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Pedestrian struck on North Bennett Heights Road, Batavia

By Howard B. Owens

A pedestrian has been struck by a vehicle on North Bennett Heights Road, Town of Batavia. That's off State Street Road.

The patient is conscious and talking, according to the caller.

Town of Batavia fire and Mercy EMS responding.

UPDATE 7:51 a.m.: Town of Batavia fire back in service.

GCEDC accepts application from beverage wholesaler

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) voted to accept an application for assistance from T.J. Sheehan, a Massachusetts-based beverage wholesaler with various operations in New York State.

T.J. Sheehan is proposing to convert a former 37,500-square-foot Cargill facility in Alexander to a refrigerated beverage distribution center.  The company intends to invest approximately $1.6 million into the conversion and the project will create nine new jobs. Since the incentives total more than $100,000 a public hearing will be scheduled in the very near future.  

Gateway Development Corp. approves 2017 budget

By Howard B. Owens

Press release:

The Board of Directors of the Genesee Gateway Local Development Corporation (GGLDC) passed a budget for Fiscal Year 2017 at its board meeting on Oct. 27 adopting a budget with anticipated cash outflows of $1.36 million.

“The mission of the GGLDC is to foster local economic development by making real estate development investments that prepare sites in Genesee County for new corporate tenants. The GGLDC also provides strategic investment funding to support the GCEDC’s ongoing economic development programming,” said Tom Felton, chairman of the GGLDC.

The anticipated 2017 expenditures of the GGLDC include operations and maintenance for the MedTech Centre building, site/corporate park maintenance, an economic development program support grant to the Genesee County Economic Development Center (GCEDC), and professional services. Major expenditures include debt service payments of $655,816 on bonds and loans that enabled MedTech Centre building construction and infrastructure development at the Genesee Valley Agri-Business Park (Ag-Park).

The budget includes a line item of $100,000 to conduct a study to determine the feasibility and cost of expanding the Village of Corfu’s wastewater treatment plant. The expansion would directly benefit the Buffalo East Tech Park and allow for future growth and development.

Major sources of revenue include rent of $454,647 from the MedTech Centre facility and common area maintenance fees from the Buffalo East Tech Park and Ag-Park. In addition, $205,780 will be received through the Empire Pipeline PILOT Increment Financing (PIF). Additional cash receipts will include $247,481 in principal and interest payments from several companies repaying loans made in previous years.

In 2016 the GGLDC completed several projects including the widening of Route 63 to support commerce in the Ag-Park as well as completing the secondary access road into the Ag-Park from Route 63. Also completed was the widening of Route 5 in the Town of Pembroke by the entrance of the Buffalo East Tech Park.

“The GGLDC will be working to close major deals at our shovel-ready parks in 2017. We have been investing and working to make these parks ready for the last decade and believe that 2017 will be a productive year with new company attractions and more job creation in our parks,” Felton said.

Another political sign theft, well, attempted, this time, reported

By Howard B. Owens

A resident in the Village of Bergen caught somebody trying to steal his Trump sign from his front yard this morning.

The South Main Street resident confronted the would-be sign thief and the thief returned the sign, then got in his vehicle and drove off.

The incident was reported to the Sheriff's Office at 9:30 a.,m., according to Chief Deputy Gordon Dibble.

The license plate number provided did not match a valid plate and the suspect was not caught.

Yesterday, the Sheriff's Office received a complaint of political sign thefts in Elba.

UPDATE: A reader reports that he confronted people stealing his Trump sign at his residence on South Lake Street, Bergen. "I ran in front of the car and forced it to stop," he said. He said two women were in the car and he said they had at least one other Trump sign in the car.  "I got my sign back and called the Sheriff, who came out and took info." The women were in a black Jeep. The reader said he's heard of several Trump signs being stolen in the area.

Threat posted on social media causes concern at Pavilion school

By Howard B. Owens

Pavilion Central School was on lockdown for a period of time this morning after a threatening post was spotted on social media.

Chief Deputy Gordon Dibble said the Wyoming County Sheriff's Office is handling the investigation. We've reached out to the WCSO for more information.

"We understand they have addressed the threat and have things under control," Dibble said. " We only have patrols in the area of the school as a precaution."

We'll update this post if more information becomes available.

UPDATE 10:43 a.m.: Pavilion Superintendent Ken Ellison said the school was never on an official lockdown. There were deputies in the area as an extra precaution, but an actual lockdown was never initiated. Ellison said the district became aware of a threatening statement posted on social media last night and he worked most of the night with the Wyoming County Sheriff's Office and the Genesee County Sheriff's Office on the investigation. A spokesman for WCSO said that office will likely have a statement on the situation this afternoon, but the investigation is ongoing.

County's sale of Nursing Home on track to close by the end of the year

By Howard B. Owens

As County Manager Jay Gsell and the Legislature work on finalizing the 2017 budget, it's been a bit of a nail-biter for county officials wondering if they would be able to close on the sale of the Nursing Home before Dec. 31.

Without the close, the county would need to include nearly $16 million in expenses and offsetting revenue in the budget.

Back in May, the NYS Health Department approved the certificate of need ("CoN" -- a kind of license) 160-bed care facility, but officials had gotten no word on the other CoN for the 80-bed adult home.

All along, Gsell felt the sale would be finalized before the end of the year, but without final approval, there was no way to count on it.

Yesterday, an executive with the prospective Nursing Home buyer, Premier Health LLC, got a phone call from a state official saying the certificate of need was approved and an official letter should be dropped in the mail today.

"At least now we have a very good sense that this is actually going to happen in the calendar year 2016," Gsell said.

Once the letter is in hand, both sides can start working on the details of closing the sale, including transferring employees and contractors, completing paperwork, and finalizing how to handle accounts receivable, among other details.

That will be a three- or four-week process, Gsell said.

The county will get about $15 million for the nursing home, but after expenses, only about 25 percent of those proceeds will be available for either the general fund or the capital fund.

Gsell was able to share the good news with legislators yesterday during a budget work session.

There were no decisions that came out of yesterday's budget discussion. The legislators have a 292-page, $141 million budget to pore through as they grapple with their options for the tax rate, deficit spending or any big spending cuts that they might make.

Gsell's budget is balanced, but it requires pulling $1 million from reserve funds and reallocating sales tax revenue from future road and bridge repairs to the 2017 general fund.

A $15 million increase in assessed value, of which about $7 million is taxable, for properties in the county, makes the break-even tax rate for the 2016 vs. 2017 tax levy at $9.66 cents per $1,000 of assessed value.

Gsell's budget proposal increases the tax levy by $645,000, the maximum increase under the state's tax cap law.

That would set the 2017 property tax rate from the county at $9.76 per thousand of assessed value, or 10 cents lower than 2016.

The Legislature will consider whether to pass a resolution authorizing them to override the tax cap limit to raise taxes. Because of timing and budget deadline issues, the resolution will need to be passed before they even get to the point of deciding what the tax rate should be.

It's a policy decision for the legislature whether to accept Gsell's budget as proposed, raise taxes to reduce deficit spending, or make significant cuts in non-mandated services, such as parks and law enforcement.

Sexual predator arrested for alleged sexual contact with a child

By Howard B. Owens

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A convicted sexual predator has been arrested and accused of sexual contact with a child.

Marlek E. Holmes, 42, of Batavia, is being held without bail after being arraigned in County Court on an 11-count grand jury indictment.

The assaults allegedly occurred in the City of Batavia and Village of Le Roy from 2010 to 2015.

He is charged with two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

Holmes has previously been arrested locally on charges of failure to register a change of address as a Level 3 sexual offender and of sending indecent texts to a child.

Caution advised, possible slick roads and sidewalks this morning

By Howard B. Owens

Watch for slick roads and sidewalks early this morning because of a bit of snow that may fall over the area, according to the National Weather Service.

The surfaces of bridges and overpasses are more likely to acquire temperatures closer to freezing, so are more likely to be slick.

The snow will change to sleet and then rain over the course of the morning.

Mother of twins killed in fire distraught with first phone call she answered

By Howard B. Owens

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Heather Ace was hanging out at a friend's house drinking Four Loko* the night of May 20 when her mother tried to call her and tell her that her house on Bank Street Road was on fire, according to a statement Ace gave to investigators.

When Ace didn't answer the phone, her mother sent her a text message, according to a statement by Tracy Ace, that read, "Answer your f---ing phone."

Heather answered on the next ring.

According to Heather's friend, Ashki Zajaczkowski, Heather dropped the phone and started screaming.

Zajaczkowski drove Heather to 8157 State Street Road, Batavia, where she lived with her three boys, including two fraternal twins, Micah and Michael Gard, and before Zajaczkowski would even stop the car, Heather was running from the car hysterically. 

The evening wasn't supposed to go as it did, according to the statements. Heather Ace was planning to go to the movies with Zajaczkowski and other friends, but as afternoon turned to evening, nobody really felt like heading out of town.

Ace put her two children to bed sometime between 8 and 8:30 p.m. and then headed over to a friend's house. She smoked some weed and then went to the Speedway and bought a can of Four Loko and some water before heading over to Zajaczkowski's house.

The two boys were locked in their room, with a lock on the kitchen side of the door put in place after the boys wandered out of the house over to the neighboring house, the residence of their grandparents.

When firefighters arrived that night, they also found the door leading into the apartment kitchen locked. Heather Ace said in her statement, she didn't know how the door became locked. She said she didn't lock it before leaving the house. Tracy Ace said it wasn't Heather's practice to lock the door because her husband needed access to the basement, where he stored his tools.

The cause of the fire has never been determined.

Micah and Michael died in the fire and Heather Ace has been charged with endangering the welfare of a child.

She appeared in Town of Batavia Court yesterday and entered a not guilty plea.

She is represented by public defender Jerry Ader, who said yesterday he had not yet had a chance to discuss the case with his client.

Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.

*Four Loko is a flavored, malted alcoholic beverage.

Woman with record locally accused of stealing dog and selling it in Ontario County

By Howard B. Owens

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A woman who has previously run afoul of the law in Genesee County has new legal troubles in Ontario County after allegedly selling a rescue animal from the kennel where she started working six weeks ago to a Canandaigua woman.

Cassandra Blake was jailed today on $250 bail or $500 bond for her alleged role in taking a labradoodle from the kennel where she worked, posting an ad for it on Craigslist under the alias Amy Fairview and then selling the dog, which was actually a family pet belonging to somebody else.

Sources told our news partner 13WHAM that Blake has been known to sell pets on Craigslist recently.

In 2014, Blake was indicted in Genesee County on a grand larceny charge. Blake was accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion.

That charge led to Blake being placed on probation, and that probation was later transferred to Monroe County.

2016 was busy year for Chamber of Commerce

By Howard B. Owens

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During today's annual meeting of the Chamber of Commerce at Rochester Club West @ Bohn's, Chamber President Tom Turnbull recapped what has been a successful and active year for the local business group.

Turnbull ran through a long list of the Chamber's activities and accomplishments.

The chamber hosted its annual awards, a home show and several business workshops, including ones on public speaking, drugs in the workplace and tax tips. The chamber, of course, attended many ribbon cuttings for new and expanding businesses. The chamber was active in pursuing public policy issues at the local and state level. It administered a small business loan program, hosted business after-hours events, and a trip to China. 

The hot and dry summer was good for tourism, but with the monetary exchange rate weakening with Canada, there were fewer Canadian visitors to the region this year, which looks like it will translate into a 4-percent decline in tourism revenue.

Still, hotels took in about $14.5 million, which translates into about $150 million in local economic impact.

The tourism agency fostered several group visits, including youth baseball tournaments, soccer events, car clubs and even a Winnebago rally at a local RV park.

There were 15,000 visitors to the county, and 1,500 room nights booked.

Turnbull said the chamber is excited to see the new hotel at Batavia Downs open, with a ribbon cutting at 5:30 p.m., Nov. 2.

The chamber will have its own grand opening to look forward to in January at its new office building on Park Road, but staff will start moving into the new facility this week.

"We'll have a have a ribbon cutting, of course," Turnbull quipped. "We're a chamber."

The new board of directors was also introduced:

Chris Suozzi, chairman, from the Genesee County Economic Development Center
Immediate Past Chair: Hiedi Librock, Town of Batavia


The directors are:
Steven Beardsley – Tompkins Bank Of Castile 
Mary Blevins – ESL Federal Credit Union
Tim Call – Empire Tractor
Jeff Cook – Liberty Pumps
Keith Conway – Z&M, Ag and Turf
Jonathan Mager – Arctic Refrigeration Co. of Batavia
Michael Nolan – Batavia Downs Gaming
Chan Patel – Quality Inn & Suites 
Michael R Rivers – Rybak, Metzler & Grasso PLLC
Danielle Rontondo – Terry Hills Golf Course & Banquet Facility
Joseph Teresi – Tompkins Insurance Agencies Inc.
Chris Thorpe – Darien Lake Theme Park
Eric Wies – Clark Patterson Lee
Jennifer Zambito – Genesee Community College Foundation
Robert Bausch – Genesee County Legislative Liaison

September unemployment in Genesee County reported at 4.2 percent

By Howard B. Owens

Genesee County's unemployment rate continues to say in the low 4-percent range, according to the latest figures from the state's Department of Labor.

The September 2016 rate was 4.2 percent, compared to 4.1 percent a year earlier. 

There are 29,000 Genesee County residents with jobs, out of a labor force of 30,400. The labor force participation a year ago was 30,200.

Total non-farm jobs in Genesee County for September was reported at 23,500. A year ago, 23,600 non-farm jobs were reported in the county.

Oakfield 7-Eleven robber gets three year prison term

By Howard B. Owens

The second of two men arrested the day the 7-Eleven in Oakfield was robbed in March was sentenced to three years in prison for his part in the crime.

Tyler Penepent, 22, avoided a possible 25-year term by accepting a plea deal.

Co-defendant Justin Smith also entered a plea deal previously and has already been sentenced to three years in prison.

The duo was captured because a clerk in the 7-Eleven recognized Smith and they were taken into custody within hours of the robbery. 

They were charged with robbery in the first degree after entering the store at 2:30 a.m. March 14 wearing ski masks. They confronted the clerk and demanded the code to the cash register. They took off with an undetermined amount of cash.

Via our news partner WBTA.

84-year-old woman given five years probation on drug sales conviction

By Howard B. Owens

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At 84-years-old, soon to be 85, Laura Viehdeffer is likely the oldest person to ever plead guilty to a drug sales charge.

Viehdeffer, a resident of West Main Street, Batavia, was arrested May 25 for two incidents nearly a year before when she sold hydrocodone, which she had a prescription for, to an agent of the Local Drug Task Force. She entered a guilty plea in August to one count of criminal sale of a controlled substance.

She was sentenced yesterday to five years probation by Interim Judge Michael Pietruzska.

Defense attorney Jamie Welch argued that given his client's lack of criminal record and advanced age, a conditional discharge (meaning the conviction is wiped clean if she stayed out of trouble for six months) was the most appropriate sentence.

 “This is unlike the 20-, 30- or 40-year-old defendants facing these charges,” Welch said.

Pietruzska made no comment on Welch's argument before sentencing Viehdeffer.

Viehdeffer made no statement prior to being sentenced.

Photo and info via our news partner, WBTA.

Collins critical of health insurance rate increase, fewer plan choices

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement after reports found that premiums for Obamacare’s benchmark plans are set to increase by an average of 25 percent. Additionally, consumers' coverage choices will be drastically reduced in many areas.

“The implosion of this failed law was to be expected,” Collins said. “Congressional Democrats and President Obama forced this program into law, despite knowing full and well that the initial rates were artificially low and unsustainable for insurers. Families must now either find 25 percent more income to pay for these increased premiums or opt for significantly reduced health coverage for their loved ones.

“Unfortunately, this latest price increase is another slap in the face to hardworking New Yorkers that Obamacare has failed time and again. Last year, more than 200,000 New Yorkers were kicked off their health care plans after Health Republic overpromised benefits to its consumers, and left New York taxpayers with the double whammy of having to pay for the its $265 million in losses.”

Since passage of the Affordable Care Act in 2010, premiums and deductibles have increased substantially, the largest private health insurers in the nation have attempted to merge due to crippling losses, and more Americans are on taxpayer-funded Medicaid than ever before, according to Collins.

The collapse of CO-OPs across a variety of states has cost taxpayers more than $1.2 billion. Congressional Republicans have repeatedly proposed and voted to keep certain safeguards of the Affordable Care Act, while increasing plan flexibility and making insurance more affordable and accessible for all Americans.

Congressman Collins has been an outspoken advocate against this failed healthcare program since being elected to Congress. He currently serves on the Health Subcommittee for the Energy and Commerce Committee, which has jurisdiction over many aspects of Obamacare and has continuously worked to replace this flawed law.

Troopers renew search for former Oakfield woman who went missing 22 years ago

By Howard B. Owens

It's been 22 years since a woman who grew up in Oakfield disappeared, but yesterday, State Police investigators took a fresh look at the case with a search of a pond on property once owned by her husband.

There's been no update on the search, but several troopers participated in the search, according to our news partner, 13WHAM.

Sandra Sollie, formerly Sandra Cervone, was nearly seven months pregnant when she disappeared after last being seen at a shopping mall in Macedon.

Sollie was a resident of Macedon and Ralph Sollie's former property on Weidrick Road, Macedon, is the subject of the search. The property has been searched several times over the years, according to 13WHAM's report.

Sandra still has family living in Genesee County.

Genesee Cancer Assistance opens office in UMMC

By Howard B. Owens

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Genesee Cancer Assistance has opened up an office inside United Memorial Medical Center, next to the Lipson Cancer Center, to help the agency better serve its clients. 

"We offer financial assistance for medical co-pays, reimbursement of travel expenses and any medical-related expenses not covered by insurance," said Sue Underwood, executive director. "The patients can use the money for whatever they may need related to their treatment."

Via our news partner, WBTA.

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