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Free coat giveaway Wednesday at Community Action's parking lot

By Press Release

Press release:

Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway on Wednesday, Nov. 18, from 10:30 a.m. to 2 p.m. in the parking lot of our office at 5073 Clinton Street Road in Batavia.

New and like new coats will be available for children and adults of all sizes. 

We are also accepting new and like new coats for donation with no broken buttons or zippers. To donate or if you have questions please contact Lisa or David at Community Action at (585) 343-7798. 

COVID-19 mask wearing, and social distancing guidelines will be strictly adhered to at this event. Currently, we are unable to reserve coats for individuals prior to the event. 

The mission of Community Action is to provide services, with dignity and respect that help people become self-sufficient.

GOW Opioid Task Force receives 2020 Community Star for rural health service delivery

By Mike Pettinella

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When it comes to commitment and dedication to battling opioid addiction in rural areas, the Genesee-Orleans-Wyoming Opioid Task Force shines brightly.

That’s the viewpoint of the National Organization of State Offices of Rural Health, which has awarded the local collaborative organization with a 2020 Community Star.

The award is given to only one rural entity in New York State.

“We are deeply honored to be recognized by the NOSORH,” said Christen Ferraro, GOW Opioid Task Force project coordinator. “It is a tribute to the efforts of the hundreds of people in the tri-county area who volunteer their time and work together to help end opioid addiction and overdose.”

The honor is being presented in conjunction with National Rural Health Day on Nov. 19, according to the NOSORH.

Ferraro said an e-book publication featuring the GOW Opioid Task Force’s story, along with the other winners, will be released on that date on the NRHD website. The link to the story also will be posted on the GOW Opioid Task Force website – www.gowopioidtaskforce.org – and on its Facebook page.

The NOSORH singled out the local outreach for its flexibility in delivering key services during the COVID-19 pandemic.

When the pandemic hit Western New York, the task force shifted its education efforts online. Virtual Narcan trainings were held and kits were mailed to participants. Since these online trainings began, more than 150 community members have been trained, and for 2020, more than 300 have received this training.

“We knew we had to make adjustments so our community could continue to have access to these needed resources," Ferraro said. “The positive response we received from the community was overwhelming, and we definitely plan to utilize this new way of education to help continue supporting our rural community in these difficult times.”

The task force, which is supported by the Greater Rochester Health Foundation and Genesee/Orleans Council on Alcoholism and Substance Abuse, currently has more than 400 members from across the tri-county region.

Members represent various sectors of the community, including public health, mental health, human services, local government, substance use disorder treatment and recovery agencies, law enforcement, EMS, faith-based groups, health systems and medical practitioners, education, businesses, concerned individuals, families, and individuals in recovery.

The NOSORH founded National Rural Health Day as a way to showcase rural America, increase awareness of rural health-related challenges and promote the efforts of NOSORH, State Offices of Rural Health and others in addressing those challenges, said Teryl Eisinger, the agency’s chief executive officer.

An estimated 57 million people – nearly one in five Americans – live in rural and frontier communities throughout the United States.

 “These small towns, farming communities and frontier areas are wonderful places to live and work; they are places where neighbors know each other and work together,” Eisinger said. “The hospitals and providers serving these rural communities not only provide quality patient care, but they also help keep good jobs in rural America.”

These communities also face unique healthcare needs.

“Today more than ever, rural communities must tackle accessibility issues, a lack of healthcare providers, the needs of an aging population suffering from a greater number of chronic conditions, and larger percentages of un- and underinsured citizens,” she said. “Meanwhile, rural hospitals are threatened with declining reimbursement rates and disproportionate funding levels that makes it challenging to serve their residents.”

All 50 states maintain a State Office of Rural Health, each of which shares a similar mission to foster relationships, disseminate information and provide technical assistance that improves access to, and the quality of, health care for its rural citizens.

Photo: The GOW Opioid Task Force has been honored with the 2020 Community Star from the National Organization of State Offices of Rural Health. From left are Charlotte Crawford, chief executive officer, Lake Plains Community Care Network; Julie Gutowski, vice president of Clinical Operations and Services, Spectrum Health & Human Services; John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse; Christen Ferraro, task force project coordinator, and Paul Pettit, public health director for Genesee/Orleans County Health Departments.

Disclosure: Story by Mike Pettinella, GCASA publicist.

Law and Order: Bethany man accused of causing serious injury to person in a tavern in July

By Billie Owens

Greg Robert Solomonidis, 24, of Little Canada Road, Bethany, is charged with second-degree assault. At 3 p.m. on July 24, Genesee County Sheriff's deputies took a report of an assault that allegedly occurred at a tavern on Attica Road in the Town of Alexander. Following an investigation, Solomonidis was arrested on Nov. 11, arraigned in Genesee County Court and released on his own recognizance. He is accused of striking a person in the face, causing serious physical injury. He is due in Town of Alexander Court on Dec. 21. The case was investigated by Deputy Erik Andre, assisted by Deputy Kenneth Quackenbush.

James Michael Caccamise, 32, of Warboys Road, Byron, is charged with: operating a motor vehicle while impaired by drugs -- first offense; criminal possession of a controlled substance in the seventh degree; and moving from lane unsafely. At 3:37 p.m. on Sept. 30, Caccamise was arrested after an investigation into a single-vehicle accident that occurred on Fotch Road in Satfford. It is alleged that Caccamise overdosed on fentanyl while driving on a public highway and that he possessed fentanyl at the time. He was released on appearance tickets and is due in Stafford Town Court on Nov. 24. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Structure fire on State Street in the city

By Billie Owens

A working structure fire is reported at 162 State St. in the city; unknown if occupied. City fire dispatched.

UPDATE 8:08 a.m.: It's gone to a second alarm. Alexander Fire Department's FAST team is called to provide mutual aid, along with Elba. Town of Batavia is called to stand by in their stations. Mercy medics are dispatched to the scene. The location is between North Street and Park Avenue.

UPDATE 8:23 a.m.: Town of Batavia's Engine #24 is called to the scene. Responders are told to approach via Richmond Avenue.

UPDATE 8:25 a.m.: Alexander is unable to secure manpower for its FAST Team; instead they are asked to bring the team assembled to stand by in city fire headquarters. Alexander's Engine #7 is en route. In the meantime, Town of Batavia's Engine #25 is asked to stand by in city fire headquarters.

UPDATE 8:29 a.m.: East Pembroke Fire Department is called to stand by in their quarters for Town of Batavia fire.

UPDATE 8:34 a.m.: Command reports fire is under control. Command asked that the city's Department of Public Works be instructed to shut off water at the road at the fire scene. National Grid is to be notified to turn power off.

UPDATE 8:39 a.m.: Alexander's Engine #7 is at city fire headquarters.

UPDATE 9 a.m.: No one was home when the fire broke out and firefighters have had no contact yet with residents and/or property owners. A cat was brought out alive but it's condition is not known at this time. The cause of the fire is under investigation.

UPDATE 9:16 a.m.: Mutual aid companies are put back in service. Mercy medics left awhile ago. 

Eagle Scout from Alexander's Troop 6650 raises first U.S. flag on new pole at The Manor House

By Billie Owens

Hunter Meyers' aunt, Amber Winters, is very proud of her nephew, and so are quite a few others.

The Eagle Scout (left inset photo) "did a cool thing today," Winters wrote The Batavian in an email.

And that was to continue his troop's flag-raising tradition at The Manor House in Batavia on Veterans Day.

That would be Boy Scout Troop 6650, based in Alexander.

"Our Boy Scout Troop has been holding a ceremony at The Manor House* for their veteran residents for the last 14 years," says Hunter's mother, Season Meyers. "The ceremony was cancelled this year due to COVID.

"However, I found out they had a brand-new flag pole installed with the express intention of our troop raising the first flag on it to dedicate it to their veterans.

After discussing it with Hunter we decided we were NOT going to let The Manor House nor their veterans down. 

So, "with the help of his grandfather, Hunter raised the first flag on the new flagpole and it was officially dedicated to the veterans," Season said. "All the residents were so grateful and we were beyond thrilled to participate.”

Hunter's grandfather is Peter Michael Meyers, who lives in Attica, as does Hunter's family.

Hunter is the youngest to rise to the rank of Eagle Scout in many years, according to his mom.

He is 15, but earned his Eagle badge at 14, one of only three to earn the achievement that young in Genesee County history.

*Editor's Note: Before the assisted-living facility at 427 E. Main St. became The Manor House, it was known as Victorian Manor.

Photos courtesy of Amber Winters.

Next two photos, Hunter Meyers, left, and his grandfather Peter Michael Meyers, preparing to raise the American flag today, then hoisting it.

Third photo below, Hunter Meyers and an unnamed resident at The Manor House unmask briefly to smile broadly after today's flag-raising ceremony.

Bottom, Hunter Meyers in front of the new flagpole at The Manor House and its new U.S. flag.

 
 

Photos: Veterans' Day ceremony at the War Memorial

By Howard B. Owens

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The men and women who have served the United States in military service were honored by local veterans today, Veterans Day, in services at the County Park, the VA Hospital, the State Veterans Home, and the Upton Monument.  

These photos are from the ceremony at the St. Jerome's War Memorial.

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Below: A video submitted by UMMC of Dan Ireland, the hospital's CEO, delivering a Veterans Day message.

Video Sponsor
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Coroner, plane crash responders honored for work at scene in Corfu

By Howard B. Owens

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County Coroner Jeff McIntire received a commendation yesterday from the Genesee County Legislature for his tireless work -- more than 260 hours -- along with a team of responders -- to an airplane crash site in Corfu.

The Oct. 2 plane crash into a swampy, wooded area near Boyce Road claimed the life of Buffalo attorney Steve Barnes and the life of his niece Elizabeth Barnes, who was a government attorney.  

McIntyre received the commendation from Legislator Marianne Clattenburg.

Here's a copy of the commendation:

WHEREAS, On the morning of October 2, 2020 an airplane crash occurred in the Genesee County Town of Pembroke resulting in two tragic deaths and significant wreckage, and

WHEREAS, The Genesee County Sheriff’s Office, Emergency Management Services, Genesee, Orleans and Wyoming County Coroners and countless volunteers from several local Fire Departments worked together to provide a comprehensive response, and

WHEREAS, Genesee County Coroner Jeffery McIntire was called to the crash scene where he took command of a full experienced recovery team including New York State Association of County Coroners and Medical Examiners President Scott Schmidt, Forensic Anthropologist Dr. Pheiffer, Homeland Security Member & fragmented remains logistical supervisor Randy McIntire, and forensic photographer, logistician, deputy coroner and safety officer Cynthia Reynolds who provided crash victims’ families with loved ones’ remains and closure, and

WHEREAS, the value of comprehensive incident training and experience was made evident by the professionalism, compassion and commitment demonstrated by lead Coroner Jeffery McIntire, and

WHEREAS, seamless leadership was provided to multiple federal, state and local agencies who all played a role in the response, investigation, recovery and clean-up, and

WHEREAS, the elevated level of support and outstanding coordination of effort was acknowledged by the National Transportation Safety Board in their letter dated October 13, 2020, Now, therefore, Be it

RESOLVED that The Genesee County Legislature recognizes the contributions of Genesee County Coroner Jeffery McIntire, the Office of Emergency Management Services, Genesee County Sheriff’s Office, Genesee, Orleans and Wyoming County Coroners, and the Volunteer Fire Departments who provided professional services following the traumatic plane crash.

Cuomo announces new restrictions on bars and restaurants, limits social gatherings

By Press Release

Press release:

Governor Andrew M. Cuomo today announced new COVID-19 restrictions on bars, restaurants, gyms and residential gatherings in New York State.

Effective Friday at 10 p.m., bars, restaurants and gyms or fitness centers, as well as any State Liquor Authority-licensed establishment, will be required to close from 10 p.m. to 5 a.m. daily.

Restaurants will still be allowed to provide curbside, food-only pick up or delivery after 10 p.m., but will not be permitted to serve alcohol to go. The State Liquor Authority will issue further guidance for licensees as to what sales are continued to be permitted.

The Governor also announced that indoor and outdoor gatherings at private residences will be limited to no more than 10 people. The limit will be implemented due to the recent prevalence of COVID spread resulting from small indoor gatherings including Halloween parties.

These gatherings have become a major cause of cluster activity across the state. Further, this public health measure brings New York State in line with neighboring states including Connecticut, Massachusetts and Rhode Island. This new rule is also effective Friday at 10 p.m.

"If you look at where the cases are coming from, if you do the contact tracing, you'll see they're coming from three main areas: establishments where alcohol is served, gyms, and indoor gatherings at private homes," Governor Cuomo said. "The reason we have been successful in reducing the spread in New York is we have been a step ahead of COVID.

"You know where it's going; stop it before it gets there. And you know where it's going by following the science. This is the calibration that we've talked about: increase economic activity, watch the positivity rate -- if the positivity rate starts to go up, back off on the economic activity. It was never binary -- economic activity or public health -- it was always both."

Governor Cuomo continued: "The rules are only as good as the enforcement. Local governments are in charge of enforcement. There are only two fundamental truths in this situation: it's individual discipline and it's government enforcement. Period. End of sentence. I need the local governments to enforce this."

The Governor took these actions amid a widespread increase in cases throughout the nation and an increase in New York, which was expected moving into the fall and winter seasons.

New York Restaurant Association responded:

The statement below can be attributed to Melissa Fleischut, president and CEO of the New York State Restaurant Association (NYSRA).

“Today’s news is a huge blow to the restaurant industry that is desperately trying to stay afloat. Our members have put in place procedures and protocols to mitigate the spread, and we’ll continue to do so to ensure the safety of our employees and patrons. We understand the logic behind micro-cluster restrictions, but at this time we have concerns about blanket statewide restrictions like this.”

Catholic Charities seeking volunteers for COVID-19 phone visitation program

By Press Release

Press release:

Catholic Charities needs volunteers for its COVID-19 phone visitation program.

An adaptation of its home visitation program for seniors (age 60+) in Genesee and Orleans counties, this safe social connection is an opportunity for homebound seniors to maintain contact with the outside world they otherwise would not have due to their shrinking social circles as a result of the coronavirus pandemic.

Interested volunteers would call weekly, from their own homes and on their own schedules, to check in on the homebound seniors. Training and a background check are required.

For more information on becoming a volunteer, please call Peg at (585) 343-0614, ext. 18.

“This unique opportunity allows volunteers from surrounding communities and counties to be matched with waiting seniors,” said Linda Chadderdon, program manager for home visitation program in Genesee and Orleans counties, Catholic Charities.

“In addition to brightening our seniors’ days, volunteers often find a rich sense of fulfillment with the knowledge they are reaching out to someone in friendship.”

Since the start of the coronavirus pandemic in March, Catholic Charities has continued to provide services to WNY individuals and families in need through many programs, including counseling, basic emergency assistance and food pantries. Additional information about Catholic Charities’ services can be found at ccwny.org/services.

East Pembroke Fire District Election will be held in the evening Dec. 8 at fire hall on Barrett Drive, Batavia

By Press Release

Public Notice

EAST PEMBROKE FIRE DISTRICT ELECTION

Please take notice that the annual election of the East Pembroke Fire District will be held on Tuesday, Dec. 8th, 2020, between the hours of 6 p.m. and 9 p.m. EST. It will be held at the East Pembroke Fire District Hall, located at 8655 Barrett Drive, Batavia, NY 14020.

For the purpose of electing ONE (1) Fire Commissioner for the term of Five (5) years, commencing 01 Jan. 2021 and ending 31 Dec. 2025.

Petitions may be obtained by contacting William R. Joyce, 2539 Main Road, East Pembroke, NY 14056, or by calling (585) 762-9913. Qualified candidates shall file their petitions signed by “25” registered voters of the East Pembroke Fire District.

Petitions must be filed with the East Pembroke Fire District Secretary no later than Nov. 30, 2020.

By Order of the East Pembroke Fire District William R. Joyce, Secretary

Seven new COVID-19 cases reported here today, bringing the total since Friday to 43

By Press Release

Press release:

Due to the Veterans’ Day holiday tomorrow, both Genesee and Orleans County Health Departments will be closed. We will not be updating numbers or the map until Thursday afternoon. A very special thank you to those who have served in any of the Armed Forces. We appreciate your service and the sacrifices you and your families have endured to keep our country safe.

New Cases – As of 2 p.m.

  • Genesee County received seven new positive cases of COVID-19.
  • The data below includes the 43 reported cases since Friday, Nov. 6.
    • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Darien, Elba, Le Roy, Oakfield, Pavilion, and Stafford.  
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
    • Fourteen of the individuals were on mandatory quarantine prior to testing positive.
    • Seventee of the previous positive individuals have recovered and have been removed from the isolation list.
    • Two of the positive individuals are hospitalized.
    •  
  • Orleans County received 13 new positives case of COVID-19.
  • The new positive cases reside in Albion, Shelby, Carlton, Murray, Kendall and Ridgeway.
  • The individuals are in their 0-19s, 30s, 40s, 50s, and 70s.
  • Two of the individuals were on mandatory quarantine prior to testing positive.
  • Three of the previous positive individuals have recovered and have been removed from the isolation list.
  • The Health Department has been notified of a positive student at Holley High School. The student was not on mandatory quarantine prior to testing positive. The individual is on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.

One of the positive individuals is hospitalized.

BHS staff member who was asymtomatic tests positive for COVID-19

By Billie Owens

Dear Batavia Blue Devils Community:

I am writing to provide you an important update regarding COVID-19 and Batavia High School.  

I have been notified and in contact with the Genesee County Health Department and the District’s Medical Director that there has been one new positive COVID-19 case of a Batavia High School staff member. The employee was NOT in school with any symptoms and was considered asymptomatic prior to getting tested.

As a result of contact tracing, which focuses on a 48-hour window of time this has caused one additional staff member and five students who were deemed as “close contact” to quarantine for 14 days. Any student and staff member that was identified as a “close contact” has already been contacted by the Batavia High School administration. The Genesee County Health Department will also follow up with identified students and staff. 

This case does not impact our ability to continue to operate Batavia High School and the school will remain open for our in-person hybrid learning model. 

New York State has launched the “School COVID Report Card” site, where you can view COVID-19 data associated with all schools in New York. To protect the privacy of students and staff, we will never release personally identifiable information.

Please continue to be vigilant in your efforts and help us prevent the spread of COVID-19. For additional reliable information on preventing the spread of COVID-19, please go to www.cdc.gov or www.health.ny.gov

Please also don’t hesitate to contact Batavia High School or the District if you have any questions or concerns. 

Better Together… WE are Batavia!

Anibal Soler Jr., Superintendent of Schools

Batavia City Schools

(585) 343-2480

www.bataviacsd.org

Barn fire reported on East Road in Batavia

By Billie Owens

A fully involved barn fire is reported at 4787 East Road in Batavia. It is next to a house. The location is between Putnam and Creek roads. Town of Batavia Fire Department is responding.

UPDATE 4:50 p.m.: A first responder on scene confirms it's a working barn fire.

UPDATE 4:54 p.m.: The barn is "on the ground" so command says firefighters will be concentrating their efforts on saving the house, which is about 25 yards away. There is a good-sized propane tank in the vicinity of the barn. East Road will shut down at both ends -- Putnam and Creek roads.

Editor's Note: About 10 updates were lost from this post after a technical glitch occurred. The following is a summary of them.

UPDATE 6:08 p.m.: Bergen fire was called to Town of Batavia's station #2 to fill in, then switched to station #1. Elba was called to the scene. National Grid was called in; no ETA. Command reported the barn blaze was squelched to hot spots and they were working to douse those. Mercy medics on scene were asked to evaluate a firefighter, then called for an ambulance. The ambulance was called to proceed in emergency mode, then a second ambulance was called in. Two firefighters suffered some degree of smoke inhalation. The East Battalion communication channel was released and they are wrapping up operations on East Road.

More T/K

Grand Jury: Man accused of attempted murder in stabbing on Lehigh Avenue in the city in August

By Billie Owens

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

Jacobs calls on Cuomo to reform Scaffold Law

By Howard B. Owens

Press release:

Congressman Chris Jacobs (NY-27) sent a letter to Governor Andrew Cuomo urging him to include Scaffold Law reform in his next budget proposal. Specifically, Congressman Jacobs called for implementing a comparative liability standard for gravity-related injuries.

“Reforming the burdensome Scaffold Law is long-overdue in New York State," Jacobs said. "As we are staring down a massive budget deficit and a stalled economy, reforming this archaic law is an excellent first step.

"Meaningful reform to the Scaffold Law would unleash our economy, attract new investment into our state, and lower the cost of living for all New Yorkers. We are the last state in the nation to have such a regulation, and there has never been a more urgent time to reform it.”

Currently, New York is the only state in the nation with a liability regime like the Scaffold Law, which imposes an absolute liability standard for gravity-related injuries on construction sites. This has resulted in a projected 8- to 10-percent increase to all construction costs – a cost that is handed down to taxpayers and deters investment in New York State.

For example, complying with the Scaffold Law is expected to add an additional $180 to $300 million to the Gateway Program and added an estimated $400 million to the Tappan Zee Bridge.

Congressman Jacobs introduced the Infrastructure Expansion Act in September. This legislation would exempt federally funded projects from the Scaffold Law and instead require a comparative liability standard for gravity-related injuries. Because the Scaffold Law is a state law, a bill passed by the New York State Legislature and signed into law by Governor Cuomo would be the most direct way to repeal or reform it.

County Health Alert: person who attended Trivia Night at T.F. Brown's Nov. 3 tests positive for COVID-19

By Billie Owens

Health Alert

The Genesee County Health Department has received a positive COVID-19 test from an individual who attended Trivia Night at T.F. Brown’s Restaurant on Tuesday, Nov. 3, between 6 and 9 p.m. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who attended the Trivia Night on Tuesday, Nov. 3rd to monitor their symptoms until Nov. 17th.

If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information, click here.

Veterans and active duty military affected by problem gambling 'at least twice the rate as general population'

By Press Release

The 11th month, November, on the 11th day is dedicated to commemorating the men and women who have served in the U.S. military.

As a country, we strive to honor and protect these individuals after returning to civilian life. While there are many mental health and addiction resources available throughout the nation, one issue usually remains hidden -- problem gambling.

It's a problem any time gambling causes financial, vocational, mental or interpersonal problems in one’s life, and it's an issue that affects roughly two million Americans. However, Veterans have elevated rates of problem gambling — at least twice the rate as the general adult population (Westermeyer et al., 2013).

Additionally, the National Council on Problem Gambling (NCPG) estimates that as many as 56,000 active duty members of the Armed Forces meet the criteria for gambling disorder.

According to the Diagnostic and Statistical Manual of Mental Disorders (DSM) 5, a diagnosis of gambling disorder requires at least four of the following during the past year:

  1. Need to gamble with increasing amount of money to achieve the desired excitement.
  2. Restless or irritable when trying to cut down or stop gambling.
  3. Repeated unsuccessful efforts to control, cut back on or stop gambling.
  4. Frequent thoughts about gambling (such as reliving past gambling experiences, planning the next gambling venture, thinking of ways to get money to gamble).
  5. Often gambling when feeling distressed.
  6. After losing money gambling, often returning to get even (referred to as “chasing” one’s losses).
  7. Lying to conceal gambling activity.
  8. Jeopardizing or losing a significant relationship, job or educational/career opportunity because of gambling.
  9. Relying on others to help with money problems caused by gambling.

Compared to the national population, problem gambling may not seem like a priority. However, problem gambling can impact up to 55 percent of the population. It is estimated that each individual struggling with problem gambling can impact up to 10 additional people.

On top of that, problem gambling has the highest suicide rate among all addictions.

“About 50 percent of those with disordered gambling have had suicidal thoughts. Over 17 percent of these individuals have attempted suicide,” (Moghaddam et al., 2015).

Problem gambling is also extremely underreported and low screening rates, especially in the military, remain a barrier. Some initial screening tools that are available include the “Lie Bet” and the “Brief Biosocial Gambling Screen,” which provide basic questions on gambling habits.

What can we do to better assist veterans and active duty members who might have a gambling problem?

•       Increase Screenings for Problem Gambling during routine visits and follow up.

•       Complete screenings after deployment and before reenlisting.

•       Offer education and information about gambling related harms. 

•       Provide a safe space to discuss need for support. 

•       Recommend alternatives to gambling on base and at program sites.

If you or a loved one is struggling with problem gambling, contact the Western Problem Gambling Resource Center at (716) 833-4274 or email us directly

Legislature chair and health director urge vigilance in fighting spread of COVID-19

By Press Release

Press release:

Genesee County Legislature Chair Shelley Stein and Genesee County Public Health Director Paul Pettit are urging county residents and businesses to step up in taking precautions to fight the spread of COVID-19.

Their call is the result of an increase of infections in Genesee County and the GLOW region and Governor Andrew Cuomo’s announcement earlier today about parts of Erie and Monroe counties being placed in Yellow zones.  

The Governor and his health experts have created three zones to manage the spread of the virus: 

  • Yellow Zone designates an area as being in a precautionary phase;
  • Orange Zone designation denotes a community is in a warning phase;
  • Red Zone means the community is in a cluster zone which imposes the strictest rules and regulations.

You can learn more about the zoning designation by clicking here

“We don’t want restrictions that will negatively impact businesses and the local economy, but if we continue to see increases and spikes, New York State is going to come in and create the zones that were announced today in Erie and Monroe counties,” Stein said. “Unfortunately, that is where we are trending if we don’t take action fast and become more vigilant to fight the spread of the virus.”

Among the restrictions in a Yellow Zone includes that:

  • Houses of worship can have no more than 50-percent capacity.
  • The maximum number of people at nonessential indoor or outdoor gatherings is limited to 25 people maximum.
  • Businesses can remain open but for restaurants there is a maximum of four people per table for both an indoor and outdoor dining.
  • Schools can remain open but there must be mandatory weekly testing of students and teachers/staff for in-person settings.

Stein said that Genesee County will be reaching out to various government agencies and business partners to urge the community to step up their vigilance in wearing masks, maintaining appropriate social distancing, hand washing and other common sense things to prevent further spread of the virus. The County is asking these partners to spread the message through email and social media channels.

“The key thing at the moment is similar to what we experience with the cold and flu season and that is people feeling compelled to go out if they are not feeling well,” Pettit said. “If you feel ill in the slightest, then please do not go out or to work and contact your physician immediately in order to schedule a test.”

With the Thanksgiving and Christmas holidays right around the corner, the temptation of larger gatherings particularly of family and friends who travel from outside the region poses another way of how the infection rate can spread.

“Cold and flu season is here, and eventually bad weather will force people to gather inside which is a recipe for the spread of the virus and this becomes even more concerning with the holidays right around the corner,” Stein said. 

Testing locations in Genesee County can be found here.

Gas leak at construction site on East Main Street, Batavia

By Howard B. Owens

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A worker apparently severed a two-inch gas line at 556 E. Main St. in the city, the site of an affordable apartment construction site this afternoon. It caused a gas leak that required from seven to 10 businesses and residences to be evacuated.

Chief Stefano Napolitano said National Fuel crews are working to seal off the pipe on both the east and west ends of the line. It was a two-inch line inside of an older four-inch line. Napolitano didn't have an estimate for when the gas will be shut off.  

Thirty minutes ago, the odor of natural gas was still strong in the air and you could hear the hissing of the leak.

The roadway is partially blocked.

UPDATE 2:24 p.m.: City assignment back in service.

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