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Law and Order: Recently released sex offender accused of rape

By Howard B. Owens
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Jon Magliocco

Jon T. Magliocco, 44,  of  Batavia, is charged with rape  3rd, criminal sexual act 3rd, and criminal sexual act 1st. Magliocco was released from prison on Aug. 2nd as a Level 3  sex offender. On Aug. 16,  two people reported being raped by Magliocco. The first incident allegedly occurred sometime between Aug. 10 and 11 at a residence on  Mill  Street. The second incident allegedly occurred between Aug.  14 and 15 at the same location. Magliocco was arrested after an investigation by Det. Jason Ivison and Officer Jason Waldron. Magliocco is being held at the Genesee County Jail.

William A.  Nichols, Jr., 28, of Medina, was arrested by Medina  PD and turned over to Batavia PD on a warrant for alleged failure to appear in court as directed. He was arraigned in City Court. His current status was not released.

Michael J. Robbins, 61, of Batavia, is charged with grand larceny 4th and conspiracy 5th. Robbins is accused of stealing property from a business on East Main Street, Batavia, on July 31. He was issued an appearance ticket.

Earnest J. Reese, 74, of Batavia, is charged with DWI,  driving with a BAC of .08 or greater, and moving from lane unsafely. Reese was stopped at 9:24 p.m., Saturday, on Bank Street in Batavia by Officer Peter Post.  Reese's vehicle allegedly struck a parked car.  Reese was issued an appearance ticket.

Cassandra F. Smith,  35, of York, was arrested on a warrant. Smith allegedly failed to appear in court on charges related to thefts from a  cemetery on  Harvester Avenue on  Aug. 16. Smith was processed at the jail and released.

A 16-year-old was arrested on a charge of harassment 2nd. The youth is accused of pushing and punching another juvenile during a fit. The youth was issued an appearance ticket.

Aaron J. McFollins, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. McFollins was stopped by a Batavia PD officer on Sept. 16 on East Main Street, Batavia. He was issued an appearance ticket.

Leslie R. Parris, 38, of Batavia, is charged with DWI and driving with a BAC of .18 or greater. Parris was stopped at 4:53 a.m., Sept. 19, on Dellinger Avenue  by a Batavia police officer. Parris was issued an appearance ticket.

Adele J. Feeley, 20, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, an open container, and speeding. Feeley was stopped at 10:46 p.m., Sept. 24, on West Main Street, Batavia, by a Batavia police officer. She was issued an appearance ticket.

Stephanie L. Coley, 39, of Brockport, is charged with criminal possession of a controlled substance 7th. At 1:58 a.m., Sept. 24, a Batavia police officer reportedly found Coley sleeping in the driver's seat of her vehicle at a location on Oak Street. She was allegedly found in possession of a crack pipe and several small bags containing an unknown white powder. She was released on an appearance ticket.

Mandy L. Miller, 41, of Batavia, is charged with arson 2nd and criminal mischief.  Miller is accused of setting fire to a carpet and a door at a residence on North Spruce Street on Sept. 25 during a dispute. She was issued an appearance ticket.

Jeremy G. Ives, 46, of Batavia, is charged with criminal mischief 3rd. Ives is accused of damaging a residence on Highland Park, Batavia, on Sept. 26. He as issued an appearance ticket.

Kimberly J. Pol, 33, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to use a turn signal. Pol was stopped at 10:12 p.m., Sept. 26, in Batavia by a Batavia police officer. Pol was issued an appearance ticket.

Christopher C. Taylor, 21, of Batavia, is charged with criminal contempt 2nd. Taylor allegedly made threats to burn down a house in violation of an order of protection. He was arraigned in City Court and released under supervision of Genesee Justice.

Myron D. Dupler, 74, of Batavia, is charged with public lewdness.  Dupler is accused of masturbating with his penis out of his pants while at the corner of State Street and Washington Avenue at 8:12 a.m., Sept. 27. He was issued an appearance ticket.

Rae C. Cook, 32, of Batavia, is charged with assault 2nd and criminal possession of a weapon. Cook is accused of stepping another person in the neck with a knife during an argument at 10:28 p.m.,  Oct. 2, at a location on Fisher Park, Batavia. Cook was arraigned in City Court and ordered held on $5,000 cash bail or $10,000 bond.

Marcos Velazquez, 18, of Batavia, is charged with criminal mischief 3rd. Valazquez allegedly smashed out several windows of a vehicle on Wood Street at 2:11 p.m., Sunday. He was issued an appearance ticket.

Jessica B. Eschenlauer, 32, of Batavia, is charged with harassment 2nd. Eschenlauer is accused of striking a person with a wooden kitchen spoon during an argument at a residence on Eleanor Place at 9:30  p.m., Monday. She was issued an appearance ticket.

Jery Riley III, 43, of Batavia, is charged with criminal mischief 4th. Riley allegedly damaged a door inside a residence on Manhattan Avenue during an argument at 4:19 p.m., Monday. He was released on his own recognizance. 

A 17-year-old is charged with harassment 2nd. The youth allegedly threatened another person with physical harm during an argument on Wednesday at a location on Hutchins Place, Batavia. He was released on his own recognizance. 

James Lee Thomas, Jr., 47, of Main Road, Stafford, is charged with endangering the welfare of an incompetent person. Thomas allegedly struck a mentally disabled minor multiple times causing pain. He was arraigned in Stafford Town Court and released on his own recognizance.

Daniel Jonathan Eastridge, 26, of  Woodstock Gardens Apartments, Batavia, is charged with felony DWI, felony driving with a BAC of .08  or greater, speeding, moving from lane unsafely, and driving left of pavement markings. Eastridge was stopped at 6:03 p.m., Saturday, on Telephone Road, Pavilion, by Deputy Jordan Alejandro.  He was issued an appearance ticket.

Jayson Lee Chamberlain, 37, of Pratt Road, Batavia, is charged with burglary 3rd and petit larceny. Chamberlain is accused of stealing property from a barn on Fisher Road, Oakfield, at 10:55 p.m., Oct. 7. He was arraigned in Oakfield Town Park and released on his own recognizance. 

Jessica J. Stocum, 44, of Batavia, is charged with assault, endangering an incompetent person, endangering an adult, criminal possession of a weapon. Stocum was arrested by State Police in connection with an incident reported at 3:19 a.m., Sunday, in the Town of Batavia. She was ordered held on $10,000 bail.  No further details released.

Cynthia M. Stewart, 40, of Batavia, is charged with petit larceny. Stewart was arrested by State Police in connection with a theft reported at 1:41 p.m., Oct., in the Town of Batavia. She was issued an appearance ticket. No further details released.

Matthew J. Zon, 40, of South Byron, is charged with criminal obstruction of breathing, criminal mischief 4th, and criminal contempt 1st. Zon was arrested by State Police in connection with an incident reported at 5:24 p.m., Oct. 4, in the Town of Byron. He was ordered held on bail. No further details released.

Trojans bulldoze their way to 49-6 victory over Irish

By Mike Pettinella

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The Alexander Trojans raised their Section V football record to 5-1 this afternoon with a 49-6 victory over Class D rival Notre Dame.

The visitors wasted little time in exerting their dominance when junior Christian Kissel fielded a punt at his own 22-yard line, broke a tackle and raced 78 yards untouched into the end zone with 8:31 left in the opening quarter (photo at top).

Kissel’s play was the first time the Trojans touched the ball after forcing the Irish to punt from their own 47.

Kicker Eric Cline converted the point after touchdown – he was successful on all seven attempts for the game – to give Alexander a 7-0 lead.

Alexander went up 14-0 about a minute later when, following an interception by defensive back Ricky Townley, quarterback Nick Kramer broke through the line off left tackle for a 61-yard touchdown run.

Ben Merrill’s interception on ND’s next possession set up a three-yard run by Brayden Woods, capping a six-play, 61-yard drive to make it 21-0 late in the period.

Another turnover, this time a fumble after a sack, gave the ball back to Alexander at the ND 24, and seven plays later the score ballooned to 28-0 on a 13-yard screen pass from Kramer to 6-2, 230-pound sophomore fullback Clayton Bezon.

The next three possessions for ND, 1-5, resulted in a fumble, punt and interception – the last turnover setting up a two-yard TD run by Woods to make it 35-0 at halftime.

The Trojans scored again on their opening possession after intermission on a 16-yard pass from Kramer to Merrill, and went up 49-0 midway through the fourth quarter on a 13-yard run by Tyler Marino.

The Irish, victimized by four interceptions and two lost fumbles, scored with 2:46 remaining on a two-yard run by quarterback Jimmy Fanara. The touchdown was set up by an 18-yard pass to C.J. Thornley and 40-yard completion to Evan Cummings.

Cummings, who recovered a fumble in the end zone to thwart the Trojans early in the fourth quarter, prevented another touchdown when he ran down Ricky Townley after a long run deep into ND territory inside of a minute to play.

Leading rushers for Alexander were Kramer with 79 yards on eight carries and Townley with 73 yards on five carries.  Kramer was 4-for-8 passing for 47 yards and two TDs.

Defensively, Townley and Merrill each had two interceptions while Andrew Pulliam and Chase Graham recovered fumbles.

For the Irish, gained 46 yards on the ground, while Fanara completed five of 17 passes for 95 yards. On defense, Anthony Edwards was in on 14 tackles, while Anthony Fiorentino and Conner McWilliams had nine each and Vin DiRisio had eight.

Both teams play again on Friday night. Alexander hosts York/Pavilion while Notre Dame travels to Cuba-Rushford/Hinsdale.

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Alexander's Clayton Bezon attempts a fullback option pass over ND linebackers Vin DiRisio (24), Evan Cummings (12) and Conner McWilliams (58).

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Bezon is brought down by ND's Ryan Fitzpatrick but not before crossing the goal line for a touchdown. No. 52 is Cole Dean.

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Eric Klein converts one of his seven point-after-touchdown kicks. 

Photos by Howard Owens.

County judge rejects Tonawanda Seneca Nation's suit against GCEDC in connection to Plug Power siting

By Mike Pettinella

A lawsuit filed by the Tonawanda Seneca Nation challenging the Genesee County Economic Development Center’s State Environmental Quality Review determination in connection with the Plug Power, Inc., project has been dismissed by Genesee County Acting Supreme Court Justice Charles Zambito.

The nation contended that the liquid hydrogen facility, which is in line to become operational sometime next year at the Western New York Science, Technology and Advanced Manufacturing Park in the Town of Alabama, would infringe upon its “Big Woods” sacred ground that is situated near the western end of STAMP.

As plaintiff in the legal action, the nation also sought to prove the GCEDC did not provide notification prior to the completion of the environmental review process.

Zambito, in his decision released on Sept. 28, ruled that the Seneca Nation failed to add Plug Power, Inc., as a defendant prior to the statute of limitations.

GCEDC reported its environmental impact determination on Feb. 4, giving the nation four months to amend its original suit of June 4 that listed only the GCEDC two top officers and board chair and vice chair as defendants.

The nation eventually added Plug Power, Inc., as a defendant on June 18 – two weeks after the deadline. Furthermore, it did so without “leave of the Court,” Zambito wrote, causing a delay in the amended petition’s filing until July 26.

In his analysis, Zambito wrote that “the proposed amended petition is untimely as it relates to Plug Power, Inc. (deemed a “necessary party”) and the individual GCEDC respondents. The motion to amend is denied accordingly and the amended petition is dismissed.”

He also dismissed the original petition for failure to include Plug Power, Inc., ruling that while the original petition was filed in a timely fashion, “the failure to join such a necessary party can result in the dismissal of the action.”

According to the GCEDC, Plug Power, Inc., plans to build the $232.7 million green energy technology facility at a 29.884-acre site at STAMP, with a proposed initial operation creating 68 new jobs at an average salary of approximately $70,000.

The Latham-based company also will invest $55 million to help build a 345/115KV electric substation in partnership with the New York Power Authority and National Grid. The substation will support future expansion and growth opportunities at STAMP’s 1,250-acre mega-site.

The GCEDC board of directors have approved the following incentives to Plug Power, Inc.:

  • Approved Property Tax Payments (Payment in Lieu of Taxes): $2.3 million per year, $46 million over 20 years.
  • Sales Tax Exemptions: $1.1 million.
  • Estimated Savings: $117.7 million property tax savings over 20 years if assessed at cost of construction ($232.7 million).
  • Anticipated assessment is much more likely to be $60-90 million. Payments of $2.3 million per year equate to a zero percent abatement on a $65 million assessment.

Local law enforcement looking for man missing from nursing home

By Press Release

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Press release:

The Batavia Police department is looking for 64-year-old Michael C. Jackson who left the Grand Rehabilitation and Nursing facility located at 257 State St. He was last seen at approximately 5:30 pm, wearing a red sweatsuit. Anyone with information is asked to contact the Batavia Police Department at 345-6350.

 

 

 

Photo By Howard Owens: Helicopter searching the Thruway corridor in Batavia.

City of Batavia puts out RFP for ice arena naming rights

By Mike Pettinella

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City of Batavia management is looking for a “forward-thinking community leader” in the form of a company, organization or even an individual wishing to secure the naming rights for the Batavia Ice Arena at 22 Evans St.

Assistant City Manager Jill Wiedrick today released a six-page Request for Proposal titled “Batavia Ice Arena Naming Rights” that gives potential arena sponsors until Nov. 5 to submit proposals outlining why their name should be associated with the 43-year-old ice hockey and skating facility.

According to the RFP, revenue from naming rights will be used to make functional and aesthetic improvements inside, and on the exterior of the arena. Applicants are asked to provide one or more names for consideration in their proposal.

Terms and financial obligations to the sponsor stipulate a five-year commitment, but do not include a set annual fee to be paid to the city.

Wiedrick said the manager’s office is leaving the yearly (or five-year) financial contribution up to the sponsor, and will consider the amount offered along with other factors.

When asked if the applicant had to be located in the city or Genesee County, she said that wasn’t the case “since we just don’t know what sort of interest is out there.”

“We’re going to be reviewing all of these submissions to figure out what is the best one that works for the City of Batavia,” she said.

Individuals are welcome to apply, Wiedrick said.

“It could be anyone … but more often than not, with any ice arena or anything that’s going out for naming rights, it does tend to be associated with a business.”

The RFP indicates that the city owns the arena and Firland Management operates it.

It also spells out benefits and opportunities at the facility, which hosts youth, high school and adult hockey competition and open skating events, with annual attendance at more than 70,000.

“Your sponsorship will position your company as a forward-thinking community leader,” it reads, emphasizing ways to promote the brand and “build positive associations through special events, league play, community experiences, traditions, and memories made at the Ice Arena!”

Exterior and interior signage will be permitted, as well as the promotion of the company (organization, individual’s) name on the City of Batavia website and all marketing materials.

The selected sponsor also will be able to hold two private events up to two hours each – one in the fall/winter and the other in the spring/summer.

Sponsor responsibilities include:

  • Signage development, design and production, with approval by the City of Batavia, and contracting and paying for all work relative to the installation of all exterior and interior signage.
  • Ongoing maintenance and bulb replacement in a timely manner for the signs that are located on the exterior of the building. All other signs in the facility once installed are the responsibility of the City of Batavia.
  • Promotion of advertising opportunities that may include additional revenue or marketing benefits to support the ice arena.
  • Presentation of a strategy to increase awareness of the facility’s new name (a key component of the proposal) and to present a strategy to facilitate complete use of the new name prior to the start of 2022.

The RFP, which will be distributed to businesses by the Genesee County Chamber of Commerce, also includes requirements for successful submission and criteria for evaluation.

The rink formerly was known as Falleti Ice Arena.

File photo. Thanksgiving holiday open skate at Batavia Ice Arena.

AFSCME union, Genesee County agree to five-year pact

By Mike Pettinella

Genesee County and the 31 members of American Federation of State, County & Municipal Employees union have reached a five-year contract agreement that calls for a 5 percent salary increase in 2022 and annual raises of at least 2 ½ percent after that.

County Manager Matt Landers today said a tentative agreement was reached about six weeks ago, leading to a favorable vote by union employees.

The pact was approved by the County Legislature’s Ways & Means Committee on Wednesday and is scheduled to be ratified by the full legislature next week.

Landers said the county agreed to the 5 percent raise plus 53-cent hourly wage increase for the first year after research showed that Genesee was paying less than comparable municipalities.

“We recognized that and attempted to correct that, understanding that we’re dealing with a shrinking labor pool,” Landers explained.

Pay increases in 2023 and 2024 are set at 2 ½ percent and in 2025 and 2026 are set at 3 percent. Union members’ share of health insurance premiums will go up from 9 percent to 15 percent over the life of the contract.

The 31 AFSCME (Council 66, Local 392) workers are highway department and facilities maintenance employees, Landers said.

In other action, the committee approved the appointment of Sheriff’s Deputy Joshua Brabon to the Genesee County Youth Board.

Legislator: Prioritize Genesee County departments when it comes to spending opioid settlement funds

By Mike Pettinella

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A Genesee County legislator believes that county departments dealing with substance use issues -- whether in the form of education, prevention, treatment or enforcement – should be first in line to receive money awarded to the municipality through New York State’s settlement with opioid manufacturers and distributors.

Speaking at Wednesday’s Ways & Means Committee meeting at the Old County Courthouse, Marianne Clattenburg said any list of ways to spend the $1 million or so expected to be distributed to Genesee County should start with initiatives supporting county units, such as the Youth Bureau, Mental Health and the Sheriff’s Office.

“This isn’t really that much money. And I think between the Youth Bureau, and their prevention efforts, and Mental Health and the issues that have arrived, especially with children and therapies that are going on because they’re dealing with drug abuse of parents and foster parents (would be the best use of the funds).”

Clattenburg said substance use and its effect upon other areas of society warrant immediate attention.

“I think there’s enough need inside the county that those stakeholders need to be focused on – those dollars staying in the county before we talk about other agencies …” she said. “I’m just concerned that outside agencies … are already asking how much money they’re going to get from this.”

County Manager Matt Landers responded by saying that representatives of Genesee County Mental Health, Sheriff’s Office, Public Health and Youth Bureau would be on the committee.

In a story posted on The Batavian on Monday, Landers said that Genesee/Orleans Council on Alcoholism and Substance Abuse, an outside agency that receives some funding from the county, and possibly other non-county organizations, will be involved.

Contacted today, he said the committee “will be weighted in favor of Genesee County departments," but will include John Bennett, GCASA executive director.

“It’s a fluid process,” Landers said. “As we move forward, we may see more partners to bring to the table.”

He said the first committee meeting is scheduled for later this month.

Ways & Means Committee members were asked to consider a resolution approving a proposed settlement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation, and their multiple subsidiaries – the “Big 3 Distributors” – that could result in the county receiving anywhere from $1,055,674 to $1,864,833, with payments made over 18 years.

County Attorney Kevin Earl said the New York City law firm of Napoli Shkolnik, which is representing municipalities across the state, “brought a number of actions not only against the people who manufacture the opioids, but the distributors – claiming that they violated certain laws by not accounting for where this stuff was going. In other words, they contributed to the proliferation of the opioid crisis.”

Earl said the monetary amount depends upon how many communities participate in the class action proceedings.

“Just like the other (Johnson & Johnson) settlement, (it comes) with a sliding scale,” he said. “The more people that … sign on to join the settlement, the more Big 3 Distributors are willing to pay because their exposure lessens. The likelihood is pretty high that we will get the high end of the settlement.”

Funds received have to be targeted toward substance use treatment, prevention, training and enforcement, he added.

“Within those categories, there is some flexibility but we can’t spend the money for water funds or bridge funds.”

While Earl said this money is addition to funds from the J&J settlement, it is unclear exactly how much the county will receive at this point.

Landers said he and Earl will be speaking with the attorneys representing the county in this matter to determine the dollar figure, but estimates an award of at least $1.3 million.

The county manager said the plan is to meet with all stakeholders and make recommendations that would be forwarded to the legislature.

The first payment is expected in February 2022, Earl said.

Previously: NYS AG reports that Genesee County is in line for up to $1 million in opioid settlement funding

Law and Order: Inmate accused of bringing contraband into jail

By Howard B. Owens

William Anthony Nicholas, 28, of Telegraph Road, Medina, is charged with promoting prison contraband. Nicholas allegedly possessed contraband while being held in the Genesee County Jail. The type of contraband was not identified in the press release. He was issued an appearance ticket.

Michael Patrick Caito, 30, of South Drive, Rochester, is charged with DWI.  Caito was reportedly involved in a multi-vehicle accident at 7:04 p.m., Oct. 4, on  Route 33 in Bergen. He was charged with several other, unspecified,  traffic violations.  His vehicle allegedly crossed over the double center line and struck two vehicles. He then reportedly left the scene and continued eastbound and was located a distance away from where his vehicle had become disabled. He was issued an appearance ticket.

Committee backs relaxing of sheriff's deputies residency requirements to ensure adequate pool of candidates

By Mike Pettinella

The Genesee County Legislature’s Ways & Means Committee on Wednesday threw its support behind a pair of local laws designed to relax residency requirements for the county’s seasonal and laterally transferring sheriff’s deputies.

County Attorney Kevin Earl, at the committee’s meeting at the Old County Courthouse, introduced resolutions calling for adoption of local laws that would supersede Section 3(1) of the New York State Public Officer Law.

Section 3(1) of the Public Officer Law states that no person shall be capable of holding a civil office, which includes deputy sheriffs, unless at the time he or she shall be chosen for employment they are a permanent resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen (in this case, Genesee County).

In the area of seasonal deputies, Local Law Introductory No. 4, Year 2021 would expand the residency territorial area to include Erie, Niagara, Orleans, Monroe, Livingston and Wyoming counties.

Seasonal sheriff’s deputies are defined as those hired for a fixed period of time not to exceed 90 days to work for a specific purpose, and must be fully trained with New York State Police Officer certification.

“A lot of this is driven by (Six Flags) Darien Lake needing additional employees,” Earl said.

Genesee County Undersheriff Brad Mazur said that permanent county sheriff’s deputies would be considered first for seasonal security work at Darien Lake, followed by seasonal deputies who live in Genesee County.

“Then, if we still couldn’t fill it, we would go outside to the contiguous counties,” he said, adding that two or three City of Batavia Police officers provided coverage at the theme park last year.

All costs for these seasonal deputies are covered by Darien Lake, Mazur said.

Concerning lateral transfers, Local Law Introductory No. 5, Year 2021 would expand the permanent residency requirement timeframe for a lateral police officer transfer to a Genesee County deputy sheriff position “to ensure an adequate pool of qualified applicants” by giving transfers six months after their hiring date to find a home in Genesee County.

Qualifications include current employment as a fully trained and certified police officer in New York and meeting all requirement of the Genesee County Sheriff’s Office.

Earl said that the mandate to reside in Genesee County within six months would be a condition of the deputy’s employment, meaning that the deputy could be fired outside of an arbitration process if the requirement is not met.

Previously, the county stipulated that transferring officers had to live in Genesee for two months before beginning employment.

Both Local Laws require public hearings, which have been scheduled for 5:30 p.m. Oct. 27 at the Old County Courthouse.

Election commissioners say lack of contested races likely to result in low turnout before and on Nov. 2

By Mike Pettinella

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As Friday’s deadline for residents to register to vote on Nov. 2 nears, Genesee County’s Board of Elections commissioners this afternoon informed the county legislature’s Ways & Means Committee that they expect a light turnout for both early voting and on election day.

According to the report submitted by Lorie Longhany and Richard Siebert, Democratic and Republican commissioners, respectively:

“With our county judge, district attorney and six legislative seats on the ballot without opposition, it is difficult to achieve voter enthusiasm. There will be some contested races in the City of Batavia (Council at Large) and several of our towns but certainly not countywide.”

Siebert predicts that early voting -- as was the case in June’s primary elections when only six residents voted prior to election day – will not generate much activity.

“Without real opposition and gas prices the way they are, realistically, who’s going to come from Le Roy, who’s going to come from Darien for early voting? It’s just not going to happen,” he said.

Early voting for the Nov. 2 General Election will take place at the ARC Community Center, 38 Woodrow Rd., Batavia, starting on Saturday, Oct. 23.

Dates and times are as follows:

  • Oct. 23-24, noon to 5 p.m.
  • Oct. 25, 9 a.m. to 5 p.m.
  • Oct. 26-27, noon to 8 p.m.
  • Oct. 28-29, 9 a.m. to 5 p.m.
  • Oct. 30-31, noon to 5 p.m.

Longhany said that for early voting “the even years are going to be the trouble years, (and) odd years are going to be the easy years.”

Siebert agreed, noting that parking at the ARC location is limited.

Currently, they are looking for another site in the city for 2022 early voting, while advising the committee that they are “aware of legislation which may require our early voting to expand from nine days to 15 days – which we could take advantage of during presidential elections but not local ones as we experienced this past June.”

Longhany said training has been completed for more than 200 poll workers, who will be subject to following the county’s COVID-19 protocol that calls for mask wearing unless proof of vaccination is provided. She said the workers are “very loyal” while Siebert added that they are well paid, receiving $290 for the full election day.

Siebert reported no safety or health issues in June, but acknowledged that the process was “tough for all of us.”

“Everything we do at the Board of Elections is very cyclical,” he said. “Last year we had a presidential election with 75 percent of the vote coming out. It was tough. We had to protect our workers, we had to protect our voters (while abiding by COVID-19 restrictions). We got through it.”

Another issue moving forward, Longhany said, is that the county’s number of permanent absentee voters has increased from 500 to 1,100, which – with the change to “no excuse” absentee ballots -- will create more work for their office.

Key dates for registration are as follows:

  • Oct. 8, Mail Registration for General: Last day to postmark application for general election; it must also be received by board of elections by Oct. 13.
  • Oct. 8, In-person registration for General: Last day application must be received by board of elections to be eligible to vote in general election. If honorably discharged from the military or have become a naturalized citizen since Oct. 8, you may register in person at the board of elections up until Oct. 23.
  • Oct. 13, Changes of address for General received by this date must be processed.

CLICK HERE for a list of county races and candidates.

A 'tree-mendous' attraction. Draves Arboretum hosts Chamber of Commerce agriculture tour

By Mike Pettinella

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As one of only about three dozen Level 3 arboretums as classified by the industry’s leading accreditation organization, Draves Arboretum – featuring 800 different species over 27 acres on Sharrick Road in Darien – has a significant role in the protection, education and appreciation of trees.

About 30 people who took part in the 31st annual Decision-Maker’s Agriculture Forum sponsored by the Genesee County Chamber of Commerce found that out this morning as they heard a presentation from and were led on a walking tour by Tom Draves, facility president and curator.

Draves, who also has a tree and landscaping business, said he and his family have carefully and meticulously built the arboretum over the past four decades to its status as one of the best in the world.

After forming a board of directors and establishing itself as a not-for-profit corporation, Draves Arboretum earned the Level 3 endorsement in 2019 through The Morton Arboretum’s ArbNet Arboretum Accreditation Program.

“There are hundreds and hundreds of arboretums that they have accredited and there’s only about 35 in the world that are Level 3; it’s a giant hurdle,” Draves said. “With Level 3, you have to do a tremendous amount of education, you have to collaboration with other arboretums … and you have to have documented improvement and scientific research in the betterment of trees and shrubs.”

A member of several New York tree associations -- he’s even patented some species of trees, Draves said he embraces the chance to teach college students, mentioning that Niagara County Community College, Finger Lakes Community College and Alfred State College provides degree and certificate programs that require tree identification courses.

“We have had to introduce new trees to accommodate for the classes,” he said.

Draves said the property had just 40 trees at the beginning.

“We have a piece of property, approximately 27 acres, and where we are standing right now (in the Richards Complex conference center) was a cornfield,” he said. “Every single tree that you see here was planted; the right tree in the right spot.”

He said he was encouraged by colleagues to expand the arboretum, telling him that “there was no collection like this in Western New York and that he needed to take steps to move forward to preserve it …”

Over the years, new components have been added, he said, including a pond patio, The Fairway (shaped like a golf fairway with a bridge), The Sanctuary (along the entrance road), a gazebo, The Pinetum (featuring fir and spruce) and, most recently, the dwarf conifer garden.

Conifers are trees that bear cones and needle-like or scale-like leaves that are typically evergreen.

Just this year, the American Conifer Society designated that section, which has 30 to 40 conifers, as a “reference garden,” Draves said.

About 20 years ago, irrigation was installed throughout the facility – “Every tree can be reached with a 75-foot hose,” Draves said

The arboretum also has accreditation by the Board of Regents of the University of the State of New York, he said, giving it the same credentials as a school or college as an education facility.

“There are very few in New York State that are privately owned – most are an extension of a college or arboretum,” he advised.

He said expansion plans include a granite stone for the front entrance, an iron gate at the front, and a new bathroom facility.

Just prior to leading the tour, Draves reviewed the NYS Inherent Risk Law, warning participants to be aware of a dozen or so hazards on the land – things such as poison ivy, deep ponds, bridges with no handrails and depressions in the ground caused by the animals that also called the arboretum home.

Photo at top: Participants in today's Agriculture Forum sponsored by the Genesee County Chamber of Commerce learn about the spruce tree on a tour conducted by Tom Draves of Draves Arboretum.

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Tom Draves taking a close look at a 'Shiloh Splash' river birch.

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A single-needle fir.

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Cherry blossom.

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Bristlecone pine.

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Sassafras.

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Crossing the bridge.

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A black oak.

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Golden larch.

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Draves explaining the finer points of the honey locust.

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In front of the 'Slender Silhouette' sweetgum tree.

Photos by Mike Pettinella.

NYS COVID Report Card reveals 22 on list of 'new positives' in schools; County to offer telehealth services

By Mike Pettinella

Twenty-two students, teachers and staff at Genesee County school districts are listed as “new positives” as of Tuesday on New York State’s COVID Report Card dashboard.

Of that number, 15 are students, three are teachers and four are staff members, and of the students, five are in the Batavia City School District, four in Le Roy and Oakfield-Alabama and one in Pavilion and Pembroke.

The numbers also include two Elba teachers and one Pavilion teacher, and three Le Roy employees and one O-A employee.

Since Sept. 13, however, per data reported by the individual schools, 174 students, teachers and staff have tested positive for the coronavirus, with 74 of those at Batavia and 50 at Le Roy – the county’s two largest schools.

At Batavia, 69 of those 74 are students, while three are teachers and two are staff members. At Le Roy, 38 of those 50 are students, while one is a teacher and 11 are staff members.

Breaking down those numbers further:

  • From Sept. 22 to Oct. 5, Batavia – 45 students, one teacher, two staff; Le Roy – 24 students, no teachers, 10 staff.
  • From Sept. 29 to Oct. 5, Batavia – 26 students, one teacher, two staff; Le Roy – nine students, no teachers and nine staff.

COVID-19 positives are low at other school districts, with Alexander reporting no cases at all since Sept. 13 and Notre Dame just two – with none in the last 14 or seven days.

Data from other schools is as follows:

  • Byron-Bergen: 15 students, two teachers, one staff since Sept. 13; five students, no teachers, one staff from Sept. 22 through Oct. 5; four students, no teachers, one staff from Sept. 29 through Oct. 5.
  • Elba: No students, two teachers, no staff for all reporting dates.
  • Oakfield-Alabama: 15 students, no teachers, two staff since Sept. 13; 11 students, no teachers, two staff from Sept. 22 through Oct. 5; five students, no teachers, two staff from Sept. 29 through Oct. 5.
  • Pavilion: Three students, one teacher, no staff since Sept. 13; two students, one teachers, no staff from Sept. 22 through Oct. 5; one student, one teacher, no staff from Sept. 29 through Oct. 5.
  • Pembroke: Five students, two teachers, no staff since Sept. 13; three students, two teachers, no staff from Sept. 22 through Oct. 5; two students, two teachers, no staff from Sept. 29 through Oct. 5.

COUNTY OFFERING TELEHEALTH TO SCHOOLS

In an effort to make it easier for school districts to interact with health care professionals, the Genesee County Health Department, as part of its comprehensive COVID testing plan, has set up a contract with Mobile TeleMed LLC of Buffalo to provide in-school telehealth sessions at no charge to school districts through July 2022.

“Schools that want to participate will be able to have a Telehealth cart down at the nurses’ office where students and/or staff come down and engage with varying levels,” Public Health Director Paul Pettit said.

“It could be a lower level, an RN (Registered Nurse), or mid-level, an NP (Nurse Practitioner), PA (Physician’s Assistant) or even a physician, where they can have that engagement in real time, on site, through the Telecart, and they can provide potentially a diagnosis, whether it’s COVID, along with on-site testing. There are a lot of ways they can leverage that relationship right at school.”

Pettit said this program could take the place of parents having to go to the doctor’s office after they get out of work or go to urgent care centers.

“We’re pretty confident that this type of technology will help us to avoid some of those unnecessary visits and allowed it to be taken care of right on site,” he said.

Pettit said Le Roy Central School district is very interested in participating.

 “We need the schools to sign on. We believe that Le Roy is very close. We’ve been working with them and have a couple of carts there.”

Le Roy Superintendent Merritt Holly confirmed that the district is “exploring the possibility and how we can further assist and help our students and families.”

The program is being funded by a grant to the health department, Pettit said, adding that the school district will contract directly with TeleMed, which will handle billing to the students’ family. Parents would need to sign consent forms for their children to access the videoconference technology.

“My hope is that this will be a sustainable access to care beyond COVID,” Pettit said. “Obviously, they (schools) would have to fund it after that point (after July 31, 2022). If the school found value in continuing to have something like this for their staff and their students, they could continue on past our grant funds. They’d already have the relationship and they could continue to use it as a way to engage health care.”

Fees (which will be paid for by the grant for through next July) are as follows:

  • Base pricing per district is $1,200 per cart per month, plus $500 for training and implementation.
  • Small school pricing is set at $2 per district student per month, starting at a minimum cost of $800 per month plus the $500 training and implementation charge.

Pettit said COVID testing is taking place in local schools, with testing kits provided by the county.

The Genesee County Legislature is expected to vote on the contract with Mobile TeleMed at its Oct. 13th meeting.

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Update, Oct. 7, 9 a.m.:

A check of the NYS COVID Report Card this morning reveals that under the Lab Reported category, Alexander Central School District has had an estimated 18 positive cases among students since Sept. 1, 14 from Sept. 23-Oct. 6, nine from Sept. 30-Oct. 6, and one since Oct. 6. Lab Reported numbers and School Reported numbers can vary. As indicated in the story above, Alexander CSD apparently did not report positive cases to the state Department of Health or its report was not received.

An alert neighbor and quick response contain fire on Tracy Avenue to the kitchen

By Mike Pettinella

Story and photos by Alecia Kaus

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Just before noon today, the City of Batavia Fire Department responded to 127 Tracy Ave. for a report of smoke coming from the roof vents of a single-family home after an alert neighbor reported seeing smoke coming from the roof. 

"When we arrived on scene there was some smoke coming out of the roof area, we made entry and found a fire that appeared to originate in the kitchen. Nobody was home at the time," said Interim Chief Dan Herberger.   

The cause of the fire is under investigation.

"We will look for any mechanical issues or stove issues, it definitely started in the kitchen in the stove area," he said.

Herberger said a pet cat died in the fire.

The house is not a total loss, but did suffer a significant amount of smoke damage. 

"It was an oxygen-deprived fire so there was a whole lot of smoke and not a lot of fire," the chief reported.

The fire was contained to the kitchen area which also suffered water damage, no one was injured.

Herberger says at least one person is displaced due to the fire.

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DSS director: No relief in sight from New York State to alleviate county's Medicaid burden

By Mike Pettinella

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Genesee County is on track to spend more than $9 million on Medicaid this year and New York State is doing very little to help alleviate this local obligation, according to the director of the county’s Department of Social Services.

Presenting his departmental review at Monday’s Genesee County Legislature Human Services Committee meeting, David Rumsey (photo above) said the county has little input over the government-financed health insurance program for eligible people.

Approximately 3,000 county residents are on Medicaid, he said, and that number continues to increase.

“The transition of Medicaid administrative functions from the county to the state remains unchanged. There has been no additional movement by the state to take over the Medicaid administrative functions,” he said.

Rumsey also mentioned the inordinate amount of time spent on determining people’s eligibility in light of the required five-year lookback period for chronic care (nursing home) cases.

“The Medicaid assistance programs have the greatest burden to the county, but for which we have little control,” he added, reporting that projected spending by the county for Medicaid in 2021 is $9,052,134.

In his report, Rumsey touched upon other programs and services offered by DSS as well as its budget status.

2021 BUDGET STATUS

Anticipated 20 percent cuts in state aid did not occur, he said, keeping the DSS budget on track for 2021.

“The pandemic continued to bring uncertainty about the projected funding streams and allocations, and it still does,” he said.

Rumsey said he is monitoring state training school expenses since the number of youths currently in detention will need to be budgeted for in 2023 (two-year billing cycle). 

He also reported that required training for new employees hired over the last year was put on hold at the state level.

“The state is currently formulating a plan to move the virtual training back to in-person, but this plan is reliant on the continued safety for the trainees that attend,” he said.

PROGRAMMING

-- Temporary Assistance (Public Assistance): This unit provides cash assistance to individuals or families, with benefits provided based on eligibility and on-going case monitoring.

“The overall monthly caseload is trending downward with a decrease in both Family Assistance and Safety Net,” he said. “There has not been a significant increase in homelessness noted yet.  The eviction moratorium is extended through January 15, 2022 which may change this trend.”

-- Emergency Rental Assistance Program (ERAP):  This was rolled out by the Office of Temporary and Disability Assistance to assist renters and landlords, but the start was “slow and not successful,” Rumsey said.

He said most of the funds went to renters, while assistance to landlords lagged behind.

“A lot of landlords had property damaged,” he said. “Now, they are getting a few more rights.”

-- Fraud: The DSS Fraud Department has been very busy, Rumsey said, with its two investigators following up on Font End Detection System referrals, Intentional Program Violations, prison matches, and allegations of welfare fraud.

-- Child Support: Federal guidelines strive for a minimum collection rate of 80 percent; DSS is at 78.94 percent, well above the state average of 67.20 percent, Rumsey said.

“This unit continues to work to ensure right sized orders are established and appropriate modifications to existing orders is occurring,” he said. “The COVID-19 pandemic caused delays in the operations of this unit as the Child Support Court was temporarily closed.”

Other programs include Home Energy Assistance and Supplemental Nutritional Assistance.

SERVICES

-- Family First: In a move that will save the county money, the state is requiring the local DSS offices to reduce the number of residential placements by 12 percent.

“The Family First initiative is also requiring us to have at least 30 percent of our total foster care population in a certified Kinship (relative) foster home, and we are currently meeting both requirements,” Rumsey reported.

He also said that the Family First Prevention Act reforms federal financing to prioritize family-based foster care, preferably with kin, over residential care by limiting federal reimbursement for certain residential placements.

-- Foster Care: The DSS foster care unit has certified nine new foster homes this year, with three more pending by the end of the year, Rumsey said. Of the nine, three were “kinship” and six were regular foster care. DSS also was able to certify one new cluster foster home, increasing that number to four.

Rumsey said the county saved money this year through a reduction in voluntary agency therapeutic foster care placements and utilizing certified county foster homes.   

-- Preventive Services: Mandated preventive services are provided to assist families and children in meeting their needs and keeping the youth out of foster care placements. Rumsey said that through August, DSS has worked with 222 children with only five being placed outside of the home.

-- Child Protective Services: Through August, DSS has handled 646 cases of suspected child abuse and maltreatment, he said, with investigations taking place within 60 days as mandated by New York State. For September, there were 32 more CPS cases compared to September 2020.

“Moving forward these cases will be harder to determine because there is the movement from needing just credible evidence to having a preponderance of the evidence, which is a higher standard that must be met,” Rumsey advised.

-- Adoptions: DSS assisted in the adoption of four children with expectations that another three will be finalized by the end of the year.  Of the 54 youth in foster care, 10 are freed for adoption, he said.

Rumsey said that 115 children are currently receiving adoption subsidy payments.

The current annual adoption subsidy rates are basic $7,800, special $9,358 and exceptional $12,453.

“The other concern is that once a foster family adopts children, they rarely continue as foster parent resources for other children who are placed,” he said. “Permanency for children often results in shortages of foster parents.”

-- Adult Services: Currently, DSS has 155 Adult Preventive and Protective Services for Adults cases, with 33 of those personal care cases being monitored.

“DSS continues to partner with the Office for the Aging, the District Attorney, the Sheriff and Lifespan in a coordinated Enhanced Multi-Disciplinary Team to work together to assist our elderly Genesee County residents in combating elder abuse and financial exploitation,” he reported.

-- Detention: In 2021, five youths were placed into OCFS State Training Schools, which are very costly to the county, Rumsey said. The current detention rate is $468.17/day.

Photo by Mike Pettinella.

Law and Order: Albion woman accused of assaulting person in Byron with a hammer

By Howard B. Owens

Carrie Anne Clay, 27, of Albion, is charged with burglary 2nd, assault 2nd, criminal mischief 4th. Clay was arrested on a warrant stemming from an incident reported in Byron at 7:28  a.m., Sept. 25, by Deputy Kevin Forsyth and Deputy Rachel Diehl.  It is alleged that Clay attacked another person with a hammer. She was reportedly thrown out of the residence and broke back in and attempted to attack the same person again. The victim sustained minor injuries and declined EMS assistance. Clay was arraigned in Stafford Town Court and held on $5,000 cash bail.

Tamaneeka T. Perez-Smith, 42, of Britton Road, Rochester, is charged with felony driving while impaired by drugs, felony  DWI, resisting arrest, driving without an interlock device, leaving the scene of a property damage accident,  failure to yield to an emergency vehicle, failure to move over for an emergency vehicle, insufficient turn signal, failure to stop at a stop sign, moved from lane unsafely, unlicensed operator. Perez-Smith was allegedly driving erratically on Park Road in the Town of Batavia and fled from a patrol attempting a traffic stop. She was taken into custody by Deputy Nicholas Chamon and issued an appearance ticket.

Mary Grace Vaughan, 25, of Charlesgate Circle, East Amherst, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely.  Vaughan was arrested by Deputy Zachary Hoy after a report at 12:58 a.m., Oct. 2,  that a vehicle had struck a  guard rail on Main Road in Pembroke.

Colleen Beth Gill, 51, of Spring Road, Alexander, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving without an interlock device, aggravated unlicensed operation 2nd, driving to left of pavement markings. Gill was stopped at 6 p.m., Monday, on Main  Street, Alexander, by Deputy Jeremy McClellan.

Daniel W. Knauss, 52, Pavilion, is charged with assault 2nd, obstruction governmental administration 2nd, resisting arrest, and criminal contempt 2nd. Knauss was arrested by State Police in connection with an incident reported at 3:06 p.m., Sept. 29, in the Town of Pavilion. Knauss was ordered held in jail. No further information about the case was released.

 

Developer offers to pay to extend East Avenue as Village of Le Roy residents continue to question housing project

By Mike Pettinella

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The Batavia businessman proposing the development of a 60-unit senior housing complex and eight single-family home building lots in the Village of Le Roy on Monday night offered to pay the lion’s share of the cost to extend East Avenue to make room for those lots.

Toward the end of what turned into a 2 hour and 43 minute public hearing at Memorial Auditorium, Eric Biscaro addressed the need to extend the road – something that Village Mayor Greg Rogers previously had said the village would consider doing.

About 50 people, most of them residents of the East Avenue, Poplar Lane and Orchard Drive area, attended.

Biscaro said he could extend East Avenue by about 1,000 feet to the south for considerably less than the $1 million estimate the village had received, comparing the work to the road he put in at his Clinton Crossings Adult Community development in the Town of Batavia.

Holding a photograph of the road (pictured above), Biscaro said, “The road is perfect and that was put in 15 years ago.”

He pitched the idea of the village contributing $26,000 for stone and gravel plus the time involved in trucking the material toward the construction of the road, which he said would be 24 feet wide. It would extend south to a point where an access road or emergency exit could be carved out on South Avenue, connecting to South Street.

The village board did not make any commitments last night and tabled a couple resolutions on the State Environmental Quality Review that is part of the requirements before the project can progress.

When asked about the village’s stance on paying for the East Avenue extension, Rogers said that news of a potential Payment in Lieu of Taxes agreement between Biscaro and the Genesee County Economic Development Center changes things.

“(With the PILOT) our recapture (of taxes) is a lot less now,” Rogers said. “That one million (dollars) is not on the table at this point.”

Rogers said that no voting on the project – including the rezoning of the 20-acre parcel to the east of East Avenue designated for the senior housing complex – would take place until an agreement on the road extension is reached.

After Biscaro said that “the project can be done without the road,” Rogers countered by restating the village’s position that it wants single-family homes (as well as the rental properties for those 50 and over).

Mark Masse, GCEDC vice president of operations, spoke first at the public hearing to give details about Biscaro’s application for incentives.

He also reported that the county has a need for 1,400 new single-family homes and market rate apartments over the next 20 years “to keep up with the (projected) growth.”

Concerning the tax abatements, Masse said the project qualifies for sales tax (materials) and mortgage tax breaks as well as a PILOT, which would reduce Biscaro’s tax bill on a sliding scale over 20 years.

Specifically, Masse said, Biscaro would be responsible for 10 percent of total taxes (county, village and school) for the first four years, 15 percent for the next three years, 20 percent for the next three years, 50 percent for the next five years and 75 percent for the final five years. The PILOT does not cover taxes and fees for any special districts, such as water and sewer.

When a resident mentioned that the village would be losing out on tax revenue, Masse said completion of the project would bring in more than what the village is receiving now on the vacant land. He also noted that tenants would pay their own water and sewer bills.

Masse said the GCEDC has approved incentives for similar projects, mentioning The Manor House and DePaul Properties in Batavia, with a difference being that those projects did not have to be rezoned.

The Village Board would have to approve rezoning of the land earmarked for the senior apartments from Residential to Planned Unit Development. The single-family home building lots on East Avenue would continue to be zoned Residential, however, Rogers said.

Residents asked questions and offered opinions on several other pressing issues, most notably the project’s impact on traffic, stormwater runoff, property values, tax implications and housing opportunities – basically the same concerns that were expressed during a public hearing on Aug. 18 at Memorial Auditorium.

TRAFFIC IMPLICATIONS

Andrew Kosa, engineer with CPL (Clark Patterson Lee), reported that by using numbers provided through a traffic study conducted by the Le Roy Police Department, that the project would result in twice the number of vehicles on East Avenue and East Main Street during peak morning and afternoon times.

Still, Kosa said, that would not significantly impact traffic flow, stating that East Avenue traffic would continue to be at a satisfactory level.

This prompted a resident to bring up the “dangerous” situation where motorists are unable to see clearly as they move from East Avenue onto East Main Street, and asked if the Village Board could look into this.

STORMWATER RETENTION

A major topic of discussion, Kosa said CPL’s role “is to ensure compliance,” adding that any water discharge from the project has to be equal or less than what is running off now.

Biscaro’s plan includes a retention pond in the northwest quadrant of the 30-duplex layout (see photo below).

LeRoyan James Gomborone, who owns nearby Mercy Grove and Le Roy Country Club, said his property gets considerable runoff now – and frequent flooding when it rains heavily – and said he wasn’t convinced of the stormwater plan’s effectiveness.

Biscaro responded by saying the water will flow to the north “and be considerably less than it is now or the same when it leaves the property.”

“My responsibility (under the law) is for it to come out the same or less (than it is now),” he said.

Kosa also responded to a question about the East Avenue extension, noting that CPL would have to mitigate any water issues or be subject to being fined by the Department of Environmental Conservation.

Biscaro reported that only 18 percent of the 20-acre apartment complex would be comprised of impervious cover, such as pavement, roofing, etc.

It was mentioned that Biscaro would be open to developing additional building lots on the west side of East Avenue. If so, a separate stormwater plan would have to be devised.

ZONING CHANGE

Resident Tom Condidorio contended that any zoning changes would affect home values, and called out the village board for not listening to its taxpayers.

Rogers responded by saying the overarching plan is to “try to grow the tax base so your property values don’t go down.”

It then was mentioned that another resident put in a retention pond in a different part of the village with duplexes and the average sale of homes in that area increased by 28 percent over assessed values.

TAX IMPLICATIONS

Biscaro read from a spreadsheet that breaks down the tax revenue starting with 2022 and going out to 2047.

He said the village is collecting $400 a year and the Le Roy Central School District is collecting $960 a year on the property as it currently stands, but each entity would collect six times that amount in the first year.

In year 10, with the completion of the apartment complex and new home builds, he said the village would receive $61,500 in tax revenue and Le Roy Central School District would earn $147,600.

All told, Biscaro’s projections show the village receiving $1.5 million in taxes and the school district capturing $3.7 million in taxes over the 25 years.

HOUSING OPPORTUNITIES

A LeRoyan said she was in favor of creating residences for those people 50 and over, noting that “Le Roy residents have no place to go.”

She said her father is 76 and “this would be the perfect place for him.”

“This is designed to be for rentals,” she said. “Some people don’t want to own (their homes any longer).”

Biscaro, responding to calls for the project to be moved outside the village, said, “This is a fabulous location. We want to be in a good place.”

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Moving forward, Rogers said the village board will evaluate Biscaro’s proposal to construct the road, with an eye on possibly making a decision at its Oct. 20 meeting.

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Drawing of the 60-unit senior apartment complex, showing the oval-shaped retention pond at upper left, as well as the proposed extention of East Avenue along the left side with eight building lots.

Previously: East Avenue area residents defend their 'jewel' of a neighborhood at public hearing on Le Roy development

Genesee County Veterans Service Agency director seeks qualified person with passion to serve others

By Mike Pettinella

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Over the past nine years, William Joyce has built a reputation as the go-to guy – the person with the knowledge and skill to provide answers and direction to former armed forces members in his role as director of the Genesee County Veterans Service Agency.

Joyce, (photo at right), who served in the Army for 40 years, retiring as a sergeant major following tours of duty in Bosnia, Iraq and Afghanistan, not only assists county residents, but on a regular basis is called upon to help those across New York and in neighboring states.

While he said he’s not retiring as the GCVSA leader in the next few months, Joyce said he is thinking about it and desires to impart some of his wisdom and know-how to a veteran willing to serve the agency in a part-time role.

“I want to teach what I have done – the broadcasting and the networking that I’ve done – to teach he or she what I do,” he said.

Unfortunately, he told the Genesee County Legislature’s Human Services Committee this afternoon that he hasn’t been able to find someone eligible and qualified yet to be his right-hand man or woman.

Joyce, responding to a request for an update on the part-time position from Legislature Chair Rochelle Stein, said he had two applicants but they didn’t meet the qualifications, and he hasn’t had any more applicants since.

“It’s still being advertised, but they’re not knocking down the door to get in,” he said.

The county has put out the call for an assistant since June, County Manager Matt Landers said, adding that the prospective employee must be a veteran and meet other criteria. The 19 ½-hour per week job is in the county’s budget.

“We have a succession plan in place but so far, no luck,” Landers said.

Recently, Joyce was elected president of the Western New York National Cemetery Memorial Council, which is set up to raise funds and solicit donations in support of the cemetery, which is located at Route 77 and Indian Falls Road in the Town of Pembroke.

Joyce said that 638 burials have been performed since the cemetery’s opening last December.

He reported that the council, a nonprofit organization, established the “Avenue of Flags” in which families donate their burial flag of a veteran to be flown at the entrance driveway on 26 flag poles (also donated) from May through Veterans Day each year.

The WNYNC is one of only three VA National Cemeteries authorized for this display, Joyce noted.

“What better honor can you give veterans who are coming in for their last services to have their interment flags of veterans that passed and are buried there?” he said. “It’s an awesome sight and pictures don’t do it justice.”

Joyce reported that the Veterans Service Agency office had 4,464 contacts and provided 5,521 client services over the past year, and completed 136 veterans’ property tax exemptions. He said the latter number is bound to increase due to the returning active duty reservists/guardsmen.

He said the agency’s relationship with the county’s Department of Social Services is working out as DSS referred 58 people to the agency, resulting in 25 veterans and/or widows gaining access to federal benefits from the Department of Veterans Affairs.

“This results in a greater reduction in the cost of local Medicare benefits,” he advised.

In another development, he reported that 48 veterans have graduated from the Veterans Mentorship Program, a restorative justice program for those who have been in trouble with the law.

“If there’s a veteran that has been arrested for drugs, alcohol or driving while intoxicated, they have a choice to attend a special treatment court and they have to go through a program (which lasts up to a year),” he said. “If they graduate successfully, they can come out with a lesser charge than what they originally were charged with.”

He said the program has been very successful as indicated by a large number of graduates who now have become mentors to others.

The agency’s office hours are 8:30 a.m. to 5 p.m. Monday through Friday. For an appointment or more information, call 585-815-7905.

O-A school superintendent hoping for quick resolution to village, town fire protection squabble

By Mike Pettinella

As would be expected, the superintendent of the Oakfield-Alabama Central School District is keeping a close eye on the fire protection dispute between the Village and Town of Oakfield.

“I’m hesitant to throw the District into the mix of this debate. However, I am very concerned about the suggestion of not responding to an emergency call here if it was on our campus,” John Fisgus said today in response to an email from The Batavian.

As reported as part of an update to a story on Sept. 28, Sean Downing, chief of the Oakfield Volunteer Fire Department, indicated that the fire company has been in contact with its attorney regarding the situation.

Downing said that if the disagreement over money that Village Mayor David Boyle said is owed by the town isn’t settled by a Nov. 30 deadline, the fire department, “by written order of the mayor or the board of trustees of the Village of Oakfield, we will not be able to respond into the town, which includes the elementary and the high school.”

Contacted today by telephone, Boyle said he has not heard recently from anyone representing the Town of Oakfield – neither Supervisor Matt Martin or the town’s attorney. Martin has indicated that the matter has been turned over to the town’s lawyer.

Previously, Boyle said the village is suing the town in an attempt to secure $78,648 that was charged to the town for fire protection provided by the village during the 2020-21 fiscal year. The village also said it would withhold fire protection from the town if the bill isn’t paid by Nov. 30.

The village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street, Boyle said.

Fisgus concluded his brief statement with words that likely mirror what Oakfield village and town residents are thinking:

“I hope there is a resolution soon and both the town and village can come to an agreement,” he said.

Previously: Village of Oakfield threatens lawsuit, withholding fire protection over payment dispute with Town of Oakfield

NYS AG reports that Genesee County is in line for up to $1 million in opioid settlement funding

By Mike Pettinella

Genesee County could receive around $1 million to battle the opioid epidemic in funding from New York State’s legal settlement with various manufacturers and distributors which have been deemed responsible for perpetuating the opioid crisis.

Attorney General Letitia James announced today that she will be embarking upon a “HealNY’ tour to dole out up to $1.5 billion to all regions of the state. All 62 counties in New York will receive funds from the settlements.

CLICK HERE for today’s press release from James’ office.

Genesee County Manager Matt Landers reacted to the news that the county is in line to get anywhere from $597,359.78 to $1,043,594.62.

“We will be meeting internally and with related agencies to better understand where we should put those monies and what limitations there are to those monies, so hopefully we will have a plan relatively soon,” he said. “It’s quite a large range so, until we know better what the exact amount is, that is going to drive what we want to fund.”

Landers said he will set up meetings with stakeholders such as Genesee County Mental Health and Genesee/Orleans Council on Alcoholism and Substance Abuse, Genesee & Orleans Public Health and law enforcement “to set up a game plan where we can get the most bang for the buck.”

He also noted that the Genesee-Orleans-Wyoming Opioid Task Force already is receiving some grant money but suggested that this new influx of funding could be used to keep that initiative going for a longer period of time.

Per James’ press release, the Finger Lakes Region is expected to receive between $28,886,077.70 and $52,744,110.35 with other GLOW Region counties set to receive as follows:

  • Livingston County: $570,600.77-$996,846.31;
  • Orleans County: $347,049.64–$606,299.83;
  • Wyoming County: $346,041.37–$604,538.38.

ND loses 14-6 at Geneseo/Mount Morris; Fanara, Fitzpatrick connect for 46-yard TD

By Mike Pettinella

Quarterback Ryan Whitney ran for one touchdown and passed for another Friday night to lead Geneseo/Mount Morris to a 14-6 victory over visiting Notre Dame in Section V varsity football action.

The 6-2, 190-pound junior opened the scoring with a 9-yard scamper on a first-and-goal play late in the first quarter and then found junior wide receiver Eghosa Okpefe in the end zone for the two-point conversion to make it 8-0.

The Blue Devils, 3-2, upped their lead to 14-0 with just 16 seconds remaining in the half when Whitney launched a deep pass that was on the money to Okpefe, who had raced behind the secondary and sprinted untouched into the end zone. A pass for the two-point conversion fell incomplete.

Notre Dame, 1-4, had the ball in Geneseo/Mount Morris territory throughout the opening half but three potential scoring drives were thwarted by an interception by lineman Giovanni Provo, Fighting Irish quarterback Jimmy Fanara being stopped just short of a first down at the 20-yard line and a dropped pass around the 10-yard line.

The Fighting Irish offense broke a nine-quarter scoring drought late in the third period when, on a first-and-10 play at the Geneseo/Mount Morris 46, Fanara connected with sophomore wide receiver Ryan Fitzpatrick for a touchdown.

Fitzpatrick hauled in the pass, put a fake on the defender around the 20-yard line and beat the defense to the end zone. A run for the two-point conversion was unsuccessful.

Notre Dame got the ball back right away when Jay Antinore intercepted a Whitney pass at midfield.

A 25-yard run by Evan Cummings moved the ball to the Geneseo/Mount Morris 30, but a holding penalty negated another nice gain by Cummings, and the drive stalled.

Cummings came up with interceptions on consecutive Blue Devils’ possessions to start the fourth quarter – the second one giving ND the ball at the home team’s 39.

On offense, Cummings picked up 13 yards on three runs before Geneseo/Mount Morris’ defense stiffened. Two incompletions and a short gain on fourth-and-20 turned the ball over the Blue Devils, who – with Whitney carrying the load – ran out the clock.

Whitney ran the ball 24 times for 80 yards and completed six of 19 passes for 127 yards, one TD and three interceptions. Okpefe had three receptions for 90 yards and the touchdown.

For the Irish, Cummings rushed for 56 yards on 11 carries and Fanara gained 60 yards on eight attempts, including a 40-yard scamper late in the first quarter. Fanara was 6-for-21 passing for 68 yards and a TD.

On defense, Camden King recovered a muffed punt.

The Irish will host Alexander at 1 p.m. Saturday as part of the school’s Homecoming.

Activities include a “celebration of life” in honor of the late Ricky Mancuso Jr. (Class of 2005) at noon, prayer service led by Walter Szczesny (Class of 1976), halftime ceremony renaming the football field in honor of the late coach Bill Sutherland and a reception hosted by the Sutherland family at T.F. Brown’s Restaurant following the game.

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