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YWCA hosts discussion on resolving conflicts

By Howard B. Owens

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Dealing with conflict in the era of hyper-disagreement was the subject of a symposium Thursday night at the YWCA.

Professor Barry Gan, director of the Center for Nonviolence at St. Bonaventure University, opened the discussion talking about some of his own experiences in working out conflicts in his life and then handed out a brochure listing steps to dealing with conflict.

The steps start with "Calm Down," which includes distracting yourself (count backward from 10, for example), relaxing, talking to yourself, and if all else fails, leave.

If you don't leave, try to reach an agreement to work it out. As the other person, "If I listen to you, will you listen to me?"

Gan promotes active listening, which includes paraphrasing the other person's concerns and asking if you are stating their position correctly.

If the disagreement is over something that needs a solution, agree to terms for a concrete solution.

Also participating in the panel were Rev. Roula Alkhouri, left in the photo, above, City Council President Eugene Jankowski and representing a gun-rights position in a later discussion, and Gary Pudup (not pictured), Upstate coordinator of New Yorkers Against Gun Violence.

Event coordinators were Alkhouri, Rev. James Morasco, Morganville United Church of Christ, and Joanne Beck, Batavia YWCA.

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Art show by Sean Madden opens at GO Art!

By Howard B. Owens

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An opening reception was held at GO Art! last night for a show by artist Sean Madden.

Madden's work is recognized throughout Western New York. He is a teacher at Byron-Bergen High School.

Madden's early influences were Ernst Fuchs and Salvador Dali. He as also influenced by the psychedelic-era work of Robert Crumb, Robert Williams, and S. Clay Wilson.

In the paintings on display, Madden mixes well-executed realism with surrealism and his wild imagination and love of color.

The show runs through March 2.

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Two men accused of running Craigslist scam in Batavia to rob potential car buyers

By Howard B. Owens
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  Quamane Santiago     Jaequele Tomlin

An ad posted to Craigslist of a car for sale in Batavia was really just a scam to rob potential buyers, police alleged, and two local men have been arrested and charged with conspiracy in the fourth degree.

In custody are Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford. 

They were arrested on Sumner Street in Batavia following an investigation by Batavia PD and the Local Drug Task Force.

When they were taken into custody, both reportedly possessed replica firearms.

The alleged scam came to light after concerned citizens alerted police to the post and the suspicious behavior of the sellers.

Tomlin and Santiago were arraigned in City Court and jailed without bail.

Tomlin was also arrested on a warrant for criminal mischief and assault. 

Additional charges are pending for both suspects.

Police ask that anybody who responded to a suspicious vehicle for sale ad in the City of Batavia to contact Det. Sgt. Kevin Czora at (585) 345-6311.

"The public should be aware of these types of scams, and report any suspicious activity to their local authorities," Police said in a statement. "When making transactions of these types, it is encouraged that you meet in a very public location, including local police departments."

Collins votes to continue government funding, avoid shutdown

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) released the following statement after voting in favor of legislation to maintain current funding for federal operations and prevent a government shutdown through Feb. 16. In addition to continuing government funding, the bill includes language to extend the Children’s Health Insurance Program (CHIP) for six years.

"Today, House Republicans voted to extend the Children’s Health Insurance Program (CHIP) for six years, yet again providing certainty to millions of low-income children. The bill also includes short-term funding to keep the government open and make sure our nation’s military has the resources they need to keep us safe.

"I am confident that we will come to a solution on a long-term funding bill while taking care of the DACA situation, but as negotiations continue I hope that Chuck Schumer and Senate Democrats stop playing politics with the health of our nation’s children and vote to keep the government up and running."

County expects to have $17 million for roads and bridges and other infrastructure from sale of nursing home

By Howard B. Owens

As the County wraps up expenses related to the sale of the Genesee County Nursing Home, officials expect to have about $17 million available for funds dedicated to infrastructure, including roads and bridges.

"That's what we said we would do with the money and that's what we're doing," said Marianne Clattenburg, chair of the Ways and Means Committee at yesterday's meeting.

It looks like the proceeds of the $15.2 million sale of the nursing home to Premier Healthcare Management LLC is $10,033,000.

The county is also collecting $7 million in unpaid intergovernmental transfers (federal reimbursement for medical expenses for nursing home patients). This money will also be set aside for infrastructure.

There is still some wrangling with insurance companies, said Treasure Scott German, over money the companies think they are owned and money the county think it is due. There may be additional minor expenses to close out, but those payments will be handled through the general fund.

In other words, the budget line for the nursing home in the county's expense ledger is now officially closed.

Seven people in Genesee County caught in ICE immigration sweep looking for convicted criminals and fugitives

By Howard B. Owens

Of 46 suspected or convicted criminal foreign nationals arrested this past week by Immigration Customs Enforcement in Western New York, seven were arrested in Genesee County, according to an ICE spokesman.

No details were released on the seven arrested locally. They were apprehended in Batavia, Elba, Byron and Bergen.

ICE provided examples of some of the people arrested without providing names or details on the locations of the arrests, such as: 

  • A 39-year-old Mexican male with convictions for two counts of illegal entry, driving while intoxicated, and a protection order for domestic violence. He will remain in ICE custody pending the outcome of his removal proceedings.
  • A 23-year-old Guyanese male with convictions for driving while ability impaired and harassment, following his arrest for menacing with a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.
  • A 53-year-old United Kingdom male with convictions for two separate convictions for felony grand larceny. He will remain in ICE custody pending the outcome of his removal proceedings.
  • A 49-year-old Vietnamese male with convictions for theft, burglary, abuse, and menacing, following his arrest for menacing with a weapon, child endangerment, and criminal possession of a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.

The arrests were made over a five-day period as part of an operation targeting at-large criminal aliens, illegal re-entrants, and other immigration violators.

ICE said half of those picked up had prior criminal convictions. Of the 23 who were counted among the non-criminal violators, four were fugitives and six illegally re-entered the country after being deported.

Criminal convictions of those arrested included: felony grand larceny, firearms possession, drug possession, child endangerment, abuse, driving under the influence of alcohol or a controlled substance, and forgery.

“Operations like this one demonstrate ICE’s continued focus on the arrest of dangerous criminal aliens as well as those who enter the United States illegally,” said Thomas Feeley, field office director for ERO Buffalo in a statement. “Illegal aliens will not find safe harbor in New York.”

In the press release, ICE states:

Some of the individuals arrested during this week’s enforcement action will be presented for federal prosecution for re-entry after deportation, a felony punishable by up to 20 years in prison. Those not being criminally prosecuted will be processed for removal from the country. Individuals who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country.

ICE stated that during the operation, which ended Jan. 12, officers may have encountered additional suspects who may be in the United States without proper documentation. Those persons were evaluated on a case by case basis and, where appropriate, arrested by ICE.

Only a handful of local governments recognize service of Cold War veterans with property tax exemption

By Howard B. Owens

Of the 25 taxing jurisdictions in Genesee County -- not counting the ones in other counties with some local overlap -- only nine have adopted a property tax exemption for Cold War veterans.

The tax exemption is one of the few available to veterans who served during the Cold War but not during Vietnam or some other armed conflict.

Veterans Services Officer William Joyce said he's working to get more jurisdictions to get it passed but it isn't easy.

One school district -- he didn't say which one -- flat turned him down.

"A vet is a vet," Joyce said. "It’s a benefit they earn. It’s not a privilege. It’s time served."

Veterans who served in armed conflicts or used military benefits to purchase their homes are eligible for benefits under other programs.

The initial Cold War exemption was capped at 10 years but the State Legislature last year approved an indefinite extension that each local jurisdiction must pass even if they have an exemption already in place.

Joyce is working on that now.

The county is adopting the extension.

Jurisdictions that provide the exemption, besides the county, are the Town of Alexander, The Village of Alexander, the Town of Bergen, the Town of Elba, the Town of Oakfield, the Town of Pavilion, and the Town of Stafford.

Batavia City Schools adopted the exemption just last week. City Schools is the only district in the county to adopt the exemption.

Some of the jurisdictions that chose not to adopt the exemption include the City of Batavia, the Village of Bergen, the Village of Elba, the Village of Le Roy, the Village of Oakfield, and the Village of Corfu.

Alexander, town and village, are the only jurisdictions that have adopted the higher tier exemption, which is a formula that calculates an exemption of 15 percent off of assessed value or a maximum exemption of $12,000.

All other jurisdictions with the exemption adopted the first tier, which is 10 percent off of the assessed value or a maximum of $6,000.

Developer of Dollar General in East Pembroke says he will swap parking for a new sidewalk

By Howard B. Owens

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The developer of a proposed Dollar General Store in East Pembroke was willing to do a little trading with the Town of Batavia Planning Board on Tuesday night.

If the town will let him reduce the number of parking spaces from 47 to something closer to 30 he would ensure there is a sidewalk installed along Route 5 in front of the store.

"I would be more than willing to remove the parking spaces, whether it gets down to 30 or some number down there that makes sense based on the layout," said Todd Hamula of the Zaremba Group. "Then I'd stripe across here to a sidewalk that I would build either on the property or just in the DOT right of way."

Quickly, plans were made then for Hamula to rework is the site plan and get it before the County Planning Board again -- which last week recommended a sidewalk be included in the project -- and then in front of the town's Zoning Board of Appeals before coming back to the town planning board again in a month.

The ZBA would need to approve a variance for the reduced parking because the current zoning code requires a building of the type and size of the proposed Dollar General to have at least 47 parking spaces.

Hamula said that anybody who has frequently driven past a Dollar General knows there's usually only an average of five or six cars parked out front most of the time.

The Town of Batavia is in the process of reworking its comprehensive plan and adopting a planning philosophy known as form-based code. 

One of the goals of the process is to make East Pembroke a more walkable community, which means sidewalks are needed.

Paul McCullough, board member and East Pembroke resident, spoke up in favor of making the hamlet more walkable and argued in favor of a sidewalk installed with the construction of the Dollar General.

He expressed concern that the presence of the store would cause people to walk on Route 5, which is busy with fast moving traffic and isn't well lit at night.

"Let's at least get that section in and then figure out how to get that extra 100 feet in," McCullough said.

At that point, Hamula said he was amenable to working something out.

The store will be 7,100 square feet and will become the seventh Dollar General in Genesee County.

McCullough said in his informal survey of East Pembroke residents, people are excited about the potential of the store opening.

Teen who admitted to threatening to shoot police faces possible longer prison term

By Howard B. Owens

A 17-year-old Basom resident has lost his sentencing cap on his conviction of making a terrorist threat and reckless endangerment after allegedly testing positive for marijuana while out of jail awaiting sentencing.

Judge Charles Zambito told Isaac Abrams that he violated the terms of his release, which could mean his sentence on the two counts could run consecutively instead of concurrently. He faces up to seven years in prison on each count.

Abrams nor his attorney disputed the positive test.

Attorney Vanessa Guite characterized the marijuana use as a one-off incident.

"Someone handed him what they said was a 'black and mild' and he took a puff," she said. "He didn't understand what it was but he realizes he needs to change his behavior." 

The toxicology came back "mild positive," which indicates Guite said, that Abrams is not a habitual user.

First Assistant District Attorney Melissa Cianfrini confirmed with Zambito that Abrams had lost his sentencing cap.

"I don't know if you can get a mild positive test from one puff on a blunt but he has violated the terms of his release under supervision," Cianfrini said.

A month ago, Abrams admitted to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.

He pled guilty to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.

While out of jail awaiting his sentencing, Abrams is on a curfew and can't leave his house between 7 p.m. and 7 a.m.

Zambito didn't order him back to jail today but warned him not to violate the terms of his release again.

"If there is any violation, there will be no notice to appear," Zambito said. "I will issue an order for your arrest and hold you until your sentencing."

Sentencing is scheduled for Feb. 9.

Search warrant yields cache of narcotics from suspected drug dealer

By Howard B. Owens
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      Jarvis Seymore

Jarvis D. "D" Seymore, 34, of Carthage Street, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.

On Wednesday evening, Seymore's vehicle was located in the parking lot of a business on Park Road, Batavia, by the Local Drug Task Force and Seymore was served with a search warrant that had already been obtained by agents of the task force.

During the search, agents allegedly found a quantity of cocaine, fentanyl, marijuana and cash.

Following arraignment in Town of Batavia Court, Seymore was jailed without bail.

The arrest was the result of an investigation into the sale of cocaine, heroin and fentanyl in and around Batavia.

Assisting in the investigation, State Police, uniformed deputies and the District Attorney's Office.

County will seek grant money to assist with preservation of County Jail facade

By Howard B. Owens

County officials determined more than a year ago that the Medina sandstone facade of the County Jail, the portion that was once the Sheriff's Office and currently is home to Genesee Justice, needs some restoration work.

More than $100,000 was set aside for the work but when the contract went out to bid, there was only one response it was for much more than $100,000.  

Recently, it went out to bid again and the best bid came from a company in Yonkers for $399,923.

At the suggestion of Legislator Bob Bausch yesterday, the Ways and Means Committee voted to table the resolution to award the contract.

Bausch suggested the county wait and see if the county can win a grant to help pay for the restoration of the facade.

It turns out, the building received a historical designation in 1980 that might help in the grant process.

County Manager Jay Gsell said the county won't be able to apply for the potential grant until summer and perhaps it will be awarded by late summer.

There is $131,730 in the budget for the work facade work.

One reason the cost has gone up is the contractors who do such work are much busier these days, which drives up their fees.

The facade, it also turns out, is in much worse shape than originally assessed. There are bricks falling off the building; the front steps are bowing; there is water that is getting behind parts of the facade.

At the Public Service meeting Tuesday, Bausch said he was shocked at how bad the building was when he toured it last year and acknowledged it will take a bit of money to preserve it.

"The other option, I suppose, is I'd like to just tear the whole thing down," Bausch said.

Legislator Gregg Torrey interjected, "It's hard to put money into that building."

Then Bausch added, "I’m sure we would have a few people with the historical societies who would not be happy with that."

County makes changes to Weights and Measures

By Howard B. Owens

Changes are coming to Weights and Measures in Genesee County.

Starting Monday, Weights and Measures will no longer be a stand-alone department of county government. There will be a single employee reporting to an environmental health supervisor in the Health Department.

Also, once approved by the Legislature, Genesee County will start charging fees for Weights and Measures services.

Paul Pettit, director of the Health Department, said Genesee County appears to be the only county that hasn't been charging for the service.

The new fee schedule will bring in about $25,000 annually.

"The fees do not fully compensate the full cost of the program," Pettit said. "It's a revenue offset."

Article 16 of the Ag and Markets Law requires counties to have a director of Weights and Measures. The new inspector will have the title of director but not the duties of a department head. The Health Department will handle budgeting and administrative work for the inspector.

The county is responsible for inspecting weight and measurement devices throughout the county, such as gas pumps and meat counter scales and similar devices where fees are charged based on weight or volume, except on the Tonawanda Indian Reservation, where there are no government inspection services.

Truck jackknifes on Route 77, Darien, takes out fire hydrant

By Howard B. Owens

A semi-truck has gone off the road and hit a fire hydrant in front of Darien Lake Theme Park on Route 77, Darien.

The truck jackknifed.

The driver does not appear to be injured. A deputy is on scene.

Darien fire and ambulance requested to the scene.

UPDATE 12:55 p.m.: There is no water leak from the hydrant.

Williamsville business owner announces candidacy for NY-27

By Howard B. Owens

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Press release:

Joan Elizabeth Seamans is a strong, compassionate woman who is ready to bring back decency and be a voice for the people of NY Congressional District 27.

“I fiercely oppose the cycle of special interests funding campaigns and legislation that benefits the wealthy instead of the people in NY District 27. My opponent, Chris Collins, has confirmed this practice. My donors are basically saying, ‘Get it done or don’t ever call me again,’ 

“It is time for 'trickle up' economics and legislation that gives the people in the district opportunity and financial security instead of the wealthy and corporations. My desire is to serve all constituents, Republican and Democrat alike. I am committed to listening, being engaged and take their concerns to Washington as their Congresswoman.”

A longtime business owner, she has operated, Short Street Photographers in Western New York for more than 30 years. She is: a past president of the Williamsville Business and Professional Association; a member the Public Policy Committee for the Amherst Chamber of Commerce; and a former Trustee in the Village of Williamsville. In addition, she is a member of NAWBO National Association of Women Business Owners.

Her political activism is far-reaching. She is a founder of a 1,300-member online group focusing on electoral issues, encouraging civic engagement and education of members about political and legislative issues. 

As a committed woman to community needs, Joan Elizabeth has worked for four years working with families whose children have addiction and behavioral issues. In addition, realizing the lack of services for our poor elderly, Joan Elizabeth spent six years connecting talented youth with residents of nursing homes all over Western New York.

Joan Elizabeth is a wife, mother, business owner, community leader and political activist. She and her husband Gary Nizinski have been married for 32 years. She has two children.

She comes from a humble background. One of eight children, she was taught resourcefulness and self-sufficiency early on. Her father, a World War II Navy vet is a lifelong Republican and her mother was a Democrat. She regularly acknowledges she has “a little bit of both of them in me.” Joan Elizabeth recently was granted guardianship of her father and has been a long time champion for the elderly.

Photo: New roof for Dwyer Stadium

By Howard B. Owens

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As part of ongoing maintenance at Dwyer Stadium, the roof is being replaced on the main structure.

Interim City Manager Matt Worth said the job was bid out some time ago but the contractor has only just now been able to complete the work.

There are also plans to replace the roofs on the clubhouses plus do some painting at the facility.

In October, the scoreboard was repaired.

The New York Penn-League has taken over management of the Batavia Muckdogs and while a lease agreement is not yet in place for the 2018 season, former manager Jason Molino indicated before he left that talks for a lease for the season had taken place.

Local high school teams also play at Dwyer.

Law and Order: Batavia man accused of stealing scrap metal

By Howard B. Owens

Thomas Allen Culver Jr., 39, of Wood Street, Batavia, is charged with petit larceny. Culver is accused of stealing and selling scrap metal from a location on Alexander Road, Batavia.

Anthony M. Quinn, 28, of 67th Street, Niagara Falls, is charged with unlawful possession of marijuana and muffler exhaust system violation. Quinn's vehicle was stopped for alleged traffic violations at 6:29 p.m. Wednesday on Route 77, Pembroke, by Deputy Andrew Mullen.

Alisa M. Schenk, 47, of Rochester, is charged with petit larceny. Schenk is accused of a theft at a location on the Tonawanda Indian Reservation at 10:42 a.m. Dec. 29. Schenk was arrested by State Police. No further details released.

Justin J. Bily, 21, of Cheektowaga, is charged with unlawful possession of marijuana. Bily was stopped by State Police at 5:34 a.m. Tuesday on the I-490 in Bergen.

Keith M. Hennard, 34, of Fillmore, is charged with driving while impaired by drugs, unsafe tires, moving from lane unsafely, and speeding. Hennard was charged by State Police following a motor vehicle accident at 5:26 p.m. Tuesday on Route 77, Pembroke. There were no injuries reported in the accident.

Grand Island town supervisor announces candidacy for NY-27

By Howard B. Owens

Press release:

It has been a whirlwind week for NY-27 Congressional candidate Nate McMurray. On Sunday, the Grand Island Town Supervisor announced his candidacy to a standing-room-only crowd of more than 200 at the Brickyard Brewing Company in Lewiston. Voters from throughout the District came to support Nate’s effort to unseat ethics-challenged incumbent, Chris Collins.

Supporters, including City of Tonawanda Mayor Rick Davis, are confident that a Congressmember McMurray will remain connected to the people he serves.

“Nate will bring the perspective of the average American to his representation of the 27th District," Davis said. "Far too often people elected to Congress are well off financially and they do not think of the many struggling households we have in our area. Nate will be the voice those families need in Congress.”

After his announcement, Candidate McMurray wasted no time introducing himself to voters from Canandaigua to Batavia to Wheatfield. On Tuesday night he stood out among the five congressional hopefuls at the Turn NY 27 Blue Candidates Forum in Lancaster.

Dorothy Avery, a voter from the Town of Bergen, was “impressed with Nate’s creativity and strong ethical values. I’m confident he will represent all of NY27’s voters without regard for party affiliation or tax bracket.”

Who is Nate McMurray?

Nate is one of seven children raised in the District by his widowed mother in conditions of extreme poverty. His mother laid a good ethical foundation in her home, but was stretched to the limit by the demands of putting food on the family’s table and caring for her children.

With the help of New York’s public education system and public scholarship programs, Nate become a Fulbright Scholar, received advanced degrees including a law degree, and became fluent in Korean and Chinese. He spent time overseas and has had a successful business career. He missed Western New York so he returned home.

He is married and the proud father of two boys, and in addition to being Grand Island supervisor, he is vice president for Development for Delaware North.

Nate’s family instilled strong community service values. He was first called to run for elected office when he witnessed dismissive behavior on the part of government officials at a board hearing. Nate fought for the side of right and he was elected Grand Island town supervisor by only two votes!

In so doing McMurray became the only Democrat to be elected to office on the deeply Republican island in recent memory. He achieved this benchmark by reaching out to Republicans and treating all people, regardless of party affiliation or economic stature, with dignity and respect. His heartfelt capacity to connect with voters, and his ability to get the job done, will be a welcome change from the scandal-plagued and elitist tenure of Congressmember Collins.

James Sharpe, Grand Island Democratic party chair and town deputy supervisor, has worked with McMurray for years.

“Nathan is one of the most creative people I know," Sharpe said. "He is focused and energized and keeps the needs of his constituents front and center. He solves problems that confound others.

"He has a knack for identifying the issues and getting the job done. New York State’s agreement to remove toll barriers and give Grand Island cashless tolls is only one example.”

McMurray will provide true representation to the people of NY-27. He will work to make sure that all children have the advantages that were provided to him when he grew up in the District.

Trooper accused of falsely reporting an incident in Batavia while off duty

By Howard B. Owens
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       Brianna Smith

A State Trooper has been arrested and charged with offering a false instrument for filing and falsely reporting an incident after allegedly claiming she was menaced by a person with a weapon while in Batavia.

Investigators say Brianna J. Smith, 25, was off duty at the time of the incident.

The location in Batavia of the report was not released nor were other details of the incident.

The State Police Bureau of Criminal Investigation conducted the investigation. In a release, State Police say that investigators determined a weapon was never displayed nor used in the incident.

She was arrested and processed at the Batavia Barracks. Smith was attached to Troop T in Syracuse.

She was issued an appearance ticket in Town of Batavia Court for a date this month.

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