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A motor vehicle with possible serious injuries reported on Route 77

By Howard B. Owens

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There may be serious injuries following a motor vehicle accident on Route 77 at Indian Falls.

Dispatchers are checking on the availability of Mercy Flight.

The accident involves a tractor-trailer and a passenger vehicle. 

Pembroke and Indian Falls along with Mercy EMS  dispatched.

There are power lines down in the area.

UPDATE 1:52 p.m.: A person is trapped in the vehicle.  Mercy Flight is on in-air standby.  East Pembroke responding mutual aid.

UPDATE 1:58 p.m.: Mercy Flight is canceled.

UPDATE 5:20 p.m. (Information and Photos from Alecia Kaus/Video News Service): According to Chief Deputy Brian Frieday, emergency crews were called to Rt. 77 and Indian Falls road about 1:47 pm. Preliminary investigation shows a passenger vehicle was headed west on Indian Falls Road and failed to stop at the intersection at Rt.77. The passenger vehicle was struck by a northbound tractor-trailer. Both vehicles ended up in a field northwest of the intersection. Frieday confirms there are two fatalities in the passenger vehicle.  The driver and one passenger in the tractor-trailer were not injured.

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Law and Order: Wyoming County man accused of impaired driving and drug possession

By Howard B. Owens

Fletcher M.  Royce, 33, of Dunham Road, Varysburg, is charged with criminal possession of a  controlled substance 3rd, driving while impaired by drugs, and DWI. Royce was located on Galloway Road in Pembroke after deputies received a suspicious condition complaint at 2:24 p.m., Sept. 17, and taken into custody by Deputy Trevor Sherwood and Deputy Erik  Andre. 

Jesslyn Faustine Bigelow, 25, of West Main Street Road, Batavia, is charged with harassment 2nd.  Bigelow is accused of harassing another resident of the apartment complex at 3727 West Main Street Road, Batavia.  Bigelow was issued an appearance ticket.

Cole Ryan Booth, 31, of Blasdell, is charged with criminal mischief and petit larceny. Booth is accused of damaging a vehicle and stealing its license plates in the parking lot of Darien Lake on Aug. 14.  He was arraigned in  Darien Town Court and released on his own recognizance. 

Alex Dumbleton, 28, of East Main Street, Batavia, is charged with attempted assault 2nd. Dumbleton,  being held at the Genesee County Jail on prior charges, allegedly attempted to kick a corrections officer.  Dumbleton was issued an appearance ticket.

Photos: Sunset and moonrise

By Howard B. Owens

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Melinda Hagen shared this picture from a couple of nights ago of the sunset as seen from the Byron-Bergen soccer fields.

Below, yesterday evening's moonrise in Pembroke by Joanne Meiser.

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All that glitters is classic cars at Pembroke's annual show, returning this Sunday

By Howard B. Owens

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The Pembroke Classic Car Show returns to Pembroke Town Park on Sunday with another large turnout of cherry classic cars and car fans expected.

The event, sponsored by the Pembroke/Corfu/Darien Kiwanis Club runs from 11 a.m. to 4 p.m.

The registration fee is $15 and is required for all participating vehicles. 

The number of trophy classes is expanding this year and the first 200 cars will receive a commemorative dash plaque.

More than  60 vendors are expected along with several food trucks. Crossroads House will host a huge basket raffle.  PCD Kiwanis will conduct a 50/50.  There will be a free blow-up slide for the kids and if you don't feel like walking ... ride the Trackless Train around the event. 

The Kids Car Cruise will be held from 11 a.m. to 1:00 p.m. 

The Pembroke Community Band will play from noon to 1:00 pm and a magician show will be held from 1:30 - 2:30 pm. 

Pre-registration has ended for the cars but classic car owners who wish to attend can download the application at pcdkiwanis.com to save time the day of the event.

GCEDC approves incentives for three projects, including Liberty Pumps

By Press Release

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors approved a final resolution for incentives supporting Liberty Pumps for a $13.7 million expansion at the company’s operations in the Town of Bergen the board’s September 9, 2021 board meeting.

Liberty Pumps will invest approximately $13.7 million to build a 107,138 sq. ft. materials facility in the Apple Tree Acres business park. The proposed facility is anticipated to contribute to the continuing growth of the company and will create 30 new full-time jobs with an average salary of $52,000 annually plus benefits. It is estimated that the project will generate $29 of investment into the local economy for every $1 of approved incentives. The project will receive sales and property tax exemptions of approximately $1.5 million.    

The GCEDC Board of Directors also accepted an initial application for a $4.5 million project proposed by Valiant Real Estate USA, Inc. (New York Bus Company). The company plans to build a new 20,000 square-foot facility at the corner of Saile Drive and Call Parkway in the Town of Batavia.

The project would create 24 full-time employee positions with an average salary range of $30,000 - $75,000 annually plus benefits. The project is requesting approximately $430,000 in sales, mortgage, and property tax exemptions. The project is estimated to generate $50 into the Genesee County economy for every $1 of requested incentives.

Finally, the Board accepted an initial application for incentives from J&R Fancher Property Holdings LLC.  The company is proposing a $1.7 million capital investment for a 14,000 square foot building located at Buffalo East Technology Park in Pembroke, NY.

J&R Fancher Property Holdings LLC plans to build six market-rate one-and two-bedroom apartments along with a 7,000 square foot commercial space.. The project is requesting approximately $254,000 in sales, mortgage and property tax exemptions.

As both projects are requesting incentives of over $100,000, public hearings will be scheduled prior to final consideration of incentives.

Sharrick Road Bridge expected to be closed to all traffic for three months

By Press Release

Press release: 

The Sharrick Road Bridge between Colby Road and Harper Road will be closing on Sept. 7 for a bridge replacement project. This project is expected to take 3 months. During this time the road will not be passable to regular traffic or emergency vehicles. A detour will be posted.

Law and Order: Batavia man accused of predatory sexual assault against a child

By Howard B. Owens
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Wesley Thigpen

Wesley N. Thigpen, 40, of Batavia, is charged with two counts of predatory sexual assault against a child following a sex abuse investigation by Det. Jason Ivinson. Thigpen is accused of a continuous course of conduct where he sexually abused two children while they were under age 13 in the City of Batavia between 2007 and 2016. Thigpen was arraigned in City Court and ordered held without bail. (Thigpen is currently in state prison serving a sentence on prior sexual abuse charges. Mugshot is from 2019.)

Nathan W. Stringer, 46, of West Linden Avenue, East Rochester, is charged with DWI, DWI with children in the vehicle (Leandra's Law), breath test refusal, moved from lane unsafely, and unlicensed operator.   At 9:28 p.m., Aug. 28, deputies responded to 8483 Alleghany Raod, Pembroke, for a report of a vehicle accident and a vehicle in a ditch.  Stringer was reportedly operating the vehicle and allegedly found to be intoxicated. There were four children in the car, all under age 15. Stringer was issued an appearance ticket.

Norman James Humel, 62, of Sumner Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed, moved from lane unsafely, failure to keep right, and refusal to take breath test. Humel was arrested following an investigation into a motor vehicle accident at 5:22 p.m., July 19, on Read Road in Pembroke by Deputy Kyle Krzemien. Humel was released on an appearance ticket.

Zachary S. Natale, 28, of Beacon, is charged with grand larceny 4th and burglary 2nd. Natale was charged with a burglary on Elm Street in May 2017.  He is currently in prison at Fishkill Correctional Facility on unrelated charges. He was ordered held without bail.

Joseph D. Turner, 39, of Albion, is charged with harassment. Turner was arrested on a warrant. He was arraigned in City Court and released on his own recognizance.

Eric P. Doleman, 51, of Pembroke, is charged with petit larceny and criminal possession of a forged instrument 1st. Doleman is accused of knowingly using a counterfeit $100 bill at a local business. Doleman was arraigned in City Court and ordered held without bail.

Rhonda L. Reisman, 49, of Batavia, is charged with criminal contempt 2nd. Reisman allegedly failed to comply with a court order. She was issued an appearance ticket.

Brian P. Griffin, 36, of Batavia, is charged with criminal obstruction of breathing, attempted assault 3rd, and endangering the welfare of a child. Griffin is accused of getting into a physical dispute with a juvenile on Ellicott Place at 4 p.m., Aug. 18. Several other children were allegedly in close proximity to the incident. Griffin was arraigned in City Court and ordered held on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Alyssa J. McKenzie, 23, of Batavia, is charged with harassment 2nd. McKenzie is accused of punching another person in the face on Aug. 23. She was issued an appearance ticket.

Andre L. Bryan, 42, of Batavia, is charged with harassment 2nd. Bryan is accused of striking a Batavia police officer in the face during an incident on Aug. 24 on East Avenue. He was issued an appearance ticket.

Michael J. Robbins, 61, of Batavia, is charged with petit larceny and criminal possession of a controlled substance. Robbins was allegedly found in possession of stolen property after an investigation into a larceny on East Main Street, Batavia.  He was issued an appearance ticket.

Danielle R. Tooley, 36, of Batavia, is charged with bail jumping 2nd. She was arrested by State Police and released on her own recognizance. 

Abigail E. Button, 26, of Charlotte, N.C., is charged with assault 3rd and criminal mischief 4th. Button was arrested by State Police at 10:51 p.m., Aug. 28 in the Town of Batavia. No details of the incident were released. She was issued an appearance ticket.

Tzepheniah R. Maccabees, 21, of Buffalo, is charged with DWI.  Maccabees was stopped by State Police at 5:20 a.m., Aug. 22, in the Town of Batavia. He was issued an appearance ticket.

Shawnika D. Spears, 34, of Buffalo, is charged with identity theft 3rd. Spears was arrested by State Police at 2:21 p.m., Aug. 13, in the Town of Alabama. She was issued an appearance ticket.

Law and Order: DWI arrest of Pembroke man reported

By Howard B. Owens

Gabriel Otis Houlihan, 19, of North Angling Road, Pembroke, is chargerd with DWI, driving with a BAC 0f .08 or greater, and moving from lane unsafely.  Johnston was arrested on Thursday in connection with an allegation that on July 18 at 5:35 a.m. he was driving drunk while on Peral Street Road, Batavia.  The arresting officer is Deputy Zachary Hoy.

Grand Jury Indictment: James J. Santiago, Jr., is indicated on counts of failure to register a change of adress as a sex offender and failure to sign verification form/confirm address. Santiago is accused of failing to register between October 2020 and February 2021.Grand Jury Indictment: James J. Santiago, Jr., is indicated on counts of failure to register a change of adress as a sex offender and failure to sign verification form/confirm address. Santiago is accused of failing to register between October 2020 and February 2021.

Law and Order: Luke Bryan concert goer allegedly found with baggies of drugs hanging from his socks

By Howard B. Owens

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Bryan Fitts

Bryan Lewis Fitts, 32, of Chestnut Ridge, Gasport, is charged with criminal possession of narcotics with intent to sell and two counts of criminal possession of a controlled substance with intent to sell. Fitts was allegedly found in possession of a sufficient amount of narcotics and controlled substances to suggest he intended to sell the illicit drugs after being ejected from the Luke Bryan concert at Darien Lake at 9:23 p.m., Saturday.  Deputy Jeremy McClellan reportedly spotted baggies of drugs hanging out of his socks.  He was arraigned in Town of Pembroke Court and released.

Aaron J. McFollins, 42, of North Spruce Street, Batavia, is charged with assault 3rd. At 1:18 a.m., June 4, McFollins is accused of throwing a chair at a woman causing an injury.  He was arraigned in City Court and released on his own recognizance.

Aaron J. McFollins, 42, of North Spruce Street, Batavia, is charged with grand larceny 4th, identity left 3rd, and petit larceny. McFollins is accused of taking and using another person's credit card.  McFollins was arraigned in City Court and released on his own recognizance. 

Larry Kennedy, 43, of Eastbrooke Lane, Greece, is charged with felony DWI, unlicensed operation, driving outside restrictions, driving without an ignition interlock device, and aggravated unlicensed operation. Kennedy was arrested by Batavia PD following an investigation into a suspicious condition at an undisclosed location on Aug. 8. He was released on his own recognizance.

Matthew Oppel, 34, of East Main Street, Batavia, is charged with driving while impaired by drugs, driving while using a portable electronic device, running a red light, and failure to keep right. Oppel on July 31 for an alleged incident at 7:37 p.m., March 20. Oppel was reportedly involved in a property damage accident on Main Street, Batavia. Following an investigation, Oppel was accused of driving while under the influence of drugs at the time of the accident.  He was issued an appearance ticket.

Laura R. Mroz, 32, of Chandler Avenue, Batavia, is charged with harassment 2nd. Mroz is accused of pushing another person on Aug. 7 at an undisclosed location.  Morz was issued an appearance ticket.

John K. Hobbs, 33, of Clinton Street Road, Batavia, is charged with menacing 3rd.  Hobbs allegedly threatened a woman and put her in fear of physical injury during an incident reported at 6 a.m., Aug. 13.  Hobbs was released on his own recognizance.

William G. Horner, 70, of Batavia, is charged with assault with intent to cause physical injury with a weapon, and Wendy L. Henry, 36, of Batavia, is charged with assault 2nd/injuring victim 65 or older.  Horner and Henry were arrested by State Police in connection with an incident reported at 8:39 a.m., Aug. 11, in the Town of Batavia. No further information was released. Horner was ordered held in jail and Henry was released on her own recognizance.

Jessica R. Parker-Sharkey, 28, of Rochester, is charged with criminal impersonation, criminal possession of a controlled substance 7th, and driving with a suspended registration. Parker-Sharkey was arrested by a trooper in connection with an incident at 3:20 p.m., Aug. 12.  No further information was released.  She was released on an appearance ticket.

Tyler J. Gasiorek, 27, of Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Gasiorek was stopped at 3:47 p.m., Saturday, in Bergen by a state trooper. He was released on an appearance ticket.

Patrick J. Reiner, 49, of Corfu, is charged with felony DWI and felony driving with a BAC of .08 or greater. Reiner was stopped by a trooper at 12:01, Sunday, in the Town of Pembroke. He was released on an appearance ticket.

David B. Kenjockety, 44, of Lockport, is charged with DWI and driving with a BAC of .08 or greater. Kenjockety was stopped by a trooper at 8:50 p.m., Aug. 13, in the Town of Darien. He was released on an appearance ticket.

Deborah M. Kreienberg, 62, of Pittsford, is charged with felony DWI and driving with a BAC of .08 or greater. Kreienberg was stopped by a trooper at 2:19 p.m., Aug. 13, in the Town of Bergen. She was released on an appearance ticket.

Owner temporarily closes Log Cabin over rodent concern

By Press Release

Press release:

The Genesee County Health Department is aware of concerns about rodents at the Indian Falls Log Cabin restaurant located in Corfu, NY. 

Public Health Sanitarians conducted an inspection this morning, August 13th, 2021, and the owner has voluntarily closed the restaurant.

The facility will remain closed until further inspections are completed. 

Town of Pembroke opts in to amended water supply plan; county leaders continue dialogue with Town of Darien

By Mike Pettinella

And then there was one.

The Pembroke Town Board on Thursday night voted, 5-0, to sign an amended water supply agreement with Genesee County, leaving the Town of Darien as the lone municipality not to opt in to a contract that would set the stage for $10 million in sales tax distribution from the county to its towns and villages over the next 38 years.

“We felt that it was more important to secure sales tax funding than to hold out on the water agreement,” Pembroke Town Supervisor Thomas Schneider Jr. said. “In good faith, we believed that it was best to mend some fences with the county.”

In a previous story on The Batavian, Schneider indicated there were some hard feelings over the way water agreements were handled in the past, but the current board is willing to give county leaders the benefit of the doubt – believing that the legislature will attain its goal of equalizing the water surcharge.

Schneider also said he talked to County Manager Matt Landers about the potential of “bumping up” the guaranteed sales tax money to be shared with the municipalities in light of the Village of Corfu (at the end of July) and Town of Pembroke opting in.

PEMBROKE MAKES COUNTEROFFER

“Hopefully, we are thinking that the $7 million in sales tax distribution could go to maybe eight or eight and a half million – based on having Corfu and Pembroke on board.”

Genesee County’s offer to distribute $10 million in straight sales tax revenue is contingent upon universal buy-in from its towns and villages.

Without that universal buy-in, the proposal is to distribute $7 million in annual sales tax revenue and an additional $3 million in other revenue on a periodic basis over the next 38 years.

Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Legislature Chair Rochelle Stein was asked if lawmakers would consider Schneider’s proposal to increase the guaranteed sales tax distribution.

Choosing her words carefully, she replied, “Here’s what I’m going to say: Let us do our work.”

“We have not met and we won’t until Monday. So, there’s a process that we follow and let us do our work. But, certainly, that suggestion is taken and welcomed.”

FIXING UNBALANCED TAX RATES

Currently, the county’s revenue sharing process has created a situation, per state law, where towns with villages inside them have to keep two separate books and have two separate tax rates – an A fund for townwide sales tax that affects everyone and a B fund for sales tax that only affects the services of taxpayers outside the village.

Stein said the legislature’s focus has been “to be able to direct that revenue sharing into the B funds of those towns and villages; that is our focus for this entire process. And, if we can find a way to get there together, that’s our goal.”

She previously explained that the $10 million figure that the county is committed to putting into the sales tax agreement would fix the unbalanced A and B tax rate.

When asked if she thought the Darien Town Board would change is mind and opt in, Stein said she that if it did reconsider, it would need to be mindful that the county has a timetable to adhere to “that is significant because our calendar has already started.”

The legislature’s Ways & Means Committee is expected to address the situation at its meeting this Monday, with the full legislature scheduled to vote on a distribution amount on Aug. 25.

“Plus, the City of Batavia has to do this at their meetings in September and the (New York State) Office of Comptroller needs 60 to 90 days and we already want to be able to distribute our third quarter payments (in October) as sales tax,” Stein advised.

“Time is not our friend right now,” she said. “But for those six towns that have the B funds or that have villages in their towns, it is truly meaningful for their more rural taxpayers to rebalance that property tax imbalance that is occurring right now for them.”

PURSUING WATER RATE EQUALIZATION

Landers said he was “happy” to learn that Pembroke passed the resolution.

“I know that they will be hopeful that the county as a whole, not just Genesee County but the towns, will remember this 5-0 vote when it comes time for the equalization of the retail water rate charged by the Monroe County Water Authority,” he said.

“The county can recommend an equalized retail rate and, again, I’m certain that Pembroke is hoping for a spirit of cooperation seeing that they agreed to sign this agreement because they know it is best for the county as a whole.  It is in everyone’s best interest to have an equalized rate because it allows for the free flow of water a little easier between the center and western parts of the county.”

Landers explained that the original agreements with towns and villages dating back to the early 2000s each had “little nuances in them,” with different considerations.

“When the county took over individual water systems, the county water fund would make some compensation sometimes for that,” he said. “For example, we paid off some of the debt of the Corfu water plant for that village. All of the amended water supply agreements that the county have undertaken over the last three or four years have been uniform; we wanted to make sure that they’re all the same.”

The new agreements allow for the county, with proper notification and justification, to increase the surcharge above 60 cents (per 1,000 gallons). The original agreements were frozen at 60 cents but since then, the later agreements raised it to $1.20 to pay for Phase 2 of the Countywide Water Supply Project.

CLEANING UP THE LANGUAGE

The county manager said one of the sticking points was the county removing erroneous language in the initial agreements that guaranteed supplying water to the municipalities.

“It’s erroneous in the sense that the Monroe County Water Authority, in our agreement with them, can’t guarantee us water; there are things that can happen,” he said. “It is difficult for us to guarantee something that’s not guaranteed to us.”

He said that changes had to be made “because we need water to pay for water.”

“When we go to Phase 3, 4, 5, 6 and 7 (of the Countywide Water Supply Project), if there needs to be an increase (in the surcharge) to pay for the debt service, there needs to be a way to pay for it,” he said, adding that 20- to 30-year cash flow projections – including the retirement of some debt service -- indicate that the surcharge should not increase that much, if at all.

Landers said that he continues to speak to Darien Town Supervisor Steve Ferry Jr. about his board’s decision.

“If Darien passed a resolution next week and they signed the water agreement, it is possible that the amount in the resolution on the floor of the legislature on August 25th could be amended to be increased to $10 million,” he said. “I still have hope that we can find a path forward so that we can share the full $10 million in sales tax, and have everyone on the same water supply agreement.”

Asked if Ferry has sought concessions from the county, understanding that Darien has been paying more for water than other towns and villages, Landers would not go there.

“I don’t want to get into the subject of proposals back and forth,” he said. “I want all of that to be discussed between him and I, and our legislature and his board.”

Previously: Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Caller notifies law enforcement of people in water at Indian Falls

By Howard B. Owens

A caller to emergency dispatch reports there are people in the water at Indian Falls.

The caller stated that the people parked their cars in the Log Cabin parking lot, on the south side of the falls, and walked around to the north side to enter the water.

A deputy is responding.

UPDATE 4:15 p.m.: The caller is no longer at the restaurant but provided a description of the vehicles to pass along to a deputy.  The deputy has found the vehicles.

Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD

By Mike Pettinella

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

Inspection leads to emergency bridge closure on Colby Road in Pembroke

By Press Release

Press release:

Due to a recent bridge inspection, the Colby Road Bridge over the Murder Creek in the Town of Pembroke will need to be closed to all traffic immediately until further notice.  The bridge is located just south of the CSX Railroad Tracks that run alongside NYS Route 33.

Genesee County will be assessing the bridge condition and we will reopen the bridge as soon as it is safe to do so.

Law and Order: Rochester woman accused of filing false claims to get food stamps

By Howard B. Owens

Kristin Renee Forte, 33, Alandale Avenue, Rochester, is charged with grand larceny 3rd, eight counts of offering a false instrument for filing 1st, and five counts of forgery 2nd. Forte is accused of omitting wages she earned while working when filing for SNAP benefits.  She allegedly received $3,767 in SNAP benefits she was no eligible to receive.   The case was investigated by Social Services Officer Robert Riggi.  Forte was arraigned and released on her own recognizance. 

Jay Daniel Lucas Schutt, 33, of South Pearl Street, Oakfield, is charged with harassment 2nd. At 11:30 p.m., Saturday, Schutt allegedly tackled and wrestled with another person on the ground at a location on South Pearl Street, Oakfield. Schutt was issued an appearance ticket.

(name redacted upon request), 24, of Cayuga Creek Road, Alden, is charged with evidence tampering, criminal possession of a weapon, criminal possession of a controlled substance, driving while impaired by drugs, and speed not reasonable and prudent.  xxxx was arrested following an investigation into a single-vehicle accident at 5:36 a.m., March 1, on County Line Road, Darien.  xxxx was allegedly found in possession of a controlled substance and a semi-automatic handgun.  xxxx was released on an appearance ticket.

Andrea Elizabeth Tucker, 23, of Payne Avenue, Tonawanda, is charged with harassment 2nd. Tucker is accused of making threats and hitting another person while at Darien Lake at 4:11 p.m., July 27.  She was issued an appearance ticket.

Dandre Bud Browning, 27, of Stevens Avenue, Buffalo, is charged with DWI, driving with a BAC of .80 or greater, and speeding. Browning was stopped at 12:03 a.m., July 25, by Deputy Zachary Hoy on Pearl Street Road, Batavia.

Angela Flowers, 50, no residence provided, is charged with criminal contempt 2nd for allegedly disobeying a subpoena by failing to appear in court. Flowers was issued an appearance ticket.

Kim Mobley, 58, no residence provided, is charged with petit larceny. Mobley allegedly stole multiple items from Save-A-Lot. She was issued an appearance ticket.

Antonio Goodson, no age provided, no residence provided, is charged with petit larceny. Goodson allegedly stole items from a local business on East Main Street, Batavia.  Goodson was issued an appearance ticket.

Jacqueline Hale, 33, no residence provided, is charged with assault 3rd.  Hale allegedly punched another person multiple times in the facing causing injury.  Hale was issued an appearance ticket.

Russell Blummer, 48, no residence provided, is charged with harassment 2nd. Blummer was arrested following a disturbance complaint on Thorpe Street at 9:58 p.m., Sunday.  Blummer allegedly punched a victim.  He was released on an appearance ticket.

Patrick Waite, 53, no residence provided, is charged with DWI and refusal to take a breath test. Waite was stopped at 6:05 p.m. at an undisclosed location in the City of Batavia by a police officer. Prior to the stop, police received a traffic offense complaint.  Waite was released following his arrest.

Nathan Royse, 29, no residence provided, is charged with menacing 2nd and criminal possession of a weapon. On Saturday, while on Willow Street, Batavia, Royce allegedly menaced another person with a real or imitation pistol.  Batavia PD was assisted by NYS Parole in the investigation. Royce was also charged with speed not reasonable, reckless driving, failure to stop at a stop sign, not wearing a helmet, and an uninspected motor vehicle.  Only 23, Royce was arraigned in Batavia City Court following an investigation into events that occurred July 19.  Royce allegedly fled from police in that incident. 

Ronnie Allen, 34, no residence provided, is charged with criminal mischief 4th and endangering the welfare of a child.  Allen was allegedly involved in a neighbor dispute at a location on South Main Street, Batavia. Allen is accused of breaking the door of a neighbor's residence.  He was issued an appearance ticket.

Matthew Olcott, 42, no residence provided, was arrested on a City Court warrant and held in County Jail on an unrelated warrant from the Sheriff's Office.

Francisco Martinez, 48, no residence provided, was arrested on a warrant for alleged failure to appear.  Martinez was arraigned and released on his own recognizance.  He is scheduled to appear on July 28 for sentencing.

Tommy Crawford, 32, no residence provided, is charged with criminal trespass 3rd and criminal impersonation.  Crawford is accused of entering and remaining unlawfully in a residence on Jackson St., Batavia, at 1:26 p.m., July 3, and he then provided police with a false name during the investigation.  Crawford was issued an appearance ticket.

Rosemary Waters, 35, no residence provided, is charged with criminal trespass and criminally possessing a hypodermic instrument.  Waters is accused of remaining unlawfully in a condemned residence on Jackson Street on July 3.  She was issued an appearance ticket.

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