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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.

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.

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.

      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 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."

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.

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.

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.

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.

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.

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.

       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.

An inter-municipal agreement that allows Batavia PD and the Le Roy PD to work with the Sheriff's Office outside of city and village limits is being updated to include Corfu PD.

The impetus behind the update is the addition of a K-9 officer to the Corfu force.

Sheriff William Sheron told the Public Safety Committee yesterday that an additional K-9 officer is a good resource for the county.

Officer Anthony Bartucca joined the Corfu PD after his prior department in Lyons was disbanded when the village was dissolved. He came with two dogs; one who specializes in drugs and tracking and another who specializes in explosives. Because he was already trained and had two dogs there was no additional cost to the Village of Corfu to hire him as another part-time officer on the force.

"(The updated agreement) is more for them to respond out in our jurisdiction than for us to respond to Corfu, since we already have jurisdiction throughout the county," Sheron told the committee.

Genesee County has become well covered by K-9s in recent years. Besides Deputy Chris Erion and "Destro" with the Sheriff's Office, DEC and State Police K-9 officers are regularly in Genesee County.

That's a great capability to have locally, Sheron said.

"In today's day and age when you're dealing with narcotic detection, tracking, explosives, you know, explosives is a very unfortunate thing these days, so I think we’re not overly staffed with K-9s by any means," Sheron said.

The addition of Bartucca with "King" and "Rocco" will also help reduce response times when Erion isn't available.

"I don’t want to rely on just Monroe or Erie County to bring out a K-9," Sheron said. "If we can have one local when time is critical, that’s the best you can do."

High school students in Genesee County are going to be offered an opportunity to learn about law enforcement through a new program in the Sheriff's Office called Teen Academy.

If the pilot is successful, it will become a regular program for the Sheriff's Office.

Sheriff William Sheron presented the idea to the Public Service Committee yesterday.

He said the idea was brought to him by the resource officer at the school, which he modeled after a program in Monroe County.

Each academy will be a week long and will include visits to the jail, the 911 Center, and the Sheriff's Office. Participants will get to see the emergency response team in action, learn about hostage negotiation, the K-9 program, and evidence recovery.

There will also be daily physical fitness runs, defensive tactics training, and team building exercises. The students will also receive classroom training in penal law and the state's traffic laws. Finally, students will participate in mock DWI stops and procedures.

The program is free to students selected to participate. There will be up to 15 students per academy.

Classes will be held at Byron-Bergen High School.

Eligible students are juniors or seniors in good academic standing with little or no disciplinary issues. They must be able to participate in physical fitness activities. Students need to have a positive attitude. Qualified students will be interviewed and screened.

"I think in today’s day and I age, I think we need to try to get our youth more involved with police officers to see what the role of law enforcement really is rather than what is depicted in the news media all too often," Sheron said. "It’s also a great recruiting tool."

CORRECTION: This story originally stated that the program would be available only to students at Byron-Bergen in the first class. That was incorrect. It will be open to students from all of the high schools in the county. Classes will be held at Byron-Bergen.

Increasingly, police officers must deal with people who have mental health issues, so to help them do their jobs better, Sheriff William Sheron is seeking additional training for his deputies.

Sheron, along with Undersheriff Greg Walker, a sergeant, and a deputy chief, will meet with officials from the Mental Health Association next week to kick off a training program.

The goal is to have all the deputies receive some training and have several deputies on each shift who are part of a crisis intervention team.

Part of the program, Sheron told members of the Public Service Committee yesterday, will be identifying what resources are currently available and what services are missing or deficient.

One goal is to help reduce the number people with mental health issues who wind up in the jail.

Former Sheriff Gary Maha, now a legislator and member of the committee, said he certainly understands the need for the program.

"Sometimes we end up putting them in jail because we don’t know what else to do with them sometimes when it's only minor charges," Maha said. "If there is a way to steer a person to an option other than going to jail it’s certainly beneficial to all of us."

Sheron anticipates grant money being available for the training, especially for the crisis intervention team, so he will be coming back to the Public Service Committee at a later date with a request to accept such a grant.

Press release:

State Supreme Court Judge Richard J. McNally Jr. has dismissed a New York Civil Liberties Union (NYCLU) lawsuit, filed in May, regarding rights for farm workers. Senator Michael H. Ranzenhofer (R-C-I, Amherst) was the first outspoken State Legislator to criticize the NYCLU’s actions.

Senator Ranzenhofer has issued the following statement:

“The NYCLU’s attempt to bypass the State Legislature and push increased regulations on our agriculture industry has failed. These burdensome regulations would have had a devastating impact on our family farms.

"I applaud the judge’s decision, and I commend the New York Farm Bureau for defending our 35,000 farms all across our state. As New York State’s number one industry, agriculture is the backbone of our rural communities, and this is a major victory for our family farms.” 

Photo and info from Coach Matt Holman. Photo: Aubrey Towner.

Alpine Ski Results for Tuesday at Swain Resort:

There was snow falling all night for a two-run Giant Slalom Race at Swain Resort on Tuesday night. (The resort is also located in Swain, a hamlet in Livingston County.) The loose soft powder pushed together to form big ruts as the hard base was exposed just inside the race line.

The Boys Batavia Alpine Ski Team finished fifth out of eight teams in the Southern Tier Race League. Top finishers included Brandon Bradley (15th), Alec Wagner (24th), Zack Wagner (28th), Matt Grover (31st) and Ryan Bowen (36th).

The Girls team competed individually (no team time), the top finisher was Aubrey Towner (21st).

The next race will be a slalom race Thursday.