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Legislature proclaims Sept. 20-26 as Sheriff's Week in Genesee County

By Mike Pettinella

sheriff_week.jpg

sheriff_proclamation_.jpg

In top photo, Genesee County Sheriff’s Department employees and county legislators gather on the steps of the Old County Courthouse in recognition lawmakers declaring Sept. 20-26, 2020 as Sheriff’s Week in Genesee County.

In bottom photo, Legislator Andrew Young, chair of the Public Service Committee, presents the proclamation to Sheriff William Sheron.

The proclamation read, in part, that the Office of Sheriff, established in Genesee County in 1802, "has evolved into a modern, professionally accredited, full-service law enforcement and public safety agency, manned by fully trained police and peace officers, as well as civilians using state-of-the-art technology and applying the latest and most-advanced theories and practices in the criminal justice, civil process, corrections, 911 communications, and court security fields."

Photos by Mike Pettinella.

Contract changes keep Genesee County's Phase 2 water project flowing ahead

By Mike Pettinella

The Genesee County Legislature today approved a resolution authorizing changes to a pair of projects designed to increase the county’s water supply capacity under Phase 2 of the Countywide Water Supply Program.

Passage of the measure took place at the legislature's monthly meeting at the Old County Courthouse, following adoption of a proclamation designating Sept. 20-26 as Sheriff's Week in Genesee County.

The first adds $125,000 to a contract with Randsco Pipeline Inc., of Macedon, for the installation of reinforcing sleeves on five tangential tee connections along the transmission main on North Road in the Town of Le Roy. It raises the total contract amount to $5,657,030.60.

Highway Superintendent Tim Hens said this change order, coupled with a previous change to zinc-coated pipe and other related items totaling $190,285, raises the total contract amount to $5,601,485.

Hens said that the latest modification is to reinforce the five tangential tees or hydrant assemblies off the 36-inch main on North Road and to prevent any future leaks at the tees due to settlement or car accidents involving hydrants.

The second, which has no financial impact, allows Villager Construction Inc., of Macedon, to take up to 90 more days to perform installation work, primarily at the Chestnut Ridge water transmission main in the Town of Chili and the pump station offsite water mains in Mumford and Churchville. Delays in the project were due to the COVID-19 pandemic. The total amount of that contract stands at $4,942,165.

Both projects are part of a $23.5 million initiative that is intended to add 2.4 million gallons per day to the county’s water supply from Monroe County Water Authority sources, essentially doubling the current output of 2.5 million gallons per day, Hens said.

“Several Genesee County funded projects are occurring in Monroe County to get the water to our border and several are occurring in Genesee County as well,” he said. “The county is also assisting several municipal projects in Genesee County.”

In other action, the legislature approved a year extension a telephone system maintenance contract with Meridian IT of Rochester to provide continuous monitoring, remote and on-site service of all equipment, including handsets and incremental software upgrades for the IP Office servers installed at every County location.

The contract amount is not to exceed $24,943.

Per the resolution, Meridian IT “provides a level of expertise that in-house staff do not have. The telephone system is a critical component to supporting county departments and this outsourced service is necessary to ensure its availability and reliability.”

No new cases of covid reported in past 24 hours

By Press Release

Press release:

New Cases – As of 2 p.m.

  • Genesee County received zero new positive cases of COVID-19.
    • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • Orleans County received two new positive cases of COVID-19.
    • Both of the new positive cases reside in Albion.
    • Both of the individuals are 0-19 years old.
    • Both of the individuals were on quarantine prior to testing positive.
    • Thirteen new individuals are on precautionary quarantine due to travel from restricted states.
       

Halloween ghost walk at Historic Batavia Cemetery cancelled due to coronavirus and damaged trees

By Press Release

Top photo taken in January.

Submitted photos and press release from the Batavia Cemetery Association:

With heavy hearts and out of an abundance of caution, the Batavia Cemetery Association Board of Directors decided to cancel the annual Halloween Candlelight Ghostwalk for Oct. 24.

After much discussion, the board felt the safety of the reenactors and the public could not be guaranteed during the coronavirus pandemic when people must stand so closely together to hear the presentations. 

This is a financial blow, as the ghost walk is a major yearly fundraiser for the upkeep of the cemetery. 2020 has been a difficult year for everyone, and the cemetery has suffered great losses as well.

One of the oldest maple trees in the cemetery, and probably in Batavia, was felled by winds in January. It is reckoned the tree was approximately 200 years old. During the same storm, a large branch came down from another maple in front of the Ellicott Monument and that tree needs to be removed.

Several headstones were damaged and need repairing.

Earlier this month, a large maple along the driveway was split in half by high winds and took down two new maple trees on the other side of the driveway that were planted several years ago. It has cost several thousand dollars so far to remove three large trees.

Three other maples that have reached the end of their lives and three ash trees that have been killed by the Emerald ash borer must be removed to prevent further headstone damage. 

The board hopes to remove the dead trees this fall and begin a project next summer to grind out the stumps and replace the stately maples along the driveway. To accomplish this will require community help.

Any donations would be gratefully accepted, and may be made to Batavia Cemetery Association, 22 Fisher Park, Batavia, NY 14020. 

Please come and have some spooky fun in October, 2021 at the next Halloween Candlelight Ghostwalk!

Below, another photo from January.

Below, photo taken this month.

Below, another photo from taken this month.

2020 Richmond Reads programs are virtual via Zoom, registration is required

By Press Release

Press release:

Richmond Memorial Library will host author Allen Eskens for a virtual visit on Thursday, Oct. 22 at 7 p.m. for the 2020 Richmond Reads program. His latest book "Nothing More Dangerous" is the one selected for this year.

In light of ongoing conditions, the decision was made to move forward with the program as an online event.

Community Book Discussions are also scheduled, as well as a review contest. 

“The Richmond Reads committee wholeheartedly feels that the messages of racial equality and justice in this book are too important and timely not to share,” says Samantha Stryker Basile, Community and Adult Services librarian and Richmond Reads coordinator.

“This year’s program may look a little different but we hope to still engage in very meaningful discussions with the community and have a great experience with our author.”

Richmond Reads is a community one-book reading program, and is open to all! The title is chosen with older teens and adult readers in mind.

Author Visit:

Join Allen Eskens for a book talk and discussion at 7 p.m. on Thursday, Oct. 22.

Attend from home! The visit will be hosted over Zoom and registration is required at: http://batavialibrary.org

View at the library: Limited seats will be available at the library to view the discussion. This is intended for those who may not have access to the internet at home. Those attending will need to wear an appropriate face covering. Register at batavialibrary.org or by calling Samantha at (585) 343-9550, ext. 8.

All who register and attend the author event will be entered in a raffle to win one of three signed copies of the book! 

Community Book Discussions:

Join Librarian Samantha Stryker Basile and the Richmond Reads Committee for a discussion of the book. 

  • Thursday, Oct. 15 at 7 p.m. -- Virtual Book Discussion on Zoom
  • Monday, Oct. 19 at 1 p.m. -- Virtual Book Discussion on Zoom
  • *Friday, Oct. 16 at 1 p.m -- IN PERSON Book Discussion at the library.

*This discussion is intended for those who may not have access to the internet at home and attendance is limited. Those attending will need to wear an appropriate face covering.

Registration required for all programs. Register at: http://batavialibrary.org/richmond-reads or by calling Samantha at (585) 343-9550, ext. 8.

Review Contest

Write a review of "Nothing More Dangerous" for a chance to win a prize! Two winners will be chosen by the Richmond Reads committee to win a signed copy of "Nothing More Dangerous" and a $50 gift certificate to a local restaurant. The review form and complete rules can be found at batavialibrary.org/richmond-reads or at the library. Reviews must be received by 5 p.m. Oct. 19.

About the Book

Described by Library Journal as a “powerful, unforgettable crime novel” and "a coming-of-age book to rival some of the best,” "Nothing More Dangerous" by Allen Eskens presents a timely story filled with mystery, intrigue and personal discovery.

Set in the 1970s, "Nothing More Dangerous" tells the story of 15-year-old Boady, who wants nothing more than to leave his small town of Jessup, Mo., for bigger and better things. His life changes in unexpected ways when the Elgins – a black family – move in across the street.

Boady’s fast friendship with their son, Thomas, causes him to reexamine his understanding of the world as he knows it. Racial tensions are high in his town after the sudden and ominous disappearance of Lida Poe, a black woman who kept the books at the local plastics factory.

As Boady delves into this mystery and confronts the racial injustice around him, he uncovers more than he expected about his family, his neighbors and himself.

Calling it the book he “became a writer to write,” Allen Eskens began writing "Nothing More Dangerous" in the early '90s and only recently completed it for publication in 2019. A bestselling and award winning author, "Nothing More Dangerous" is Eskens’ sixth novel. Other works include "The Life We Bury," "The Guise of Another," "The Heavens May Fall," "The Deep Dark Descending," and "The Shadows We Hide."

Eskens lives in Minnesota, where he recently retired after practicing criminal law for 25 years. 

Copies of the book are available at the library in hardcover and audio and on OverDrive as an eBook or Audiobook. The book is also available to purchase at the library for $24 courtesy of Lift Bridge Book Shop in Brockport.

Richmond Reads is sponsored by the Friends of Richmond Memorial Library. Contributions to the program may be directed to the Friends.

Advisory group to learn about city police department's policies, procedures on Thursday

By Mike Pettinella

Understanding how policing has changed over the years and learning about policies and procedures are the key themes to be addressed Thursday night as the City of Batavia Police Collaboration Advisory Stakeholder Group meets for the first time.

The two-hour session is set for 7 o’clock at City Centre Council Chambers.

“We plan to share an overview of policing as a profession and how it and law enforcement, in general, have evolved,” Police Chief Shawn Heubusch said on Tuesday.

Heubusch said he’s looking forward to working with the 20 members of the committee plus industry experts from several health and human services agencies who have been invited to participate.

“Anytime we can bring people in to help us deliver services in the community is a good thing,” he said. “We have a cross section of the community in the group. I think every ward is represented (by citizen members) and we’ve checked all the boxes of those who have to be involved per the governor’s Executive Order.”

He also noted a “good representation of the minority community” to assist in Gov. Andrew Cuomo’s mandate that municipal police departments engage with stakeholders in their communities to review current police policies and procedures and then develop a plan to adopt and implement the recommendations resulting from the review and consultation.

Per Executive Order No. 203:

Each local government entity … must perform a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color.

The plan must be submitted to the state Director of the Division of the Budget by April 1 or communities could risk losing future state funding.

Thursday’s meeting will include a review of Executive Order 203: New York State Police Reform and Reinvention Collaboration, and feature a presentation by the Batavia Police Department.

Topics include the evolution of policing, current operations and the BPD Policy Manual, with members to receive copies of the department’s Policy 300 Use of Force as a "take home assignment."

“Policing methods change depending upon who’s in power in Albany and in the federal government,” Heubusch said, noting that one recent change involves how officers handle people using drugs. “With the PAARI (Police Assisted Addiction and Recovery Initiative) program we have now, the approach is much different in that we refer them to GCASA (Genesee/Orleans Council on Alcoholism and Substance Abuses) and the peer advocates (to get help). Before that, it always was arrest, arrest, arrest.”

Heubusch also pointed to changes concerning use of force policy, specifically mentioning the (Eric Garner) Anti-Chokehold Act passed by the state legislature and – as part of a package of 10 police reform bills -- signed into law as by Cuomo in June. The law criminalizes the use of chokeholds that result in injury or death.

Advisory group meetings will take place on Thursdays, likely at 6 p.m. going forward, Heubusch said, with two meetings scheduled for October, two for November and one or two in December to finalize the plan.

“Our goal is to complete this task as expeditiously as possible,” he said.

Advisory group members are as follows:

Law enforcement/Legal – Heubusch, Assistant Chief Chris Camp, First Assistant District Attorney Kevin Finnell, Public Defender Jerry Ader, Batavia PBA President Matt Wojtaszczyk.

City of Batavia – Interim City Manager Rachael Tabelski, City Attorney George Van Nest, Council Member Kathleen Briggs.

Residents/Business – Brandon Armstrong, Raelene Christian, Bill Hayes, Francis Marchese, Gregory Munroe II, Victor Thomas, Michael Henry, Bill Blackshear.

Other – Rev. Martin Macdonald (City Church), Batavia City School Superintendent Anibal Soler Jr., Batavia Housing Authority Director Nathan Varland, YWCA Executive Director Millie Tomidy-Pepper.

Representatives from Genesee County Department of Social Services, Genesee County Mental Health Services, Lake Plains Community Care, RESTORE Sexual Assault Services, City of Batavia Youth Center and Genesee County Sheriff’s Office 9-1-1 Center also will provide information and answer questions.

Jay Gsell and Erik Fix will serve as moderators.

The meetings are open to the public, with COVID-19 protocols in place.

Gordon Dibble endorses Sheron for Sheriff

By Press Release

Press release:

Citizens of Genesee County:

Over my 43-year career at the Genesee County Sheriff’s Office, I had the privilege of working under four different Sheriffs, including current Sheriff Sheron, each a good man in his own right. This fall, Sheriff Sheron is running for a second term. In today's world, many great police agency leaders are leaving the profession, feeling frustrated and unsupported. In my opinion, we are fortunate that Sheriff Sheron is willing to take on another term.  

In these times when law enforcement is under such intense scrutiny and criticism, experienced, educated and proven leadership is extremely vital. I watched Bill Sheron work his way up within the Sheriff’s Office, having held many key positions:

  • Dispatcher
  • Deputy assigned to the Genesee County Jail
  • Deputy assigned to Road Patrol
  • Sergeant - Road Patrol
  • Sergeant - Drug Task Force
  • Investigator
  • Chief Deputy of Road Patrol
  • Undersheriff
  • Sheriff

As illustrated, he has a wide variety of law enforcement knowledge and experience. He has faced many challenges during his career and honorably acquitted himself through them all. 

I support William A. Sheron Jr. He has done a great job. I urge you to vote to reelect him to office so that he may continue to provide the consistent leadership that Genesee County needs during these uncertain times.

Thank you,

Gordon L. Dibble
County Legislator
Retired Chief Deputy

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.

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