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Caledonia resident accused of several thefts from vehicles in Oakfield over the past year

By Howard B. Owens
Dalton Long

Investigators believe they have found the man responsible a series of thefts from vehicles in the Village of Oakfield over the past 12 months with the arrest of Dalton A. Long, 18, from Caledonia.

Long was allegedly found in possession of numerous items reported stolen to the Genesee County Sheriff's Office.

The items recovered date back to the first reported theft in the series in January 2013.

Long is charged with grand larceny, 4th, criminal possession of stolen property, 4th, one count of identity theft, 2nd, one count of petit larceny and six counts of criminal possession of stolen property.

Following arraignment in Oakfield Town Court, Long was jailed on $15,000 bail.

The investigation was conducted by Deputy Brian Thompson with assistance from Deputy Bradley Mazure and Youth Officer Timothy Wescott.

The investigation is continuing  and additional charges are pending.

Collins named to house subcommittee on space

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) has been named to the House Subcommittee on Space, his sixth subcommittee assignment.

“It’s an honor to join the Subcommittee on Space and I am grateful for the opportunity to work to develop policies that advance our nation’s space program,” Congressman Collins said. “Western New York is home to a growing number of companies that support our space program, and I look forward to using this assignment to champion that sector."

Under the House Committee on Science, Space, and Technology, the Subcommittee on Space has legislative jurisdiction, general oversight and investigative authority on all matters relating to astronautical and aeronautical research and development.

Congressman Collins is currently a member of the House Agriculture and Small Business committees and serves as Chairman of the Small Business Subcommittee on Health and Technology.

In addition, under the House Committee on Agriculture Congressman, Collins serves on the Subcommittee on General Farm Commodities and Risk Management and the Subcommittee on Horticulture, Research, Biotechnology, and Foreign Agriculture; under the House Committee on Small Business, the Subcommittee on Investigations, Oversight and Regulations; and under the House Committee on Science, Space and Technology, the Subcommittee on Research and Technology.

Hawley promoted to assistant minority leader in the Assembly

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he has been promoted from Minority Whip to Assistant Minority Leader of the Assembly Minority Conference. In his new role, Hawley will help create conference policy initiatives, urge his fellow legislators to support pro-job creation proposals and better advocate for his constituents' concerns.

“I am humbled to be picked for this important role in the Minority Conference. I plan to use this new position to give voice to my constituents and promote policies that create jobs, lower the tax burden on Western New York families and protect our country’s veterans,”  Hawley said. “I thank Assembly Minority Leader Brian Kolb and my colleagues for trusting me with this task. With their support and the support of my constituents, I look forward to serving in this role.”

Kolb said “I am pleased to announce the promotion of Assemblyman Steve Hawley from Minority Whip to Assistant Minority Leader. Assemblyman Hawley has been a staunch supporter of small businesses and farmers, and he understands the importance of creating jobs and improving the economy.

"He has served in our armed forces, is a successful businessman, been active in his community and has consistently been a strong voice for his constituents. Assemblyman Hawley will undoubtedly use his unique background, skill set and strong work ethic in his new position to help effect meaningful change in New York. I look forward to working with him to improve the lives of all New Yorkers.”

GCC trustees review plan for implementing Start-Up New York program

By Howard B. Owens

Press release:

Monday night, Genesee Community College Board of Trustees reviewed the plan that the College will use to assess proposals from companies interested in applying for the Start-Up New York, also known as State University of New York (SUNY) Tax-free Areas to Revitalize and Transform Upstate NY program.

The statewide initiative was introduced by Governor Andrew Cuomo last year to encourage potential developments on or within one mile of each of SUNY's 64 campuses by offering tax-free status to both the company and new employees for up to 10 years. Each SUNY institution can designate up to 200,000 square feet of space for Start-Up New York projects to create new jobs associated with the academic curriculum offered by the connected campus.

For further information about Start-Up NY go to: http://startup-ny.com/

William Emm, GCC's executive vice president for Planning and Institutional Effectiveness, is GCC's point-person for the new, Albany-based initiative that aims to transform SUNY campuses into tax-free communities for new and expanding businesses. Emm shared GCC's multipage assessment plan that requires: each proposed company to identify the designated space, including square footage, with an AutoCAD site drawing; a description of the type of business being proposed; how the business aligns with GCC's academic mission and programs; and how the business generates community and economic benefits.

Additional assessment questions include:

• How will the company's product or service further GCC's mission?

• How many new net jobs will be created in the first two years of operation and overall?

• How many future employees will require additional training or education provided by GCC?

• How will the company establish itself as a good member of the community?

• Has the local municipality and/or economic development entity been informed of the tax-free space request?

With this information, GCC's designated Start-Up NY advisory committee, which will include representatives from the College's four-county service area, will carefully review each proposal and score the applications against a thoughtfully compiled rubric.

GCC President James Sunser will be informed of all incoming applications, remaining abreast of the committee's efforts and recommendations, while keeping the Board of Trustees apprised of each opportunity.

Any applications that meet all criteria will be reviewed by the GCC Board of Trustees and, with the Trustees' approval, an amended Campus Plan featuring the new business partnership will be available for review for a minimum of 30 days by GCC's Faculty Senate, local municipality, local economic development agency, applicable union representatives and the Student Government Association. With successful review and approval, the application is then submitted to SUNY for review and approval.

"We have developed protocols and strict criteria at different levels of the College to ensure companies are fully qualified to receive these tax-free benefits," President Sunser said. "All proposals and people will be considered under a consistent and thorough review to remain above any question of impropriety."

After a lengthy discussion, the Board approved the next phase of the process which allows College administrators to submit GCC's Start-Up New York evaluation and review plan to be submitted to SUNY for the next level of review and critique.

Route 77 at Phelps Road closed to northbound traffic for accident

By Howard B. Owens

A motor-vehicle accident on Route 77 has led to the closure of the highway to northbound traffic at Phelps Road.

The initial call for the accident indicated there was a vehicle on fire, but no injuries. 

By the time the first fire chief arrived on scene, the fire was out, but he also found three people reporting minor injuries.

Pembroke and Indian Falls fire departments dispatched along with Mercy EMS.

Law and Order: Duo accused of giving false identity to police

By Howard B. Owens
Kiyonta M. Moffett Lillie Owens

Kiyonta M. Moffett, 23, of Buffalo, is charged with false personation, 2nd, aggravated unlicensed operation and operating with one headlamp; Lillie B. Owens, 21, of Erie, Pa., is charged criminal impersonation, 2nd, and was also arrested on a warrant out of Amherst. Moffett's car was stopped on Route 63, Batavia, by a state trooper for a broken headlight. When the trooper approached, allegedly the driver did not produce a license. The driver allegedly gave a name that later turned out to be false. It turned out, the name given was for a person with a petit larceny warrant out of Cheektowaga. Owens was reportedly a passenger in the vehicle and also allegedly gave a false name when asked to identify herself. Moffett was jailed on $750, and bail was set at $250 for Owens.

Arthur Mack Osborne, 47, of Park Road, Batavia, is charged with criminal contempt. Osborne is accused of contacting a person protected by court order. Osborne was reportedly attempting to leave New York for Florida at the time he was located by Deputy Brian Thompson. He was jailed on $2,000 bail.

Sara Elizabeth Schimley, 24, of Weaver Street, Buffalo, is charged with criminal possession of a controlled substance, 7th. Schimley was taken into custody on a warrant out of Le Roy Town Court.

Robert Darnell Wright, 22, of East Tupper, Buffalo, was arrested on a warrant for alleged failure to pay fine imposed by court. Wright was arrested at the time of his release from Monroe County Jail, where he was held on an unrelated matter. Wright was arraigned in Genesee County Court and released upon his promise to make his monthly payments.

County Court Report: Le Roy rapist given 18 years in prison

By Howard B. Owens
Charles Johnson

A 29-year-old man who broke into the apartment of a woman in Le Roy and raped her at knifepoint has been sent to prison for 18 years by Judge Robert C. Noonan.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, will also be required to have 25 years of post-release supervision.

Johnson entered a guilty plea Nov. 26 in an agreement with prosecutors that he serve no more than 18 years in prison.  The minimum sentence available to Noonan, which he rejected, was eight years.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

Johnson was identified as the suspect through DNA evidence, leading to his quick arrest following the May 9 rape.

Michael Nicometo

Also in Genesee County Court today: Michael A. Nicometo, 28, of 45 North St., Le Roy, who was scheduled for sentencing this morning on his conviction for burglary, 3rd. Nicometo was involved in the heist of high-voltage copper wire from industrial buildings in Le Roy. Nicometo missed his appearance time today and a warrant was issued for his arrest. In the afternoon, he voluntarily appeared in court and his sentencing has been rescheduled for 11:45 a.m., Monday. Earlier this month, Nicometo missed his scheduled sentencing appearance because he was reportedly hospitalized in Rochester. Police arrested Nicometo in March following an investigation into the theft of high-voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

Shane Bell

Yesterday in County Court, Shane M. Bell, 47, of 161 Jackson St., Batavia., charged with assault in the 2nd degree for allegedly hitting a man outside the Harvester bar on Harvester Avenue, was scheduled for a plea cut-off hearing. The plea cut-off date was extended to Jan. 23. If Bell and his attorney are unable to reach a plea agreement with the District Attorney's Office by that date, he will go to trial April 21.

Chief says video surveillance can help fight crime in Batavia

By Howard B. Owens

The bad guys have surveillance cameras. Why shouldn't the guys in white hats have them, too?

Rob Yaeger, Batavia PD's assistant chief, said during an interview today that seeing surveillance cameras on the homes of known troublemakers is an increasing trend.

"Usually it's the houses we have to go to repeatedly, they have the cameras," Yaeger said. "They want to know who's coming to their door."

As part of the 2014-15 city budget, Batavia PD is requesting $7,500 for a surveillance camera.

Based on initial reactions from the public, Chief Shawn Heubusch thinks there are misconceptions about its purpose and how it will be used.

First, it won't be a stationary camera. It will be portable so it can be set up in anticipated trouble spots and moved around as needed.

Second, its video feed won't be monitored 24/7.

"I just don't want the general public to get the idea that it's Big Brother watching them because we don't really have the need to do that, nor we do we want to," Heubusch said.

Cameras have been successfully used to deter crime in Binghamton and Hornell, Heubusch said.

While those cameras are stationary, "they've seen a very dramatic decrease in crime where cameras are installed," Heubusch said.

The chief said he understand some of the concerns some people have expressed about surveillance cameras, but he believes in certain neighborhoods at certain times, they can be helpful in fighting crime.

"I certainly wouldn't want one out in front of my house, but if I lived on a bad block, I might want one in front of my house," Heubusch said.

Of course, surveillance camera technology these days has gotten so good and so inexpensive, that just about anybody -- including criminals -- can set up cameras outside their homes.

It's not a bad idea for people interested in protecting their property or their neighborhood to install their own cameras, Heubusch said.

"I would encourage anybody, if they can afford it, to install a video surveillance system just around their house, around their property, because property crime is always there," Heubusch said. "Unfortunately it will always be with us."

That said, in response to a comment on The Batavian, Heubusch said, it's still up to Batavia PD to take advantage of technology to help fight crime. The police can't rely solely on private citizens installing cameras. For one thing, the chain of evidence rules might make it harder for such video evidence to be admissible, especially if the resident demands anonymity.

It's also just better for police to conduct their own operations.

"It's our property," Heubusch said. "We're the ones in charge of keeping the safety and security of the residents of the city. I'm not going to depend on somebody else to put a video surveillance system on a troubled property. I'll do that myself. That's my job."

Still, in today's society -- not just in Batavia -- crime is always a public worry, and if residents want to take on themselves the installation of cameras in their neighborhoods, that's not a bad thing, Heubusch said.

"We do everything we can to stay on top of it (crime), but we'll take all the help we can get, so if somebody wants to install a camera system at their house, by God, bring it on."

Batavia's top cops offer more information in proposed 'neighborhood sweeps'

By Howard B. Owens

One of the keys to what officials are calling a neighborhood sweep program in Batavia is to give law-abiding residents a safe outlet for sharing with cops what they're seeing on their blocks.

While explaining further the program to The Batavian today, Batavia PD Chief Shawn Heubusch and Assistant Chief Rob Yaeger, used the example of "Granny Smith" and how she'll benefit from the program and interact with police.

"She's going to have a police officer come up to her door and talk to her, because, you know, Granny Smith is probably the lady that says, 'I don't want to bother the cops. They've got so much better things to worry about,' " Yaeger said. "Or she's going to be one of those says, 'if I say anything, they (the criminals) are going to know it's me.' We're going to talk to everybody on the street so nobody can be singled out so somebody can say, 'that's the one who said something.' "

Contrary to previous reports, Heubusch said, the police aren't coming in and locking down a neighborhood for two or three hours. People will be able to come and go -- maybe not without being asked to show an ID -- and the sweeps will be over quickly.

"That's one of the keys to this -- giving people the outlet to come and talk to us," Heubusch said. "Like Rob said, there are people won't call us because they don't want to bother us, or they won't call us because they're concerned about what might happen to them. Well, if you've got a whole neighborhood willing to make that connection right there, in person, face to face, without any fear of retribution, that's going to embolden or empower people to come forward with more information in the future."

The timing for the program, perhaps, couldn't be better, the city's two top cops said.

In recent months there've been reports of shots fired on State Street and on Jackson Street, an armed robbery on Jackson, armed robberies of local hotels and an alleged burglar picked up this week off Park Avenue while carrying a loaded handgun.

The gun play is getting worse and worse and worse," Yaeger said. "We need to stop this and clean it up now."

The program is inspired by a series of neighborhood sweeps instituted in Buffalo. Law enforcement and municipal leaders there have met with Batavia officials and are providing ongoing consulting.  The sweeps have been very, very successful in Buffalo, Yaeger said.

"The chief in Buffalo told me, 'if we had started this program 20 years ago, we wouldn't be having the problems we have now,' " Yaeger said. "It's been very, very successful for them and the citizens absolutely love it."

It's been so successful and so well received in Buffalo, Yaeger said, local residents should wait to see it implemented in Batavia before passing judgment.

"In Buffalo, the neighborhoods love it," Yaeger said. "The block clubs love it. You'll see, once it's been tried here, the neighborhood will love it. There will be positive reviews."

The sweeps won't just include police officers. There will also be code enforcement officers, parole and probation officers, animal control officers and representatives of other government agencies. 

"It's going to be like one of those national night out events where everybody comes out for a meet and greet," Yaeger said. "They're going to get to know the cops, get some of their issues addressed -- 'I don't know who to call, who can help.' It's not like we're showing up in SWAT gear saying, 'OK, who are you hiding in there?' Nothing like that. It's going to be positive."

Neighborhoods selected for sweeps will be chosen based on data -- increased numbers of calls for service, more reports of criminal activity and perhaps one particular house known to be a cause of trouble or specific individuals in a neighborhood police believe will be causing problems.

In most cases, in fact, police might have one or two or three known troublemakers they hope to locate in a particular neighborhood, which is why a street might be closed to vehicle traffic, making it harder for targeted individuals to slip out without detection.

The sweeps will be completely unannounced for that reason, as well.

Heubusch agreed with City Manager Jason Molino who said part of the goal is for law enforcement to be a nuisance for those who are being a nuisance.

"That's one of the things that is often over looked in policy today," Heubusch said. "Because we're often inundated with calls, officers are often tied up on other things, so to go out and do that proactive police work where you're just bothering the people who are bothering us is tough to do sometimes. So you put together details like this and it gives our officers the opportunity to be a bit of a nuisance for the people who are being a nuisance."

For civil libertarians, Heubusch said the police officers will obey the law and department regulations, which means a person can't be forced to provide identification or detained without probable cause. 

Of course, police officers can pretty much tell when somebody is refusing to provide identification on principal compared to the guy who won't provide identification because he has something to hide, and will react -- within the limits of the law -- accordingly.

The sweeps themselves, it's not a hostile takeover of a neighborhood," Heubusch said. "We're not going to be shutting Granny Smith in her house so she can't go get her medication or go see her granddaughter in a play or anything like that. It's going to be targeted enforcement in specific areas to try and squash the criminal activity."

Tracks in the snow help investigators recover cache of items allegedly stolen from cars in Oakfield

By Howard B. Owens

An accused thief left tracks in the snow in Oakfield today that helped local law enforcement connect him to a series of car break-ins on Coe Avenue, Main Street and Maple Avenue.

Deputy Chris Parker received the original complaint of items missing from a car in Oakfield and was able, with the assistance of Trooper Frank Valetta and Investigator Roger Stone, to follow the footprints to other vehicles that were discovered to also have items missing.

When investigators caught up with the suspect he allegedly had with him several GPS units, a radar detector and numerous power cords.

Some of the items belonged to victims who didn't even know yet that their belongings had been stolen.

Investigators believe all items that were stolen were recovered.

Charged with petit larceny was Jordan Ray Smart, 21, of Gibson Street, Oakfield.

Smart may face additional charges, including numerous charges of petit larceny.

Smart was issued an appearance ticket and released.

The ground this morning was covered with a thin, but fresh layer of snow, which aided Parker, Valetta and Stone in their investigation.

Cianfrini says he's ready for the challenge of leading Genesee County government

By Howard B. Owens

The Ray Cinanfrini era of the Genesee County Legislature has officially begun and the lifelong Oakfield resident certainly has some plans to try and make an impact.

In the top drawer of the desk in his county office Cianfrini keeps a sheet of 8 1/2 by 11 inch piece paper filled from top to bottom with ideas he would like to pursue.

Whether any of them are ever brought forward, pan out or receive the support of the other eight members of the county's legislative body, only time will tell.

"I think this job is going to be a challenge," Cianfrini said. "We have a group of legislators who are dedicated. We have some new members who are young and energetic. I'm excited, but I'm also a little scared. Whatever happens, I'm going to give it everything I've got to ensure the county is in as good of shape, if not better, than when I took over."

Cianfrini, who served seven years as the mayor in Oakfield before being elected to the Legislature in 2007, replaces Mary Pat Hancock, who held the chair for 13 years.

Hancock's former office has been cleared of its mementos, photos and paintings. The walls are now bare. Since taking over the job, Cianfrini said, he simply hasn't had time to deal with decorations.

"I used to say I was a full-time attorney and a part-time legislator," Cianfrini said. "I think the roles have been reversed right now."

The job will be daunting, no doubt, in a time when state government is more and more burdensome, infrastructure is aging and the county struggles to find ways to grow its economic base, there's nothing easy about leading a whole county.

Cianfrini is an unabashed booster of Genesee County, but he's also more than aware of the problems we face.

"I don't like the idea that we might lose industry," Cianfrini said. "I hope we're able to maintain the high level of active, large employers we have. Agriculture, of course is a big industry for us and we have the two new yogurt plants, so I'm hoping our dairies will be around for a long time. If anything scares me, I would hope crime does not seep into Genesee County. I know we have crime, but I hope we don't get the overflow of crime that seems more prevelent in the larger cities around us. And I worry about whether our children will have a place to find jobs locally."

That focus on jobs and industry is one reason Cianfrini appointed himself as the Legislature's representative on the Genesee County Economic Development Center Board.

While Cianfrini has gained a reputation as something of a GCEDC critic at a time when many local residents worried about seeming excesses in the agency, Cianfrini said his position about the IDA is often misunderstood.

"My criticism in the past has been focused on their operations, their internal operations, in particular their compensation for employees," Cianfrini said. "I've never criticized the GCEDC in their performance. I think they do a bang-up job. I think they're intelligent and hard-working people. I'm not in there with an agenda. I'm not there to impose on them any of my particular feelings. I'm there to learn more about the GCEDC. I'm there to help, if I can."

Top on Cianfrini's agenda is assisting the development of the STAMP (Science, Technology & Advanced Manufacturing Park) project in Alabama, which is part of his district.

"I'm a huge supporter of STAMP," Cianfrini said. "It's a transformational project that's going to be a tremendous economic boost for Genesee County."

It's in the county's best interest, Cianfrini believes, for GCEDC to succeed in attracting new business and growing local industries and he's supportive of those goals.

"I know this may sound crazy, but I'm going to be there rooting for them to achieve their goals and create new opportunities for economic development."

At the same time, he said, he's mindful of his responsibility to provide both oversight and communication about GCEDC activities for the rest of the Legislature.

"I am there as the only representative of the county Legislature, so I will scrutinize what goes on. If there's issues that I think need to be addressed, I'll bring those back to the Legislature," Cianfrini said. "I did not put myself on the board soley for the purpose of changing the way in which they do business. I'm there to learn. I'm there to offer any assistance I can, but if there's something I don't think is right, I'll be, as most people know, the first person to bring that to the attention of the Legislature."

The 68-year-old Cianfrini graduated from Oakfield-Alabama High School in 1963. His undergrad degree is from the University at Albany and he was drafted into the Army after his first year in law school. Following a two-year hitch, Cianfrini completed his law degree in 1972 and moved back to Oakfield.

He has practiced law in Oakfield for 42 years.

He's married. His wife, Karen, is a nurse at UMMC. They have three children.

Their oldest son, Michael, 39, is also an attorney. He and his wife, Melissa, worked for big law firms in Pittsburgh, but decided they wanted to move to Oakfield to practice law and joined Cianfrini's law firm more than 10 years ago. Late in 2013, Michael Cianfrini was appointed deputy county clerk. Melissa Cianfrini is in her third year as an assistant district attorney.

Daughter Christy Connor is an epidemiologist in San Diego. She and her husband have three children.

The Cianfrini's youngest son, Steve, 33, served eight years in the Army as a combat helicopter pilot, with an 18-month tour in Iraq, where his helicopter was once shot down, and a tour that included heavy combant in Iraq. In search of a more tranquil life, Steve left the Army not long ago and took a job in Grand Rapids, Mich., as a postal carrier.

Not too many months ago, when asked about the anticipated vacancy in the Legislature's chair, Cianfrini demurred, expressed little interest.

That changed, he said, when Annie Lawrence, the more senior Republican on the Legislature, made it clear to her colleagues that she didn't want the job. 

Cianfrini decided he was up for the challenge and that he could make the time to do the job right.

"The way I look at it, there was county government for 200 years before I came in and there will be county government, hopefully, for 200 years after I leave," Cianfrini said. "I just want to make sure while I'm here at the helm that government runs efficiently at the lowest cost."

The job is important, Cianfrini said, because Genesee County is important.

"I just love Genesee County," Cianfrini said. "I think anybody who has been born here has difficulty giving it up. We have two major metro areas around us. If we want to go to a football game, if we want to go to the opera, or to a show or shopping, we have it. The beauty is, we've got the serenity of Genesee County. It's a beautiful area. It's a great place to raise children. I think the school systems are excellent. Why give that up to go someplace where you don't know what you're getting into?"

To help make this an even better place to live, there are some ideas Cianfrini would like to pursue.

For example, he thinks the Legislature should take a look at public safety in county-run buildings.  He wants to, maybe, propose opening up the County Park in Bethany to bow hunters during bow season. That would generate revenue for the county and also help deal with the exploding deer population in the park. Perhaps, he said, the county government should go paperless, with Legislators carrying around iPads instead of binders and folders. He would like to look at a public-private partnership to build more hangars at the Genesee County Airport.

That's just a part of the list he keeps in the top drawer of his desk.

He also anticipates working out an agreement with the GCEDC that would lessen the burden on taxpayers to help support the agency.

Last year, the county supplemented GCEDC's revenue (which comes mostly from fees paid by businesses that use the agency's services) with a $215,000 expenditure. 

Steve Hyde, CEO of GCEDC, has always argued that the county government needs "skin in the game" to prove to site locators that economic development is supported in Genesee County, and that the money helps GCEDC balance its books.

Cianfrini has another approach he would like to try and be thinks just might fly.

"I've talked with GCEDC and they're willing to talk now about the possibility of working out a formula that might minimize the county's contribution," Cianfrini said. "At times when their cash flow is good, we don't pay as much taxpayer money to support them, but on the other hand, when maybe money is tight, or revenue is drying up, maybe we increase our contribution rather than have a fixed amount. They seem willing to talk about adjusting that payment."

Now that Cianfrini has a more comprehensive responsibility in Genesee County than just representing one district, or just chairing one committee, he's working hard to get to know the rest of the county's business, learning as much as he can as quickly as he can about all of the county's departments.

He sees his role as a facilitator to develop and implement policy, and that means he needs to really understand the nuts and bolts of county government.

"I kind of look at it like this," Cianfrini said. "From a team perspecitve, we're like a football team. The people are the owners of the team. The taxpayers are the owners. The Legislature, we are kind of the board of directors to set the policy for the team. Jay Gsell, our county manager, is kind of the general manager of the team. Our department heads, they're the coaches. They're the ones working with the players. The players are the employees. I'm seeing my job as the chairman of the Legislature as one to help move policy along and to maybe offer some fresh ideas."

Asked if he thinks his new job makes him one of the more powerful people in Genesee County, Cianfrini said, no, not really.

"I think I can influence certain things, what things will come before the Legislature," Cianfrini said. "I think I can influence the direction we may be going in. If that means power, so be it, but I don't think of it as a powerful job. I don't want power. I don't seek power. I want efficiency and I want results. That's where I'm coming from."

Water service disruption on portions of Bank and Ross expected tomorrow

By Howard B. Owens

Press release:

A contractor will be making repairs on a private waterline on Bank Street near Ross Street on Thursday, Jan. 16th. This work may require the City water main to be shut down to complete these repairs. If a service interruption is required it will impact water service on Bank Street (between Chandler Avenue and Vine Street) and Ross Street (between Bank Street and North Street). Water service would be shut down after 9 a.m. until repairs are completed which may last several hours. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Law and Order: Woman who allegedly used stolen gift card to purchase cake at Walmart arrested

By Howard B. Owens

Angela Irene, 44, of South Grand Road, Medina, is charged with grand larceny, 4th. Irene was arrested as a result of reports on The Batavian and OrleansHub of a purse being stolen from a shopping cart in the parking lot of the Batavia Walmart and a gift card subsequently being used to purchase a cake at the Walmart in Albion. As a result of the publication of the surveillance photo from the Albion Walmart, the suspect turned herself in to local law enforcement. The Sheriff's Office also received numerous phone calls identifying the suspect. The case was handled by Investigator Kristopher Kautz and Deputy James Diehl.

Jillian E. Dibble, of Akron, is charged with DWI and driving with a BAC of .08 or greater. Dibble was stopped at 7:50 a.m. Sunday on Route 77 at Reynolds Road, Darien, by State Police.

Alexander E. Dills, 23, of Stafford, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, unlawful possession of marijuana, criminal possession of a weapon, 4th, and aggravated unlicensed operation. Dills was arrested by State Police at 8:55 a.m. Saturday. No further details released.

Darrnell J. Barnes, 51, of Alabama, is charged with DWI and driving with a BAC of .08 or greater. Barnes was stopped at 7:42 p.m. Saturday on Alleghany Road in Alabama by State Police.

Watch for patches of black ice on your morning commute

By Howard B. Owens

An area of light snow mixed with patchy freezing drizzle is creating the potential for black ice in some areas, according to the National Weather Service.

This could be a particular problem on bridges, overpasses and other elevated surfaces.

"Motorists should exercise caution during the morning commute as area roads may have a few slick spots," forecasters said.

Three-car accident reported on Route 63 near East Road, Bethany

By Howard B. Owens

A three-car, head-on accident is reported on Route 63 near East Road, Bethany.

Injuries are reportedly minor, with one person complaining of hip pain and another with a leg injury.

Bethany fire and Mercy EMS responding.

UPDATE 6:28 a.m.: Traffic is being shut down at Transit and East roads.

UPDATE 6:33 a.m.: A deputy on scene says just two vehicles are involved.

UPDATE 6:58 a.m.: Patient number one has been extricated.

Sheriff tells SCOPE members that SAFE Act enforcement is a matter of officer discretion

By Howard B. Owens

ADA Will Zickl

A police officer doesn't always need to write a ticket after making a traffic stop, nor does an officer need to arrest somebody suspected of violating the SAFE Act, Sheriff Gary Maha told members of Genesee County SCOPE at a packed meeting Tuesday night.

Maha said he's obligated under the oath of his office to uphold the law and if the Sheriff's Office receives a complaint about a possible violation of the SAFE Act, a deputy is required to investigate the complaint. It will be up to the deputy to decide whether an arrest is in order.

"An officer has the ability to exercise discretion and that's what we're going to do in Genesee County," Maha said.

His comments prompted applause from SCOPE members.

Maha, along with County Clerk Don Read, Assistant District Attorney Will Zickl and Undersheriff William Sheron were guests of SCOPE at its regular monthly meeting.

Zickl opened the discussion by recapping a recent court decision by U.S. District Court Judge William M. Skretny upholding much of the SAFE Act, or as Zickl called it repeatedly, "the so-called SAFE Act," and overturning others.

Skretny ruled the ban on assault rifles constitutional but threw out the limit on seven rounds in a magazine.

Zickl said the ruling was full of flawed logic.

"I hope there is some other court somewhere who tells him so," Zickl said.

The ruling only applies to the jurisdiction of Skretny's court, which is Western New York.

Read spent some time discusing a provision of the SAFE Act that requires all pistol permits to be recertified every five years.

The process, especially the first time around, is going to be burdensome and bureaucratic and to help get a jump on the process, the state is going to start sending out letters to pistol permit holders soon telling them to apply immediately for recertification. The first pilot project will begin soon in Albany County.

However, what the letters won't tell the holders, nor will any other state literature on the topic, Read said, is that recertification isn't required until 2018.

Read said he doesn't know what the state will do if permit holders simply don't respond to the early recertification request.

The state recently contacted all county clerks and asked if the clerks would like the county seal placed on letterhead sent to pistol permit holders informing them of the recertification process. Read said he told state officials no, but he and other county clerks are concerned the state will use county seals anyway.

Courtland County's Legislature has approved a resolution telling the state not to use its seal. Ray Cianfrini, the new chairman of the Genesee County Legislature, told SCOPE members that the local body will take up a similar resolution and he expects it to pass easily.

That brought another round of applause from SCOPE members.

SCOPE President Bill Fox raised a concern about a provision in the law that would require any pistol permit holder who loses his or her permit for any reason to turn in to State Police all of his or her guns, even rifles and shotguns.

"It's like a backdoor to take away the rest of your guns," Fox said.

Zickl said, "It's a very substantial and very troubling amendment to the law," adding, "you don't have to be too paranoid to be worried about that section of the law."

During his remarks, Maha noted that the governor proudly trumpeted a few weeks ago that so far there have been 1,291 arrests under the SAFE Act in New York.

"What he doesn't tell you is 1,029 were made in New York City," Maha said.

There have been no SAFE Act arrests in Genesee County, Maha said, and only a couple in the neighboring rural counties.

"The law doesn't make sense for Upstate," Maha said. "It was written by the people in New York City who don't know anything about guns because all they know is Downstate and down there guns kill people, so guns are evil. That's not true for us. We were brought up with guns. We hunt with them. We shoot targets with them, but that's not true if you're in New York City."

Sheriff Gary Maha, County Clerk Don Read and Assistant District Attorney Will Zickl.

A hand raised above the crowd during a Q&A portion of the meeting.

Bob Wilson asked a couple of questions, including asking why Genesee County doesn't secede from the rest of New York. Ray Cianfrini, chairman of the Legislature, encouraged SCOPE members to support Assemblyman Steve Hawley's bill, which Hawley introduces every year, calling for a referendum on splitting New York in two. When the question was repeated, Cianfrini said, with a touch of a smile, "I don't think Genesee County will be seceding by itself."

Also, tomorrow, on the one year anniversary of the SAFE Act becoming law, one member of SCOPE said everybody who supports repeal of the SAFE Act should call the governor's office tomorrow and respectfully request the SAFE Act be repealed. The governor's office phone number is (518) 474-8390.

Public service approves items for county highway department

By Howard B. Owens

County Highway Superintendent Tim Hens had a few items approved today by the Public Service Committee:

  • The sale of surplus property, specifically a 2001 Chevrolet Silverado 1/2 ton 4x4 pickup truck.
  • Authorizing the county to enter into a consultant agreement with C&S Engineering for the final design of a new terminal and maintenance hangar at the Genesee County Airport. The total design contract is $240,024, with $199,500 being previously approved. The increase includes $11,111 in new state aid and $29,913 in airport deferred revenue. 
  • An agreement to work with the Town of Batavia on reconstruction of the intersection at Powers Road and Pratt Road. The project will eliminate a hill and fill in a dip, improving visibility for drivers approaching the intersection. The total cost of the project is $400,000 and will be covered in part by a 90 percent federal grant.
  • Authorized purchase of a new 4x6 dump truck, wing, plow and harder sander for $205,918 from Beam Mack Sales in Rochester. The highway department runs six such trucks "nonstop" Hens said. The trucks haul snow, salt, dirt, tree stumps and other material that needs moved place to place. "These are workhorse vehicles," said County Manager Jay Gsell.
  • Authorized the purchase of six Ford Fusions, a Ford Escape and a 12-passenger van from Van Bortel Ford, East Rochester, at a price not to exceed $165,360.

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