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Plan for adopting new 'Raise the Age' rules still a 'work in progress'
Dealing with the state's new "Raise the Age" rule for handling 16- and 17-year-old criminal defendants is still a "work in progress," says County Manager Jay Gsell, both for the county and for the state.
And the fact that the state doesn't totally have its act together is one of the most frustrating things about the new law, Gsell said.
"This legislation has been in the works for about four or five years," Gsell said. "So why is the state so ill-prepared at this point? If this has been something that's been on their radar screen for the last four or five years, that to me is where the state, again, has has come up short."
The new law creates an "adolescent offender" (AO) class of defendant, putting 16- and 17-year-olds between youthful offenders and adult offenders. New York is one of the final two states to recognize that teenage brains -- really, human brains into the mid-20s, according to neuroscientists -- are not fully developed. Adolescents are more prone to rash and poor decisions, peer pressure, and more susceptible to not fully appreciating the consequences of their actions.
Gov. Andrew Cuomo signed the new legislation into law in April.
"By raising the age of criminal responsibility, this legislation will reduce crime, recidivism, and costs to the state, and help us deliver on the New York promise to advance social justice and affirm our core progressive values," Cuomo said at the time.
"Providing young people with age-appropriate facilities and rehabilitation will restore hope and promise and help them turn their lives around to build a better future for themselves, their families and for our great state."
What the law means for counties is that once a potential adolescent offender is arrested, the arresting officer must stay with the individual constantly until the youth is in an appropriate holding facility. The AO cannot come into even visual contact with an adult offender. This means special holding rooms at the courthouse.
But more significantly, the county will need a place to hold AO offenders who are sentenced to less than a year in jail. They cannot be placed with the general jail population. They also must be provided enhanced services and evidence-based programs.
The county currently has no such facility.
Gsell said the county is in talks with the other GLOW counties about a possible joint facility.
Where the state's guidelines breakdown is there is yet to be created a final document of requirements for such a facility, though New York's counties are expected to have these facilities open and running by October of this year.
"There are a lot of complications going around with this coming out, and the state itself has not done much on it in terms of draft regulations," Gsell said. "There are specialized secure detention regulations out now but we're in the month of February and they're still in the draft form."
Gsell said whether the county, or counties, build new or repurpose an existing building, it will take at least two years of planning, financing and construction to get such a facility open.
Supposedly, the state will reimburse 100 percent of the county's "eligible" expenses.
"Pardon my rampant skepticism, but I don't buy into the notion that the state will blanket cover 100 percent of all eligible expenses because they can keep changing that bar and keep moving it, which is what they've done in the past," Gsell said.
And at some point, reimbursements, based on the state's history, are likely to dry up.
"Every year this kind of funding is subject to appropriation, a.k.a., the state decides that they can't do this anymore because, as they're dealing with right now, a four billion dollar deficit in his proposed budget that in three years will grow to eight billion dollars a year. It is potentially likely that, as they have done in the past, they will tell us, 'well, you know, we had the funding at one time but we can't afford that, so counties you're back on your own again.' "
As for a potential location for a secure detention facility -- apparently, not called a juvenile hall -- Gsell threw out one possibility: the former armory on State Street in Batavia.
"It's already got that secured fencing," Gsell said. "It's already a building that is set up with a kitchen and has small living quarters, has an open area. Stranger things happen. But it's not owned by a public entity anymore. It's a private-sector building but the owner doesn't seem to have any plans."
There may also be facilities within the GLOW region that the state already owns that could be repurposed.
"The Albion Correctional Facility probably has a lot of space," Gsell said. "You know, you're the state. You're making up the rules. You're the ones that say you have the money. Spend it more wisely than just having all of us go out and start creating 57 of these little things all over the state."
The state is already repurposing a facility to house 16- and 17-year-old offenders who receive sentences longer than one year.
This demand for an AO facility comes at a time when the state is already leaning on the county about building a new jail, a project will cost as much as $52 million and the county will largely be on its own to fund.
A new jail will cost about $285,000 per bed and will contain 125 to 175 beds.
"Our biggest consideration is, we've got to figure out what to do to pay for a new county jail, and how big it's going to be, sometime in the next four or five years," Gsell said.
The county has two committees currently working on AO-related issues, one involving several county department heads and staff members, and one involving the leaders in the county's criminal justice system.
These two committees, Gsell said, will help the county both realize what is possible, what is necessary, and, especially with the committee on the criminal justice side, guide the county away, hopefully, from potential pitfalls.
The judges can also help come up with guidelines so that some of the AOs -- an estimated seven to 10 a year -- who might otherwise get sentences of less than a year -- can be set up on programs similar to Genesee Justice or provided with electronic monitors. Such diversion programs will help save the county money.
Pole down, blocking Cockram Road following accident
An accident has knocked down a utility pole on Cockram Road, Byron, west of Byron-Holley Road.
The pole is completely blocking the road.
No injuries are reported.
Byron and South Byron fire departments are responding.
Record number of flu cases continue to be reported in Genesee County
There have been another 100 flu cases reported in Genesee County in the past two weeks, bringing the season total to 250.
At this point in the season last year, said Public Health Director Paul Pettit, there were 53 confirmed cases.
The flu season started Sept. 1.
The local increase in flu cases is consistent with reports of more flu cases all over the country.
Pettit encourages everybody who has not been vaccinated to get vaccinated. There are reports that this year's vaccine is less effective against the most common strain of flu this season, but it does work on other strains and health officials say the vaccination will lessen the severity of symptoms.
Hunter says woman grabbed his dog from the side of Griswold Road and sped off
A Le Roy fox hunter says he had to chase a woman he believes stole his hunting dog this morning at speeds that reached 60 mph on Route 33 before a state trooper arrived on scene and initiated a traffic stop.
The woman, who was in tears, the hunter said, told the trooper, according to Troop A's public information officer, Trooper James O'Callahan, that she thought she had found a lost dog and was taking the animal to State Street Animal Hospital.
The hunter, who asked not to be identified, said he was hunting on Griswold Road with the local property owner when he heard his dog bark. He walked a couple hundred yards down Griswold but the dog was nowhere in sight.
"I thought, there's no way that dog could run that fast," he said.
He went back to his truck and drove back down Griswold. Just then, he saw a sedan pulling away.
The dog was wearing a GPS collar, he said, so he knew the dog was in the car. Pretty soon, he said, he noticed he was still behind the car, but the GPS signal was behind his location, which meant, he believes, the woman with the dog had removed the collar and thrown it out the car window.
He followed the woman down Route 33 and she was eventually stopped at Seven Springs Road.
The problem for the trooper, in deciding whether to file charges against the woman, O'Callahan said, is that the hunter didn't see the woman remove the collar and she said the dog didn't have a collar. Though the collar was found at the location near where the dog was picked up, there isn't sufficient proof the woman removed the collar. Without that, there's no proof of a crime, O'Callahan said.
The owner called The Batavian to clarify that the dog was not taken from a residence.
"I don't want people to think there is somebody going around taking people's dogs from their homes," he said.
Law and Order: Akron man accused of hitting another person with baseball bat, causing serious injuries
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Ismael L. Laffosse, 31, Fisk Road, Akron, is charged with second-degree attempted assault, second-degree menacing, third-degree criminal mischief, and criminal possession of a weapon, 4th. Laffosse is accused of striking another person with a baseball bat and damaging that person's personal property. The incident was reported at 6:54 p.m., Jan. 29, at a location on Apollo Drive, Batavia. The victim suffered serious injuries but has been released from the hospital.
Armando L. Carrion-Rojas, 23, of McCall Road, Greece, is charged with criminal mischief. Carrion-Rojas is accused of breaking the driver's side mirror of his girlfriend's car at 1:50 p.m. Monday at a location in Le Roy, and of damaging a residence door after his girlfriend locked him outside the residence. He was jailed on $500 bail or $4,000 bond.
Derek James Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd. Wert allegedly contacted by electronic means a person he was ordered by a judge not to contact. Wert was jailed on $1,000 bail.
Ronald F. Ratulowski, 44, of Eleanor Place, Batavia, is charged with third-degree assault. Ratulowski was arrested on a warrant. The original incident was reported at 11 p.m. Sept. 10 at a location on Eleanor Place. No further details released.
Bonnie L. Cortright, 30, West Main Street, Batavia, was arrested on two City Court warrants. The reason for the warrants was not released. She was released on her own recognizance.
Kevin Andrew Rivera, 23, of Batavia Stafford Townline Road, Batavia, is charged with third-degree criminal mischief. Rivera allegedly broke the window of a College Village dorm room at 10:56 p.m. Monday.
Nicholas Gerald Schafer, 19, of Broadway Road, Darien, is charged with DWI, driving while impaired by drugs, driving while ability impaired by the combined influence of drugs and alcohol, and parking violation on a highway. Deputy Kyle Krzemien was dispatched at 4:17 p.m. June 30 to Batavia Elba Townline Road, Elba, to investigate a complaint of a subject passed out in a vehicle. Following an investigation, Schafer was charged.
Jeremiah D. Williams, 26, of Batavia, was arrested by State Police following a revocation of parole. He was ordered held in jail.
An 18-year-old resident of Batavia is charged with petit larceny. The defendant was arrested on Goade Park. The incident was reported at 6:17 p.m. Monday in Kendall. The arrest was made by State Police at 6:10 a.m. Tuesday. No further details released.
Katrina P. Giummo, 29, of Corfu, is charged with petit larceny. Giummo is accused of a theft reported in Corfu at 1:18 p.m. Monday. She was arrested by State Police. No further details released.
Photo: Environmental contamination investigation at former Santy Tire property
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Yesterday afternoon, consultants and an investigator from the Department of Environmental Conservation were at the former Santy Tire property, an anticipated part of the Ellicott Station project, digging test pits to further define the severity and scope of environmental contamination on the property.
There is a pending application for the property for a brownfield tax credit -- one has already been granted for the Della Penna property -- for the parcel. The DEC asked for more evidence of environmental contamination.
Weather cancellations for Wednesday
We've been notified of the following cancellations:
- All after-school and evening activities in the Batavia City School District.
Please send notices to howard@thebatavian.com
Car accident reported on Thruway near Kelsey Road
A car has reportedly gone of the roadway and into the woods in the area of mile marker 393.0 in the eastbound lane of the Thruway.
Unknown injuries.
The location is in the area of Kelsey Road.
Town of Batavia Fire and Mercy EMS dispatched.
UPDATE 9:07 a.m.: No injuries. No damage to vehicle. Town assignment back in service.
Collins denounces state's effort to overturn Trump decision on waters rule
Press release:
Congressman Chris Collins (NY-27) today denounced actions by New York State Attorney General Eric Schneiderman to bring a lawsuit against the Trump Administration’s decision to either rescind or revise the Waters of The United States (WOTUS) rule imposed by the Environmental Protection Agency (EPA) under President Obama.
In 2015, the Obama Administration finalized their WOTUS rule giving the EPA and U.S. Army Corps of Engineers (USACE) expanded jurisdiction over bodies of water including farm ponds, storm drains, and wetlands. The Obama rule, if implemented, would have increased permitting costs, lead to unnecessary litigation, and pile on red tape for anything from a construction site to a farm. Adoption of the flawed WOTUS rule will have disastrous effects on agriculture, small business, and municipalities across the country.
Realizing how devastating the Obama edict would be to local farmers and communities, President Trump signed an executive order in February 2017 to roll back the WOTUS rule. The Trump executive order instructed the EPA and USACE to begin the process of withdrawing the Obama rule with the EPA filing paperwork to suspend the rule for two years while they work to replace it.
“Yet again we are seeing Attorney General Eric Schneiderman catering to the liberal left and disregarding anything that is good for Western New York,” Collins said. “He continues to meddle with federal policy by supporting an Obama rule that would create confusion, increase costs, and place huge burdens on our nation’s farms, state governments, manufacturers, and just about any type of business resulting in detrimental economic impacts.”
Collins has been a vocal advocate for withdrawing and rewriting the Obama WOTUS rule since he was elected to Congress, something that has received strong bipartisan support in the House of Representatives. Implementing Obama's rule would contradict two Supreme Court decisions, as well as many state and tribal water laws.
Collins added: “It is ironic that as we are heading into an election year, we are seeing more and more frivolous lawsuits from the Cuomo Administration and his left-wing allies. It is sad that instead of figuring out how to cut New York’s bloated budget and protect New York property owners and businesses, Cuomo and Schneiderman continue their never-ending effort to score political points at the cost of our State’s economy and the taxpayers who pay the bills.”
Hawley vows continued fight for middle class
Press release:
“This week continues state leader’s assault on law-abiding, middle-class families. Last night was free college tuition for illegal aliens pushed by New York City liberals – a $27 million expense on the backs of taxpayers.
“Last week, Gov. Cuomo’s administration rolled out free tablets for prison inmates, - a luxury we should be working to provide for school children and libraries before convicts.
“While downstate liberal elites are fighting for convicts and illegals, I’ll be fighting even harder for the middle-class. These are the hardworking men and women we should be working to protect, not illegal aliens and criminals.”
Photo Tour: Owners of Eli Fish Brewing pushing for March 1 opening
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Eli Fish Brewing Company, in the Newberry's building downtown, might be less than a month away from opening.
Co-owner Matt Gray said construction is done. Now it's just a matter of waiting for the delivery of the rest of the furniture and kitchen wares.
Starting today, four managers are working full-time at the restaurant and brewery. Next week, there will be an open interview period for potential staff members.
Gray said his partner, Jon Mager, should be able to start brewing beer next week, which is one of the big decisions because it will take four weeks for the first batch to be ready to serve.
"Which puts us in a real bind," Gray said. "Do we open on March 1 or do we wait another three weeks so we have our own beer on tap?"
The target date for the FreshLab winners to open their food booths is April 1. The winners have not yet been announced.
There are four apartments on the second floor just about ready for occupants. The rental rates will be from $850 to $950 for the one-bedrooms and $1,250 for the two-bedroom apartment (which features a large living room and dining area and a large master suite with a dual-head shower).
There's space on the third floor for three apartments. One will be either two or three bedrooms and possibly a balcony/deck in the back of the building. The Newberry building is one of the projects under consideration for a Downtown Revitalization Initiative prize and if selected, the money will be used to finish these apartments as well as a patio/seating area at the back of the restaurant in Jackson Square.
"I'm excited," Gray said. "Jon is excited. I've just got to get it open. Not only has it been a long time and a big project, we're pushing it. Our staff is ready to go. We're ready to go. We need to start changing the flow of cash."
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Possible serious injury accident reported on Route 98 in Alexander
A motor-vehicle accident with possible serious injuries is reported in the area of 11128 Alexander Road, Alexander.
The location is near Stroh Road.
Mercy Flight out of Buffalo is being put on in-air standby.
Alexander fire and ambulance and Mercy EMS dispatched.
UPDATE 12:03 p.m.: One patient, leg and back injury. The other driver out of vehicle and walking. Road is completely blocked.
UPDATE 12:10 p.m.: Injuries not believed to be serious. Mercy Flight can stand down.
UPDATE 12:31 p.m.: Alexander 10 is transporting one patient to UMMC.
UPDATE 1:15 p.m.: The patient is an 18-year-old female driver who was seat-belted and complained of left and right leg shin pain and back pain.
Law and Order: Batavia man accused of ignoring Grand Jury summons
Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.
A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.
Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.
Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.
Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.
Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.
Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.
Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.
Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.
Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.
Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.
Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.
Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.
An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.
Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.
Town of Batavia fire celebrates 70th anniversary at annual dinner
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Town of Batavia Volunteer Fire Department's annual awards and installation dinner marked its 70th anniversary and Earl Dorman, an original 1948 member of the department, was honored with a Service Award.
Also receiving a Service Award was Renee Long.
Joshua Boyle was named Firefighter of the Year and Top Responder.
Gary Diegelman received the President's Award.
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Boyle receiving Top Responder award from Chief Dan Coffey and Corporate VP Nate Fix.
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Coffey and Boyle, Firefighter of the Year and Top Responder.
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Gary Diegelman received the President's Award, with Coffey, Fix, and Corporate President Scott Garlock.
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Joyce Diegelman was recognized for her 65 years of serving the department.
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Photo: Little Free Library on Montclair Avenue
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I spotted another Little Free Library in Batavia today. This one on Montclair Avenue.
Photos: 4-H makes Valentine cards for veterans
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Genesee County 4-H hosted a Valentine-making workshop today at JOANN Fabric and Craft Store in Batavia. Children who participated made Valentine cards to distribute to local veterans.
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Photos: Annual adventure for Arc clients at Sno-Packers clubhouse
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There wasn't enough snow on the ground today to bring out the snowmobiles but members of Sno-Packers in Oakfield gave ATV rides to clients of Arc of Genesee Orleans today.
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