A possible tree fire is reported in Elmwood Cemetery on Harvester Avenue in Batavia. City firefighters are responding.

The Clarion Hotel in Batavia will be filled this weekend with superheroes, space aliens, monsters and robots, all gathering to partake in Foxprowl-Con, the first local comic and collectables convention.

Bill Hume, owner of Foxprowl Collectables on Ellicott Street, is the lead organizer of the event, which he said could draw from 2,000 to 4,000 guests from all over the region.

The convention will feature more than 100 vendors and several celebrities from the world of comics and sci-fi/horror entertainment, including Mark Dodson, from Star Wars and Gremlins, Kevin Duhaney and Jeff Parazzo, from Power Rangers, Adam Minarovich from the Walking Dead, Steve Cardenas, from Power Rangers, and Tyler Green and Rashaad Santiago, from FaceOff, among others.

These photos are from this afternoon while vendors were setting up. The convention opens this evening and continues Saturday and Sunday. For more information, visit foxprowl-con.com.

Two Batavia Cheerleading Youth Camps will be offered next month and are open to ages 4 through 13. Cost is $25 if registration is before Dec. 4; otherwise it's $30.

You do not have to be in the Batavia School District to participate. All are welcome. Camp sessions will be held at the Batavia Middle School Gymnasium from 5:30 to 7:30 on Friday, Dec. 18, and from 10 a.m. to 12 p.m. on Saturday, Dec. 19. Participants must attend both sessions.

Coaches and parent volunteers will be working the camps accompanied by basketball junior varsity and varsity cheerleaders. Both camps are mandatory. Participants will learn jumps, arm motions, cheers & chants, stunting, and a 45-second routine appropriate for each age level. They are: Level 1 -- ages 4-6; Level 2 -- ages 7-9; and Level 3 -- ages 10-13.

All cheerleaders will perform the routine learned at the camps with varsity cheerleaders at the Genesee Community College Christmas Tournament game on Monday Dec. 28. Game details and warm-up time TBA.

To register, make checks payable to Batavia Cheerleading Boosters and send cash or check to:

Batavia City Schools

Attention: Justine Briggs

260 State St.

Batavia, NY 14020

Include the registrant's name, age and T-shirt size. Also include an emergency contact name, emergency contact primary phone number, and emergency contact e-mail address.

For additional information or questions, e-mail Bataviacheerleading@gmail.com

Visit on Facebook at Batavia Cheer - Batavia Cheerleading

The Stafford Zoning Board of Appeals decision that denied James Pontillo a variance for a fence behind the former Odd Fellows Hall, was reversed in state Supreme Court on Friday.

The Hon. Mark J. Grisanti said the ZBA’s September decision was “arbitrary and capricious.”

Grisanti’s decision followed an hour-long hearing at the Genesee County Courthouse.

Pontillo’s attorney, Peter J. Sorgi, said he was gratified by the judge’s decision.

“But I’m incredibly frustrated that it has taken this much time and money,” Sorgi said. “The money he spent on this should have been put into that building.

“The town would have a really nice building instead of paying lawyers and doing all this nonsense,” he added.

The ruling apparently ends a two-year tussle over the fence.

Pontillo bought the historic building at 6177 Main Road in 2010. In 2013, he built a wood fence along the west property line behind the building.

The town issued a stop-work order, and the matter ended up in court. A town judge ordered the fence removed, and that decision was upheld on appeal by Superior Court Judge Robert C. Noonan.

Pontillo’s request for an area variance was denied by the town ZBA on Sept. 15.

On Friday, Grisanti said the ZBA considered the harm the fence would cause. But there is no evidence the board weighed that harm against the benefits to Pontillo, he said.

“(The decision) seems to be a violation, in a sense of their own procedure,” Grisanti said.

The town could appeal the decision. Sorgi said an appeal would cost “a minimum of $10,000” and take a year to reach a courtroom.

“If they want to throw more money away on this, they have that right,” Sorgi said.

Town Attorney Kevin Earl said he would not recommend an appeal.

“I believe this will end it,” Earl said. “It’s up to the judge to make a determination. He made it, and we have to live with it.”

Pontillo was joined in court by about a half-dozen friends and supporters. The group gathered afterward at Coffee Culture.

Pontillo wasn’t in a celebratory mood.

“In a way, they won,” he said.

The legal case has prevented him from finishing work on the fence, a job that will now not resume until the spring.

Also postponed, was work on the building’s exterior, lot paving and roof replacement.

“Because of this delay I really had no desire to do anything more with the building until I saw that I could prevail and move forward with the process,” Pontillo said.

Still, he said, he feels no regret about buying the building.

“I still believe there’s potential there,” Pontillo said. “And I still believe I get good support from the community.”

Press release:

Plans are under way for the 14th Annual Celebrate Agriculture Dinner, which will take place at 6 p.m. on Saturday, March 19, at the Alexander Fire Hall. This event is a celebration of Genesee County’s number one industry – Agriculture. The highlight is a delicious meal using locally produced foods prepared by Penna’s Catering. The dinner is open to the public.

Tickets go on sale Dec. 1 at the Genesee County Chamber of Commerce (210 E. Main St., Batavia). Tickets are $30 each or a table of 10 can be purchased for $275. Only 400 tickets will be sold. Order your tickets now as the event always sells out. Tickets will not be available at the door. Sponsorships are also available, which help support agriculture educational events in Genesee County.

The Celebrate Ag Dinner is coordinated by the following partners:  Cornell Cooperative Extension of Genesee County, Genesee County Chamber of Commerce, Genesee County Soil & Water Conservation District and Genesee County Farm Bureau. Many local farms and businesses sponsor this event.

For more information contact the Genesee County Chamber of Commerce at 585-343-7440, ext. 27, or chamber@geneseeny.com

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that he has signed on as co-sponsor of the NY Cares Act-Sanctuary City Bill, legislation to strictly enforce federal immigration laws and prevent dangerous illegal immigrants from seeking sanctuary in our state and avoiding deportation.

During the past four years, 121 illegal aliens committed murders after they were released from deportation hearings, despite having prior criminal records. The bill, A.8552, is being carried in the Senate by Sen. Tom Croci (R-Long Island).

“I am sponsoring this legislation because I believe protection of the citizens of this state should be our top priority,” Hawley said. “ISIS operatives already have made it clear that they intend to infiltrate our state and do harm to our men, women and children. By more strictly enforcing federal immigration policy, we can prevent violent immigrants from gaining sanctuary in our communities and deport those who are actively supporting terrorism or are sympathetic to radical Islamic views.

"We cannot afford to continue turning a blind eye to illegal immigrants for the purpose of cheap labor, leaving our communities vulnerable to dangerous criminals. The global war on terrorism requires a heightened level of security and restriction on our immigration policy, and that is exactly what this bill intends to do.”

It took the city's Zoning Board of Appeals more than 45 minutes Thursday to make motions, collect seconds and tally votes on five variances that clear the way for a new Dunkin' Donuts franchise on West Main Street, across from Redfield Parkway.

After a presentation by the project's engineer Kip Finley and comments from members of the public, all Redfield Parkway residents opposed to the project, it came time for the ZBA board to vote on the variance requests for parking, driveways, building placement and height.

Minutes would pass before a motion would be made, then a long pause before a second, and when the question was called, the votes came slow.

All of the variances were approved, but as Chairman Jeff Gillard confirmed later, the board wasn't really thrilled to be the final hurdle the developers need to clear to be able to proceed with the project.

"You can't go by emotion," Gillard said. "You've got to follow the law."

With no legal reason not to approve the variance requests, the board didn't have much recourse, even if they are sympathetic with the concerns of Redfield Parkway residents over potential traffic congestion in the area.

The traffic issues are not part of the ZBA's legal authority to consider.

On the fifth and final variance, allowing a 14-foot wide driveway to access the property from West Main, Board Member Emma Kate Morrill-Mahoney struggled with her vote. She's expressed concern that the angle still wouldn't prevent cars from trying to use it as an exit. The zoning code calls for a 20-foot wide driveway, but that width would probably make it even more likely that patrons would use it for an exit, causing traffic issues. So if Morrill-Mahoney voted no, causing disapproval of the variance on a tie vote, the driveway would have to be 20-foot. When she realized her vote would potentially only make matters worse, she decided to vote yes.  

The Redfield Parkway residents who spoke uniformly raised concerns about traffic congestion.

"What does Dunkin’ Donuts have against the better neighborhoods in Batavia?" asked Donald Fryling. "First they build at the end of Ellicott Avenue, now they want to build at Redfield. What’s next, a donut shop on Naramore Drive?"

A Dunkin' Donuts at this location, between Barrett's Marine & Sporting Supplies and Five Star Bank, was first proposed a year ago and that proposal was rejected by city planners. Finley met with city staff and fashioned a new proposal to address the concerns of the city and the residents. The building will be Cape Cod style in design to better match the homes in the area; it's frontage will align with Barrett's to be a little more urban and less suburban sprawl in feel; and the driveways will be narrower to better channel traffic in the directions that least hinder the flow of traffic.

All of these changes necessitated approvals for variances from the ZBA, and since they were good faith efforts by the developer to address concerns, the ZBA couldn't just arbitrarily reject them. 

Among the questions raised through the planning process is why Dunkin' Donuts in this location? Why not another location?

Franchisee Mike Mikolajczyk said it's simple, this location makes the most business sense.

"It's absolutely the best location we could have in the city," Mikolajczyk said.

There have been marketing studies and traffic flow studies and all of the data singles out this location as the best one currently available among all other options.

"It's a great intersection, a great area, that's why everybody wants to be there and that's why it's busy, and that's where Dunkin' goes, a busy area," Mikolajczyk said.

Finley said the next step in the process is completing the architectural drawings and completing the purchase of the property.  The earliest the new shop could be open is prior to Christmas 2016.

Since a donut shop isn't a destination type of business, but a business that captures existing traffic, it's important to be where the traffic is, Mikolajczyk explained, and since it's not a destination, it won't add to traffic congestion, as some neighbors fear.

"I've visited with people in the neighborhood and they all have my phone number," Mikolajczyk said. "I don't' want to be a bad neighbor. I don't want to have people hate me before I even get in there, so I'm doing my best to be a good neighor and be a good businessman and asset to the neighborhood."

One reason the location is important to Mikolajczyk is that his current location -- on the corner of Ellicott Avenue and West Main -- does a great job of capturing eastbound traffic. It doesn't capture a lot of westbound traffic, and the new location will do that, he said.

Asked why this location instead of something on East Main, and Mikolajczyk kind of smiled. That may be coming, too, he said.

Photo by Nicole Tamfer; info submitted by Diane Bonarigo.

Jackson Primary School students and staff decorate Jackson's Community Caring Tree for The Wonderland of Trees at HLOM. Jackson students created ornaments in Art class of many different people and organizations that help the school each year. Some of the ornaments included, firemen, police officers, volunteer readers, military personnel, bus drivers, dentists, Cornell Cooperative Extension reps,  and JAHA.

The students were reminded through this project how much the Batavia Community cares about the children. (First picture) Brock Bigsby, Nolan Wright, Connor Malone Wesley Fisher, Carleigh Miller, Ryan Bigsby, Lauren Nelson,  and Reese Koukides, Mrs. Bonarigo, Mr. Sloan, Mr. Calandra, Mrs. Mundell, Mrs. Koukides, Mrs. Nelson, Mrs. Clark, Mrs. Tamfer, Mrs. Bigsby, Mrs. Torrey.

The Wonderland of Trees opens tonight with a gala starting at 7 o'clock.

There’s a family story about Diana Zinni’s first experience with music.

She was just a toddler. And MTV — the music video channel — wasn’t much older.

“Apparently, the first time they plopped me down in front of it, I saw the Beastie Boys’ ‘Fight for Your Right (To Party!),’ ” said Zinni, a Brooklyn-based singer/songwriter who grew up in Le Roy.

“I just went nuts,” she added. “And that was it — I was obsessed with music.”

Years later, her childhood obsession resulted in an internship at New York City’s Chung King Studios, where the Beastie Boys once recorded.

Clearly, some things have a way of coming full circle, like a chance encounter or a musical motif.

Zinni will close a circle of her own on Nov. 25, with an acoustic performance at Le Roy’s Smokin’ Eagle BBQ & Brew. The “Thanksgiving Eve Party,” which also features DJ Jimmy B, will support an Indiegogo campaign for Zinni’s as-yet-untitled debut album.

The crowdfunding effort was officially launched on Tuesday. Supporters can pre-order the album and receive other perks by contributing via Indiegogo. (See link below)

Zinni was recently described as “one of the hardest working indie artists in the game” by the music blog Evensound. Another music writer called her a “dreamy folk goddess.” (“I swear I didn’t tell her to write that!” Zinni says.)

Zinni calls her own work “folk-pop,” and has developed a style that mixes clever wordplay with catchy melodies.

“I focus a lot on lyrics,” Zinni said. “The lyric and melody usually pops into my head together as a unit. I finish it from there, and kind of figure out what chords make sense for it.”

Her songs, she said, “all have their own little story.” 

An example is “The Moon,” which was featured on a digital EP titled “More.” Zinni said the song arrived one evening during a walk in the Carroll Gardens neighborhood of Brooklyn.

“I literally stopped in the middle of my walk, sat on these church steps and the whole chorus came to me immediately,” Zinni recalled. “It was a beautiful way to receive the song, by just sitting on those church steps.

“Fortunately, I take walks with a notebook!”

She calls it a very spiritual, very personal song; and one she’s especially proud of.

Can you forgive me for making the moon?

Can you forgive the world you see?

I’ve got a god-like longing with a human reach

The EP’s title song, “More,” also explores issues of love, loss and longing.

Everybody’s got a card up their sleeve and one foot out the door

some just have an anchor that won’t let em sail from the shore

and we all want more

Her latest, is “Love Me Like New,” the debut single from her upcoming album. You could call the song — available for streaming via Soundcloud — a teaser for a project Zinni launched before she really knew how to make music of her own.

Her parents, Rick and Cathy Zinni, can attest to that. (As can her "exremely supportive" brother, John.)

“You should have seen me in the car growing up,” Zinni said. “I was such a control freak about what was playing the radio.

“It was my lifeline — hearing songs was my lifeline.”

Zinni knew she would be a songwriter. And early on, she was committed — someday, somehow — to moving to New York City and making a record.

But if she was a dreamer, she was one with her feet planted solidly on the ground.

She focused on the guitar, and took lessons from Dan Clor, who founded the Le Roy-based heavy metal band D-ZL. Clor also helped Zinni make her first song recording.

After graduating from Le Roy High School in 2003, Zinni chose to attend Oneonta State College for its well-regarded Music Industry program. She earned degrees in music industry and business economics and completed a minor in Audio Arts Production.

Currently, she is the studio manager at Joe Lambert Mastering in Brooklyn. As it happens, Lambert, the studio’s owner, is a native of Batavia and a Grammy-nominated recording engineer.

Zinni’s move to Brooklyn was a leap of faith that paid off.

“It was a magical time in my life, because I was in the right place,” Zinni says. “And I finally met the right producer.”

Bryan Kane is also a native of Upstate New York, in his case Corning. They met during a studio party in 2011, and a year later began a working relationship that resulted in the EP, “More.”

The idea of performing back home in Le Roy, was sparked in June. Dan Clor, who now lives in Los Angeles, was returning east with his band, Weapon-X, and a reunion performance with DZ-L at Rochester’s Montage Music Hall. He asked Zinni to share the bill.

At the show that night was DJ Jimmy B — James Barsaloux — who often appears at the Smokin’ Eagle.

“I was selling homemade, burned CDs,” Zinni said. “He came up to me with a card and said ‘You have to play the Eagle sometime when you’re home.’ ”

This fall, Zinni began to work on a live, hometown show in support of her Indiegogo campaign.

Zinni plans to release her first album early next year. After that, she’ll assemble a band and schedule a CD release performance for an appropriate venue in the Rochester area.

Hard work she hopes makes a dream come true.

“I’ve been working on it for a while, and I’d really like to get it finished,” she said. “I’d like to make the debut real.”

The “Thanksgiving Eve Party” will be from 7:30 to 10:30 p.m. Nov. 25 at Smokin’ Eagle BBQ & Brew, 9 Main St., Le Roy. For information call (585) 768-4770 or visit www.smokineagle.com.

Learn more about Diana Zinni via the following links:

Diana Zinni’s Debut Album on Indiegogo: https://www.indiegogo.com/projects/diana-zinni-s-debut-album#/

Listen to “Love Me Like New”: https://soundcloud.com/diana-zinni/love-me-like-new

Listen to the “More” EP: https://dianazinni.bandcamp.com/releases

Music videos, including “More” and “The Moon”: https://www.youtube.com/user/dianazinni

Facebook: https://facebook.com/dizinni

Twitter: https://twitter.com/dianazinni

Instagram: https://instagram.com/dianazinni

Newsletter Sign-Up: http://eepurl.com/9zC3T

Christmas in the City will be held on Friday, Dec. 4, and will also mark the conclusion of the closing ceremonies for Batavia's Centennial celebration.

First, starting at 6 p.m., come and behold the Centennial Time Capsule in the foyer of City Hall. See the sponsor wall and the legacy gift. Enjoy a dessert bar with a variety of toppings and hot chocolate. The first 100 people will receive a free Centennial mug!

Bid on a piece of history. Offer a price for the Centennial Street Banner that has bedecked the City Hall sign and take it home as a keepsake if you win. Silent auction bidding opens for 100 pennies.

Then, at 6:15 p.m., the lineup begins in nearby Austin Park for the aerial "Human 100" group photograph -- hopefully with 500 volunteers dressed all in blue or white or gold! Be part of the photo and receive a free Centennial flashlight. Photo will be taken at 6:45 p.m.

At 7, watch the parade along Jefferson Avenue and be on the lookout for the Centennial cake! And golden "coins" made of chocolate tossed to onlookers by Centennial celebrants, too!

The evening's closing ceremonies for the Centennial concludes with a fireworks extravaganza at 8 o'clock, compliments of the Centennial sponsors.

Christmas in the City will also feature:

Photos with Santa at GO ART! (5-9 p.m.)

Stores & Restaurants Offering Specials & Entertainment (5-9 p.m.)

Holiday Window Decorating Contest (5-9 p.m.)

Horse & Wagon Rides on Center Street (across from Adam Miller Toy and Bicycle) (5-9 p.m.)

FREE Shuttle Rides from Save-a-Lot to Wonderland of Trees at Holland Land Office Museum (5-9 p.m.)

Batavia Concert Band in the Batavia City Centre (6-6:45 p.m.)

HAPPY HOLIDAYS!

(Sponsors: GOLD: The Batavian, Tompkins Bank of Castile & Tompkins Insurance)

As part of the city's ongoing Centennial celebration, there is going to be an aerial photograph taken of the "Human 100." The city is calling for 500 volunteers to stand "in cheery formation dressed in festive blue, white or gold wintry wear!"

This crowd shot in the form of the number 100 will take place at Austin Park on Friday, Dec. 4th, within lineup forming at 6:15 p.m.

An additional volunteer opportunity in celebration of the Centennial will take place immediately following the Human 100 photo shoot.

All will get to walk alongside the Centennial Cake in the Holiday Parade that kicks off this year's Christmas in the City festivities. There's one condition: Participants must be wearing blue, white or gold to be in the parade!

The route is along Jefferson Avenue and walkers will get chocolate coins to toss to rapt and merry parade watchers.

Questions? Call Vibrant Batavia is 738-7388 or contact Leanna Di Risio at:  leanna@vibrantbatavia.com

From Matt Worth, city director of Public Works:

The water line repair has been completed on Law/Chestnut Street between South Jackson and Walnut streets in the City of Batavia and the street is open to thru traffic.

Eugene Jankowski Jr., of Batavia, won 1st Place Law Enforcement, 1st Place Senior and placed 17th overall out of 241 competitors at the 2015 Smith & Wesson, International Defensive Pistol Association (IDPA) Backup Gun Nationals.

Held Nov. 5-7 at the Smith & Wesson Employee Sports Center in Springfield, Mass. The theme for this year’s match focused on the “Roaring Twenties,” which challenged competitors with intricate props and shooting obstacles inspired from the decade as they raced through 14 stages of fire using small, concealed-carry-style handguns. Courses of fire required traditional two-handed shooting as well as shooting one-handed at fast moving targets.
 
A highlight video of the match can be found here https://youtu.be/wlVk3_kwV2s
 
For complete match results  http://www.idpa.com/compete/competitiondetails/21220

The International Defensive Pistol Association (IDPA) is the governing body of a shooting sport that simulates self-defense scenarios and real life encounters. It was founded in 1996 as a response to the desires of shooters worldwide. The organization now boasts membership of more than 20,000, including members in 50 foreign countries.

Paul M. Gelardo, 30, of Valley View Lane, Batavia, is charged with: three counts of third-degree burglary, which are Class D felonies; one count of second-degree criminal mischief, also a Class D felony; and one count of fourth-degree grand larceny, a Class E felony. His arrest concludes several investigations in the Town of Stafford. It is alleged that between April and September of 2014 that Gelardo unlawfully entered three separate buildings and removed items from them and also damagedf equipment at a stone quarry when he was allegedly removing wire from it, according to a Sheriff's Office press release from Chief Deputy Jerome Brewster. Gelardo was identified as a suspect when DNA found at one of the burlgaries allegedly matched his. None of the missing items have been recovered. Gelardo was put in jail in lieu of $10,000 bail and is set to reappear in Stafford Town Court at 9 a.m. on Thursday, Dec. 10.

Lena Marie Evans, 28, of Vine Street, Batavia, is charged with making graffiti and third-degree criminal trespass. Today (Nov. 19), following the investigation of a graffiti and trespassing complaint near Route 98 in the Town of Batavia on CSX Railroad property, Evans was arrested on these charges. She allegedly went on railroad property without permission at 8 p.m. on July 15 and painted graffiti on a building. She was issued an appearance ticket and is scheduled for Town of Batavia Court at 1 p.m. on Thursday, Dec. 10. The case was investigated by Sheriff's Deputy Saile.

John Wesley Johnson, 59, of Pearl Street, Batavia, is charged with petit larceny, aggravated unlicensed operation, 3rd, and operating with a suspended registration. Johnson was arrested on Nov. 11 for allegedly stealing about $66 worth of merchandise from Walmart before leaving the story. He was stopped by Batavia Police Sgt. Dan Coffey and then arrested and jailed in lieu of $250 bail. The case was investigated by Sheriff's Deputy Christopher Parker assisted by Sgt. Coffey.

Paul A. Russo, 40, of Frewsburg, was arrested by state Troopers on Nov. 17 and charged with petit larceny. An arrest warrant was issued after he allegedly swapped his used sneakers for a pair of Nike Flex valued at $70 from Kohl’s Department Store on Oct. 23. No further information was released.

Two people were arraigned on drug dealing charges in County Court on Wednesday, following their arrests on warrants the night before.

Information on the investigation leading to their arrests has not yet been released.

Charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a narcotic drug with intent to sell, both Class B felonies, is Donnie Armstrong, 43, of East Main Street, Batavia. Armstrong is being held on $10,000 cash bail or $20,000 bond.

Also charged is Laura L. Fletcher, 41, of Holley Street, Lockport. She is charged with criminal sale of a narcotic drug and criminal possession of a narcotic drug with intent to sell. Her bail is $10,000 bash or $20,000 bond.

It's unknown at this time if the cases are related.

UPDATE 3:50 p.m.: The arrests of Donnie Armstrong and Laura L. Fletcher were made after the conclusion of an investigation into the sale of "crack" cocaine in and around the City of Batavia, according to a press release this afternoon from the Sheriff's Office. The investigation was done by the Genesee County Local Drug Enforcement Task Force -- comprised of officers from the Sheriff's Office, Batavia Police NET and Le Roy Village PD. The task force was also assisted in the investigation by state Parole and the DA's Office.

Press release:

Law/Chestnut Street between South Jackson and Walnut streets in the City of Batavia will be closed to “local traffic only” during the day today due to a water line repair. It is not expected that water service will be interrupted or affected.

County government is moving toward passage of a budget for 2016 that holds the line on the tax rate for local propety owners.

Wednesday, the Ways and Means Committee recommended approval of a $27,199,344 spending plan that keeps the tax rate $9.86 per thousand of assessed value for 2016, the same as 2015.

With increases in assessed value throughout the county, that rate will still provide the county with an overall growth in the tax levy by $323,051.

County Manager Jay Gsell said the county was able to trim off three cents from the original 2016 proposed rate by keeping the belts tight on government appropriations.

"We basically said to all the departments and agencies of county government, particularly the outside agencies, 'No increase in funding requests, and to the county departments, we want you to hold the line as much as possible,' " Gsell said.

It helps, Gsell said, that the state has capped how much it demands from the county for the local share of Medicaid funding. In each of the past two years, the county hasn't been asked to pay more than $9.3 million. In the past, that number would go up 8 percent or more each year, Gsell said.

The budget includes a full year of anticipated deficit spending to keep the county nursing home operating, though the Legislature anticipates the county will be out of the nursing home business before the close of 2016. There is a purchase offer in place with a private company that will take over operations and ownership of the property.

The spending plan includes appropriating about $2 million from the county's fund balance (or general fund cash reserves). That's a smaller draw on the fund balance than previous years. Primarily, spending fund reserves is a way of smoothing the county's cash flow throughout the year. It helps maintain the nursing home and covers beginning-of-the-year shortfalls while the county waits for property tax payments to roll in. In the previous years of fund-balance spending, the county has still finished the year in the black and at the end of 2014 the reserves stood at $10.5 million.

The budget process has gone well, said Ray Cianfrini, chairman of the Legislature, because the legislators, on the whole, want to be responsible about how they handle taxpayers' money.

"I think it's fair to say the mindset of most all of the legislators is pretty fiscally conservative and we're very conscious of the fact that we're elected by the public and we want to make sure the public is getting the best bang for the buck," Cianfrini said.

It was a priority to hold the line on the tax rate, Cianfrini said.

"Nobody likes to raise taxes unless it's necessary and the first thing we always look for in the budget process is 'Are we able to hold the rate down?' " Cianfrini said. "Last year we had a reduction of 16 cents per thousand, so I think going into this year's budget our mindset was we would prefer not to raise taxes."

Holding the line meant asking department heads to keep down spending, not hire more staff, postpone some projects or equipment purchases. Even so, Cianfrini said, county residents will still get a responsive, functioning county government.

"I personally feel this budget meets all the needs of the smooth operation of the county government," Cianfrini said. "Now, if we talk to the department heads, I'm sure the department heads would love to have more personnel, certainly. Talk to the Sheriff, talk to other people in different departments, would they like more? Yeah, absolutely they'd like more, but it comes with a cost. They all seem to be willing to work within the budget we presented."

A 25-year-old Bethany man who was charged in January with reckless assault of a child and later accepted a plea deal was sentenced in County Court on Tuesday to one-and-a-third to four years in prison.

Anthony Dibble entered his guilty plea six weeks ago to attempted assault on a child in the second degree.

Dibble was accused of causing a brain injury to a 2-year-old female.

The child was said to be recovering from her injuries at the time of Dibble's initial arrest, said ADA Will Zickl at the time.

Dibble is the child's biological father, Zickl said; however, the child lives with her mother, who is not a Genesee County resident.

The parents are not married, Zickl said.

By mutual agreement, the toddler was staying with Dibble on an overnight visit in August of 2014.