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France-based equity firm acquires portion of Empire Access

By Howard B. Owens

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A publically traded private equity firm based in France has acquired a portion of Empire Access, a Prattsburgh-based broadband company that provides Internet and TV service to several WNY communities, including Batavia and Le Roy.

It's unclear from the news release how much of a stake in the company Antin Infrastructure Partners acquired.

The release stated that the Wagner family, which has controlled Empire since 1946, will retain an ownership stake in the company and Brian Wagner will remain on the company’s board of directors. Jim Baase, Empire’s COO, will become CEO.

Antin's stock is traded in the European Union and the company reported more than $48 million in revenue last year and has more than $23 billion in assets.

Founded in 1896 in Prattsburgh, New York, Empire offers high-speed FTTP ("fiber to the premises") internet, voice, and digital TV services.

The company reportedly manages a network of 1,280 fiber route miles servicing more than 92,000 addresses and 24,000 customers.

Financial details of the transaction were not disclosed. The transaction is expected to close in late 2022, subject to obtaining regulatory approvals.

“Empire is one of the preeminent FTTP providers in the regions we serve and the Empire-Antin partnership will enable us to grow more quickly," said Baase, quoted in the release. "With still a substantial opportunity ahead, we are excited to partner with Antin to help secure that future growth and provide high-speed broadband access to consumers across our footprint.”

Kevin Genieser, Senior Partner at Antin, promised growth for Empire with his company's investment. 

"Empire is uniquely positioned to leverage its expansive fiber network to provide broadband services to underserved parts of New York and Pennsylvania," Genieser said.

Citizens, CIT (a division of First Citizens Bank), and Webster Bank acted as lead arrangers on the debt financing for the transaction.

Batavia City Schools budget presentation, board candidates on agenda

By Joanne Beck

As much as Michelle Humes would have liked a zero percent tax increase, she also realizes what comes first.

“We have to keep in mind that our students are the priority,” said Humes, a Batavia City Schools board member. “The approved budget keeps all of our existing programs intact while recognizing that there are ongoing financial challenges due to the rising costs our country is facing.”

She is a city homeowner who is also facing rising assessments and cost of living hikes, she said, but she voted for the proposed $54.8 million budget and related 1 percent tax levy increase as a good move for district residents. Echoing what other board  members have said, the decision was not an easy one, Humes said.

“We spent many hours reviewing the budget and working with Superintendent Jason Smith and Business Administrator Scott Rozanski analyzing the numbers. I voted to approve the budget because of the hard work of Mr. Smith and Mr. Rozanski in getting the increase down to 1 percent,” she said. I feel that a 1 percent increase after having a zero percent increase in five out of the last 10 years is a win for the community, especially since it is still below our tax cap of 1.62 percent. I fully support our BOE decision to approve this budget.’ 

Given that the preliminary budget had a 5.5 percent levy increase to support it, Humes and fellow board members have expressed relief that it’s now down to 1 percent. That is not only a win for the community, Humes said, but “most importantly for our students.”

District residents will have an opportunity to hear the budget presentation and ask questions at 6 p.m. Thursday in the Superintendent’s Conference Room at Batavia High School, 260 State St., Batavia. Those wanting to speak do not need to have signed up before the meeting date.

There will also be time to meet Board of Education candidates Korrine Anderson, a newcomer vying for one of three seats; and incumbents John Marucci and Chezeray Rolle. Board member Michelle Humes is not seeking re-election.

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Korrine Anderson, center, in a photo used in her election materials. 

A Le Roy High School graduate, Anderson has a bachelors in science from Elmira College, is a health and wellness coach and is ready “to give back in another way” besides volunteering for parent groups throughout her children’s time in elementary and middle schools, she says. She and her husband Michael have three children, Zachary, Aidan and Ava.

“I know what it involves to be an effective member. I am looking to be a part of this side of the education system,” she said in the district’s newsletter. “I think it’s a great opportunity for me to learn and share more of what the school board does to the parents and neighbors and community I know. I am so ready to serve.”

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John Marucci. Photo from BCSD Board of Education page

Marucci is currently the board vice president, having served three years, and has “thoroughly enjoyed serving the students, parents and staff of the BCSD,” he said in the newsletter. Marucci’s son Kaden is a senior and Damien a freshman, while two older step-sons are graduates of Batavia High School. A customer service rep with Orcon Industries, he would like to continue serving students as a member of the board, and he believes “we have some unfinished business.”

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Chezeray Rolle. Photo from BCSD Board of Education page.

A BHS graduate, Rolle left Batavia to serve in the U.S. Army, which is when he met his wife Bianca. They have three children who are now “walking the same halls that I once did,” Rolle says.

“I love being a voice and serving the people of this community that I live with,” he said in the newsletter. “It will be a great honor to be one of the candidates chosen to sit and make discussions (SIC) on behalf of the citizens of Batavia.”

The agenda includes a counseling plan presentation by counselor Sherry Crumity, a vote on dedicating and naming the high school auditorium for former music director Frank Owen, and a board discussion about the public speaking policy to sign up by 1 p.m. the Friday prior to a Thursday board meeting.

A Vietnam vet's journey brought him to Batavia and a better life at Liberty Square

By Howard B. Owens

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Eagle Star housing is "in the business of saving lives," Dennis Mahoney told the dignitaries and residents gathered Tuesday morning for the Liberty Square ribbon-cutting ceremony in Batavia.

Mahoney, a Vietnam veteran with PTSD and traumatic brain injury, said he isn't sure he would have made it without the assistance of Eagle Star.

His path to Liberty Square started with getting admitted to the PTSD program at the VA in Batavia.

"Getting there was a journey that took me decades," Mahoney said. "I was a great Marine but a horrible civilian. I didn't make the transition too well, but I also said the country didn't treat us too good coming home. That's been turned around greatly. Now I'm proud to be a veteran, proud to have served my country and served as well."

Mahoney's rocky journey after the war included a few encounters with law enforcement, he said.

"I was a mess when I came home," he said. "I'm not gonna use that as an excuse. Not all veterans did that. But I got myself together. And I wanted to make a life for myself. And I found that very difficult. I went from a hotel in Upstate New York with the intention of taking my life."

That attempt got him to a veterans hospital in Montrose, then transferred to Bath, and then Batavia.

Treatment in Batavia, he said, "literally saved my life."

But that wasn't the end of the journey.

"I had no idea what I was going to do," Mahoney said. "After I got out of treatment, I was totally lost. Eagle Star housing had something waiting for me (in Pembroke) where I could ground myself and look for a place to live. That was very difficult. I had no history. I had no way of marketing myself. My only talents were what I learned in the Marine Corps, so not very marketable."

Eagle Star's house in Pembroke is meant to be temporary assistance, but Mahoney held on until Liberty Square became available.

Now Mahoney has safety and security and he's also found a purpose in life.  He attends City Church, where he volunteers to help people with disabilities get to church and helps with food distribution.

He is grateful he found Batavia, he said.

"It's a great community. I found a life here. I've found things that I was able to do and I can give back to the community."

He credits Eagle Star and Liberty Square with rounding out a long and difficult journey to a better life.

"So many veterans with PTSD aren't making it every day," he said. "This facility, if we could replicate this all over the country, we would help veterans stay alive, not only prosper and find employment, but find a home that's affordable."

See also: Liberty Square apartments a 'much-needed' addition to Batavia

Photo by Howard Owens

Liberty Square apartments a 'much-needed' addition to Batavia

By Howard B. Owens

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The ribbon is cut, but Liberty Square, 554 East Main St., Batavia,  has been serving as a residence for as many as 28 veterans since December, and for Zach Fuller, executive director of Eagle Star Housing, that is "mission accomplished."

"Our mission is getting veterans back on their feet back into the community and interacting with the community," Fuller said.

Liberty Square is a collaborative project between Home Leasing, LLC, based in Rochester, and Eagle Star, with financial assistance from the State of New York through Homes and Community Renewal.

"We started the program for transitional 60-day programs, but we knew that if the veteran didn't have anywhere really to go from a transitional housing situation they would face difficulty and not have support services," Fuller said. "Working with New York State and the governor's office and HCR, where they came out with a program a few years ago with a housing-first model that allows us to get our veterans into safe housing. From here we're able to provide support services for them 24/7. We provide them with apartment furniture, any type of toiletries, and day-to-day needs they have. We're here to help them. We're trying to do everything we can to keep them on their progress path back to stability and back into civilian life."

The complex cost $12 million and includes 39 additional one-bedroom apartments, and eight two-bedrooms targeting people with a household income of 60 percent of the area's median income.

City Council President Eugene Jankowski said the complex is a welcome addition to Batavia.

"Every study that the City and the County has done since 2010 has identified housing as one of our main needs," Jankowski said. "I realized what projects of this magnitude require. It's a lot of work by a lot of people. I was talking to Zach earlier and he said when this project started, his son was a newborn. And now he's five years old. So it goes to show you how long and how much perseverance it takes to get a project like this off the ground."

That perseverance is paying off, he said, because "for our veterans and those who qualify, these apartments are going to be a much-needed addition to the city. They're going to provide a safe and comfortable space to call home."

Photos by Howard Owens

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Zach Fuller.

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A plaque in the rec room will honor Bill Mosman, the late owner of Mosman Paint, which stood on one of the properties now occupied by Liberty Square for more than six decades. Mosman served in the Navy during World War II.

Local leaders and developer celebrate groundbreaking for 'affordable' Ellicott Station in Batavia

By Joanne Beck

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Switching gears from the fast track to market-rate housing, businessman Sam Savarino now believes that Batavia — more specifically Ellicott Station — is more about being affordable.

“It’s difficult for people to afford housing, and then there’s a shortage of quality, affordable housing,” Savarino said to The Batavian after the ceremonial groundbreaking of Ellicott Station Tuesday. “In any event, the market study showed that there was a top end of the market that people could afford to pay in this area, otherwise, it wouldn’t be successful.”

Savarino, of Savarino Companies, was joined by City of Batavia and Genesee County leaders to pitch some dirt as a symbolic gesture for the beginning phase of a 3.31-acre mixed-use redevelopment project of vacant and abandoned industrial brownfield land downtown.

Abatement, demolition of two dilapidated buildings, land remediation, reconstruction of public storm drainage infrastructure, and construction of a 55-unit apartment building is on the way toward a summer 2023 completion. The site is to also offer adaptive reuse of the building to be used as a brewery, restaurant and/or events facility, plus improvements made to a public ‘Rails to Trails’ walking trail.

The total project cost is $20.7 million for 74,000 gross square feet, four stories, 55 units, 52 balcony units, nine units meeting Americans with Disabilities Act requirements, 37 garage parking spaces and 44 surface parking spaces, built-in laundry facility, an elevator, community room, bicycle storage and an enclosed ADA playground.

Another portion has a $4.2 million price tag and includes 11,285 square feet, 5,000 of which are for an outdoor landscaped beer garden, 25 dedicated surface parking spaces and rear access with loading dock and storage areas.

Savarino wants to build housing for people that can and will use it. And the state will help out “to close the gap” by providing housing tax credits and financing for such housing projects, he said.

“So, in return, they’re going to expect you to make sure that those rents are — remain — at that affordable rate if you don’t take advantage of what they offer,” he said.

Otherwise defined as “workforce housing,” with one and two-bedroom units, the Ellicott Street complex will most likely attract people earning about $20 an hour or below, he said. Ellicott Station should be affordable to them, he said.

“The idea being that nobody should be expected to pay more than a third of their income for occupancy that includes rent, or a mortgage, and their utilities,” he said. Part of the idea was if you’re creating jobs here, you want to have safe, modern quality housing for those workers that they can afford.”

The project is part of Batavia’s Downtown Revitalization initiative and is located within a state-designated Brownfield Opportunity Area, which requires abatements and remediation from prior use of toxic materials on the property.

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Top photo: Local government leaders literally pitch in to celebrate the groundbreaking of Ellicott Station with project owner Sam Savarino, shown in second photo; and Genesee County Economic Development Center Executive Director Steve Hyde and above, Batavia City Council President Eugene Jankowski say a few words in praise of the development. Photos by Howard Owens. Renderings courtesy Savarino Construction.

Mother’s Day event an opportunity for crafts, baked treats and art appreciation

By Joanne Beck

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Jim Stucko recalls when he was going to bed at night and his father would head for the kitchen. The elder Stucko was going to prepare a few batches of his winning rye bread recipe so he could bake it and take to some friends in the morning. 

Not only was Stucko, a former Elba resident, a talented sculptor and artist, but he was also “an amazing cook,” his son said.

“I miss the guy a lot. Every time I cook something I think of the conversations we had in the kitchen,” Jim said during an interview Tuesday with The Batavian. “My parents rocked this world.”

Art pieces from John and wife Sophie Stucko’s collections will be on display with late artists Patricia Burr and Eunice Hare Murphy for a first-ever Mother’s Day Craft Sale and Basket Raffle 10 a.m. to 3 p.m. Saturday at the Elba Firemen's Recreation Hall, Route 98, Elba. The event is being organized and hosted by Elba Betterment Committee. 

“The whole thing is part of the grant we received from GO Art! for our project: Elba Betterment Committee presents Art Around Town. The idea for including our local artists actually came from one of our members, Kelly Dudley, who has always wanted to do this sort of thing at The Mill in Elba,” EBC President Pauli Miano said. “After contacting families, three were willing and excited to share their loved ones’ talent with us.”

The artist pieces will be on display in the Rec Hall. Burr and Murphy were art teachers at Elba Central School, and all three artists shared their work in the community by donating pieces to the school, churches and other organizations, Miano said. 

The Stucko couple collaborated on a lot of projects, Jim said. John would make wood cabinets and Sophie’s handmade stained glass would adorn the doors. She was from Batavia and John from Albion, and after they married they purchased a home in Elba, Jim said. His parents were avid outdoors lovers, and his dad memorialized various species of birds and fish in a painstaking fashion. 

“The birds were carved, the feathers were burnt into the wood for texture, and then he painted them. I bet he’s got 100 hours into the painting,” Jim said. “It wasn’t a job; it was a labor of love. He would stay in his shop painting, and if he didn’t like it, he would paint it again.”

He remembers his dad scouring books for just the right species of bird, and fine-tuning the colors and textures of each piece. His work grew so popular that people would offer to commission him for particular projects, though John rebuffed them. He preferred to create exactly what he wanted, and not necessarily what others had in mind, Jim said. Quite possibly the artist was a perfectionist, and it showed in his work. 

One of his last pieces was a pileated woodpecker for someone he connected with over a love of the outdoors and birds. 

“It was absolutely mind-blowing,” Jim said. “He was highly skilled in many venues, and he was a people person. Until we started to go through photos, I never realized how much my dad smiled.”

Jim chuckled as the thought about his folks’ resolve to remain strong — or strong-willed in some cases — throughout their busy lives. John Stucko was active with his craft, which included gourd carvings, until he died in 2019 at 89. Sophie died a few years prior in 2017 and was 83.

There will be 25 vendor tables featuring hand-crafted items and food. The committee wanted to ensure there wouldn’t be a lot of duplicated items, so each vendor is to be selling a particular craft. They range from wood signs and handmade purses to floral arrangements, ornaments and, for the sweet tooth, a bakery section with cookies, cakes and cannolis, Miano said. 

The committee will also be serving food to purchase, and the first 50 Moms will receive a free carnation. Genesee County Sheriff’s Office staff will also be on hand with photo and fingerprint equipment for families that request it for their children.

Eunice Hare Murphy was a 1948 Elba Central School graduate. She then completed her degree in Art Education at Skidmore College in Saratoga Springs.  She completed her MS in Elementary Education from SUNY Brockport. Her first teaching job was for the West Bloomfield School District.  Her family shared that she drove her small Chevy with a standard transmission back and forth from Genesee County every day.  

Over the years, “Eunie”, as she was known to her friends and family, taught art at Byron Bergen Central School, and finished her distinguished career as an educator at Elba Central.  She taught classes in Art, Crafts and Photography.  Eunice was a member of the Writer’s Guild in the 1970s and even tried her hand at poetry.

Eunice loved gardening, and with the help of a variety of rocks and different plants, enjoyed making clever and, at times, eccentric gardens. While teaching at Elba she was the yearbook advisor, and helped to develop the Variety Show which ran for years afterward as a fundraiser for the yearbook. Eunice lost her four-year battle with cancer in 1988 at the age of 57.

Patricia Burr’s enthusiasm for painting is evident in a collection of 14 sketchbooks, each with memories of the places and people she visited during vacations, workshops, and even in study hall at Elba Central School. Along with pencil and ink sketches is a drawing rendered in brown eyebrow pencil while in the dark at Kleinhans Music Hall without a pen.

Her minivan didn’t leave her home without “the art stuff,” just in case she would find an interesting scene. This could be while waiting for the doctor or dentist, or even during time-outs during jury duty; that was the time for her sketchbook.

Burr’s philosophy was to “make a drawing because you gain much more information by observing the subject than you do when you simply snap a photo.” Scribble a few color notes, date and time of day, weather alongside the sketch to help when planning to paint later in the studio, she said.
Burr was inspired by fellow painters Margaret M. Martin, Franklin Jones and Don Getz. Her education included Albright Art School, Buffalo State College, University of Buffalo and Rochester Institute of Technology.

Active all of her life, Burr died at age 96 in 2014. 

For more information, go to: https://www.facebook.com/elbabetterment/

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Top photo: A duck sculpture by the late artist John Stucko, and several artworks by Stucko and artists Patricia Burr and Eunice Hare Murphy to be on display at the Mother's Day Craft Show and Basket Sale from 10 a.m. to 3 p.m. Saturday at Elba Firemen's Recreation Hall on Route 98, Elba. Photos by Howard Owens.

Medication-assisted-treatment has many names, but one goal: To save lives of those in recovery

By Mike Pettinella

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No matter what term is used – and there are several of them, the practice of combining medication and treatment for people struggling with substance use disorder has a singular goal: Saving lives.

“Medication-Assisted-Treatment – or MAT – is an evidence-based program that has been shown to make a positive difference in saving lives for persons with an opiate use disorder. And it's considered the gold standard for treatment of opiate use disorder,” said Ann Bowback, clinical director at Spectrum Health & Human Services in Warsaw.

Bowback is the project director for the Partnership to Address Opioid Epidemic and Save Lives in Western New York Through Medication-Assisted-Treatment, a program funded by the federal Substance Abuse and Mental Health Services Administration.

Speaking at the GOW Opioid Task Force quarterly meeting recently, she explained that her program, in collaboration with Evergreen Health, is looking to increase the number of persons receiving MAT within the Spectrum agencies by at least 200 per year.

“We work to link people with a prescriber the same day, if possible, but at the latest within 72 hours of their initial visit with us,” she said. "We also will add two additional data waiver subscribers per year in order to meet the needs of these additional 200 people. And with this grant, our goal is to ensure that all the MAT clients are offered peer services (recovery advocates) within 60 days of admission.”

Other speakers at the meeting, which took place at The Recovery Station on Clinton Street Road and provided access via Zoom videoconferencing, were Melissa Weingarten, Wyoming County Jail nurse, and Kathy Hodgins, chief clinical officer at Genesee/Orleans Council on Alcoholism and Substance Abuse.

Bowback said most substance use disorder providers along with jails and prisons are taking a “whole patient approach” to treatment.

“MAT is more than just medication,” she said. “For some members of the recovery community, including our Evergreen partner, they refer to this as MAR – medication-assisted-recovery. This can be a referred term for some people because it emphasizes a person's commitment to recovery while using medications, and they may or may not be involved with treatment.”

She also said it can be referred to as MOUD (medications for opioid use disorder), which zeroes in on the importance of medication and addressing opiate use, and also as OTP (opioid treatment program) or OBOD (office based opiate treatment).

“PWUD stands for people who use drugs as we’re ideally trying to get away from some of the stigmatizing language like addicts and things like that,” she added. “OUD stands for opiate use disorder and OTP is where you would get medication such as methadone.”

Currently, the Food & Drug Administration has approved three medications for treatment of opiate use disorder -- methadone, naltrexone and buprenorphine, Bowback said.

“All medications work a little differently, but all basically normalize brain chemistry in order to reduce cravings and withdrawal symptoms,” she noted. “Methadone was first used in 1947 to treat opioid addiction and critics complained at that time that methadone merely exchanged one drug for another which led to strict government control over methadone, and that continues today.

“Now, in order to receive methadone for an opiate use disorder, you have to obtain it from an OTP. And although methadone is very effective, some individuals are hesitant to take this medication.”

Bowback said Spectrum offers naltrexone (brand name, Vivitrol), which was approved to treat opiate use disorder in 2010.

“The extended-release formulation is generally preferred for the treatment of opiate use disorder,” she said. “But some individuals do still prefer the pill form. Our prescribers will typically start a person on the pill form prior to prescribing the injection just to ensure the person is able to tolerate it. In order to receive this medication, though, the person cannot have opiates in their system; otherwise, they'll experience withdrawal. So, you must be abstinent for at least seven days.”

Spectrum also offers buprenorphine (also known as suboxone) for MAT, she said. In the 60s, buprenorphine was developed for treatment of pain and approved for treatment of opiate use disorder in 2002.

“Unlike methadone, a person almost immediately receives a seven-day script and within a very short time is able to receive a script for 28 days, which results in less daily disruption to lifestyles,” she advised. “You don't have to be present at a clinic daily … and you don't have to be abstinent for seven days in order to receive the medication.”

Medications reduce withdrawal and cravings and, as a result, decreases the use of illicit drugs and overdose, stabilizes the brain and “most of all, saves lives,” Bowback said.

“It also socially decreases criminal activity and reduces risk of transmission of communicable diseases, reduces risky sexual activity, and increases engagement with treatment.”

MAT is at the core of services at GCASA, which offers an integrated treatment and OTP clinic at its main location in Batavia as well as clinical services at its Orleans County location in Albion, Hodgins said.

“When I started at GCASA in 2002, we were already doing medication-assisted-treatment with alcohol, using naltrexone to treat alcohol dependence,” she said. “And then shortly after, we did start using buprenorphine -- suboxone for opiate use disorder individuals that came in.”

Hodgins said GCASA counselors and medical professionals treat medication for substance use disorder “similar to any kind of medication that you take.”

“So, those on medication are definitely in recovery – it just assists with the recovery. And it really does help reduce the cravings and the physical withdrawal.”

Weingarten shared that Wyoming County Jail started its MAT program in early 2020, offering suboxone and naltrexone.

“We provide medication to those who have been on MAT programs in the community, as long as we can verify that they’ve been in treatment and continued to get it,” she said.

She also mentioned that Gov. Kathy Hochul signed legislation that requires all prisons and jails, beginning in October, to provide MAT to inmates.

“So, we've started that way before she's required it,” she said, adding that the jail program includes individual and group counseling – and connection to peer recovery advocates.

Hodgins said “it just makes sense” to keep incarcerated people on medication, especially considering the rising overdose rates. GCASA provides services to inmates in six jails or prisons, including Genesee, Orleans, Albion, Groveland, Wyoming and Attica.

“Our common goal in our community is to save lives and I’m grateful that the state is on board with that,” she said. “I believe the best way to proceed is to start with a thorough assessment while they’re in jail and getting them on the right medication prior to release. That is how we’re going to save additional lives in our community.”

Photo: Melissa Weingarten, right, Wyoming County Jail nurse, makes a point as Kathy Hodgins, chief clinical officer at Genesee/Orleans Council on Alcoholism and Substance Abuse, during the GOW Opioid Task Force meeting at The Recovery Station on Clinton Street Road. Submitted photo.

Disclosure: Mike Pettinella is the publicist for GCASA.

Mercy Flight continues constant search for a few good men and women to fill its ranks

By Howard B. Owens

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Recruitment and retention continue to be the biggest challenge for Mercy Flight Inc., especially in its ground operations in Genesee County, Mercy EMS, said Scott P. Wooton, executive VP and treasurer of the Buffalo-based non-profit.

On Monday, Wooton delivered the agency's annual report to the Human Services Committee of the County Legislature.

It's a competitive job environment with record-low unemployment in the region and rising wages throughout the nation, and not as many young people are choosing an EMT career path, he said.

"As wages continue to rise in part-time and even entry-level positions in other industries, it's imperative that the EMS system is able to continue to offer competitive wages and benefits for long-term sustainability," Wooton said.

It's difficult to remain competitive, Wooton said, when the Federal government is not increasing Medicare and Medicaid reimbursements to keep up with rising expenses.

"The stress on the EMS system as a whole could approach a breaking point," he said. "This is almost verbatim what we had in our report last year. It continues to be the number one challenge in EMS."

The pandemic has also made recruitment and retention more of a challenge.

"We feel that there may be folks who are choosing other occupations as opposed to one which will put them in the way of this virus and other such situations," Wooton said. 

Mercy Flight recently gave its employees an across-the-board 5.9 percent raise, he told the committee.

"We intend to continue to champion the courageous men and women who do choose EMS as their way of life, and will lead the charge ensuring that they're adequately compensated for their service," Wooton said.

As for numbers for the fiscal year, Mercy Flight was called upon 209 times in Genesee County. Of those, 123 resulted in patient transports. There were 72 of those 209 calls for service canceled by the requesting agency and 14 canceled due to weather.  

For Mercy EMS, there were more than 10,000 calls for service resulting in more than 7,000 patient contacts. Those contacts included both transports and lift assists.

"These figures are down about five percent as compared to pre-COVID numbers," Wooton said. "We feel that essentially, some patients would rather choose to delay care at times, especially during the pandemic, rather than having our service coming and assist them. Certainly, we tried to make it a point of public information that's not the right thing to do. When you need an ambulance, when you feel you need an ambulance, certainly you need to call and at the very least let our first responders give you sort of a checkout and see what your condition is."

The pandemic has also hampered community outreach, Wooton said. There have been fewer safety training classes and events, fewer ground training sessions for firefighters, fewer career days, and fewer DWI drills at high schools.

"Those are very impactful, and we were able to fit in a few in the previous fiscal year," he said. "All were canceled the year before. We're looking forward to getting back and doing those again, as well as our participation in various third-party open houses in recruitment demonstrations."

Wooton also addressed the recent fatal accident in Elba that claimed the life of Mercy Flight Pilot James Sauer.

"This is the first time that this has ever happened, and God willing, the last time that it will ever happen that we've lost one of our own in the line of duty," Wooton said. 

He had just come to the meeting from Sauer's funeral in Churchville.

See alsoMercy Flight pilot killed in Elba crash on Tuesday lauded as 'top-class human'

He said Mercy Flight voluntarily grounded its aircraft out of an "overabundance of caution and safety" following the accident, and Mercy Flight Central has been filling in for emergency ambulance service.

"We suspended all of our flights not only just to ensure that we're able to ensure the mechanical functioning of our helicopters, but also to give our providers time to process and integrate."

Mercy Flight tentatively plans to return to normal operations on Thursday, he said.

Photo above: Scott P. Wooton presents Mercy Flight's annual report to Genesee County Legislature's Human Services Committee Monday. Photo by Howard Owens.

Mercy Flight pilot killed in Elba crash on Tuesday lauded as 'top-class human'

By Howard B. Owens

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James Sauer, the Mercy Flight pilot who died Tuesday when the Bell 429 he was flying crashed just off Norton Road in Elba, was laid to rest today following a funeral service at Open Door Baptist in Chili.

Hundreds of first responders from throughout Western New York attended the service.

The 60-year-old husband, father, and grandfather lived in Churchville. He retired from the New York Army National Guard after 40 years in 2020. During his career Sauer also worked as a Rochester police officer, from 1993 to 2001, and for 17 years as a pilot for the State Police, retiring in 2021.  He also worked for a time with the Holley Police Department.

He joined Mercy Flight in October 2020.

"Mercy Flight was his retirement job," said Scott P. Wooton, executive VP and treasurer of Mercy Flight Inc., during an emotional statement this afternoon at the Genesee County Legislatiure's Human Services Committee meeting. "He joined Mercy Flight out of a wish to continue to serve his community with his special skills.

"Not only was he an outstanding aviator, a top-class aviator, absolutely, but he was a top-class individual as well, a top-class human. He was a man who loved his family, loved his friends. And he's gonna be greatly missed."

Photos by Howard Owens, except inset photo (social media photo) and second photo.

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 Press pool photo courtesy Democrat and Chronicle.

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Batavia icon leaves community with fond memories, significant impact, from her work

By Joanne Beck

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When it came to words and action, Catherine Roth respected each for its place in society.

Whether her efforts were for guidance of youth, beautification of a landscape, advocacy of a historical landmark or to correct the label of a piece of Batavia architecture, Roth’s head and heart were in the right place. When it came to doing any actual physical work on a project, Roth was there too, pitching in to help.

She had deep convictions and stood up for what was right, said the Rev. Roula Alkhouri of Batavia’s First Presbyterian Church.

“Catherine was a very strong and yet compassionate woman. She cared about the common good … and preserving the history and character of Batavia,” Alkhouri said Friday to The Batavian.  “Catherine always spoke her mind but was also willing to listen to other points of view. She was ahead of her time on many social issues. She took history very seriously and often taught us about the Civil War and the history of Batavia and Western New York. Catherine experienced a lot of loss in her life but stayed strong and resilient. In fact, her losses often motivated her for action and for advocacy.”

Roth died this week while residing at an assisted living facility in Albany. As one of triplet sisters, the Batavia native made her mark here in many ways, from swimming lessons and advocacy of historical treasures to board participation and planting flowers. Roth had a hand in many projects and organizations throughout Genesee County. 

She was behind the effort to secure the listing of First Presbyterian and Batavia Cemetery for the National Register of Historic Places, helped to save the former Engine House and St. James Episcopal’s adjacent rectory, served on multiple nonprofit boards, provided her eloquent insight and, perhaps most importantly, wasn’t afraid to do the hard work.

Bill Kauffman, Elba author and screenwriter, who had taken swimming lessons in Roth’s pool back in the day, knows well of her contributions. In the mid-1960s, when Batavia’s city fathers were making “the catastrophic decision to embrace Urban Renewal,” she stepped up her advocacy chops.

“She was the passionate and articulate leader of those who spoke up for the preservation and the history and integrity of Batavia,” Kauffman said. “She warned that Urban Renewal would be a disaster as well as an insult to our ancestors, and she was right.”

Her “prophetic voice” aside, Roth was also a “tireless volunteer” who did, quite literally, get her hands dirty, he said.

“In her 80s she was working in the old Batavia Cemetery on Harvester, helping to right toppled tombstones and cursing gopher holes--and suffering numerous bouts of poison ivy,” Kauffman said. “She planted and tended flowers at Dwyer Stadium, where she and her husband Larry were constant presences over the years. The Landmark Society, the Hospital League, the ARC; they all benefited tremendously from Catherine's hard work.”

Speaking of swimming lessons, Kauffman also shared that Roth informed his wife, Lucine “that I was the worst student she ever had,” he said. “This illustrates two of her outstanding qualities: she embodied the volunteer spirit, and she told it like it was.” Roth had no fear communicating what she felt was right, even in the face of being called out for being a pushy woman. She even contacted a reporter or two and chided them on the misuse of a particular word or piece of history. 

Roth’s long list of accomplishments includes being a founding board member of the Landmark Society in 1964, spearheading the publication of “The Architectural Heritage of Genesee County,” serving decades as Girl Scout troop leader and on City Council, Holland Land Office Museum and YMCA boards was a member of the United Memorial Medical Center Hospital League, baked and donated hundreds of pies sold at the snack shop, tirelessly lobbied to change state law that allowed elderly people to retain their driver’s licenses after her son was killed in an auto accident, and was a member of the oldest living triplets in the United States. 

She’s been called a “force of nature” and credited for being the type of person that "every community needs to thrive." For Alkhouri, Roth, who served as a trustee at First Presbyterian, made a difference and left many church members with indelible visuals.

“People have fond memories of Catherine in her 80s going up the bell tower to clean and to help with its maintenance. They also have fond memories of Catherine being in charge of all the church meals as she coordinated volunteers and helped cook meals, especially for life celebrations,” Alkhouri said. “Catherine had a great sense of humor. Even though she seemed to be serious most of the time, she often found humor in many situations in life. We shared many laughs. Catherine loved God and found great comfort in worship and in serving others.”

A recipient of many awards, Roth was more recently bestowed a granite bench in her name at Batavia Cemetery. She had once said that her service was not a well-mapped-out plan, but just something that she did. Roth had also said that she didn’t want to be bored.

Suffice it to say, she couldn’t possibly have been. Roth touched so many lives through her good works, and that kept her busy into her late 90s. She never lost her Long Island accent, Kauffman said, and surely “was one of Batavia’s greatest citizens.”

Alkhouri never expected to have grown so close to Roth, she said.

“When I first started as the pastor of Batavia First Presbyterian Church, I had no idea how I would become so connected to Catherine. She was always affirming of my ministry and always honest in where she was on the journey of faith and of life,” Alkhouri said. “I feel personally blessed to have known and loved Catherine.” 

Photo: File photo by Howard Owens from 2015.

Darien woman suffers serious injuries after car strikes pole, house on Erie Street

By Howard B. Owens

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A woman sustained serious injuries in Darien this evening when the car she was in left the roadway on Erie Street and struck a utility pole and a house before the operator attempted to drive away from the scene. 

He could only get his 2005 Toyota TC another 500 feet down the road before it stalled.

The driver, Michael J. Antonucci, 39, of Darien, and the other two passengers were not seriously hurt. In fact, one of them, with blood dripping down his face, declined medical attention at the scene and walked home.

Both rear passengers were pinned in the vehicle and could not self-extricate.  One of them was seriously injured and identified as Tanya L. Captain, 34, of Darien.

The other passengers were Shawn M. Kwiatek, 43, of Darien, and Steven N. Zink, 30, of Darien.

Captain was transported to Erie County Medical Center by Mercy Flight Central, which was filling in for Mercy Flight of WNY, presently standing down following a fatal accident earlier this week involving one of its helicopters.

At the time of her transport, Captain's injuries were considered life-threatening.  The Crash Management team responded to the scene because of the seriousness of the injuries to Captain.

"Right before she got loaded in a helicopter, she was talking with paramedics," said Sgt. Kyle Krzemien of Genesee County Sheriff's Office. "Right now we're still not 100 percent, but I would say for right now, we're just gonna go with life-threatening until we hear otherwise."

Krzemien said the vehicle was westbound on Erie Street when it crossed the double center line and hit an embankment before becoming airborne. The vehicle then struck a utility pole, shearing it from its base, and, because of the speed of the vehicle, continued southwest until it struck the front porch of a house at 1390 Erie St.  The driver then tried to drive out of the front yard of that house, going back East on Erie Street, and only getting 500 feet down the road before it stopped, the sergeant said. 

There was a power outage in the area that included the traffic signals at Route 20 and Route 77.  At the time of publication, 11 National Grid customers remained without power and power was not going to be restored before 4:30 a.m., according to National Grid.

Criminal charges are pending against Antonucci, according to the Sheriff's Office.  The investigation is ongoing.  

Darien Fire and Corfu Fire responded to the scene along with Mercy EMS.

(Initial Report)

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Top photo: A car after it struck a utility pole and a home on Erie Street in Darien Sunday evening, the damage caused by the accident, and Mercy Flight Central removing one seriously injured woman from the scene. Photos by Howard Owens.

Accident with pole and wires down, and injuries on Erie Street, Darien

By Howard B. Owens

A car has struck a utility pole in the area of 1390 Erie Street, Darien.

There are multiple injuries and two people require extrication.

There is at least one serious injury.

Responding units are asked to enter the scene from Tinkham Road because wires are down in the roadway.

Darien Fire and Mercy EMS responding.

UPDATE 7:12 p.m.: An engine from Corfu is requested to the scene.  Dispatchers checking on availability of Mercy Flight

UPDATE 7:54 p.m.: Mercy Flight Central has landed near the scene.

UPDATE 8:03 p.m.: Mercy Flight has departed with one patient, and is headed towards Erie County Medical Center.

Four local residents honored as 'Women of Inspiration' by the YWCA

By Howard B. Owens

Celebrating 110 years of serving the people of Genesee County, the YWCA held its first Women of Inspiration Awards brunch on Saturday at the Batavia Country Club.

Honored were Rev. Roula Alkhouri, pastor of Batavia First Presbyterian Church, Maureen Notaro, principal at Jackson Primary School, Marci Redband, accounting specialist at Tonawanda Valley Federal Credit Union, and Jacquelyn L. Swinarski, a retired teacher and community volunteer.

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Rev. Roula Alkhouri
In 2000, Alkhouri made history as the first Syrian-American woman ordained in the Presbyterian Church.  She has served the community as a strong advocate for building bridges between people, according to Donna Blake, who nominated her for the award. Blake said she is committed to YWCA's mission of eliminating racism, empowering women and promoting peace, justice, and freedom for all.  She created Los Samaritamnos, a group that provides food, transportation and support for detainees released from the Buffalo Federal Detention Center in Batavia. 

Led by Alkhouri, Batavia Presbyterian has built supportive relationships with Crossroads House, Jackson School, Justice for Children, the Alzheimer's Association, and the Little Free Pantry.

During the pandemic, she encouraged her congregation through regular online video messages and services, and members of the congregation encouraged others by delivering cards to nursing home residents. 

In her acceptance speech, Alkhouri admitted she was "down in the dumps" because both her father and mother had recently passed away and her brother was diagnosed with cancer.

"I was at a low point," she said. "All I wanted to say was, 'No, I'm not inspired at this moment.' But then I remembered the power of community. And that's the word that I want to leave you with today -- that community is so important for all of us."

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Maureen Notaro
Nominated by co-worker Brian Sutton, Notaro was honored as a role model for students and staff of all ages. 

"I have worked with her for five years and I have witnessed students flock to her, admire her, and strive to make her proud by listening to her sound advice and guidance," Sutton said. 

Notaro credited her mother, a single mom, with instilling in her and her sisters a sense of empowerment. 

"She taught me and my sisters that the world could be ours if we were determined and persistent and never gave up on our dreams," Notaro said. "She taught us that everyone has a story and never to dismiss what someone has to say, and that everyone deserves the right to be respected and treated respectfully. She taught us never to judge anyone and to have an open mind. She taught us that all people are equal and that what matters is how a person treats others. I realized that my mother surrounded us with strong supportive women and led by example."

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Marci Redband
Redband was nominated by her husband Tom Redband.

"When I read the nomination criteria for the Women of Inspiration, which includes how the nominee inspires others, how she serves as a role model for women and girls, how the nominee contributes to her community, and how the nominee promotes the mission and vision of the YWCA -- it was a no brainer when I read this," Tom said. I immediately thought of Marci Redband."

He praised Marci, who has coached high school sports -- including alongside her husband until a season ago at Elba in basketball -- since college graduation, as one of the best female role models he has ever met.

He said she contributes to her community as a coach, including that Elba girls basketball team, which won five straight sectional titles under the combined leadership of the Redbands.

"Marci's passion and drive were to encourage and lead these young women to not sell out themselves to society's expectations of what women are supposed to do and act like, and instead push themselves to become their best selves," Tom said.

Marci said that 10 years ago, she was struggling, struggling to get through college, and a counselor encouraged her to reach out more. Marci responded by pointing how involved she was in her church. The counselor told Marci she needed to get out of her comfort zone.

The next day, she got a call to become an assistant softball coach at Elba. 

She said sometimes God places something right in front of you and you've got to do it.

"The biggest lesson that I took from (being a coach) was that consistency, and showing up and being a calm face for some of these young women, is the best thing that you can do for them," Marci said. "It was a life-changing moment for me. And it was how I met my husband."

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Jacquelyn L. Swinarski
Swinarski was described as the "energizer bunny" of Robert Morris when she taught kindergarten there for 30 years. She was a role model for other teachers. 

She organized the annual 4th-grade Architectural Drawing Contest for the Landmark Society. She was active in the Batavia Teachers' Association. She's volunteered at Crossroads House and organizes the Mega Garage Sale. She volunteers in the community more than 50 hours a week. And, she's been involved in fundraising at St. Joseph's School.

Swinarski encouraged people to treat other people better and to volunteer.

"When you volunteer, you give yourself to others," she said. "When someone does something to you, it's wonderful for a moment but then it's gone. When you do something for someone else, you always find people that are gracious, and loving, and you make more friends."

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Millie Tomidy-Pepper, executive director of the YWCA presented Synia Morrison, a senior at Batavia High School, with the first ever Frances G. Francis Scholarship. Francis was founder of the YWCA in Genesee County,

Building brick by brick is a lightbulb moment for Batavia entrepreneur

By Joanne Beck

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A new business on Harvester Avenue is taking an old concept of “brick-and-mortar” and feeding it with some bright thinking, owner Macy Paradise says.

Paradise, a 2003 Batavia HIgh School grad and owner of Paradise Fit in Elba, has branched out to include an all-inclusive facility for kids, adults, seniors and developmentally disabled folks. His logo is a brain inside of a lightbulb to represent a bright idea.

“The goal of this space is to have a more skill-building style,” Paradise said during the grand opening of The Brick Community Enrichment Center on Friday at The Harvester Center, 56 Harvester Ave., Batavia. “The Brick concept comes from an original idea that Joe Mancuso had in 1959, offering kind of a brick and mortar flex-use space for entrepreneurs. We wanted to rebrand that here, this being a flexible space, using it for all sorts of reasons. So we are trying to rebuild the community brick by brick.”

Paradise spoke while taking a short break from his DJ gig at the event. A versatile host of all things music for special events, celebrity debuts and even dance parties for, in this case on Friday, kids aged three to 12. The site’s overall concept was to host group fitness classes for all ages, and that grew into allowing space for skill-building classes, private events and to offer a more affordable rental option for bridal and wedding showers, birthday parties and the like. 

Paradise, 37, is a Batavia native who returned after a stints in each of Los Angeles, Calif. and Colorado. While living out west, he frequently returned to host events at the former City Slickers and Billy Goats, plus TF Browns. He also ventured into Erie County to host various entertainment gigs, such as international Electronic Dance Music producer and DJs Barely Alive and Virtual Riot, in Buffalo.  

The Brick Community Enrichment Center offers fitness classes from 5 to 7 p.m. Mondays and Wednesdays in May, and Paradise is planning other sessions for young and older alike, and also for people with developmental disabilities. It complements his main business, Paradise Fit, which offers personalized training, coaching, nutrition programs and meals, and an app for support. A personal trainer who also owns and operates the Elba-based fitness facility, Paradise initially started with personal training in Elba, doing one-on-one training sessions with clients. He proudly calls Elba home, having purchased one there in 2019, two years after moving back to Western New York. 

Meanwhile, he began to look for a space to do group fitness classes and was also hired as the Harvester Center's marketing director. 

“I found this space … and decided to open it up,” he said. “It’s another thing to do in Batavia.”

For more information or to get in touch with Paradise, call (585) 356-7737, email paradisemacy@gmail.com or visit www.brickcommunitycenter.com or check out @TheBrick on Facebook.

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Top photo: Owner Macy Paradise cuts the symbolic ribbon to his new place, The Brick Community Enrichment Center, during a grand opening dance party Friday at The Harvester Center, 56 Harvester Ave., Batavia. Macy Paradise and partner Nici Johnson show off the logo for The Brick Community Enrichment Center. Photos submitted by Steven Falitico/Genesee County Chamber of Commerce.

Criminal mischief charges dismissed against Plush Dozier

By Howard B. Owens
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Plush Dozier

There will be no taxpayer-funded trial on criminal mischief charges for a man already serving a life sentence on a jury-trial conviction for attempted murder and arson.

Judge Michael Mohun dismissed the charges against Plush Dozier this morning at the formal request of District Attorney Kevin Finnell.

Finnell cited the inability of Dozier to pay restitution, the cost of a trial, and the fact that, given how sentencing works in New York, if convicted, Dozier would be given credit for time served, since it would run concurrent to the term he's serving now. That means he would get no additional prison time (which could be a factor if he became eligible for parole).

"It's in the public interest not to hold a trial," Finnell said.

The decision apparently came at Mohun's suggestion during a conference on the case, Defense Attorney Fred Rarick suggested during the case and reiterated to a reporter as he was leaving the courtroom.  He said it was the right thing to do and saved the taxpayers the expense of transporting Dozier daily during a trial from Sullivan County.

Mohun, a county court judge in Wyoming County, has been assisting Genesee County since January while also mentoring new County Court Judge Melissa Cianfrini because of a backlog of cases. He inherited more than 80 cases that were more than years old -- going back to Cianfrini's time in the District Attorney's Office.  Much of the delay in the cases can be attributed to COVID-related shutdowns and slowdowns.

He said after court that the last of the cases will be cleared from his calendar on Monday and his duties in helping to catch up Genesee County will be completed. 

Dozier was convicted of attempted murder and arson in October. Dozier intentionally set fire on June 15, 2018, to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

He appeared in court this morning, accompanied by three state prison guards, including a sergeant. Dozier was dressed in a green state prison jumpsuit, wearing on his head a white knit cap with a band of copper and black stripes knitted in and around it.  Four people, friends and family, sat in court in support of Dozier.  After the hearing, they thanked Mohun for his kindness in handling the case.

It was alleged that on Aug. 4, 2018, Dozier kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 in damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018.  That lead to charges of criminal mischief 3rd and criminal mischief 4th. 

Finnell said he consulted with Sheriff William Sheron on the dismissal and Sheron agreed with the decision.

Sheron said this afternoon, "Dozier is serving a life sentence, therefore in the interest of justice, we agree with the dismissal of the charges."

Assistant City Manager resigns for another opportunity in Monroe County

By Joanne Beck

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After about a year as Batavia's assistant city manager, Jill Wiedrick has resigned her post for a job in Monroe County, City Manager Rachael J. Tabelski says. 

Wiedrick was hired in June 2021 as a lifelong resident of Western New York and 15 years of experience in local government. She had been the senior county planner for Genesee County and was manager of zoning for the City of Rochester when she was hired for the assistant manager position.

"I would like to congratulate Jill Wiedrick, Assistant City Manager, for her time with the City of Batavia.  She is moving to a new job with the Village of Fairport.  It was a pleasure to work with Jill, and I wish her all the best in her career pursuit," Tabelski said in an emailed response to The Batavian. "Her last day with the City of Batavia is Friday May 13, 2022.  The City will actively advertise the position of Assistant City Manager in the near future to fill the position."

 

File photo of Jill Wiedrick 

NTSB Official: It will take months to untangle all factors in Mercy Flight crash

By Howard B. Owens

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There have been nine accidents involving the Bell 429, the model helicopter being flown by James E. Sauer, 60 of Churchville, and Stewart M. Dietrick, 60, of Prosper, Texas, when it went down in a field near Norton Road in Elba at 1 p.m. Wednesday.

The National Transportation Safety Board has determined the cause of four of those accidents.  Three of them were the result of human error and one was an apparent mechanical failure.

The preliminary evidence in Wednesday's crash of the Mercy Flight aircraft, said Aaron McCarter, air safety investigator with the NTSB, is that the rear tail section of the aircraft became detached during the flight.

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Aaron McCarter

"Onboard (the helicopter) were two pilots and seasoned professionals about 1300 or 1 p.m. local time, several credible witnesses of the helicopter transitioning the area behind me over Elba, New York, at about 2,000 feet observed and heard a loud boom. We don't know which occurred first (the tail separating or the boom). The tail separated from the helicopter and was found 300 feet from the main wreckage."

The main wreckage was in a gully just a few yards from the edge of Norton Road, about a mile north of Edgerton Road.

McCarter said he will be at the accident scene gathering evidence for three to five days.

"The on-scene portion of the investigation is only a small part of a much larger list, or process," he said. "Most of the work being done by the investigative team happens behind the scenes when the on-scene portion is over. In 10 days, I will be completing the preliminary report. In approximately 12 months, the factual report, followed very shortly by the probable cause, signed off by the Transportation Safety Board members (will be released)."

The cause won't be determined until the investigation is complete, and that investigation, regardless of what the evidence shows now, looks at all factors of the case, McCaster said.  That includes mechanical, environmental, and human elements, and how all three elements interacted.

While both Sauer and Dietrick are experienced pilots, they were on a training mission.

"Even though they are seasoned pilots, you know how much time they had in this particular helicopter?" McCarter said. "I'm not trying to equate aircraft with cars, but have you ever gotten to a car rental that was completely different than yours? It takes you a while to kind of figure out where all the buttons are and how how to maneuver. So that's what we're looking at, we're looking at their familiarity with the machine, how much experience did they have in this particular machine, in addition to all the other aircraft that they have flown."

Wreckage to be examined in Delaware
The wreckage, which was spread over a 2,000-foot area from beginning to end, will be transported to Clayton, Delaware.

"It will be transported back to this facility to a two-dimensional assembly of it on a hangar floor and we'll be able to see how the helicopter -- it can assist us in determining how the helicopter came apart and what happened first."

He added, "We will be doing a thorough engine check. We're gonna be checking on the rotor blades. We're gonna be checking the tail rotor. And we're gonna be downloading data."

While the Bell 429 doesn't have a "black box" as most people are familiar with -- its data isn't in a hardened protective case -- McCarter is confident the flight recorder data can be recovered.

Investigators will also look at flight and maintenance logs and any reports on the helicopter's performance on previous flights.

The aircraft was manufactured in Canada so by international treaty, Canadian aviation experts will be participating in the investigation.

McCarter indicated he doesn't believe there was anything of the ordinary for a training mission prior to the crash.  The mission started at the Genesee County Airport at 11:15 a.m. and the crew did a typical training flight pattern around the airport for about an hour before heading toward Elba.

Once the tail separated, McCarter said, the pilot would have found it impossible to maintain directional control over the aircraft.

"That tail rotor is what keeps the nose of the helicopter pointed in the correct direction," he said. "Because the torque when the rotor blades are spinning around the helicopter, the fuselage wants to spin in the opposite direction, if you remember your high school physics, so the tail rotor actually keeps the nose of the helicopter pointed in a specific direction."

Of the nine prior crashes involving the Bell 429, four claimed six lives.

Prior aviation crashes locally
Of the nine Bell 429 crashes, one was in Batavia on Oct. 6, 2021. That 429 was also owned and operated by Mercy Flight but was not the same aircraft involved in Wednesday's accident. There were no injuries when that helicopter had a hard landing at the Genesee County Airport.  The cause has not yet been determined.

There has been one other helicopter crash in Genesee County over the past 30 years. On Dec. 27, 2003, in Byron, when a pilot practicing autorotations over an airport open field made a hard landing. The pilot was seriously injured. 

The NTSB reported, "The pilot reported that he felt a shudder during the autorotation and tried to regain airspeed by using forward cyclic, but he was unable to regain airspeed. Examination of the helicopter found evidence of low main rotor rpm. No discrepancies were found with the flight controls and engine."

Previous airplane accidents, as reported by the NTSB, in Genesee County:

  • March 31, 1983, Batavia, Cessna 182, mechanical failure, four aboard, no injuries;
  • Sept. 24, 1983, Batavia, Cessna 152, an unexpected gust of wind on landing, two aboard, no injuries;
  • Oct. 7, 1984, Cessna 150H, pilot error at dusk, no injuries; 
  • May 17, 1985, Batavia. Piper PA-22-150, commercial-rated flight instructor encountered unexpected wind at takeoff, no injuries;
  • May 29, 1985, Batavia, Piper PA-28-235, loss of power during takeoff, two aboard, no injuries;
  • Oct. 15, 1986, Le Roy, Piper PA-38, instructor error, two aboard, no injuries;
  • June 20, 1987, Batavia, Cessna 177RG, mechanical failure resulting in an emergency landing, no injuries;
  • March 17, 1991, Le Roy, Cessna 172M, inexperienced pilot error in poor lighting conditions, four aboard, no injuries;
  • Feb. 15, 2004, Batavia, Cessna 172E, the inability of the pilot to maintain control in winds on an icy runway, no injuries;
  • June 15, 2007, Cessna 172s, student pilot error, no injuries;
  • Feb. 7, 2009, Le Roy, Cessna 172A,  pilot error in heavy winds, no injuries;
  • July 15, 2011, Batavia, Murphy Aircraft Elite, pilot error, one serious injury;
  • Aug. 2, 2012, Alexander, Piper PA-25-260, pilot error, no injuries;
  • Sept. 20, 2014, Bethany Center, Cessna 182A, pilot error, no injuries;
  • June 11, 2915, Le Roy, Brandt Leroy E Challenger II, pilot error, no injuries;
  • Oct. 27, 2019, Batavia, Beech A36, pilot error in heavy winds, four aboard, no injuries;
  • June 1, 2020, Le Roy, Beech 36, pilot error, no injuries.

The only other fatal aviation crash in Genesee County since the early 1980s was on Oct. 2, 2020, in Corfu, which claimed the lives of attorneys Steve Barnes and Elizabeth Barnes. The cause of that crash remains undetermined.

CORRECTION: There was another fatal airplane crash in Genesee County on Aug. 11, 2001.  Two people were killed when a Dominiak Kitfox crashed in Byron. Alcohol and drugs were found in the inexperienced pilot's blood.

Law and Order: Rochester man accused of being a drug dealer following traffic stop in Batavia

By Howard B. Owens
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Garlyn Gause

Garlyn Maurice Gause, 42, of Brookhaven Terrace, Rochester, is charged with criminal possession of a controlled substance 3rd, tampering with physical evidence, aggravated unlicensed operation 3rd, and insufficient turn signal. Gause was stopped for an alleged traffic violation at 10:20 p.m., April 24, on Swan Street, Batavia, but Deputy Nicholas Charmoun.  Deputy James Stack and K-9 "Rayzor" responded to the stop. Rayzor reportedly alerted on the vehicle. Upon a search of the vehicle, the deputies allegedly located narcotics in the vehicle.  Gause is accused of possession of narcotics with the intent to sell the drugs. Gause is accused of attempting to conceal evidence after he was in custody. He was arraigned in City Court and ordered held without bail. 

Lourdes M. Castaneda, 33, of Le Roy, is charged with DWI. Castaneda was stopped by State Police on Transit Road, Lancaster, and troopers reportedly determined that she exhibit signs of impairment.  Castaneda is accused of failing a field sobriety test.  She was processed at SP Clarence where she allegedly registered at .13 BAC on a breath test. She was released on an appearance ticket.

Number of positive COVID-19 test in Genesee County rises for fifth straight week

By Howard B. Owens

The community spread risk factor for SARS-2-CoV in Genesee County has been raised to medium by the CDC after a seven-day period in which 278 new positive COVID-19 tests were reported.

There were 212 lab-confirmed positive tests during the week and 66 self-reported positive tests from home test kits. There is no way of knowing how many people tested positive with a home test kit and didn't report the results to the health department.

This fifth straight week of increasing positive tests in the county.  

No additional deaths from COVID-19-related illnesses were reported.

The total number of COVID-19-related hospitalizations are no longer reported but UMMC does report being at 70 percent capacity with ICU also being at 70 percent capacity.

If you test positive with a home test kit, you can report the results to the health department through this link.

Le Roy trustees support $66,000 tax levy increase, still lowering tax rate for property owners with assessment adjustments

By Howard B. Owens

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Le Roy Central School District is planning to increase the tax levy by $66,000 after calculating how much state aid the district can expect to help cover its $27,708,988 spending plan.

The good news for residents of Stafford, who this year reportedly saw a substantial increase in their property assessments, is that if the numbers hold, their property tax rate for public education will go down about $2.37 per $1,000 of assessed value. The anticipated rate is $19.80. That's 13 cents more than it would have been had the Board of Education decided to balance the budget with reserves rather than increase the levy.

Property owners in the district in Pavilion, Bergen, and Caledonia are also looking at a projected tax rate of $19.

However, property owners in the Town of Le Roy pay the same rate they did this year, $24.14. 

State law requires that all property owners in a district share the burden of education equally so a formula will be applied to Le Roy's tax rate to make it equitable.  

Business Administrator Brian Foeller presented anticipated revenue numbers to board members at a Monday afternoon meeting and then all members of the board participated in a discussion about the tax levy before reaching a consensus decision (no motion nor vote was required) to raise the levy by $66,000.

These are all estimates because final assessment numbers will not be available until July, which will affect the total tax levy.

The tax levy is the total amount of revenue raised through property taxes.  The tax rate is the amount per thousand of assessed value that property owners are billed to pay into the levy.

Board President Jacalyn Whiting (top photo) said she was confused by the Town's decision to forego assessment adjustments this year given the state's required equalization rate and that the town must eventually get assessments up to 100 percent of fair market value.

"How is this going to make things better?" Whiting said.

The spending plan is covered by $16,135,963 in state aid, $10,663,025 tax levy, and $910,000 in local revenues.

Local revenues are:

  • Fund Balance carried forward
  • PILOTS
  • Late taxpayer penalties
  • Out of district tuition paid by other schools
  • Interest earnings of investments
  • Medicaid
  • BOCES Refund

Budget increases include:

  • Professional support and staff salaries, $364,963
  • Special Education out-of-district tuition, $282,000
  • Staff health insurance, $150,721 (a 12.5 percent increase)
  • Grounds/facilities equipment, $81,000
  • Debt payment on existing loans, $56,611

The district is adding one full-time equivalent position, replacing a part-time BOCES employee due to an increase in BOCES attendance. 

A part-time BOCES speech therapist position is being eliminated. There is also a reduction in spending on COVID-19 supplies and several retirements, with not all positions being replaced.

"We've done our part to try and keep this in mind with rising costs," said Superintendent Merritt Holly. "It's tough. These are not easy decisions."

 Whiting agreed, saying the district has done the best it can to control costs.

"This is hard, because I feel we've done a really good job, even adding $66,000 to the levy to bring it to $2 lower per $1,000," Whiting said. "But the assessment part is out of our control. By the same token, you know, we have to balance out here, too."

One thing helping the district this year is the state increased the amount of state aid, a portion called Foundation Aid, to offset shortages to the district in previous years. The increase is only temporary and the district cannot count on it in the future.

Trustee Jason Karcher expressed concern that without a levy increase, the district will face a steeper hill to climb at some point.

"That's gonna be a shock to the system when, and we don't necessarily know when, that would happen," he said. "That's lovely."

Trustee William MacKenzie agreed.

"Eventually the Foundation Aid is going to go away," he said. "It's going to happen."

Trustee Denise Duthe said she believes the district has a history of being responsible for taxpayers' money.

"I think has always done a good job of keeping things basically straight or just a little bit up, not these kinds of wild gyrations," Duthe said. "Everything costs a little bit more. Keep in mind that we want to be as fiscally responsible as we can but we also don't want to do a giant jump next year."

The budget public hearing is scheduled for Tuesday, May 10 at 6 p.m. in Memorial Auditorium.

The vote on the budget and candidates for trustees will be on May 17.

There are four candidates for three open seats.  There are two three-year terms and one two-year term open.  The candidates are  Peter W. Loftus (Incumbent), Randa Williams, Jason Karcher, and Rachael Greene.

Photos by Howard Owens

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