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Law and Order: Bethany woman accused of leaving dog in hot car at Walmart, if found guilty faces up to $100 fine

By Billie Owens

Catherine Klinkbell, 52, of Bethany Center Road, Bethany, is charged with confinement with extreme temperature of companion animal in vehicle. At 1:08 p.m. on July 27, the Genesee County Emergency Dispatch Center received a report of a canine inside a vehicle in the Walmart parking lot on Veterans Memorial Drive. The outside termperature was 84 degrees. Genesee County Animal Control was dispatched and reported that the canine was in distress and found that the temperature inside the vehicle was harmful to the canine. The canine was removed from the vehicle and transported to the Genesee County Animal Shelter. The registered owner of the vehicle, Klinkbell, was located and charged with one count of violating Section 353-D of the NYS Agriculture & Markets Law. If found guilty, the violation is punishable with a fine $50 to $100 for a first offense (and up to $250 maximum for subsequent offenses). She is due in Town of Batavia Court at 1 p.m. on Aug. 20. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Animal Control Officer Ann Marie Brade.

Heidi Nicole Pitcher, 27, of Parkedge Street, Rochester, is charged with reckless endangerment in the second degree and endangering the welfare of a child. At 7:19 a.m. July 28, the Genesee County Emergency Dispatch Center received a report of a domestic incident on Route 237 in the Town of Stafford. Following an investigation into the incident, it is alleged that Pitcher drove the vehicle recklessly, creating a substantial risk of serious physical injury to another person while in the presence of children. She was issued an appearance ticket and is due in Town of Stafford Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

For second day in a row, no new COVID-19 positive tests in Genesee County

By Howard B. Owens

Press release:

  • Genesee County received zero new positive cases of COVID-19, for a total of 253 positive cases.
    • Seventeen new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.
       
  • Orleans County received zero new positive cases of COVID-19, maintaining a total of 274 positive cases.
    • Eleven new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.

More oil and stone work planned by county next week on three roadways

By Billie Owens

From Timothy J. Hens, P.E., superintendent, Genesee County Highway Department:

More oil and stone work will be done next week on East Road (Route 63 to the county line), East Bethany-Le Roy Road, and Fargo Road (Route 5 to Route 63).

Please drive slowly to avoid kicking up stone. It's a temporary inconvenience, but it's a necessary evil for road maintenance. Biggest bang for the buck by far.

Signs are up in advance of these areas including sides roads.

Man who took Bergen teenager across state lines gets three years in state prison on top of Federal term

By Howard B. Owens

Once 24-year-old Guillermo Torres-Acevedo finishes serving more than 15 years in Federal Prison for transporting a teenage girl from Bergen across state lines, the Batavia man will spend an additional three years in state prison followed by 10 years on parole.

His attorney, Thomas Burns, asked Judge Charles Zambito to make Torres-Acevedo's sentence in state prison concurrent with his Federal term but Zambito decided the defendant shouldn't get that benefit while also denying the prosecution's request to lock Torres-Acevedo away for up to six years in state prison.

Torres-Acevedo entered a guilty plea in County Court in December to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

Earlier that month, Torres-Acevedo entered a guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

Torres-Acevedo was arrested in November 2018 following an Amber Alert for his victim. They were eventually located in a Walmart in Pennsylvania when authorities were able to locate the girl's phone at that location.

'Self-starter' Ferringer brings fiscal experience to assistant county manager position

By Mike Pettinella

As he prepares to become the next Genesee County manager, Matthew Landers said he considered it a priority to appoint someone with a track record of exceptional job performance to replace him as the

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assistant county manager.

That’s why he moved quickly to offer the position to Tammi Ferringer, a Genesee County employee since 2005 who has served as the municipality’s compliance officer since September of last year.

Both Landers and Ferringer will begin their new assignments on Aug. 15, the day after County Manager Jay Gsell retires after 27 years at the helm.

“I have had the opportunity to closely view Tammi’s work the past year as the compliance officer and have been impressed with the efficient and accurate manner in which she does her job,” Landers said. “During this pandemic, she continued to shine by taking on whatever project was tossed her way and was able to carry it to completion with little guidance.”

Landers also spoke highly of Ferringer’s work that began in the mid-2000s as senior financial clerk-typist and then as a supervisor and administrative officer/budget officer at the County Health Department.

“(I recall that) rather abruptly, the two highest ranking positions in the department left county government, leaving a large financial/administrative hole that needed to be filled,” Landers said. “Being in the treasurer’s office at the time, I can remember wondering how all of the financial/budgetary administrative work was going to get done.”

He said that “without missing a beat,” Ferringer stepped up and filled the gap until the other positions were filled.

“Many others could have simply said that work is outside of my title, or it isn’t my responsibility, but Tammi jumped right in and made a significant difference,” Landers said.

Ferringer, a 1997 Batavia High School graduate, said she has always taken a proactive approach when it comes to getting the job done.

“I remember when that happened it was a sign for Matt and I to take over the state aid piece (at the Health Department). So, we got some training in Utica, figured things out and just ran with it,” she said. “It doesn’t bother me working outside of a title.”

After about nine years at the Health Department at County Building 2 on West Main Street Road, she moved to the other side of town, accepting the director of fiscal operations and child support position at the Department of Social Services on East Main Street Road.

“I really enjoyed working at the Health Department, but the opportunity at DSS came with a significant pay increase and I realized that unless I went back for my master’s degree, I had hit my peak there,” said Ferringer, who earned an associate degree in Business Administration from Genesee Community College and a bachelor’s degree in Business Finance from Brockport State College.

Hired by former Social Services Commissioner Eileen Kirkpatrick, Ferringer’s knowledge and ability served her well at DSS, and opened the door for her to become the county compliance officer.

“In June of 2019, Matt reached out and offered me the county compliance officer position. I wasn’t looking for a new job, but when the county manager’s office calls ... I figured there would be room for growth,” she said.

Landers said Ferringer has “continually exceeded expectations in her different roles in the county, leading to a series of promotions and advancements. Her unique skill sets in both finance and compliance make Tammi a great fit for the needs of the assistant county manager position.”

In her new role (working out of the Old County Courthouse downtown), Ferringer will assist with budget preparation and monitoring duties, oversee the STOP-DWI program and the county workers’ compensation program that includes virtually all of the towns, villages and school districts in the county, Landers said.

“She will also cover a variety of compliance responsibilities, including the County’s ADA (Americans with Disabilities Act) coordinator, the fair housing officer and privacy officer, to just name some of the compliance hats,” he said.

Landers said that Ferringer also will lead the county’s shared services initiative and coordinate its safety plan and monthly safety meetings.

“These are just some of the assigned duties. There will be countless projects and issues that arise during the normal course of government that Tammi will plan a critical role in solving and completing,” Landers added.

Ferringer joked that Landers already has begun “transitioning some of the duties and he’s been smiling all along the way.”

Salary for the position currently is at $85,000.

A Town of Batavia resident, Ferringer represents the town on the Genesee County Youth Board and also serves on the Genesee Area Family YMCA Board of Directors.

She has two children, Jacelyn, 20, an employee at Richmond Memorial Library, and Caleb, 13, who will be entering Batavia High School this fall.

Hardcore Happening for 2020 canceled

By Howard B. Owens
Video Sponsor
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If these were normal times, this weekend, some 600 or more people would be at the Jesse and Jolene Coots property in Le Roy burning rubber, admiring hot rods and generally having fun and being kind to each other.

But these are not normal times.

Jesse Coots made the tough decision earlier this month to cancel the event.

"I held out as long as I could and after a conversation with the local authorities, we have come to the conclusion that it would be best to cancel the Hardcore Happening 2020," Coots said in a Facebook post.

"Mind you this was encouraged but not enforced by the police, they have always been great to us and continue to be supportive. I spoke with the chief like I always do before the party and he was great.

"He explained the legal situation and literally went above and beyond to think of a way to have this without raising any flags or comprising anyone’s health however we came up short."

Coots encouraged event fans to use Aug. 1 as a day to make a new friend and love people.

The video is from last year's event, the first year The Batavian covered it. Hopefully, we'll be back there in 2021.

Dog reported locked in vehicle at Dollar Tree

By Howard B. Owens

An officer has been dispatched to the Dollar Tree on East Main Street, Batavia, to investigate a report of a dog locked in a black Ford Escape.

"The window is only cracked a little bit," the officer is informed.

Parents of about 315 Batavia students choose '100 percent virtual' as district finalizes its reopening plan

By Mike Pettinella

bcsd_reopen_info_sheet.jpg

About 315 students in the Batavia City School District will be taught exclusively in a “distance learning” capacity, according to the reopening plan that will be submitted by Friday to the New York State Education Department and Gov. Andrew Cuomo’s office.

Batavia Superintendent Anibal Soler Jr. today shared details of the strategy to educate the district’s nearly 2,200 students as the 2020-21 school year approaches. The first day for all students is Sept. 9.

Prior to submitting its comprehensive report of about 50 to 60 pages, district officials on Monday released a Reopen Batavia Strong graphic that outlines the health protocols that will be in place as well as the daily schedule for students – breaking the Monday through Friday routine into five “cohorts.”

“This is a visual piece for parents – the 30,000-foot view,” Soler said, advising that it can be found on the district website and Facebook page. “The Reopen Batavia Strong Task Force gave us recommendations, input and feedback, and we feel this is a good plan.”

Looking at the graphic, one can see the following:

-- Cohort One: Students with last names beginning with A-K attend school Monday and Wednesday; remote learning takes place Tuesday, Thursday and Friday.

-- Cohort Two: Students with last names beginning with L-Z attend school Tuesday and Thursday; remote learning takes place on Monday, Wednesday and Friday.

-- Cohort Three: High school students taking BOCES career technical education courses (at the building across from Batavia High on State Street) attend school on Monday, Tuesday and Thursday; remote learning takes place on Wednesday and Friday.

-- Cohort Four: Students with special considerations and targeted academic support attend school every day.

-- Virtual Cohort: Parents who chose 100 percent remote learning for their child(ren); remote learning every day.

“It’s important to emphasize that the virtual cohort is parent driven; it is the parents’ choice,” Soler advised, noting that about 15 percent of the student population has opted for distance learning at this time. “We thought it was important to give parents some choice. Some parents feel unsafe, and have the right to feel that way. Some of them don’t want to bring them in until they have full assurance that their health and safety are protected.”

Cohort Four students (around 250) will consist of total in-person learning for students with special needs and considerations, such as disabilities, English language learners and pupils with individualized education plans, Soler said.

“They will have more of an intensive, in-person given the fact that we have some legal obligations with their individualized education plans,” he said. “Also, this cohort will include students that teachers feel need more individual attention as well as access to food and a caring adult every day.”

The superintendent said the thought process was to use last names as a way to keep students from the same household in school together.

“We do know that some families have mixed last names in the household and we will make considerations for those families,” he said.

Soler said district administration and staff are entering uncharted territory.

“We had a rushed experience last year – shutting the schools down fully. Now, we have an idea of the direction we’re heading in,” he said. “This is still all pending the governor’s approval. He could say, this is a good plan, it’s not a good plan. Or he could decide that schools aren’t going to open across the state – they’re going to go virtual. I’m hoping that’s not the case, given the fact we have a low infection rate in this community.”

The governor is expected to announce his decision on reopening between Aug. 1-7.

Until then, maintenance and janitorial staff at the various Batavia schools are reconfiguring desks and disinfecting classrooms.

“The 6-foot social distancing really minimizes how much in-person we can do,” Soler said. “We want to err on the side of safety and health. There are a variety of opinions out there, but we have to go off what we feel is best. We have a responsibility to provide optimal safety and health for any of our families, even if they agree or disagree with wearing masks. We’re bound by the guidance that is put before us.”

Regarding child care, Soler said the “virtual day” was moved from Monday to Friday to have the least negative impact upon families seeking child care.

“We thought it would be easier for them to find someone to watch their kids (on Friday) than on a Monday,” he said.

Teachers will report to school every day and will be able to livestream their classes to include students who are at home, Soler said.

“We believe that’s the least burdensome on our teachers. That way, they won’t have to recreate a lesson. Kids can watch live and interact with their peers in the classroom. It will require us to do some training on best practices on what distance learning looks like,” he explained.

Soler said that a teacher may be assigned to be a full-time virtual educator or may have one of his or her five classes designated as a virtual class. He also said that a schedule is being set up for distance learners, such as having English at 8 a.m., Math at 10 a.m., etc.

Of course, he wishes that all students could be taught in their school buildings.

“We have families that are really adamant about in-person but, again, we just don’t have the capacity,” he said. “We don’t have enough teachers to split every class to maintain health and safety protocols at a high level and we also don’t have enough building space to cut our classrooms in half and basically double each class.”

Retired emergency dispatcher pleads guilty in child pornography case

By Howard B. Owens

A retired emergency dispatcher entered a guilty plea today one count of possession of sexual performance by a child less than than 16 years old, a Class E felony.

Under terms of the plea deal, James E. Tripp, 58, of Batavia, will be sentenced at a later date to 90 days in jail and 10 years of probation. He was also required to forfeit devices seized by law enforcement during the investigation.

Tripp will also become a registered sex offender.

State Police arrested Tripp in January following a more-than-two-year investigation that included interviews and a search of his residence. Today's plea satisfies three counts of possession of sexual performance by a child.

During his career as a dispatcher -- he worked full-time for 22 years and part-time after 2016 -- Tripp was honored multiple times for his service, including named the state's top dispatcher in 2015. 

No new COVID cases, one recovery reported in Genesee County

By Howard B. Owens

Press release:

  • Genesee County received zero new positive cases of COVID-19.
    • One of the previous community positive cases has recovered and has been released from mandatory isolation.
    • Four new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.
       
  • Orleans County received zero new positive cases of COVID-19.
    • Seven new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the individuals is hospitalized.

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Hawley celebrates passage of two bills honoring Western New Yorkers

By Billie Owens

Press release:

Assemblyman Steve Hawley is celebrating the recent passage of two bills that have renamed highways in Genesee and Orleans counties for citizens of the region.

The Genesee Bill (A.8900B) designates Route 77 between Pembroke Town Park and the intersection of Indian Falls Road in the Town of Pembroke, County of Genesee, as the "SP4 C. Jay Hall Memorial Highway."

The Orleans Bill (A.9639) designates the highway system constituting State Route 31 from the intersection of Route 31 and Transit Road to the intersection of Route 31 and Wood Road, in the Town of Albion, Orleans County, as the "Charles W. Howard Memorial Highway."

“I’m proud that the Assembly passed these bills to help us recognize the men of our community so they will be remembered now and forevermore,” Hawley said. “It’s times like these that remind me why I continue to work in state government; to give back to the community in any way I can.”

The Batavian who died to call attention to Earth's plight

By David Reilly

Photo of David Buckel from the nonprofit Lambda Legal.

David Buckel was an environmentalist. He was an LGBTQ advocate. He was an attorney. He started his life in Batavia. He ended it more than two years ago in New York City in an effort to draw attention to the plight of the Earth in a time when it seems so many people are focused on other things.

His death didn’t garner much attention locally, but we remember today him on World Nature Conservation Day.

Most Likely to Succeed

David was a Batavia kid, born here on June 13, 1957. His dad was an agricultural consultant and his mom was a florist.

Her maiden name was Stroh and her family ran a well known floral business in town. After his mother died, he changed his middle name to Stroh in her memory. He had four brothers, two of whom served in Vietnam.

He was a bright student. At Batavia High School, where he graduated from in 1975, he was a member of the National Honor Society and voted the boy Most Likely to Succeed by his classmates. He was active in sports as a member of the varsity cross-country, track, and tennis teams.

David went on to college at The University of Rochester graduating with a bachelor's degree in 1980. After graduation he began to show his compassion for others by working as an attendant caring for in-home hospice patients.

After earning a Juris Doctorate degree in 1987 from Cornell University Law School, David began his career as an attorney.

While living in Rochester David was introduced by friends to a man named Terry Kaelber. They hit it off, became a couple and moved to New York City.

As might be surmised from his earlier hospice work, David started his career at Legal Aid assisting those in need of help with the law who couldn't afford it otherwise.

In 1995 David began working for Lambda Legal, which helped LGBT (Q, for queer/questioning, was added to the initialism starting in 1996.) youth and he specifically became a director of the organization's marriage project.

Pair of Legal Victories, Pair of Weddings

During his tenure at Lambda Legal, Buckel was one of the counsel responsible for two big victories.

In 1996 a young gay man named Jamie Nabozny was awarded almost a million dollars after suing a Wisconsin school district for failure to protect him from bullying. The court ruling in Nabozny v. Podlesny also established a legal precedent to protect LGBTQ students from being bullied in all school systems.

In 2001 David was one of the attorneys for JoAnn Brandon, who won a lawsuit in Nebraska against a local sheriff for failing to protect her transgender child who was raped and murdered in 1993. JoAnn's daughter, Teena Brandon, had reversed her name to Brandon Teena while transitioning to a male gender identity. Hillary Swank won the Academy Award for Best Actress in 1999 for portraying Teena Brandon, JoAnn's murdered child, in the movie “Boys Don't Cry,” based on the crime.

Four years after the landmark decision, there was a milestone in David's personal life when he married Kaelber in a double wedding ceremony in Canada. The other couple exchanging vows that day were lesbians with whom the men were raising a daughter. She's now a college student, scheduled to graduate in 2021.

Hooked on Urban Farming

In 2008, Buckel retired from Lambda Legal to devote his time and energy to helping preserve the environment. He became an expert in composting, the reuse of organic garbage. 

He spent several years interning at Red Hook's Columbia Street Farm in Brooklyn, where he learned the intricacies of composting peoples' kitchen waste into fertilizer to grow more food. Red Hook had been built on several old baseball diamonds to become the biggest urban farm in the United States.

Eventually, David applied his talent for organizing and planning to become the director of the Brooklyn operation. With the assistance of a large core of volunteers Red Hook was processing 225 tons of compost every year.

Buckel cultivated his workforce of volunteers as well as he did the organic material. He was respected, even beloved by the people he worked with. Several workers said that he changed their life. He ended each work day by thanking the volunteers for helping their Earth.

Buddhism, Trump and the Beginning of the End

As he developed his passion for tending to the environment he also pursued a corresponding interest in Buddhism. With its tenets of inner peace and caring for others it only seemed natural that David would be interested in this way of life. However, the Buddhist methods of protest probably contributed to his untimely end.

After the election of Donald Trump as President in 2016 and the subsequent rollback of Obama era environmental regulations, Buckel's family and friends described him in news accounts as becoming increasingly upset with the trajectory of government actions or inactions.

As 2018 progressed toward April, David began sending emails to his assistant at Red Hook detailing all the things which needed to be done in case of his absence. He also labeled everything at the site, equipment, tools and supplies. His assistant asked him if he was thinking of retiring but he assured him he was not.

Then, before dawn on the morning of April 14th, David Buckel left the home he shared with his family in Brooklyn. He had a shopping cart and headed to a nearby park. He had told no one that he was leaving.

He stopped at a patch of grass in the park off the walkway and apparently built a small wall of earth around himself. He sent an email to the media detailing what he was about to do, poured a flammable substance on himself, and lit it on fire. Within a minute or two David Buckel was dead.

The obvious reaction was shock and sadness. His family, friends, coworkers, former colleagues, and former classmates were bewildered.

They couldn't believe that a quiet, gentle, private man who cared so deeply for others would choose such a public way to end his life in protest. He hadn't even said goodbye to his loved ones.

His family's comment was that they intended to honor his life by carrying on his environmental goals. Coworkers at Red Hook vowed to continue his work.

Lambda Legal issued a statement when they learned of Buckel's death.

Former Batavia High classmates commented on a Class of '75 Facebook page that several had tried to get in touch with David over the years with no success.

They were mystified over his suicide, but remembered him fondly. Former law colleagues were stunned along with everyone else.

Buckel's final email stated that, “My early death by fossil fuel reflects what we are doing to ourselves.”

So, two plus years have now passed since David Buckel's death at age 60.

No one will ever completely understand or be able to give an absolute explanation as to why he chose to make a statement by ending his life in such a horrific way.

But, hopefully people, including Batavians from the community where he grew up, will remember him for the contributions he made to the world and as the good, kind, and helpful person he was.

Read more about David Buckel's life:

A lawyer sets himself on fire to protest climate change. Did anyone care?The Guardian, April 15, 2019

Remembering David Buckel, the pioneering lawyer who championed LGBT Rights, The New Yorker magazine, April 16, 2018

What Drove a Man to Set Himself on Fire in Brooklyn?, The New York Times, May 28, 2018

Self-immolation can be a form of protest or a cry for help. Are we listening?, The Washington Post, May 30, 2019

Ralph and Rosie's Deli to open Batavia location soon

By Sarah Whitehead

Bergen staple, Ralph and Rosie’s Deli, is opening a new Batavia location. Ralph and Rosie’s has operated in Bergen on North Lake Avenue for 42 years with Mike and Kelly Marsocci continuing the family's legacy of operating the business since 2012.

The couple began plans for the Batavia location at the end of 2019 with hopes of opening the location by early spring, however, due to the COVID-19 pandemic their plans were put on hold. Now, they are hoping to open within the next few weeks. 

“Expanding during this time has its stressors, but it’s a blessing to be expanding and not have to worry about closing our doors,” Kelly Marsocci said. 

Like many other restaurants and small businesses, Ralph and Rosie’s has been adjusting to the pandemic by offering curbside pickup and assisting the community by ordering products that have been difficult to find and selling them to members of the community at cost. 

They have had a tremendous amount of support during this time and excitement for their new location.

“It’s always been a dream to open a second location and we appreciate all the support and love from the community,” Kelly Marsocci said.

The Batavia location will offer the same favorites as their Bergen location, "Home of the Original Sweet Sauce," including their homemade meatballs, mozzarella wedges, dough, and their signature sweet sauce, which are made fresh daily. They offer subs, too.

Ralph and Rosie’s new Batavia location address is 3845 W. Main Street Road and will be open daily from 10 a.m. – 9 p.m. Phone is (585) 494-2049.

Photo by Sarah Whitehead.

Libertarian Assembly candidate calls for line item veto to rein in spending, elimination of property taxes and more to get rid of 'tyranny' and bloat in government

By Billie Owens

From Mark Glogowski, Ph.D., Libertarian candidate for NY State 139thAssembly District:

One of the most important issues I believe we face is the unconstitutional tyranny of our current taxation situation. Having an ally in your Assembly is crucial to correcting this. Being realistic, it will take time to unweave the tangled interrelations between government agencies and departments that have been created since the 16th Amendment was ratified, but it is doable. It will take time to get our obese government trimmed down to be lean and efficient, and with a lower appetite for taxes, but it is achievable.

There are several ways we can begin this process. The first is to get the state to operate within a balanced budget by cutting spending, not increasing taxes. We need a legislature that is aware of and pursues nongovernmental options when issues are being considered. A legislature that is willing to hear and apply Libertarian solutions, thus eliminating the need for the wealth of the people to support the government’s involvement.

Here are just a few places and activities we could proactively begin:

  • Permit our governor and legislature to take control of expenditures by providing both with the equivalent of the "line item" veto ability;
  • End the practice of legislation being placed in budgets (it is unconstitutional);
  • Remove barriers that prevent local governments from spontaneously working cooperatively together again. The discussions recently between Genesee and Orleans counties regarding a shared jail is a good example. Unfortunately, no matter what they agree on, the barrier now in place is that the state government has oversight of county governments (instead of the other way around) and the state has in place barriers that prevent spontaneous intragovernmental cooperation;
  • Allow all local governments (county, city, town, and village) to put more of an emphasis on sales taxes and less on real estate taxes and real estate based service charges;
  • Eliminate real estate taxes all together. They effectively cause you to not actually own the property you paid for. As with any property tax, if you don’t pay your real estate taxes you will be evicted by the Government and will lose your property.
  • Dismantle the Industrial Development Agencies and the Economic Development Zones (famous for setting up competition for existing businesses with taxpayer money and dictating to counties, towns and villages what they can and cannot do);
  • Initially reduce the immense number of grants, and then eliminate grants altogether. Grants are nothing more than acts of tyranny, where government takes money from you and gives it to companies and individuals for projects that are not economically viable (such as putting up 640 ft windmills) and companies with poor business plans (like the local yogurt company that disappeared shortly after state funding ran out), and grants to pay for studies to find out where new grants can be issued (as happens in such projects as the Finger Lakes Forward initiative). Government is going out of its way to find something worthwhile to do with your hard-earned money rather than letting you keep it and invest as you see fit.

Let’s put a stop to government wasting your hard-earned money. If we are successful we will see more activity by private enterprise to help spur the economy and build a better community, such as the grant program set up by Heritage Wind.

All these barriers were placed by generations of Democrat and Republican politicians. You cannot employ the same thinking to change as was used to create this mess.

Support my efforts to become your NYS Assemblyman and I assure you, restructuring our financial (tax) structure, rescinding the 16thAmendment, and restoring financial barriers to taxing will be among my top objectives. As your Assemblyman, I will work to initiate a call to rescind the 16thAmendment and will seek the support of the Assemblies in 35 other States. I will work to give you back control over your wealth and possessions.

Vote Libertarian

Vote for Mark Glogowski for Assembly, District 139

Read more about my positions on other important issues at:   www.glogowskiforassembly.com

Batavia's UMMC on the cutting edge of robotically assisted knee replacement surgery

By Billie Owens

Press release:

Genesee Orthopaedics surgeons are now performing robotically assisted knee replacement surgery at Rochester Regional Health United Memorial Medical Center with the help of Zimmer Biomet’s ROSA® Knee System.

United Memorial Medical Center is one of four Rochester Regional Health system hospitals to invest in this new orthopedic and joint replacement technology, making them the first healthcare system in the Rochester region to perform a robotically assisted total knee replacement. 

The assistance of ROSA, which stands for Robotic Surgical Assistant, provides a greater degree of accuracy for the orthopedic surgeon and a quicker return to daily activities for the patient.

On Friday, Matthew Landfried, MD, Chief of Orthopedic Surgery at United Memorial Medical Center, was the first to perform the procedure in the Greater Rochester Area and did so in Batavia.

“We are thrilled to bring this emerging technology to our rural hospital and provide local access to this level of care,” said Dan Ireland, president of United Memorial Medical Center. “Having teams that embrace this advanced technology is an extreme benefit to our patients, providing them with the best possible outcomes and the care they need, close to home.”

Total Knee Replacement is one of the most commonly performed elective surgical procedures in the United States with approximately 700,000 conducted in a year. It is also the most common surgery performed within the health system with more than 2,000 knee replacements conducted each year. Almost all patients who are candidates for total knee replacement qualify for the procedure using robotic assistance. 

Prior to surgery, the ROSA Knee System’s 3D model virtually tracks how the patient’s knee moves in real time. If a patient’s knee moves even a fraction of an inch, the robot will know and adjust accordingly. This data provided enables surgeons to use computer and software technology to move surgical instruments executing the procedure with an extremely high degree of accuracy.

“No two patients are the same,” UMMC's Dr. Landfried said. “The robot doesn’t operate on its own but is instead used to assist us in making an accurate incision. The Rosa System personalizes surgical procedures to each individual patient’s anatomy, allowing for greater precision and accuracy during the procedure.”

This minimally invasive procedure offers the following benefits:

  • Less pain;
  • Quicker return to daily activities;
  • Shorter hospital stay;
  • Increased longevity of the implant;
  • Reduced blood loss;
  • Reduced injury.

Rochester Regional Health’s Surgery program ranks in the top 1 percent in the Northeast year after year for robotic assisted procedures. The acquisition of the Rosa Knee System is an extension of the health system’s continued investment in robotics and technology. The system has been at the forefront of robotically assisted surgery for more than 15 years with more than 10,000 robotic surgeries to date.

In the coming weeks, procedures will begin at Rochester General Hospital, Unity Hospital and Newark-Wayne Community Hospital.

NY restricts travel, adds rules for bars & eateries, as several states' COVID-19 rates spike and NY's slows

By Billie Owens

From Rochester Regional Health today (July 28) regarding the latest information on the coronavirus pandemic, reopening, and travel restrictions in New York:

Travel Restrictions

As positive coronavirus cases spike around the country, travelers arriving to New York State from designated states will be met with restrictions, according to Gov. Andrew Cuomo’s updated Executive Order. Gov. Cuomo added 10 more states to the list of states that will require travelers to quarantine for 14 days upon entering New York. 31 states in total are on the list as of July 21.

The new states added are: Alaska, Indiana, Delaware, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia and Washington.

The quarantine applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a seven-day rolling average or a state with a 10 percent or higher positivity rate over a seven-day rolling average. Essential workers are excluded, as well as anyone returning to New York from a designated state in which the visit was for less than 24 hours.

"The last 137 days have been hell for New York as we were the epicenter of this pandemic,” Gov. Cuomo said. “However, New Yorkers stood as one, acted responsibly and—as many other states in this nation are now grappling with new spikes of this insidious virus—the beast, for now, has been brought to bay in this state.”

Newest Rules for Bars & Restaurants

All restaurants and bars in New York State can now only serve alcohol to people who are ordering and eating food, according to a new statewide requirement announced by Gov. Cuomo July 16. All service at bar tops must only be for seated patrons who are socially distanced by six feet or separated by physical barriers, and customers are prohibited from ordering directly from the bar.

To comply with the requirement, the New York State Liquor Authority say that bars and restaurants must sell sandwiches, soups or other foods, whether fresh, processed, precooked or frozen, to customers in order to sell them alcohol. Other foods can be salads, wings, or hotdogs. However, a bag of chips, bowl of nuts, or candy are not enough to satisfy the requirement.

Cases Spike in Florida, Arizona, Texas, California

Almost half of all states are spiking at a faster rate than they had been in the spring, according to a new USA TODAY study. Florida broke the single day record for positive cases with 15,300 new cases on July 11 and reported a record-high of new single-day COVID-19 deaths with 132. Arizona has seen nearly 40 percent of its total yearly cases occur in July alone with more than 50,000 positive cases since July 1. Texas reported 110 deaths and 10,791 new positive cases on July 15, its second straight day of record-high cases in the state and the sixth straight day of more than 10,000 active COVID-19 hospitalizations, according to The Hill

The full list of states on the New York State travel advisory is below:

  • Alaska
  • Alabama
  • Arkansas
  • Arizona
  • California
  • Delaware
  • Florida
  • Georgia
  • Iowa
  • Idaho
  • Indiana
  • Kansas
  • Louisiana
  • Maryland
  • Missouri
  • Mississippi
  • Montana
  • North Carolina
  • North Dakota
  • Nebraska
  • New Mexico
  • Nevada
  • Ohio
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Washington
  • Wisconsin

New York State Slows Spread

Hospitalizations in New York State have dropped below 700 for the first time since March, and the state recently reported its lowest three-day average death toll since March.  

A new study by “The Truth About Insurance” named New York the most responsible state in fighting COVID-19. “We've used data and science to drive this fight and fuel our reopening strategy, but make no mistake, this distinction is shared by every single New Yorker who did the right thing these last months, ignored the politics, socially distanced and wore a mask,” Gov. Cuomo said.

“But we can't stop now. We must remain disciplined and we must remain New York Tough. We've come too far to go back to where we were."

What Rochester Regional Health is Doing

Rochester Regional Health has implemented diligent processes in place to help team members comply with this new requirement. Employees who are currently traveling or plan to travel to any of the designated states are permitted to work upon their return, provided they follow a strict set of guidelines and processes.

Reopening Schools

Gov. Andrew Cuomo recently released guidance for reopening schools in New York State. The guidance allows for regions in Phase 4 to reopen if the infection rate remains below 5 percent using a 14-day average. Schools will close if the regional infection rate rises above 9 percent, using a seven-day average. A summary of the full guiding principles created by the New York State Department of Health and can be read here.

Phase 4

Phase 4 has begun for the greater Rochester area and the Finger Lakes Region. Phase 4 allows businesses to reopen in the industries of art, education, recreation, and entertainment. Malls are also reopening, however, not all stores in malls are reopening immediately. Gyms, casinos, movie theaters, and amusement parks remain closed. Museums and aquariums are opening with proper safety protocols in place.

"Phase 4 presents the greatest risk because the amount of variation of facilities that are on the slate to reopen in Phase 4 is more than variable than in Phase 1 through 3," said Dr. Michael Mendoza, Monroe County public health commissioner. "So doing so in a measured, coordinated way will allow the health department to follow the data very close and make course corrections as needed because the last thing we want to do is set ourselves all the way back."

Indoor restaurants in all regions have opened with safety precautions, as well as nail salons, tattoo parlors and spas. Outdoor seating is allowed with outdoor tables spaced six feet apart, all staff must wear face coverings and customers must also wear face coverings when not seated.

McMurray accuses Jacobs of voting 'for the Confederacy'

By Howard B. Owens

Press release:

After an almost muted, secretive swearing-in ceremony and an election that still has not been certified, Chris Jacobs has begun his short term in Congress. His first big moment? A vote against our military and for the Confederacy.

Jacobs sided with Trump and voted against the National Defense Authorization Act, because it includes a provision to rename military bases that are currently named after Confederate Generals. The bill, H.R. 6395, passed the House easily with more than half the Republican caucus voting for it. Every other Congressperson from Western New York voted for it—even Trump extremists like Tom Reed and Elise Stefanik sided with Democrats Higgins and Morelle.

“Jacobs was alone on his first day of Congress, protecting dead traitors. I want to be shocked, but I’m not. Jacobs has sided with Trump over the people of NY-27 again and again, even supporting Trump’s failure during the pandemic and Trump’s advocacy for far-right conspiracy theories. This bill will give a pay raise to our troops, and provide the Pentagon with pandemic response funding—I’m glad it passed in spite of Chris Jacobs. We are going to watch him like a hawk watches a field mouse,” McMurray said.

Jacobs also voted against H.R. 1957, the Great American Outdoors Act, a vastly bipartisan bill to fund and restore our National Parks. The bill also funds state and local parks without using taxpayer dollars. The bill’s passage marks a once-in-a-generation win for environmentalists, for the President, and for bipartisanship, but Jacobs voted against it.

“Our national, state and local park system is second to none, and the question has to be asked: ‘Why would Jacobs vote against 94 percent of Americans that support preserving these natural wonders?’ His family’s business, Delaware North, has extensive business with the National Parks and has had a high-profile, coastline dispute with Parks Services over Yosemite. It’s fair to ask if Jacobs should be voting on such bills, given the potential conflicts.”

McMurray was most concerned, however, about Jacobs’ support for the confederacy.

“Jacobs said that Black Lives Matter is a radical ideology, but defending treasonous generals is OK? A man of wealth like him, a man whose family owns estates across New England, owns the Boston Bruins itself, cannot claim this has to do anything to do with ‘Southern Pride,’ ” McMurray continued.

“He is shamelessly indulging the racist agenda of our President, and it’s an insult to the Union soldiers from across NY-27 who fought the Confederacy. There are tributes to these soldiers everywhere — including the town square in Avon, before the courthouse in Warsaw, and in Geneseo where there stands an obelisk honoring the Union war dead. Geneseo is also home to a statue of General Wadsworth, who defended our nation’s capital, fought valiantly in Gettysburg, and died on the battlefield. The current Republican Town Supervisor is his descendant,” McMurray added.

McMurray is planning a tour to pay tribute to the men and women of the Genesee Valley and Niagara Frontier who confronted the tyranny of the Confederacy and fought for what was right at the most pivotal moment in our country’s history.

NOTE: The Batavian offered the Chris Jacobs campaign to respond and the campaign declined.

County Manager Gsell: HEALS Act no panacea for what's ailing state and local governments

By Mike Pettinella

U.S. Senate Republicans are calling it the HEALS Act but, in Genesee County Manager Jay Gsell’s opinion, the latest federal stimulus proposal does nothing to cure the wounds being inflicted upon state and local governments.

Hoping that the bill offered on Monday by Senate Majority Leader Mitch McConnell is “dead on arrival,” Gsell took the GOP to task for failing to include funds to help financially strapped municipalities such as Genesee County.

“They just left the realm of local governments and even additional resources for states on the outside with the idea that apparently they want to keep waiting to see what the economy will do … all across the country, not just in New York State,” he said.

The $1 trillion Health, Economic Assistance, Liability protection, and Schools Act, or HEALS Act, is the Senate’s answer to the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions Act, or HEROES Act, that was passed by House Democrats in May.

Gsell believes the stimulus package (the fifth since the COVID-19 pandemic took hold in March) will likely be the last economic rescue package prior to the November presidential election.

“This Senate bill and the House of Representative bill are diametrical ends of the spectrum … and hopefully (they’ll meet) somewhere in the middle to get bipartisan support in both chambers to get this thing done by August 7th,” Gsell said. “Once they come back in September, they may put anything else in terms of fed stim off past the election and maybe not even then.”

Gsell said states and local governments are facing significant losses in revenue from several sectors, primarily sales tax, but also from hotel bed tax and gaming distributions. He took exception to a provision in the HEALS Act that calls for the construction of a new FBI building in the nation’s capital.

“It is insulting that there is money in this bill to build a new FBI building in Washington, D.C.,” he said. “Where does that come out with what should be a federal stimulus bill?"

Reportedly, money for a new FBI headquarters was put in the bill at the request of the Trump administration.

“The economic dislocation is still significant. For what happened yesterday, to pretend that that’s not the case, to me is both disingenuous but also shows a lack of understanding of what’s going on with regard to the national economy and what’s going on with local governments,” Gsell said.

According to the latest report from the New York Association of Counties, the state’s counties and New York City could lose up to $13.5 billion in revenue in 2020 and 2021, a situation that could result in cuts to services and permanent layoffs.

NYSAC projects a $4.9-billion loss in sales tax in the next two fiscal years in light of unemployment soaring to 13 percent (up from 4 percent in 2019) as well as an 80-percent decrease in hotel occupancy taxes and the uncertainty surrounding the reopening of gaming sites across the state.

Furthermore, NYSAC forecasts that state reimbursement cuts of at least 20 percent will cost counties outside of New York City more than $670 million a year.

While acknowledging that the NYSAC figures are worse-case scenarios, Gsell said Genesee County officials are “looking at it from the standpoint of what have we experienced so far in the quarters of sales tax payments that we have seen since the beginning of this calendar year” and hope for federal support.

“If the McConnell bill somehow survives, and I hope to gosh it doesn’t, that will engender the State of New York to start doing across the board 20-percent cuts, if even that low percentage wise, in state reimbursements to county governments and other local governments,” he said. “That’s when some of the numbers you’re seeing here (in the NYSAC report) could be visited upon a county like Genesee in our budget. That’s why the governor has yet to institute his across the board reimbursements that he was given the power to do when the state budget was adopted.”

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