of stealing merchandise from Walmart in Batavia at 10:19 p.m, Tuesday.  He was released on an appearance ticket.

Lamar Torrain Gaynor, 23, of Alleghany Road, Darien, is charged with petit larceny.  Gaynor is accused of stealing merchandise from Walmart in Batavia at 10:19 p.m, Tuesday.  He was released on an appearance ticket.

Wesley N. Thigpen, 40, of Batavia, is charged with two counts of predatory sexual assault against a child following a sex abuse investigation by Det. Jason Ivinson. Thigpen is accused of a continuous course of conduct where he sexually abused two children while they were under age 13 in the City of Batavia between 2007 and 2016. Thigpen was arraigned in City Court and ordered held without bail. (Thigpen is currently in state prison serving a sentence on prior sexual abuse charges. Mugshot is from 2019.)

Nathan W. Stringer, 46, of West Linden Avenue, East Rochester, is charged with DWI, DWI with children in the vehicle (Leandra's Law), breath test refusal, moved from lane unsafely, and unlicensed operator.   At 9:28 p.m., Aug. 28, deputies responded to 8483 Alleghany Raod, Pembroke, for a report of a vehicle accident and a vehicle in a ditch.  Stringer was reportedly operating the vehicle and allegedly found to be intoxicated. There were four children in the car, all under age 15. Stringer was issued an appearance ticket.

Norman James Humel, 62, of Sumner Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed, moved from lane unsafely, failure to keep right, and refusal to take breath test. Humel was arrested following an investigation into a motor vehicle accident at 5:22 p.m., July 19, on Read Road in Pembroke by Deputy Kyle Krzemien. Humel was released on an appearance ticket.

Zachary S. Natale, 28, of Beacon, is charged with grand larceny 4th and burglary 2nd. Natale was charged with a burglary on Elm Street in May 2017.  He is currently in prison at Fishkill Correctional Facility on unrelated charges. He was ordered held without bail.

Joseph D. Turner, 39, of Albion, is charged with harassment. Turner was arrested on a warrant. He was arraigned in City Court and released on his own recognizance.

Eric P. Doleman, 51, of Pembroke, is charged with petit larceny and criminal possession of a forged instrument 1st. Doleman is accused of knowingly using a counterfeit $100 bill at a local business. Doleman was arraigned in City Court and ordered held without bail.

Rhonda L. Reisman, 49, of Batavia, is charged with criminal contempt 2nd. Reisman allegedly failed to comply with a court order. She was issued an appearance ticket.

Brian P. Griffin, 36, of Batavia, is charged with criminal obstruction of breathing, attempted assault 3rd, and endangering the welfare of a child. Griffin is accused of getting into a physical dispute with a juvenile on Ellicott Place at 4 p.m., Aug. 18. Several other children were allegedly in close proximity to the incident. Griffin was arraigned in City Court and ordered held on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Alyssa J. McKenzie, 23, of Batavia, is charged with harassment 2nd. McKenzie is accused of punching another person in the face on Aug. 23. She was issued an appearance ticket.

Andre L. Bryan, 42, of Batavia, is charged with harassment 2nd. Bryan is accused of striking a Batavia police officer in the face during an incident on Aug. 24 on East Avenue. He was issued an appearance ticket.

Michael J. Robbins, 61, of Batavia, is charged with petit larceny and criminal possession of a controlled substance. Robbins was allegedly found in possession of stolen property after an investigation into a larceny on East Main Street, Batavia.  He was issued an appearance ticket.

Danielle R. Tooley, 36, of Batavia, is charged with bail jumping 2nd. She was arrested by State Police and released on her own recognizance. 

Abigail E. Button, 26, of Charlotte, N.C., is charged with assault 3rd and criminal mischief 4th. Button was arrested by State Police at 10:51 p.m., Aug. 28 in the Town of Batavia. No details of the incident were released. She was issued an appearance ticket.

Tzepheniah R. Maccabees, 21, of Buffalo, is charged with DWI.  Maccabees was stopped by State Police at 5:20 a.m., Aug. 22, in the Town of Batavia. He was issued an appearance ticket.

Shawnika D. Spears, 34, of Buffalo, is charged with identity theft 3rd. Spears was arrested by State Police at 2:21 p.m., Aug. 13, in the Town of Alabama. She was issued an appearance ticket.

Randy J. Dumbleton Jr., 38, of Rochester, is charged with felony attempted assault 1st, assault 2nd, criminal possession of a weapon 3rd, and obstructing governmental administration. Dumbleton is accused of being involved in an incident on Lake Street, Le Roy, on July 22. On that date, Le Roy police officers were dispatched to a reported stabbing. Upon arrival, police located a female victim who had been stabbed twice in the arm with a pointed weapon and suffered a glancing scrape in the abdominal area.  During the investigation, Dumbleton was identified as the alleged suspect and was located nearby and taken into custody after trying to hide in a nearby wooded area.  Dumbleton was arraigned in Le Roy Town Court and ordered held in lieu of bail. Dumbleton was also referred to the NYS Division of Parole for an alleged parole violation.

Antonio Santiago, Jr., 43, of Ferndale Crescent, Rochester, is charged with harassment 2nd. Santiago allegedly punched and pushed a companion while at Darien Lake Theme Park at 5:55 p.m., Aug. 24.  He was arraigned in Town of Pembroke Court and released.

Andrea Ilene Kinnaird, 48, of Penn Mills Avenue, Weston Mills, is charged with attempted grand larceny and grand larceny 4th.  Kinnaird was arrested at 2:08 p.m., Aug. 24, at Darien Lake Theme Park by deputies Jonathan Dimming and Eric Meyer. No details of the alleged crime were released. Kinnaird was arraigned in Town of Darien Court and released on her own recognizance.

Antonio Santiago, 43, of Ferndale Cresent, Rochester, is charged with reckless endangerment 2nd and attempted assault 2nd. Santiago is accused of spitting in the face of a deputy who was attempting to obtain information from Santiago during a complaint at Darien Lake Theme Park at 5:56 p.m., Aug. 24. Santiago was arraigned in Town of Pembroke Court and processed at the Genesee County Jail. 

This afternoon’s approval of a new sales tax allocation agreement with the City of Batavia – a move that clears the way for the annual distribution of $10 million in sales tax revenue to Genesee County towns and villages – was a significant moment in the eyes of County Legislature Chair Rochelle Stein.

So significant, in fact, that she marked the occasion with a resounding swing of her gavel on its wooden block.

“I’m excited (by this),” she said after legislators unanimously passed the “Modified Amended and Restated Sales Tax Allocation Agreement Between the County of Genesee and the City of Batavia.”

Stein, no doubt, also was relieved that lawmakers passed this and a subsequent, connected resolution ratifying the Town of Darien’s willingness to enter into an “Amended and Restated Water Supply Agreement” with the county.

On the first resolution, the sales tax allocation agreement between the city and county doesn’t change, but it does add wording statilng that the city has no objections to the county’s plan to distribute $10 million in sales tax money collected on a yearly basis to the towns and villages for the next 38 years.

The second resolution was made possible when the Darien Town Board, on Wednesday night, voted to sign a new water supply agreement with Genesee County. Darien was the last municipality to opt in and, by doing so, enables the county to share the full $10 million in sales tax and not a combination of sales tax and other revenue.

The new water supply contract – it’s the same for all municipalities – gives the county the right to raise the surcharge on water usage beyond the 60-cents per 1,000 gallons level, but also requires the county to petition the Monroe County Water Authority in seven years to enact an equalized water rate throughout the county.

“Sharing the $10 million was the goal of this legislature,” Stein said, as she congratulated her colleagues on achieving that goal.

In other action, the legislature voted in favor of contracting with EFPR Group, CPAs, PLLC, of Williamsville, a consulting firm, for assistance in how to spend money received from the American Rescue Plan Act.

The contract is for up to $10,000 for the two years of the contract, which includes the option of three, one-year renewals. The cost will be paid from ARPA funds.

County Manager Matt Landers told legislators that the ARPA grant can be used to fund water and broadband projects, but there are “a lot of nuances” to the guidelines. He said EFRP has “extensive experience” in this area and is familiar with the process.

Landers also said he doesn’t think it will cost $10,000 in the first year, but probably closer to $5,000.

Previously: Darien opts in to water agreement after receiving assurances that county will pursue equalized rate

The Darien Town Board, in an “eleventh hour” meeting Tuesday night, unanimously passed an amended and restated water supply agreement with Genesee County that includes a stipulation that in seven years the county legislature will petition the Monroe County Water Authority to equalize water rates for all retail customers in the county.

Previously, the board had voted against opting in to the county’s revised water supply proposal, reasoning that the town (along with the Town of Pembroke and Village of Corfu) had been paying more for water than other municipalities all along and shouldn't have to face additional surcharges.

But, last night, after continued talks with County Manager Matt Landers – and receiving assurances that the county will move toward a unified water rate -- the board reconsidered, and joined the county’s other towns and villages by passing the resolution following a 35-minute discussion at the town hall.

The 5-0 vote came a day before the county’s deadline for municipalities to decide whether or not to opt in. The full legislature is expected to vote on the unified water supply agreement at a meeting this afternoon at the Old County Courthouse.

Darien Supervisor Steve Ferry Jr. said the agreement “is not pretty” and called it “a fix of something that we didn’t create.”

“They (legislature) created the problem and it seems like we’re the ones having to fix it,” he said.

Ferry and the town’s council members -- Michael Grant, David Krzemien, Timothy Benton and Michael Fix – said they didn’t agree with the county tying water supply agreements with sales tax distribution.

Several weeks ago, the county came up with an idea to share $10 million annually for 38 years in sales tax revenue with its towns and villages as long as all of the municipalities opted in to revised water supply agreements.

That looks as though that will happen now that Darien has opted in. The town stands to receive $970,942 annually for the 38 years in sales tax distribution.

Ferry said his board held out until it received something in writing that the county would take steps to ensure a unified, equalized water rate.

“It is not a strongly worded agreement, but it is an irrevocable resolution,” he said. “The other thing is that it kind of holds the legislature’s feet to the fire, although not as much as I wanted. But it does give us something to shoot for.”

He said the agreement is a good thing for the town, but for those in the five water districts, “they’re going to feel a 60-cent per thousand (gallons) hit.”

The Darien board was able to get the county to add a paragraph to the water supply agreement that states the following:

Notwithstanding any other provisions herein, at seven (7) years after the date of full execution of this Amended and Restated Agreement, the County Legislature shall adopt and submit to the Monroe County Water Authority an irrevocable resolution urging and recommending that the Authority equalize the water rates for all retail customers in Genesee County. Upon failure of the County to timely comply with this requirement, the surcharge rate shall automatically revert to the rate as per Paragraph 6 herein (60 cents) with no additional action needed by either party; provided further that this reversion to 60 cents for each one thousand gallons of water used shall not be applied retroactively.

Krzemien acknowledged that the revision was “a step in the right direction,” but wondered about the status of the town’s current agreement. Ferry said once they signed the new one, the other would be nullified.

Grant said he had problems with the word “timely” in the added paragraph.

“What does timely mean?” he asked. “Timely doesn’t mean (anything) to me. What is going to bind the legislature to follow through after seven years?”

Ferry said the county plans to shut down the City of Batavia water plant, which would pave the way for all municipalities to get their water from MCWA and allow the legislature to “take in the entire county and equalize the rate.”

“It’s not going to happen for six years; 2027 is the projected date of that happening,” he said, adding that equalization can’t happen unless the city and the Town of Batavia become retail customers like the other towns and villages.

Contacted this morning, Landers said the agreement with Darien is the same as every other contract, with the “minor change that will give better assurances to the Town of Darien that the county is going to follow through on what are plan ultimately is – an equalized retail MCWA rate throughout Genesee County.”

“That is something that we have long talked about what the future holds,” he said.

Landers said that in seven years, the county will request MCWA to create an equalized, countywide retail rate.

“Right now, there are different retail rates. Customers on the Western side of the county – Darien, Corfu, Pembroke – pay a higher retail rate because their water comes from Erie County. That’s the only difference there is in this agreement,” he explained.

He said he will be sending a letter out to the Towns of Darien and Pembroke and Village of Corfu.

“If the legislature passes this agreement, I am going to send out a letter, giving them 120 days’ notice as is required in the agreement,” he said. “We can’t raise the rate to $1.20 effective tomorrow. We have to give 120 days’ notification. The rate won’t take effect – that $1.20 – until after 120 days have passed.

“We did the same thing with the other agreements.  If we ever raise the rate above $1.20, we have to give 120 days’ notification for that as well.”

Landers said the county could act toward equalizing the water rate now, but it would be best to wait until city residents enter the retail customer pool.

“The shutting of the city plant and the addition of city retail customers into the pool make the overall rate go down, but it’s not a requirement. Technically speaking, we could go retail now without city customers included because they wouldn’t and they’re not retail customers of MCWA. You would just have the outer towns,” he said. “But it makes sense to equalize once you have more customers to bring the rate down. Once the city is a retail customer, that’s the bigger trigger -- whether the plant is closed or not.”

He said the plan is for that to happen within seven years as the county continues to bring in more water as part of Phase 3 of its Countywide Water Supply Project.

In the end, Landers said he appreciates the efforts of the municipalities on the West side of the county.

“I know that we didn’t always agree, but I appreciate the efforts that Steve and his board went through to consider this – along with the Town of Pembroke and Village of Corfu,” he said. “I’m glad we came to this resolution and, in the end, I think it’s better for everyone. I’m going to remain optimistic and positive.”

Photo: The Darien Town Board at its meeting last night, clockwise from left, Steve Ferry Jr., Deputy Clerk Gwen Yoder, David Krzemien, Timothy Benton, Michael Fix and Michael Grant. Photo by Mike Pettinella.

Press release:

Six Flags Darien Lake, The Thrill Capital of New York, is excited to announce an all-NEW Holiday tradition, the Magic of Lights drive-through experience. The theme park will be all decked out and shining bright this holiday season from November 18 through January 2, 2022. This 1.25-mile magical route winds guests through the park and campground from the comfort and warmth of their own cars. and will be overflowing with spectacular lighting displays that bring favorite holiday themes and characters to life.

“We are delighted to be extending our calendar into this magical time of year with this truly unique event. This new drive-through experience is sure to delight guests of all ages and help create fond, new memories for families and friends. We look forward to Magic of Lights becoming a holiday tradition at our park for years to come,” said Six Flags Darien Lake President Mark Kane.                                                 

Magic of Lights will run daily from November 18 through January 2, 2022 from 5:00 p.m. – 9:00 p.m. (Closed November 25, December 24 & 25)

The drive-through experience is FREE to all current Members and Season Pass holders. Season Passes for the 2022 season are now available and includes admission to this holiday event. Magic of Lights event tickets will be available to purchase this fall. More information can be found at sixflags.com/darienlake.

Submitted photos.

Bryan Lewis Fitts, 32, of Chestnut Ridge, Gasport, is charged with criminal possession of narcotics with intent to sell and two counts of criminal possession of a controlled substance with intent to sell. Fitts was allegedly found in possession of a sufficient amount of narcotics and controlled substances to suggest he intended to sell the illicit drugs after being ejected from the Luke Bryan concert at Darien Lake at 9:23 p.m., Saturday.  Deputy Jeremy McClellan reportedly spotted baggies of drugs hanging out of his socks.  He was arraigned in Town of Pembroke Court and released.

Aaron J. McFollins, 42, of North Spruce Street, Batavia, is charged with assault 3rd. At 1:18 a.m., June 4, McFollins is accused of throwing a chair at a woman causing an injury.  He was arraigned in City Court and released on his own recognizance.

Aaron J. McFollins, 42, of North Spruce Street, Batavia, is charged with grand larceny 4th, identity left 3rd, and petit larceny. McFollins is accused of taking and using another person's credit card.  McFollins was arraigned in City Court and released on his own recognizance. 

Larry Kennedy, 43, of Eastbrooke Lane, Greece, is charged with felony DWI, unlicensed operation, driving outside restrictions, driving without an ignition interlock device, and aggravated unlicensed operation. Kennedy was arrested by Batavia PD following an investigation into a suspicious condition at an undisclosed location on Aug. 8. He was released on his own recognizance.

Matthew Oppel, 34, of East Main Street, Batavia, is charged with driving while impaired by drugs, driving while using a portable electronic device, running a red light, and failure to keep right. Oppel on July 31 for an alleged incident at 7:37 p.m., March 20. Oppel was reportedly involved in a property damage accident on Main Street, Batavia. Following an investigation, Oppel was accused of driving while under the influence of drugs at the time of the accident.  He was issued an appearance ticket.

Laura R. Mroz, 32, of Chandler Avenue, Batavia, is charged with harassment 2nd. Mroz is accused of pushing another person on Aug. 7 at an undisclosed location.  Morz was issued an appearance ticket.

John K. Hobbs, 33, of Clinton Street Road, Batavia, is charged with menacing 3rd.  Hobbs allegedly threatened a woman and put her in fear of physical injury during an incident reported at 6 a.m., Aug. 13.  Hobbs was released on his own recognizance.

William G. Horner, 70, of Batavia, is charged with assault with intent to cause physical injury with a weapon, and Wendy L. Henry, 36, of Batavia, is charged with assault 2nd/injuring victim 65 or older.  Horner and Henry were arrested by State Police in connection with an incident reported at 8:39 a.m., Aug. 11, in the Town of Batavia. No further information was released. Horner was ordered held in jail and Henry was released on her own recognizance.

Jessica R. Parker-Sharkey, 28, of Rochester, is charged with criminal impersonation, criminal possession of a controlled substance 7th, and driving with a suspended registration. Parker-Sharkey was arrested by a trooper in connection with an incident at 3:20 p.m., Aug. 12.  No further information was released.  She was released on an appearance ticket.

Tyler J. Gasiorek, 27, of Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Gasiorek was stopped at 3:47 p.m., Saturday, in Bergen by a state trooper. He was released on an appearance ticket.

Patrick J. Reiner, 49, of Corfu, is charged with felony DWI and felony driving with a BAC of .08 or greater. Reiner was stopped by a trooper at 12:01, Sunday, in the Town of Pembroke. He was released on an appearance ticket.

David B. Kenjockety, 44, of Lockport, is charged with DWI and driving with a BAC of .08 or greater. Kenjockety was stopped by a trooper at 8:50 p.m., Aug. 13, in the Town of Darien. He was released on an appearance ticket.

Deborah M. Kreienberg, 62, of Pittsford, is charged with felony DWI and driving with a BAC of .08 or greater. Kreienberg was stopped by a trooper at 2:19 p.m., Aug. 13, in the Town of Bergen. She was released on an appearance ticket.

And then there was one.

The Pembroke Town Board on Thursday night voted, 5-0, to sign an amended water supply agreement with Genesee County, leaving the Town of Darien as the lone municipality not to opt in to a contract that would set the stage for $10 million in sales tax distribution from the county to its towns and villages over the next 38 years.

“We felt that it was more important to secure sales tax funding than to hold out on the water agreement,” Pembroke Town Supervisor Thomas Schneider Jr. said. “In good faith, we believed that it was best to mend some fences with the county.”

In a previous story on The Batavian, Schneider indicated there were some hard feelings over the way water agreements were handled in the past, but the current board is willing to give county leaders the benefit of the doubt – believing that the legislature will attain its goal of equalizing the water surcharge.

Schneider also said he talked to County Manager Matt Landers about the potential of “bumping up” the guaranteed sales tax money to be shared with the municipalities in light of the Village of Corfu (at the end of July) and Town of Pembroke opting in.

PEMBROKE MAKES COUNTEROFFER

“Hopefully, we are thinking that the $7 million in sales tax distribution could go to maybe eight or eight and a half million – based on having Corfu and Pembroke on board.”

Genesee County’s offer to distribute $10 million in straight sales tax revenue is contingent upon universal buy-in from its towns and villages.

Without that universal buy-in, the proposal is to distribute $7 million in annual sales tax revenue and an additional $3 million in other revenue on a periodic basis over the next 38 years.

Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Legislature Chair Rochelle Stein was asked if lawmakers would consider Schneider’s proposal to increase the guaranteed sales tax distribution.

Choosing her words carefully, she replied, “Here’s what I’m going to say: Let us do our work.”

“We have not met and we won’t until Monday. So, there’s a process that we follow and let us do our work. But, certainly, that suggestion is taken and welcomed.”

FIXING UNBALANCED TAX RATES

Currently, the county’s revenue sharing process has created a situation, per state law, where towns with villages inside them have to keep two separate books and have two separate tax rates – an A fund for townwide sales tax that affects everyone and a B fund for sales tax that only affects the services of taxpayers outside the village.

Stein said the legislature’s focus has been “to be able to direct that revenue sharing into the B funds of those towns and villages; that is our focus for this entire process. And, if we can find a way to get there together, that’s our goal.”

She previously explained that the $10 million figure that the county is committed to putting into the sales tax agreement would fix the unbalanced A and B tax rate.

When asked if she thought the Darien Town Board would change is mind and opt in, Stein said she that if it did reconsider, it would need to be mindful that the county has a timetable to adhere to “that is significant because our calendar has already started.”

The legislature’s Ways & Means Committee is expected to address the situation at its meeting this Monday, with the full legislature scheduled to vote on a distribution amount on Aug. 25.

“Plus, the City of Batavia has to do this at their meetings in September and the (New York State) Office of Comptroller needs 60 to 90 days and we already want to be able to distribute our third quarter payments (in October) as sales tax,” Stein advised.

“Time is not our friend right now,” she said. “But for those six towns that have the B funds or that have villages in their towns, it is truly meaningful for their more rural taxpayers to rebalance that property tax imbalance that is occurring right now for them.”

PURSUING WATER RATE EQUALIZATION

Landers said he was “happy” to learn that Pembroke passed the resolution.

“I know that they will be hopeful that the county as a whole, not just Genesee County but the towns, will remember this 5-0 vote when it comes time for the equalization of the retail water rate charged by the Monroe County Water Authority,” he said.

“The county can recommend an equalized retail rate and, again, I’m certain that Pembroke is hoping for a spirit of cooperation seeing that they agreed to sign this agreement because they know it is best for the county as a whole.  It is in everyone’s best interest to have an equalized rate because it allows for the free flow of water a little easier between the center and western parts of the county.”

Landers explained that the original agreements with towns and villages dating back to the early 2000s each had “little nuances in them,” with different considerations.

“When the county took over individual water systems, the county water fund would make some compensation sometimes for that,” he said. “For example, we paid off some of the debt of the Corfu water plant for that village. All of the amended water supply agreements that the county have undertaken over the last three or four years have been uniform; we wanted to make sure that they’re all the same.”

The new agreements allow for the county, with proper notification and justification, to increase the surcharge above 60 cents (per 1,000 gallons). The original agreements were frozen at 60 cents but since then, the later agreements raised it to $1.20 to pay for Phase 2 of the Countywide Water Supply Project.

CLEANING UP THE LANGUAGE

The county manager said one of the sticking points was the county removing erroneous language in the initial agreements that guaranteed supplying water to the municipalities.

“It’s erroneous in the sense that the Monroe County Water Authority, in our agreement with them, can’t guarantee us water; there are things that can happen,” he said. “It is difficult for us to guarantee something that’s not guaranteed to us.”

He said that changes had to be made “because we need water to pay for water.”

“When we go to Phase 3, 4, 5, 6 and 7 (of the Countywide Water Supply Project), if there needs to be an increase (in the surcharge) to pay for the debt service, there needs to be a way to pay for it,” he said, adding that 20- to 30-year cash flow projections – including the retirement of some debt service -- indicate that the surcharge should not increase that much, if at all.

Landers said that he continues to speak to Darien Town Supervisor Steve Ferry Jr. about his board’s decision.

“If Darien passed a resolution next week and they signed the water agreement, it is possible that the amount in the resolution on the floor of the legislature on August 25^th could be amended to be increased to $10 million,” he said. “I still have hope that we can find a path forward so that we can share the full $10 million in sales tax, and have everyone on the same water supply agreement.”

Asked if Ferry has sought concessions from the county, understanding that Darien has been paying more for water than other towns and villages, Landers would not go there.

“I don’t want to get into the subject of proposals back and forth,” he said. “I want all of that to be discussed between him and I, and our legislature and his board.”

Previously: Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28^th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13^th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

Kristin Renee Forte, 33, Alandale Avenue, Rochester, is charged with grand larceny 3rd, eight counts of offering a false instrument for filing 1st, and five counts of forgery 2nd. Forte is accused of omitting wages she earned while working when filing for SNAP benefits.  She allegedly received $3,767 in SNAP benefits she was no eligible to receive.   The case was investigated by Social Services Officer Robert Riggi.  Forte was arraigned and released on her own recognizance. 

Jay Daniel Lucas Schutt, 33, of South Pearl Street, Oakfield, is charged with harassment 2nd. At 11:30 p.m., Saturday, Schutt allegedly tackled and wrestled with another person on the ground at a location on South Pearl Street, Oakfield. Schutt was issued an appearance ticket.

(name redacted upon request), 24, of Cayuga Creek Road, Alden, is charged with evidence tampering, criminal possession of a weapon, criminal possession of a controlled substance, driving while impaired by drugs, and speed not reasonable and prudent.  xxxx was arrested following an investigation into a single-vehicle accident at 5:36 a.m., March 1, on County Line Road, Darien.  xxxx was allegedly found in possession of a controlled substance and a semi-automatic handgun.  xxxx was released on an appearance ticket.

Andrea Elizabeth Tucker, 23, of Payne Avenue, Tonawanda, is charged with harassment 2nd. Tucker is accused of making threats and hitting another person while at Darien Lake at 4:11 p.m., July 27.  She was issued an appearance ticket.

Dandre Bud Browning, 27, of Stevens Avenue, Buffalo, is charged with DWI, driving with a BAC of .80 or greater, and speeding. Browning was stopped at 12:03 a.m., July 25, by Deputy Zachary Hoy on Pearl Street Road, Batavia.

Angela Flowers, 50, no residence provided, is charged with criminal contempt 2nd for allegedly disobeying a subpoena by failing to appear in court. Flowers was issued an appearance ticket.

Kim Mobley, 58, no residence provided, is charged with petit larceny. Mobley allegedly stole multiple items from Save-A-Lot. She was issued an appearance ticket.

Antonio Goodson, no age provided, no residence provided, is charged with petit larceny. Goodson allegedly stole items from a local business on East Main Street, Batavia.  Goodson was issued an appearance ticket.

Jacqueline Hale, 33, no residence provided, is charged with assault 3rd.  Hale allegedly punched another person multiple times in the facing causing injury.  Hale was issued an appearance ticket.

Russell Blummer, 48, no residence provided, is charged with harassment 2nd. Blummer was arrested following a disturbance complaint on Thorpe Street at 9:58 p.m., Sunday.  Blummer allegedly punched a victim.  He was released on an appearance ticket.

Patrick Waite, 53, no residence provided, is charged with DWI and refusal to take a breath test. Waite was stopped at 6:05 p.m. at an undisclosed location in the City of Batavia by a police officer. Prior to the stop, police received a traffic offense complaint.  Waite was released following his arrest.

Nathan Royse, 29, no residence provided, is charged with menacing 2nd and criminal possession of a weapon. On Saturday, while on Willow Street, Batavia, Royce allegedly menaced another person with a real or imitation pistol.  Batavia PD was assisted by NYS Parole in the investigation. Royce was also charged with speed not reasonable, reckless driving, failure to stop at a stop sign, not wearing a helmet, and an uninspected motor vehicle.  Only 23, Royce was arraigned in Batavia City Court following an investigation into events that occurred July 19.  Royce allegedly fled from police in that incident. 

Ronnie Allen, 34, no residence provided, is charged with criminal mischief 4th and endangering the welfare of a child.  Allen was allegedly involved in a neighbor dispute at a location on South Main Street, Batavia. Allen is accused of breaking the door of a neighbor's residence.  He was issued an appearance ticket.

Matthew Olcott, 42, no residence provided, was arrested on a City Court warrant and held in County Jail on an unrelated warrant from the Sheriff's Office.

Francisco Martinez, 48, no residence provided, was arrested on a warrant for alleged failure to appear.  Martinez was arraigned and released on his own recognizance.  He is scheduled to appear on July 28 for sentencing.

Tommy Crawford, 32, no residence provided, is charged with criminal trespass 3rd and criminal impersonation.  Crawford is accused of entering and remaining unlawfully in a residence on Jackson St., Batavia, at 1:26 p.m., July 3, and he then provided police with a false name during the investigation.  Crawford was issued an appearance ticket.

Rosemary Waters, 35, no residence provided, is charged with criminal trespass and criminally possessing a hypodermic instrument.  Waters is accused of remaining unlawfully in a condemned residence on Jackson Street on July 3.  She was issued an appearance ticket.