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Krzemien releases statement responding to coverage of his prior employment

By Press Release

Press release:

Genesee County Sheriff’s Candidate, David Krzemien, released the following statement regarding his professional history. 

“As a candidate for Genesee County Sheriff, I expect my experience and past actions to be reviewed, as they should be. I do not take my candidacy or the responsibility of the office of Sheriff lightly. My work experience is not something I shy away from, as I have done my best to protect the communities that entrusted me with such a duty,” Krzemien said.

“To date, I have never had any disciplinary actions and passed multiple background investigations throughout my career. I welcomed the opportunity to speak with The Batavian about my time at the Niagara Frontier Transit Authority (NFTA) and the Village of Blasdell Police Department, as my history is easy to defend. I truly have nothing to hide."

“We should hold our leaders accountable, and I am ready to answer questions about my career and, more importantly, my vision for our county,” said Krzemien. 

For more information and ways to contact me, visit my website at www.krzemienforsheriff.com/ 

Previously: Candidate for Genesee sheriff responds to allegations pertaining to previous employment

Jacobs votes for bill that allows continued federal government operation

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) is releasing the following statement after voting in favor of the continuing resolution tonight – H.R. 8337, the Continuing Appropriations Act.

“Today the American people were left worrying their government would shut down during a pandemic, families worried about school lunch program cuts, and farmers braced to go longer without critical aid," Jacobs said. "When Speaker Pelosi first introduced this bill, it excluded key programs to address these issues.

"I am proud to have stood with my Republican colleagues to fight for the inclusion of Commodity Credit Corporation funding for Western New York farmers and additional nutrition assistance for school-age kids. While I am proud to have secured this vital aid and voted in favor of this bill to provide necessary stability to the American people during this pandemic – the dysfunctional budget process that led us to this point is not acceptable.

"Congress cannot continue to govern crisis to crisis, and I will work with colleagues on both sides of the aisle to secure a more sustainable process for funding the government in the future.”

One new COVID-19 case reported in Genesee County, person in their 50s residing in Bethany

By Billie Owens

Press release:

New Cases – As of 2 p.m. 

  • Genesee County received one new positive case of COVID-19.
    • The new positive case resides in Bethany.
    • The positive individual is in their 50s. 
    • The individual was not on quarantine prior to testing positive.
    • Two new individuals are on precautionary quarantine due to travel from restricted states.

 

  • Orleans County received one new positive cases of COVID-19.
    • One of the new positive cases resides in Albion.
    • One of the individuals is 0-19 years old.
    • The individual was not on quarantine prior to testing positive.
    • Albion Central School has one positive student who has been placed on mandatory isolation at home. All close contacts have been notified by the Orleans County Health Department. If you were not notified you are not considered a close contact.

Five new individuals are on precautionary quarantine due to travel from restricted states.

Science and honeybee programs offered for students this fall at GC Park & Forest

By Press Release

Press release:

East Bethany The Interpretive Nature Center at the Genesee County Park & Forest has science programs for kids this season.

For Students Pre-K – 12th Grade

Students explore the natural world and discover the fascinating lives of forest animals and plants with Science Wednesdays at the Interpretive Nature Center. Hikes, outdoor scavenger hunts, and handmade crafts are all part of this adventure.

Students ages 5 to 9 meet from 10 to 11:30 a.m., ages 10 and up meet from 1 to 2:30 p.m.

Life Science state learning standards including but not limited to animal adaptations, habitats, interdependence of plants and animals, and human impacts are covered.

Topics include:

  • Sept. 23rd and 30th -- Honeybees
  • Oct. 7th -- The World of Plants
  • Oct. 21st -- Owls
  • Nov. 18th -- White-tailed Deer
  • Dec. 9th -- Create-a-Critter

Cost per session is $5/student, parents and chaperones free; or $20/student for all 5 sessions. Space is limited to 15 people per session. Preregistration is required, call (585) 344-1122!

For Little Learners Ages 3 to 5

Students ages 3 to 5 years old can enjoy Nature Explorers from 10 – 11 a.m. on Thursdays Oct. 1st – 22nd. Kids explore the world of nature and learn about plants and animals in the outdoors.

Hikes, scavenger hunts, and outdoor games are all part of the fun. Kids will practice using their senses, describing with words, counting, and identifying colors, shapes, letters, and numbers.

Topics include:

  • Oct. 1st -- Animals
  • Oct. 8th -- Using Our Senses
  • Oct. 15th -- Seasonal Changes
  • Oct. 22nd -- Plants

Cost per session is $5/student, parents or chaperones free; or $15/student for all four sessions. Space is limited to 15 people per session. Preregistration is required, call (585) 344-1122!

For Homeschool Groups

Homeschool groups may reserve a science program at the Interpretive Nature Center by request Wednesdays – Fridays by calling (585) 344-1122. Programs are $5/student, parents or chaperones are free. Group sizes are limited.

Free for Schoolchildren, Homeschoolers, Scouts and 4-H Groups

The Genesee County Park & Forest also offers its FREE Honeybees program for schools, homeschool, scouting and 4-H groups this fall.

Honeybees is an interactive science lesson that covers several science learning standards including animal adaptations, life cycles, plant and animal interdependent relationships, and human impacts -- all while learning about the fascinating world of honeybees.

Programs held at the Interpretive Nature Center will view the live observation hive in action. Use of live honeybees for programs held at schools may be weather dependent.

Programs are available by request Wednesdays – Fridays by calling (585) 344-1122. Group sizes are limited.

***********************************************************

For all programs, masks must be worn whenever unable to maintain 6 feet of social distance. Participants are encouraged to wash their hands often with soap and water for at least 20 seconds or use hand sanitizer.

For more information visit our website, or contact Shannon Lyaski at Shannon.Lyaski@co.genesee.ny.us or (585) 344-1122.

Like Genesee County Parks, Recreation & Forestry on Facebook.

Former dispatcher sent to jail for possession of child pornography

By Howard B. Owens

There were multiple factors to consider, Judge Charles Zambito said in County Court today, during the sentencing of James Tripp, a former emergency dispatcher accused of possessing more than 70 images of girls under age 16 of a sexual nature.

Tripp, on his own, completed counseling. He has avoided further similar transgressions over the past three years. He has a lifetime of service to the community. He has an ailing wife to care for. The Probation Department recommended a straight probation sentence, a recommendation Zambito noted is highly unusual in a pornography case. The department said Tripp is not a threat to the community.

However, "No victims are represented here in this case because none of the victim girls could be identified," Zambito said. "If their parents were here, I'm sure they would want me to send you to jail for as long as I can."

Then, Zambito said, he also consider the community's sense of justice and their perception of the judicial system.  

The Probation Department's recommendation wouldn't satisfy the community's sense that some punishment is appropriate in a child pornography case.  

Zambito also took into consideration both Tripp's service to the community -- which included decades of volunteer fire service -- and the expectation the public has for people who work in positions of responsibility. 

"Your position (as a highly decorated emergency dispatcher) cuts both ways," Zambito said. "Your position is also one of responsibility and one people respect and expect you to not just cooperate with the law, but to be above the law. All of us in this room are in that position."

Assistant District Attorney Kaitlynn Schmit recommended at least some jail time for Tripp. Under the terms of the plea deal, Tripp could be sentenced up to six months in jail. Schmit asked for three months.

Zambito wanted to know why she was asking for three months considering the probation department's recommendation and Schmit said while she took into consideration Tripp's service to the community and his apparent rehabilitation, she also considered the number of images possessed by Tripp on three devices, and the fact that on at least one occasion, he uploaded an image to a server, some length of jail time was appropriate.

Tripp's attorney, Clark Zimmerman, argued for the Probation Department's recommendation, saying his client was truly remorseful.

"This is a non-contact type of offense," Zimmerman said. "I’m not saying there are no victims. I’m saying in the scheme of things, it’s at the lower end of this and even with the number of image the prosecution mentions it is still on the low end of this."

The case against Tripp began in December 2017 when an image of a young girl was uploaded from a computer with Tripp's home IP address. State Police investigators obtained a search warrant for his home and executed it on Dec. 20, 2017. They found 70 images on three devices that could be identified as sexually explicit or suggestive images of girls under 16 and they found another 200 images where the girls were of indeterminate age. 

During his statement -- which he said would be brief but lasted more than 10 minutes -- Tripp said his quiet, family-oriented life changed on Dec. 17, 2017.

"Before the State Police had even left my residence, my life turned completely upside down," Tripp said.

A man who favored rum and Cokes -- he drank while downloading images, Schmit had said -- Tripp said he has been dry since the day troopers arrived on his doorstep.

He immediately entered a rehabilitation program at the Family Life Center.

He said he felt no animosity toward the State Police, toward his former employer, the Genesee County Sheriff's Office, or any of the people he considered friends who have stayed away from him since his arrest.

"If I have any animosity, it's for me, for my actions," Tripp said.

He recounted his career and his desire to serve the community and to raise his children to do the right thing.

"I screwed up," Tripp said. "There is no question about that. I have been trying since Dec. 17, 2017, to make things better for us again. It's not going to go away. It's there every day. Every day I think about it. I'm ashamed. I've been disgraced. I'm embarrassed. I'm anything you could think of. I'm embarrassed every day. I'm sorry for my wife, for my kids, for my work friends over the years. It's a battle every day for us."

He said he applied for gainful employment and revealed to each potential employer his pending charges. Two employers, he said, didn't hire him but one did. It was a part-time job he held for a little more than a year and then, just before the pandemic hit, his arrest was announced and he was fired.

He hasn't looked for work since while waiting for his case to be resolved.

"No one from any of the agencies I worked with has tried to talk with me, and rightfully so," Tripp said. "There are people who I worked with for 25 years and I've got to assume we had some sort of relationship, that they were friends. Everybody knows people talk.

"I'm not saying I'm not guilty but when the charges came out people read it and they formed their opinions. People read about me and conclude I'm the biggest jerk out there but from previous jobs, I can say, there are a lot more jerks than me out there."

Tripp said going forward, his focus is his wife and his family.

After Zambito sentenced Tripp, Zimmerman told Zambito that Tripp's wife would have no way to get home if Tripp went straight to jail from the courthouse.  Zambito agreed to let Tripp give his wife a ride home and ordered him back to the courthouse by 2 p.m. so he could be transported by deputies to the jail to begin his 90-day sentence.

He warned Tripp that if he didn't return on time, he would lose his sentencing cap.

The Batavian confirmed this afternoon that Tripp returned to the courthouse and was booked into the Genesee County Jail.

Jacobs calls for release of funding that would help farmers

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) is releasing following statement calling for the replenishment of the Commodity Credit Corporation (CCC).

“Speaker Pelosi has held up aid for small businesses, American families, and schools for weeks, and now she is threatening the well-being of farmers and rural communities," Jacobs said. "The Commodity Credit Corporation has supported farmers for decades and has always been replenished by Congress without question, yet, the Speaker has refused to include it in the upcoming spending bill.

 “It’s an affront to our farmers that the Speaker has refused to act on this funding, and I commend Ranking Member Conaway for introducing an amendment to rectify this neglect. I support his amendment and urge its inclusion in this week’s spending bill to replenish this critical program.”

The Commodity Credit Corporation (CCC) has served as the financial institution for carrying out federal farm programs since 1933.

It exists to finance authorized programs that support U.S. agriculture such as the Coronavirus Food Assistance Program (COVID-19 financial assistance), the conservation reserve program, the dairy safety net, livestock disaster programs, in addition to the Market Facilitation Program and Food Purchase and Distribution Program aimed at combating the impacts of illegal retaliatory tariffs on agricultural products.

For more information visit: https://www.usda.gov/ccc.

Jacobs: 'Small businesses are the backbone of the America economy'

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) recognizes and encourages constituents to participate in Small Business Week, which runs from September 20th through Sept. 26th.

“Small businesses are the backbone of the American economy and cornerstones of our Western New York communities," Jacobs said. "They have seen unprecedented challenges in the face of COVID-19, but I truly believe their resiliency is unmatched.

"In the coming months, we need to support our small businesses and help them rebuild. I encourage every American to shop local. Go to your local restaurants, buy from your local boutique, encourage your friends and family to spend their money at smaller, locally owned stores. We all have a role in this fight and together we can rebuild our historic economy.”

National Small Business Week was started in 1963 by President Kennedy to highlight the outstanding contributions of small businesses to America.

The week seeks to recognize entrepreneurship, promote shopping and spending in local economies, and honor American innovation. This year, there will also be a three-day virtual award ceremony for entrepreneurs, employers, and advocates.

As of 2019, the 13,227 small businesses in NY-27 accounted for 95.6 percent of employers. They employed 61 percent of all workers in NY-27 and accounted for $4.9 billion in payroll for the district.

For more information on what you can do to support small businesses and for resources currently available, please visit https://sba.gov.

“It is my honor to represent the over 13,000 small business owners and the over 125,000 small business employees of NY-27 in Congress," Jacobs said. "I will keep fighting for more targeted aid for small businesses, especially strengthening the highly successful Paycheck Protection Program.

"I am also looking to the future with policies that roll back regulations and unleash the full potential of American entrepreneurship. When small businesses succeed, our whole region prospers. I ask everyone to join me in supporting them this week and to maintain the spirit of Small Business Week through the rest of the year."

Candidate for Genesee sheriff responds to allegations pertaining to previous employment

By Mike Pettinella

david_krzemien.jpg
Genesee County sheriff candidate David Krzemien on Monday night said that an internal investigation by the Niagara Frontier Transportation Authority Police Department, his former employer, revealed that he was not part of a double-dipping scheme brought to light by an Office of the New York State Comptroller audit in 2010.

“I was never charged by the Comptroller’s office or anything like that. This is an investigation that is done by the NFTA. They found no findings of me getting paid from two sources,” Krzemien said by telephone in response to a request by The Batavian for comment about the report dated Sept. 27, 2010.

The audit issued by the comptroller’s office Division of State Government Accountability indicated that Krzemien and 10 other NFTA officers, over a three-year period, “abandoned their assigned duty posts to go to work at other jobs while being paid by the Authority.”

The 10-year-old report was provided to The Batavian by multiple people who are supporters of Sheriff William Sheron, Krezmien's opponent in the November election.

According to the report, this practice of falsifying time sheets to show employees on the clock at two different jobs was condoned for years by NFTA senior level police officers, who also “participated in cheating the public out of a full-day’s work.”

Signed in at Two, But Paid for One

The comptroller’s audit stated that the NFTA, in July 2009, conducted an internal investigation into the allegations, with Patrick Dalton, director of internal audit, finding that Krzemien “was signed in at the Transportation Authority and the Village of Blasdell Police Department at the same time. Despite this finding, the police officer was not disciplined.”

Krzemien, however, who worked part time for the Village of Blasdell Police Department while employed by the NFTA, maintains that he did not double-dip – and points to a letter from the NFTA to the comptroller’s office in reply to the audit to support him.

The letter, signed by NFTA Acting Chairman Henry Sloma, refers to page 10, paragraph 5 of the audit report, specifically that “Mr. Dalton did determine that Officer Krzemien was signed in at both the NFTA and the Village of Blasdell. However, he did not get paid for any time concurrent with the time worked at the NFTA and therefore is not subject to any disciplinary actions as he did not violate the union contract.”

Krzemien, who retired from the NFTA Police Department in 2018 after a 20-year career, said an overlap of shifts occurred because he was working overtime for the NFTA.

“I couldn’t change the schedule hours with Blasdell, so the guy who was working the shift before me covered for me, and (he) got paid for those hours,” Krzemien said. “So, according to the Comptroller, I was not double dipping. I was never disciplined from any of it.”

Comptroller: It Went on For Years

Per the state report, an anonymous letter prompted the investigation into double-dipping, and led to the comptroller’s office to conclude the following:

This double dipping was allowed to occur for several years because senior level police officers condoned and participated in this fraudulent activity. As a result, the citizens of Erie and Niagara counties did not have the police coverage that was planned and paid for.

We urge Transportation Authority officials to change the culture in the police department. Transportation Authority officials should also properly monitor to ensure officers are working their shifts and in the locations they are assigned.

We provided our findings to the Office of the State Comptroller’s Division of Investigations for referral to law enforcement for possible criminal prosecution.

Click here to view the report.

Krzemien said the investigation stemmed from some school resource officers working a football game at Bennett High School.

Krzemien: SROs at the Turkey Bowl

“A bunch of our SROs who work for the NFTA Police Department on Thanksgiving Day what they did was – they were working for the NFTA, now I was not part of the school resource officers, OK. We’ll make that clear,” he said.

“So, our SROs worked a football game for Bennett High School – they had a thing they called the Turkey Bowl. They were working for the NFTA and they were also collecting money from the Turkey Bowl, from the school. So, they got caught double-dipping.”

He said that prompted the NFTA to go “through everybody’s second front employment status, and they came across my paperwork. I was working for the Village of Blasdell.”

Krzemien said the NFTA started its inquiry, but he wasn’t part of the original findings of the comptroller’s office.

“It was those guys who were working that school,” he said. “But because the NFTA had gotten the complaint, they went into everybody’s second front employment status. And when they got the records from Blasdell, they investigated further because I was forced to work overtime with the NFTA (and) it overlapped my shift in Blasdell.

Someone Else Worked Those Hours

“When I left (my shift at) the NFTA, I did go to Blasdell and worked my second job but I never got paid for that. So, in turn, that’s not double-dipping.  Someone else got paid for those hours, not me, because I wasn’t working.”

Krzemien said the SROs who were involved in the double dipping from the high school football game were “suspended for, I think, 30 days without pay – but that was not me. John Herritage, I know, was one of them. He was a lieutenant that was actually running it with Mike Difranco, who was another lieutenant that was running it.”

The audit reported that, in 2008, Krzemien earned $51,437 in base salary and $19,493 in overtime – ranking 50th in the police department that year in overtime.

While double-dipping in connection with the NFTA investigation is illegal, it is not against the law for public officials to receive a pension and collect full salary for a job being performed after retirement.

Such is the case with Sheron who retired on Dec. 31, 2016 and is collecting a NYS Employees Retirement System annual pension of $60,326 as well as his current salary of $105,518.

Separate Case: Judge Dismisses Charges

In an unrelated legal proceeding brought to the attention of The Batavian by a reader, a felony charge of Assault on a Police Officer against James Patterson stemming from an Aug. 27, 2007 incident involving Krzemien was dismissed nearly a year later by Erie County Acting Supreme Court Justice M. William Boller (People v Patterson 2008 NY).

According to testimony of Krzemien and Officer Michelle Pettys at a May 2008 hearing, they responded to a call of passengers drinking on a Metro rail train at the Amherst Street Station, a petty offense in violation of a Buffalo city ordinance.

The defendant was heading up the stairs to leave the station when asked to stop by Krzemien. Patterson did not stop and muttered a vulgarity, prompting Krzemien to grab his shirt and arm. A struggle ensued and the defendant eventually subdued and handcuffed to the railing. While handcuffed, Patterson kicked Krzemien in the shoulder area.

The judge ruled that Krzemien did not perform a “lawful duty” when he used force to keep Patterson from exiting the station in light of testimony that neither officer intended to arrest the defendant. Citing precedent, the judge ruled the defendant did not have to stop or respond to Krzemien and that the “detention of the defendant was not in the performance of a lawful duty.”

Krzemien: Misdemeanor Charge was There

To this day, Krzemien believes that he had sufficient cause to detain Patterson because of his intention to file a theft of service charge – a misdemeanor – for failure to provide proof of purchasing a ticket to the rail train.

“There were additional charges put on him because what happened was we got a call one morning – and I’ll give you the whole scenario that took place,” he said. “We got a call one morning of intoxicated people being disorderly on a train. We responded to the call and we went down there and we did come across unruly, intoxicated people on the train. There were bottles of champagne. They had glasses and the champagne in their hands.”

Krzemien said officers asked two people for proof of payment.

“Anywhere, and it’s posted throughout the stations, anywhere past a certain part of the station you have to have proof of payment when you ride it – it’s a theft of service, which is misdemeanor charge,” he said. “Two of them couldn’t produce it and Patterson started walking away. So, they started to walk away – what it stated in regards to that was I didn’t have a right to stop him. I did have a right to stop him on the misdemeanor charge.”

That’s when things turned for the worse, resulting in injury to Krzemien.

“When I confronted Mr. Patterson, he turned, violently, and he aggressively came at me. I have two herniated disks in my neck. He tried to throw me over the railing. We had to cuff him to the railing to get him into custody,” he said. “So, as I am walking away from him, he roundhouse kicks me to the face. That’s when I got the two herniated disks in my neck.”

Injuries Result in Hospitalization

Krzemien said he was standing on the platform between two levels of the train station and fell back about four steps before regrouping and taking Patterson into custody. He said he had to go to the hospital and was unable to complete the arrest.

“So, one of the officers that responded there took the arrest – John Politowski – (and) helped complete the report,” he said. “When he filed, he never filed the charges on the theft of service. That’s where the charges were dismissed, because I didn’t have the right.”

Krzemien referred to the case law cited by the judge, stating that an officer doesn’t have the right to detain or restrain someone unless the criminal charges are at the misdemeanor or felony level.

“I had a misdemeanor charge because he couldn’t prove proper proof of payment which is theft of service – he didn’t have a ticket to ride the train. In Buffalo, it’s an honor system. They don’t have, like turnstiles in New York City,” he said. “So, when we asked for proof of payment, they have to produce proof of payment. I have a right to pursue to question on the misdemeanor.”

When it was mentioned to him that the judge’s ruling doesn’t mention a lack of payment or a misdemeanor charge, Krzemien said that subsequently the charges were refiled, not on the felony assault charge but as assault, third degree.

Charges Refiled in Buffalo Court

“They were actually refiled in (Buffalo) City Court on an assault  third charge,” he said. “He (Patterson) was later picked up on a warrant – I think it was in Pennsylvania, I’m not sure, but I remember our detectives went to pick him up. He was arraigned on other charges. The charges were re-upped; that’s the part that wasn’t in there because we couldn’t go against the judge’s appeal. They said you’ll never win it.

“So, what we’ll do is go to assault third. I said that I have two herniated disks in my neck, we’re going to go with assault third? It’s the only way we’re going to be able to win the case, because they’ll never overrule a judge’s decision on the felony assault on a police officer.”

Krzemien said that the charges were refiled and “after they picked him up they gave him time served because he sat in jail.”

He said the original charges were dismissed because he was in the hospital and was unable to place the misdemeanor charge on Patterson. When it went to the felony hearing, the charges were dismissed.

“I think it (dismissal) was wrong, absolutely, I think it was wrong. The misdemeanor charge was there,” he said. “I’m not going to sit here and lie, I’m telling you the truth.”

NFTA Officer of the Year in 2013

Krzemien, 51, said he continues to suffer from the injury sustained in the altercation, and feels this scrutiny is unfair.

“I have probably close to 600, 700 arrests in combination assisting other guys in the city. And this is what I’m facing now. If you want to run with it go ahead. I’ll get the other information to prove it all wrong. But, I’m not here lying. I called you back,” he said.

Krzemien retired from the NFTA in 1998 after 20 years of employment, leading the Counter Terrorism Unit for seven years and as serving on the Police Benevolent Association (PBA) Union for seven years, including three as president. He was named NFTA Police Officer of the Year in 2013.

He also worked part time for the Village of Blasdell Police Department, as a field training officer, court officer and detective for 14 years.

Currently, he is a part-time police officer for the Corfu Police Department and a seasonal deputy with the Genesee County Sheriff’s Department. He also is the Town of Darien deputy supervisor.

Byron, Pavilion and Stafford to get more than $13.5 million from feds for water and wastewater infrastructure

By Press Release

Press release:

Washington, D.C., Sept. 22 -- The Trump Administration today announced that the United States Department of Agriculture USDA is investing $268 million to modernize rural drinking water and wastewater infrastructure across 28 states.

The expenditure includes a total of $13,534,000 in loans and grants to three Genesee County towns: Byron, Pavilion and Stafford.

“Upgrading the infrastructure that delivers safe drinking water and modern wastewater management facilities will improve public health and drive economic development in our small towns and cities,” said Deputy Under Secretary for Rural Development Bette Brand. “Under the leadership of President Trump and Agriculture Secretary Perdue, USDA is a strong partner with rural communities, because we know that when rural America thrives, all of America thrives.”

Background:

USDA is funding 76 projects through water and waste disposal loan and grant program. These investments will help to improve rural water infrastructure for 267,000 residents and businesses.

The investments that USDA announced today are being made in Alaska, Arkansas, Colorado, Georgia, Iowa, Idaho, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, North Carolina, New Hampshire, New Jersey, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, Washington and West Virginia.

To learn more about investment resources for rural areas, interested parties should contact their USDA Rural Development state office.

USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed internet access in rural areas. For more information, visit www.rd.usda.gov

Here is what will be allocated in Genesee County in this round of infrastructure funding:

  • Town of Byron -- $5,550,000 loan + $4,425,000 grant. Total: $9,975,000

This project will extend public water service to 608 people in the town who currently do not have safe potable water. Water quality testing indicates a significant portion of residents' individual wells have coliform and E. coli contamination, which the health department indicates does not meet standards and are a threat to the health of residents. There are no other funding sources.

  • Town of Pavilion -- $567,000 loan

This Rural Development investment will be used to build a new 300,000-gallon water storage tank and over one mile of water supply pipeline. The new water storage tank and pipeline will serve 2,495 people. Currently, due to the present water storage tank's deteriorated condition the town has significant water quality concerns. The current tank is located in a lower elevation so that the town does not have sufficient water pressure to fight fires in all areas. The new water tank will be located at a much higher elevation 1280 feet and will supply plenty of water pressure and good quality water.

  • Town of Stafford -- $1,353,000 loan + $1,639,000 grant. Total: $2,992,000

This Rural Development Investment will be used to create Water District #12 in the Town of Stafford. This project will extend public water service to 185 residents in the town who currently do not have safe potable water. Water quality testing indicates a isgnificant portion of residents' individual wells have coliform and E. coli contamination, which the health department indicates do not meet standrds and are a threat to the health of the residents.

GC 4-H Program accepting applications from youth age 5 to 18

By Billie Owens

Press release:

The Genesee County 4-H Program is now accepting new youth members for the upcoming 4-H year that runs from Oct. 1 to Sept. 30. 4-H is a nationwide youth program that connects youth age 5-18 to a variety of hands-on learning opportunities.  

There are many different clubs and programs offered by the Genesee County 4-H Program. Project areas include animal sciences, sewing, leadership, community service, gardening, public speaking and more.

Enrollment fees for Genesee County residents are $25 per youth or $50 per family of two or more youth.

For more information about joining the Genesee County 4-H Program, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040, ext. 131. Enrollment forms are also available on our website.

Five new COVID-19 cases reported in Genesee County

By Press Release

Press release:

New Cases – As of 2 p.m. 

  • Genesee County received five new positive cases of COVID-19.
    • The new positive cases reside in Alexander, Batavia, Byron and Oakfield.
    • One of the new positive cases is a resident at the NYS Veterans Home.
    • One of the positive individuals is less than 20 years old, one is in their 30s, two are in their 50s and one is in their 80s.
    • One of the individuals was on quarantine prior to testing positive.
    • One of the previous positive individuals has recovered and has been released from mandatory isolation.
    • Twenty-two new individuals are on precautionary quarantine due to travel from restricted states.

 

  • Orleans County received two new positive cases of COVID-19.
    • One of the new positive cases resides in Yates and one of the new positive cases resides in Carlton.
    • One of the individuals is in their 30’s and one of the individuals is in their 50’s.
    • Neither of the individuals were on quarantine prior to testing positive.
    • Three of the previous positive individuals have recovered and were released from mandatory isolation.
    • Nine new individuals are on precautionary quarantine due to travel from restricted states.
       

Rollover accident reported on eastbound Route 490, minor injuries

By Billie Owens

A rollover accident with minor injuries is reported on eastbound Route 490 at milemarker 4.3. There are two occupants. A first responder on scene confirms that there is no entrapment as initially believed. Bergen Fire Department and Mercy medics are responding.

UPDATE 4:14 p.m.: One patient is refusing medical care; the other will be transported via a Churchville ambulance to a hospital. Mercy medics are cancelled.

Late SPJ Ruth Bader Ginsburg to be honored tomorrow evening outside Old Courthouse

By Press Release

From Erica O'Donnell:

Join us on Tuesday, Sept. 22 at 6:30 p.m. to honor the memory and legacy of Supreme Court Justice Ruth Bader Ginsburg around the Old Courthouse, 7 Main St. Batavia.

Please wear warm clothes, a mask, and practice responsible social distancing.

We will have some candles available, but you may bring your own.

We are honored to have remarks by Judge Amy Martoche, candidate for NYS Supreme Court, Diana Kastenbaum, and other local women.

We will also have a Hebrew Benediction by Hiram Kasten.

All are welcome to attend.

Law and Order: Three men from outside Genesee County arrested on DWI charges

By Billie Owens

Andrew Theodore Pape, 31, of Chili Riga Road, Churchville, is charged with: driving while intoxicated; operation of a motor vehicle with suspended registration; refusal to take a breath test; unlawful possession of marijuana in the second degree; and moving from lane unsafely. Pape was arrested at 9:49 pm. Sept. 18 on Jerico Road in Bergen following the investigation of a property damage accident that occurred at 9:10 p.m. He was issued appearance tickets for Nov. 4 in Bergen Town Court. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy James Stack.

Jacob William Cobti, 18, of Burdick Road, Akron, is charged with: driving while ability impaired by alcohol; refusal to take a breath test; and leaving the scene of a property damage accident. On. Sept. 20 at 7:54 a.m., Cobti was arrested after an investigation of a disabled vehicle on Alleghany Road in Pembroke. He was issued traffic tickets and released. He is due in Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Ryan Young.

David Gerard Sankel, 68, of Spencerport Road, Spencerport, is charged with driving while intoxicated and refusal to take a breath test. He was arrested at 12:55 a.m. on Sept. 19 on South Lake Road in Le Roy after an investigation by the Genesee County Sheriff's Office. Sankel was issued appearance tickets and is due in Town of Le Roy Court on Oct. 6. The case was handled by Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Hawley calls for more support for veterans

By Press Release

Assemblyman Steve Hawley (at podium, center) joins veterans and his Assembly Republican Colleagues who have also served in the military to urge for a focus on passing legislation to help veterans.

Submitted photo and press release:

Assemblyman Steve Hawley joined his Assembly Republican Colleagues in Syracuse to call for action on a number of legislative items focused on veterans to help support the lives of these men and women and their families.

A veteran himself, the Assemblyman proudly serves on the Assembly Committee on Veterans Affairs, but points to the lack of veteran representation on the committee as a hindrance to passing meaningful legislation.

“I am proud of my record on veterans’ issues and am so honored to work on behalf of our military men and women and their families," Hawley said. "Despite intransigence from the majority in the Assembly, we still achieved important measures, like the expansion of scholarships for Gold Star families, approval of a study on veteran homelessness and more.

"We have much more to work on, but I look forward to a day when there are more veterans serving alongside me in the Assembly. The leadership and character instilled in our service men and women would be a welcome addition to our chambers.”

In the past two years, Hawley helped achieve a number of items for veterans:

  • Expanded scholarships for Gold Star families (A.2991, Higher Education, 4.9.2019; Executive Order 4.19.2019);
  • Approval of tax exemptions to help injured or disabled veterans to refit their homes to increase mobility (A.7289);
  • Authorization of a study on homeless veterans to better provide support (A.5660); and
  • Required the state to closely examine veteran health issues, including PTSD and traumatic brain injuries (A.1804).

Hawley continues to fight for:

  • A veterans clearinghouse to better connect veterans to needed services (A.4395);
  • The “Veteran Owned Business Enterprise Act” to help veteran entrepreneurs (A.4490);
  • Honoring military experience as civil work experience by increasing civil (A.5535) and education credits (A.7999); and
  • Veterans’ health by tracking a list of toxins military personnel are exposed to (A.6421) and requiring coroners to report suicides of veterans and active military personnel (A.38934).

Hawley served seven years in the Ohio Army National Guard and the U.S. Army Reserves, earning the rank of first lieutenant. Thirty percent of the Assembly Republican conference is comprised of veterans, and the Assemblyman wishes to increase this number.

Comments from Hawley are available here.

Alexander Girl Scouts Troop 42031 project helped more than 100 local families

By Billie Owens

Photos and information from Meghan Ripstein:

These pictures are from the Alexander Girl Scouts Troop 42031 clothing extravaganza, which took place Saturday, Sept. 19, at the Alexander United Methodist Church.

The girls collected gently used clothing from the community Friday night, Sept. 18th, then sorted it and put it out to the community for free.

The girls interacted and helped more than100 families.

For this project, four girls -- all considered juniors -- earned their Bronze Award:

  • Hannah Dellapenna
  • Claudia Ripstein
  • Ciara Sliker
  • Carly Wodrich

Three girls earned their Silver Award by teaching the community different ways to reuse and save money:

  • Cadette Mary Grimes used her dad's old T-shirts to make reusable bags;
  • Cadette Jayna Krzyzanowki taught people how to make masks out of old T-shirts;
  • Cadette Bridget Ripstein handed out samples of homemade laundry detergent, showing people the cost difference.

An international first for safety: All of North America observes rail safety this week

By Press Release

Press release:

 Every year, 2,100 North Americans are killed or seriously injured when they engage in unsafe behavior around tracks and trains. Operation Lifesaver, a nonprofit organization begun in 1972, established Rail Safety Week to help educate the public about these preventable incidents. 

In an historic first for international safety cooperation, Rail Safety Week will be celebrated throughout North America.

Three national organizations, Operation Lifesaver Inc. (OLI)Operation Lifesaver Canada,and Asociación Mexicana de Ferrocarriles (Mexican Association of Railroads, or AMF) will jointly observe Rail Safety Week, Sept. 21-27.

Due to the coronavirus pandemic, Rail Safety Week activities devoted to saving lives near railroad tracks will have an emphasis on social medial and online safety messaging.

In 2019, 645 police departments, sheriff’s offices -- including Genesee County, and other laws enforcement agencies participated in Rail Safety Week events by sending officers to railroad crossings to join railroad employees and Operation Lifesaver volunteers in handing out safety literature. Nearly 100 Rail Safety Week events occurred throughout New York in 2019.

Though far fewer public events are occurring this year due to pandemic concerns, New York Operation Lifesaver will host an online public awareness campaign designed to increase public awareness of train safety.

 “We want to show that making unsafe decisions around tracks and trains – whether using tracks as a shortcut, going around downed gates or even glancing at a cellphone while at a crossing – can have devastating consequences for you, your loved ones and members of your community,” said Phil Merens, state coordinator of New York Operation Lifesaver.

“While public events with police officials and railroad employees, and Operation Lifesaver volunteers are a great way to show New Yorkers our concern for their safety, our online campaign has the potential to reach even more people than we reached last year.”

New York Operation Lifesaver currently runs three statewide education campaigns devoted to different aspects of train safety. These campaigns have already reached millions of New Yorkers. Throughout Rail Safety Week posts to social media as well as paid advertising will continue to highlight these safety campaigns

“Last year’s Rail Safety Week efforts generated over 1,800 stories on TV, radio, print and online, along with nearly 75 million impressions on social media,” said OLI Executive Director Rachel Maleh. “Even with coronavirus restrictions, we are confident that millions of people will be reached through our online efforts this year.

"New York Operation Lifesaver will be highlighting their innovative education campaigns addressing Trespass Safety, At-Grade Crossing Safety and the Emergency Notification System. These campaigns have already reached millions of New Yorkers through the use of cutting-edge technology.” 

Information on this year’s RSW as well as results for last year can be found here. Rail Safety Week. Themes for each day of Rail Safety Week are shown below: 

  • Monday, Sept. 21 kicks off the week with a focus on Media Outreach and Rail Safety Week Proclamations in states and localities. 
  • Tuesday, Sept. 22 focuses on Law Enforcement and First Responder Partnerships through virtual and social media messaging as part of the fourth annual observance of Operation Clear Track, emphasizing the importance of obeying crossing safety and anti-trespass laws.
  • Wednesday, Sept. 23 highlights Crossing Safetywith outreach to professional drivers on safe crossing techniques and highlighting blue and white emergency notification system (ENS) signs at crossings.
  • Thursday, Sept. 24, Transit Safety Thursday, showcases how to stay safe as a rail commuter or transit rider.
  • Friday, Sept. 25 focuses on Wearing Red or “Red Out” for Rail Safety to show support for safety near tracks and trains. 
  • Saturday, Sept. 26 highlights Trespass Prevention, educating pedestrians about the dangers posed by being on or near the tracks. 
  • Sunday, Sept. 27 promotes No Photos on Tracks messaging underscoring the risks of illegally taking photos, videos, or filming on train tracks for professional and amateur photographers alike.

Visitors to oli.org will be asked to join the virtual Rail Safety Week effort by sharing the Stop Track Tragedies videos and social media messaging using the hashtags #STOPTrackTragedies and #railsafetyweek.

Free car seat safety inspection at city fire headquarters Saturday by appointment only

By Press Release

Press release:

The City of Batavia Fire Department, will be offering free car seat inspections and education to parents and caregivers from 10 a.m. to 1 p.m. on Saturday, Sept. 26, at Fire Headquarters, located at 18 Evans St., by appointment only.

Please call (585) 345-6375 to schedule an appointment. This event is part of National Car Seat Check Saturday, and will include instruction on how to choose the right car seats for children, with an emphasis on how to install seats correctly.

Many parents and caregivers believe they know how to choose and use the correct restraint for their child, however these restraints are frequently used incorrectly. Car crashes are a leading killer of children, and the latest research from the U.S. Department of Transportation shows that nearly two out of three car seats are misused or installed improperly.

On Nov. 1, New York State implemented a law requiring all children age 2 and under to be secured in a rear-facing car seat. It is recommended keeping children rear-facing as long as possible, up to the top height or weight allowed by their particular seats. It’s the best way to keep them safe.

Once a child outgrows the rear-facing seat, he or she is ready to travel in a forward-facing car seat with a harness and tether. After outgrowing the forward-facing car seat, a child should ride in a booster seat until tall enough to fit in a seat belt properly. The safest place for a child under the age of 13 is in the back seat.

National Seat Check Saturday is part of Child Passenger Safety Week, which runs from Sept. 20-26. The week is dedicated to teaching caregivers and parents about the importance of correctly choosing, installing, and using car seats, booster seats, and seat belts.

Parents and caregivers will also be reminded of the importance of registering car seats with manufacturers so they can be notified in the event of a recall.

Gas prices remain significantly lower than a year ago

By Press Release

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.18, down 1 cent from last week. One year ago, the price was $2.67. The New York State average is $2.27 – down a penny since last week.

A year ago, the NYS average was $2.76. AAA Western and Central New York (AAA WCNY) reports the following averages now:

  • Batavia -- $2.21 (down 1 cent since last week)
  • Buffalo -- $2.23 (down 2 cents since last week)
  • Ithaca -- $2.20 (down 1 cent since last week)
  • Rochester -- $2.25 (down 1 cent since last week)
  • Rome -- $2.32 (no change since last week)
  • Syracuse -- $2.21 (down 1 cent since last week)
  • Watertown -- $2.31 (down 1 cent since last week)

Gas prices are down by a penny in most areas, and they are significantly cheaper than last year – the national average is 49 cents cheaper than one year ago. The Energy Information Administration (EIA) reports that gas demand saw a slight uptick, however, demand is still much lower than where it was at this time last year.

That lower demand has helped pump prices to decline this week and will likely help pump prices to continue their descent as fall approaches. Crude prices may continue to increase if supplies grow tighter, but demand challenges could contain potential growth in prices.

From GasBuddy:

"Gas prices have tiptoed lower with seasonal factors the primary driver, though with hurricane season continuing to be very active, sporadic shutdowns of oil rigs in the Gulf is leading to volatility in the price of oil, which may become a factor in the weeks ahead," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"With oil's rally back to $41 per barrel last week, the downturn in the national average may be put on pause for a couple of weeks, but we remain very likely to eventually continue to downward momentum into the heart of autumn. For now, we remain at the lowest prices seasonally since 2004 in most states, and largely, motorists can expect that to continue."

Alexander school district takes corrective steps after state Comptroller's audit identifies problems

By Mike Pettinella

The Office of the New York State Comptroller is recommending that the Alexander Central School District and Board of Education take several corrective measures after an audit issued on Sept. 11 revealed that the district did not follow “applicable statutes” when allocating reserve funds and overestimated appropriations from 2015-16 through 2018-19.

According to the state report, district officials generally agreed with the Comptroller’s findings and recommendations and indicated they have initiated or planned to initiate corrective action.

The Comptroller’s office conducted the audit to determine whether the board and district officials properly used and managed fund balance and reserves.

Its key findings of the audit performed for the period July 1, 2015 through Feb. 21, 2020 show:

  • While the Board and District officials used $3.1 million in excess reserve funds as a financing source for a capital project, they did not do so in accordance with applicable statutes;
  • Appropriations were overestimated by a total of $7 million from 2015-16 through 2018-19;
  • An average of $500,000 of fund balance was appropriated each year, but was not used to finance operations. When unused appropriated fund balance is added back, surplus fund balance exceeded the limit each year by $345,000 to $611,000, or 2 to 3 percentage points.

As a result, the Comptroller’s office put forth four recommendations:

  • Develop and adopt budgets that include realistic estimates for appropriations and the amount of fund balance that will be used to fund operations;
  • Discontinue the practice of appropriating fund balance that is not needed or used to fund operations;
  • Use reserves in accordance with legal requirements;
  • Ensure that financing plans for capital projects are properly documented in the Board’s minutes.

This is the second time the state Comptroller's office found issues with the district's budgeting process as an audit issued on Feb. 19, 2017 for the period of July 1, 2010 through Aug. 4, 2015 pointed to similar issues:

  • District officials consistently overestimated expenditures during the last five fiscal years, which generated approximately $2.4 million in operating surpluses and appropriated an average of approximately $670,000 in fund balance annually, which was not needed to fund operations due to operating surpluses;
  • District officials used approximately $2.5 million of fund balance to fund seven reserves that totaled approximately $5 million. Three of these reserve funds are overfunded.

The key recommendations at that time were to develop realistic estimates of expenditures and the use of fund balance in the annual budget, and to use the excess amounts in reserve funds in a manner that benefits district taxpayers.

In response to the latest audit report, a letter to the Comptroller’s Office dated July 14, 2020, from Superintendent Catherine Huber, Ed.D., and Board President Brian Paris indicated that the “current public health landscape (COVID-19 pandemic) and the financial impact on school districts as well as the uncertain nature of school funding makes a response to the Comptroller’s audit particularly challenging.”

They wrote that the district “consistently has taken a conservative approach to budgeting “and that “these practices have served our taxpayers well …”

The letter indicates that district will act, effective July 14, to meet the audit’s recommendations, including monitoring fund balances, and developing realistic budget estimates by using zero-based budgeting – specifically stating that the 2020-21 budget salary estimates have been calculated as actual.

“The district is currently using Appropriated Reserved Fund Balance to balance the current budget,” according to the letter, which states that Huber and Business Administrator Tim Batzel will be responsible for the implementation of the recommended changes.

The Alexander Central School District serves the towns of Alexander, Batavia, Bethany and Darien in Genesee County and the towns of Attica, Bennington and Middlebury in Wyoming County.

It has a five-member board of education that is responsible for managing and controlling the district’s financial and educational affairs, the superintendent is responsible for the district’s day-to-day management under the Board’s direction and the business administrator maintains financial records.

According to the latest report, enrollment is at 826, with 162 employees, and 2019-20 appropriations totaled $18.2 million.

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