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Opponent calls on Collins to renounce Trump's rejection of nation's core democratic beliefs

By Howard B. Owens

Press release:

Diana Kastenbaum, the Democratic Congressional Candidate for NY-27, has called upon Rep. Chris Collins to step forward and declaratively disavow Trump’s recent statements that the election is rigged. As a an elected official himself, Mr. Collins should persuade Mr. Trump that he should accept the outcome of the election if Secretary Clinton wins. That is what we know in this country as a peaceful transfer of power. That “peaceful” transfer of power is the very essence of what a democracy is all about.

“There used to be civility amongst opponents running for public office. However, the tone the Trump campaign and all of its surrogates have set forth, including Mr. Collins, is anything but civil. The time has come for all patriotic Republicans to speak out against this unprecedented attack on our core beliefs and our fair election process.”

Nothing but tough choices for Legislature in setting county's 2017 budget

By Howard B. Owens

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Legislators are faced with a number of hard choices as the county's 2017 budget comes together.

Increases in mandated spending, increases in personnel expenses, flat sales tax revenue and unsettled questions about expenses related to the soon-to-be-former Genesee County Nursing Home means the county needs to raise more money than allowed by the tax levy cap.

County Jay Gsell laid out several options for the legislators, except one, but Chairman Ray Cinifrinit put it on the table: Voting to override the tax cap limit.

To override, the Legislators would have to hold a public hearing and then vote on a resolution. That would have to be done before completion of the budget process, so approving the resolution wouldn't necessarily mean there would be a tax increase above the cap amount.

"I'm suggesting that we at least pass the resolution," Cianfrini said. "That's just good planning."

Gsell said he won't submit a budget proposal, which is due within 48 hours, that includes a tax increase above the cap amount.

The formula for figuring the cap takes into account the $14 million in increased assessed value for real property in the county, but the county can only use a portion of that increase for any pre-cap increase in the levy.

If the county were to raise no more money from the levy than in 2016, it would put the tax rate for the county at $9.69 per thousand of assessed value.

The rate can't go past $9.86 to stay under the levy cap. 

If Gsell accepted all of the funding requests by various county departments, which by direction were already frugal requests, the tax rate would be $10.27.

To get the rate down to at least $9.86, Gsell said there will be no new hires for county staff, except two new corrections officers, and he's looking at using $1 million from the county's reserves, as well as diverting 1 percent of the sales tax that would normally go to next year's capital projects (think roads and bridges), for another $800,000 in savings. He's also cutting 10 percent from all non-mandated services, except for mental health related services, Genesee Community College and the Chamber of Commerce (the tourism office helps generate revenue for the county and gets funding from the hotel bed tax).

Here's the list of programs and agencies slated for a 10 percent cut from their funding requests:

  • GO-ART!
  • Business Education Alliance
  • Cornell Cooperative Extension
  • Holland Land Office Museum
  • Housing Initiative Committee
  • Genesee County Economic Development Center
  • Libraries
  • Mercy Flight
  • Soil & Water Conservation District

Legislator Andrew Young expressed concern about the county once again dipping into reserve funds to balance a budget. He noted that practice can't last forever. He is also concerned about diverting funds from capital projects when the county is looking at a $15 million bill for road and bridge repairs over the next five years.

So take those two revenue diversions off the table, that leaves Legislators with two big options -- raise taxes above the levy cap, or go to what Gsell called "the nuclear option," the "scorched earth policy."

That option is completely eliminating a service the county currently provides but isn't mandated by state law. Those options include closing county parks and eliminating the road patrol deputies in the Sheriff's Office.

Such drastic cuts could also include elimination all funding for the nine programs and services listed above.

"If they (the legislators) don't like what I recommend in terms of how the revenues are put together," Gsell said after the meeting, "that's when I have to go back to the expense side of the equation and get rid of $1 million to $2 million worth of expenses."

But Gsell warned legislators that drastic cuts will certainly bring about intense pushback from the community.

"We tried that with Genesee Justice a few years ago and I believe there were 200-plus people at a public hearing over in the court facility," Gsell said. "Everybody and the kitchen sink came in and said that's the worse thing the county has ever thought of, let alone tried to do as far as county government goes. So that's just a caution."

The two-and-a-half hour meeting Wednesday also included a lengthy discussion about how to eliminate some of the overtime costs within the Sheriff's Office. Sheriff Gary Maha, Undersheriff William Sheron (top photo), Chief Deputy Gordon Dibble and Jail Superintendent William Zipfel participated in the conversation.

The two main areas of overtime expense are deputies in training with their four-hour daily commute to and from basic training in either Niagara Falls or Monroe County and prisoner transport of female inmates between Genesee County, which doesn't have a jail that can house female inmates, and the jails in the area that can accept female prisoners.

Currently, deputies are taken off of road patrol for transports.

The Sheriff's Office budget requested three new corrections officers to handle the transports, but the discussion headed toward a proposal to hire two new corrections officers and find retired law enforcement officers to work part-time help with transports.

County Attorney Charles Zambito, soon-to-be County Judge Zambito, said once he's judge he can probably make sure the calendar is adjusted to ensure prisoners to be transported are scheduled for appearances in batches, reducing the number of transport trips. 

Jail expense is also going up, Zipfel said, because of the changing demographics of the jail population. There is more time and expense with medical transportation and dealing with mental health issues, including more one-on-one watches for inmates who may be suicidal.

"The jail population is aging and getting sicker with every month that goes by," Zipfel said. "We're encountering more people who have drug and alcohol addictions, more people who are older. We've had several people recently in their 70s and 80s who are getting sentenced because of drug and alcohol addictions."

The legislature will meet again on the budget next Wednesday.

Town of Batavia to address its health insurance premium costs

By Mike Pettinella

Batavia Town Supervisor Gregory Post sees himself as "a merit-based guy" -- someone who believes in rewarding those whose job performances consistently exceed the expectation of the Town Board.

"And we have those type of people here," he said. "Employees who come in early and stay late, who have a high level of expertise, and who warrant a level of compensation that will enable us to recruit the best people and retain them."

But, Post is also a realist, and he has come to the realization that the town's contribution to staff health insurance premiums has reached a tipping point.

The supervisor fielded health insurance-related questions on Wednesday night, following the board's favorable vote on a resolution that mandates that the town pay up to 95 percent of the monthly premiums for its employees for 2017.

Rates under the Blue Cross Blue Shield Gold Standard Plan that the town will be purchasing range from $456 per month for an employee-only plan to $1,300 per month for a family plan. Employees hired prior to Sept. 18, 2013 will contribute 5 percent of the monthly cost and those hired after Sept. 17, 2013 will contribute 25 percent.

All told, the town is projecting in the neighborhood of $250,000 in health insurance premium costs.

"Traditionally the town's compensation package has been to provide health insurance, but eventually we will have to find something less expensive (to the town) and less generous (to its employees)," Post said, adding that the current formula is "unsustainable."

 "The staff is already aware that this will be addressed in 2017. Workshops will start in December."

Post said he expects health insurance costs to go up about 2 percent in 2017, although the tentative budget allows for a 12-percent increase to cover possible changes in employee status throughout the year. He said the board will be negotiating with both union (Batavia Town Employees Union) and non-union employees to come up with a more equitable payment plan.

When asked about the level of compensation throughout the town's organization, Post said that salary, health insurance, pension contributions, vacation time, etc., factor into the pay scale.

"One thing that stands out is that the staff here is the community's biggest asset," he said. "We've seen a 40-percent increase in the assessed value in this town over the past 10 years. The return on our investment (to employees) has been tremendous."

In a related development, Post shared a report from Daniel Lang, codes official, that indicated the town has received a more favorable rating from the Insurance Services Office, action that could lead to reduced liability insurance premiums for homeowners and business owners. This new rating, from a 9 to a 4 (the best score is 1), is for all one- and two-family dwellings and for all commercial and industrial buildings in the town.

The ISO is an organization that tracks property and casualty insurance risk, evaluates and rates a community’s ability to handle fires.

In other action, the board:

-- Set public hearings for Nov. 9 in connection with sewer rates (7 p.m.) water rates (7:05 p.m.) and the town budget (7:30 p.m.) for 2017.

The proposed rates for Sewer Districts No. 1 and No. 2 in the town are $6.13 per 1,000 gallons, a 10-percent increase from the 2016 rates. The water rates would go up by about 3 percent, with the base rate set at $5.10 per 1,000 gallons and the agriculture rate set at $3.73 per 1,000 gallons.

As previously reported first on The Batavian, the town's projected tax rate for 2017 is $2.64 per thousand of assessed valuation, up from the $1.42 rate in 2016. The tentative budget calls for a tax levy of $1 million.

Per public hearing notice guidelines, proposed salaries for the elected public officials in the town are as follows:

Supervisor -- $30,000
Deputy Supervisor -- $15,000
Councilpersons (3) -- $10,000
Town Clerk/Tax Collector -- $66,229
Highway Superintendent -- $18,035
Town Justices (2) -- $25,235

-- Transferred $89,600 from the unappropriated unexpended fund balance to cover additional equipment, water meter and meter reading instruments for both water and sewer districts in 2016.

-- Allocated $9,237 as the town's share to support Genesee County school districts' 2017 summer recreation programs. Batavia will receive $3,442, followed by Pembroke ($2,080), Oakfield-Alabama ($997), and Elba, Byron-Bergen and Alexander ($906 each).

Deputy Supervisor Dan Underhill (due to the death of his father, David) and Councilwoman Patti Michalak were absent.

Funds still available for the HEAP Clean and True Benefit

By Billie Owens

Press release:

The HEAP Clean and Tune benefit opened Aug. 1 and will run until Nov. 4 or until funds are exhausted. Anyone interested in the Clean and Tune program must contact Genesee County DSS at 344-2580. 

Eligible households can receive energy efficiency services, which includes the cleaning of primary heating equipment, but may also include chimney cleaning, minor repairs, installation of carbon monoxide detectors or programmable thermostats, if needed, to allow for the safe, proper and efficient operation of the heating equipment. Benefit amounts are based on the actual cost incurred to provide clean and tune services, up to a maximum of $400. No additional HEAP cash benefits are available.

You may be eligible for a benefit if:

·         You are the homeowner;

·         Your household’s gross monthly income is at or below the current income guidelines for your household size as posted on the table below;

·         Your primary heating equipment is more than 12 months old;

·         Your primary heating equipment or chimney has not been cleaned within the last 12 months;

·         You do not have a service contract with your vendor that includes clean and tune services;

Your household eligibility requirements include filing an application with your local department of social services, providing all necessary documentation, and the household must reside in an eligible living situation.

Here are the current income eligibility guidelines:

2016 HEAP            Elderly or Disabled figures                

Household Size

Max Monthly Income

1

$2,300

2

$3,007

3

$3,715

4

$4,423

5

$5,130

 

Genesee Senior Foundation seeks donations for personal transmitters for 'Project Lifesaver' - helps track dementia patients

By Billie Owens

Press release:

Project Lifesaver has given parents of autistic children in Genesee County peace of mind, now local caregivers of older adults with cognitive impairments may also benefit.

Genesee County Sheriff's Office, Genesee Senior Foundation Inc. and the Genesee County Office for the Aging are partnering in this project to save lives.

Citizens enrolled in Project Lifesaver wear a small personal transmitter around the wrist or ankle that emits an individualized tracking signal. If an enrolled client goes missing, the caregiver notifies the Genesee County Sheriff’s Office immediately, and a trained emergency team responds to the wanderer’s area. Most who wander are found within a few miles from home, and search times have been reduced from hours and days to minutes. Recovery times for Project Lifesaver clients average 30 minutes — 95-percent less time than standard operations.

Ruth Spink, director of the Office for the Aging, notes that, “For individuals with dementia, wandering can become a behavior at any time. Don’t wait for it to happen, be proactive and protect your loved one.”

Caregivers who are caring for a loved one at home in Genesee County and are interested in participating in Project Lifesaver, may call the Office for the Aging at 585-343-1611.

Each unit costs $250 with annual expenses of about $50 for batteries, etc. The Genesee Senior Foundation which is affiliated with the Office for the Aging is accepting donations for Project Lifesaver.

Spink said, “We very much hope that some folks will be moved to make a contribution. Any amount will help to underwrite the cost of a unit for families who are not in a position to pick up these costs. We would hate to see the expense be a roadblock to keeping someone safe in our community.”

Donations may sent to the Genesee Senior Foundation, 2 Bank St., Batavia, New York 14020, with notation “Project Lifesaver.”

Spink added, “We also want to remind folks of our Caregivers Program which offers long-term care services, support, and options counseling. In addition to that foundational program, we are in the first year of a five year New York State Health Department regional grant project, Western New York Alzheimer’s Caregiver Partnership.

"With that grant, we are now even better equipped to serve caregivers through additional resources offering consultation, respite services, transportation, education, joint enrichment activities, and support groups. No one should be expected to go through this challenging disease alone. We encourage people to call our office. We’re here to help.”

More than 300 Rotarians expected for three-day conference in Genesee County

By Billie Owens

Press release:

Batavia and Genesee County will play host to the upcoming Rotary District 7090 2016 District Conference on Friday, Oct. 21, through Sunday, Oct. 23. More than 300 people are expected to attend the conference to be held at Batavia Downs Gaming, and it will be the first group to utilize the brand-new Hotel at Batavia Downs, in addition to other Batavia lodging locations.

Rotary District 7090 consists of 70 chapters located in both Western New York and Southern Ontario, Canada. The annual gathering allows Rotary members to become immersed in several areas and initiatives of the service club, while also learning about the community they are visiting.

The conference includes an annual meeting and district leadership luncheon, education events, hands-on projects, parties and more.

On Friday night, many of the Batavia restaurants will be busy with a “dine around” event – where conference leaders have arranged for several local restaurants to reserve seats for members and are encouraging exploration within the area. The conference also has a day trip to Letchworth State Park in Wyoming County planned for guests.

The Genesee County Chamber of Commerce has been assisting conference planners with their visit and estimate that the three-day event will result in a $60,000 economic impact on Genesee County.

Law and Order: Sex offender arrested for alleged failure to register new Bethany address, trio of DWI arrests

By Billie Owens

Christopher J. Campbell, 38, of Chaddock Road in Bethany, is a registered sex offender who, on Oct. 18, was charged with failure to report a change of address as required by law. It is a felony. He formerly resided on West Main Street Road in Batavia. Campbell was arraigned in Bethany Town Court and jailed in lieu of $5,000 cah bail. He is due to return to court at 7 p.m. on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Jason Saile.

Teresa M. Bosdyk, 54, of Water Street, Perry, is charged with DWI, speeding lane violation and not wearing a seat belt. The defendant was involved in a motor-vehicle accident at 11:50 p.m. on Oct. 18 on Ellicott Street Road in Bethany. It appears she crossed into the oncoming lane and struck a tractor-trailer. Further investigation revealed she was allegedly driving while intoxicated. Bosdyk was transported via Mercy Flight to Strong Memorial Hospital for evaluation of her injuries. She will return to Bethany Town Court at a later date. Additional charges are pending. The case was handled by Genesee County Sheriff's Deputy Howard Carlson, assisted by Deputy Andrew Hale.

Douglas Duane Brown Jr., 34, of Meadow Farm, North Chili, is charged with insufficient tail lamp, aggravated unlicensed operation of a motor vehicle in the third degree, aggravated DWI, per se, with a BAC of .18 or more, DWI. The defendant was stopped on Alexander Road in the Town of Alexander at 11:50 p.m. on Sept. 22 for an alleged equipment violation. Further investigation allegedly revealed that the defendant was driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Howard Carslon.

Adam Louis Zichitella, 18, of Cole Road, Colden, is charged with DWI, operation of a motor vehicle with a BAC of .08 percent or more, and stopping, standing or parking upon a highway. The defendant was found parked roadside in the southbound lane of Route 77 in the Town of Alabama at 12:43 a.m. on Sept. 25. An investigation allegedly revealed that the defendant was allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Howard Carlson.

Pembroke making run at sectional title in soccer

By Rick D. Franclemont

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For the first time in program history, Pembroke's soccer team has advanced in sectional play, beating Cal-Mum on Wednesday night 4-0. The Dragons entered the tournament as the #2 seed. Jamil Marable had two goals while Spencer Cowell and Ryan Curtis each added a goal and an assist.

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More photos can be seen at : http://francletography.photoshelter.com/gallery/2016-10-19-Cal-Mum-Boys-Varsity-at-Pembroke/G00008SZ5ALDrX.o/C0000ONQk3dqJ1PM

 

Car Wash Saturday to benefit GVEP Drag Race Club

By Billie Owens

Press release:

Genesee Valley Educational Partnership Drag Race Club will be hosting a car wash from 10 a.m. to 2 p.m. this Saturday, Oct. 22. The profits from the car wash will benefit the Drag Race Club.

The car wash will take place at the BOCES Genesee Valley campus, located at 8250 State Street Road in Batavia. Upon arrival, follow the signs through the campus.

Students from the Conservation, Metal Trades, Health Dimensions, Automotive Technology and Collision, Custom and Repair are working together to build a drag car.  The students have been working on disassembling a Ford Ranchero. 

For any question please contact Bob Yates, Automotive Technology Instructor ryates@gvboces.org

Photo: Dispatchers work from backup center for the evening

By Howard B. Owens

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Once a year, the Sheriff's Office is required to test its backup emergency dispatch center and tonight's the night for dispatchers to work out of the location at 14 W. Main St., instead of their normal home on Park Road.

The facility is configured exactly like Park Road for an easy transition from one location to the other.

The backup facility would be used if Park Road couldn't be used for some reason.

The room in the old Sheriff's Office on West Main was the dispatch center for the Sheriff's Office for decades before the Park Road office was built.

These days, emergency dispatchers handle all traffic in the county for the Sheriff's road patrols, Batavia PD, Le Roy PD, State Police and the fire departments.

Dispatchers handle somewhere in the neighborhood of 30,000 calls for service annually.

Investigators working to develop more leads in Elba bank robbery

By Howard B. Owens

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Investigators have spent the day trying to track down new leads that might help them discover who was involved in yesterday's robbery of the M&T Bank branch in Elba.

The robbery was reported at 2:35 p.m. yesterday and seems to have involved two men dressed in masks, gloves and hoodies who fled in a stolen car before switching cars about a block away from the bank.

Chief Deputy Jerome Brewster said a team of investigators spent the day canvassing the area looking for witnesses or images from surveillance cameras that might assist in developing leads.

Investigator Joseph Graff told our news partner 13WHAM that investigators are also checking with costume shops to see if any connection can be made between the masks and gloves the suspects were wearing and a recent purchase.

Brewster said the Sheriff's Office is conferring with the FBI and law enforcement in Monroe County.

The initial getaway car was stolen from a car dealership in Rochester and had a stolen plate on the rear of the car.

Anybody who might have information that can assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Photo released this afternoon of the second suspect.

City school consolidation has led to some cost savings

By Howard B. Owens

A consolidation plan enacted by Batavia City Schools four years ago has led to cost savings in some key areas, Sandra Griffin, now a retired principal from Batavia Middle School, told the school board at Tuesday's meeting.

Overall, personnel costs have decreased by $31,000.  

The first year of consolidation, in 2012-13, there was a $1.2 million cost savings, but since then the district has added new staff or AIS support and personnel for arts and music. Even so, there has been a payroll savings each year since consolidation.

When consolidation was implemented, district administration moved from its offices on Washington Avenue to offices at Batavia High School, closed Robert Morris School and shuffled grade levels between Jackson, John Kennedy, and Batavia Middle School.

One of the biggest areas of cost savings was in operations and maintenance, which is down $414,000.

Unemployment costs are down $103,000.

Utility expenses are down $292,700.

The one area of increase is bussing, which has jumped $484,000, the result of a more open bussing policy which has mean 305 more students are able to take a bus to and from school.

Big Tree Glen seeks to build sense of 'community'

By Mike Pettinella

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Tenants at Big Tree Glen on West Main Street Road are settling in and the Conifer Realty LLC/United Memorial Medical Center joint venture is taking on a "community" feel.

That's the word from Joan Mrzywka, community manager of the apartment complex that currently has occupancy in 54 of its 56 one-, two- and three-bedroom units. Six of the apartments are specially designed for handicap or HVI (hearing vision impaired) persons. 

"Things are going really well thus far, just a few minor glitches," said Mrzywka, an Albion resident and former prerschool teacher who has been on the job for about a year.

Mrzwyka was joined by Town of Batavia Planning Board members, Conifer executives and the local media on a tour of the facilities on Tuesday night.

Big Tree Glen, which opened a couple months ago, features seven eight-plex buildings, with four first-floor apartments and four second-floor apartments. The building that houses Mrzwyka's office also includes a community room, fitness center, computer room (with four workstations) and a 24-hour accessible, security camera-equipped laundry room.

Mrzywka said the familes there are of all age groups. Eligibility is based on family and individual incomes in relation to Genesee County's median income.

Monthly rental rates are as follows:

Three-bedroom -- $812 (50 percent of the median income), $916 (60 percent).
Two-bedroom -- $704 (50 percent), $713 (60 percent).
One-bedroom -- $569 (50 percent), $570 (60 percent).

Rent does not include electricity but does include gas (which is used for heat and hot water), sewer and water, Mrzywka said.

Conifer plans to build 40 more apartments (all one- and two-bedroom units) as part of its Phase II project. It received site plan approval from town planners on Tuesday night and will be petitioning New York State in anticipation of breaking ground next spring.

"The residents here are expecting us to build more; there is such a need for housing in this area," Mrzywka said.

Company officials reported that they are working on two projects in Monroe County -- a supportive living facility in Webster in collaboration with Rochester Regional Health System and an 80-bed House of Mercy homeless shelter in the City of Rochester.

Photos: View from West Main Street Road, Community Room at Big Tree Glen, 3727 W. Main Street Road, Batavia.

School board hears positive report on academics at Batavia HS

By Howard B. Owens

Academically, Batavia High School is in good shape, Principal Scott Wilson told school board members at Batavia City Schools regular meeting Tuesday night.

Last year, the high school hit a 95-percent graduation rate and Wilson is pleased with regularly hitting a 90-percent-plus rate, but repeating 95 percent will be a daunting challenge, he said.

In eight of the 10 regents exams, the school has improved its passing rate. He said there as been a steady growth in improved scores, especially in math, where staff has invested more time and resources.

"I'd like to see a higher passing rate, but a slow and steady climb is continuing to sharpen the saw," Wilson said.

He described the passing rate for students in advanced placement classes as "healthy."

Last year, 49 percent of students went on to a two-year college and 25 percent to a four-year college. Wilson would like to improve those numbers, but, "those are good numbers and very healthy for us."

About 19 percent of graduates leave school, after study at BOCES, with skills to enter the workforce in a trade.

The introduction of Chrombooks into the classrooms has gone over well with students and parents, Wilson said.

"All you have to do is walk the halls and see the progress in action," Wilson said.

Public Service Committee mum on state mandate for district attorney raises

By Howard B. Owens

Moments after being told on Monday by County Manager Jay Gsell that a pay raise for the district attorney is being mandated by the state and the County Legislature really had no say in the matter, members of the Public Service Committee decided to say nothing at all.

No member of the committee spoke up to make a motion to approve the mandated pay raises, so there was no second to a motion, and without a motion or second, there could be no discussion.

Afterward, Chairman Ray Cinanfrini, who was in the room, but is not a member of the commitee, was totally surprised that the committee acted as it did.

He said there was no prior discussion that gave him a clue there would simply be no action on the matter.

Not that he was disappointed.

"I'm not in favor of the way it was handled by the governor's office," Cianfrini said. "This is no reflection whatsoever on our district attorney and the services provided by his office. They do a great job. It's just that we had no control over the  whole process."

A committee appointed by Gov. Andrew Cuomo recommended that salaries for district attorneys throughout the state be pegged to the salary structure of Supreme Court justices, which are pegged to the salary rates of federal judges.

Under the mandate, the district attorney pay would hit $193,000 annually in April 2018, or 95 percent of a Supreme Court justice's salary in that year.

Last year, Friedman, who hadn't received a pay raise in about eight years, was paid $152,500. The governor's plan would give Friedman an immediate boost to $183,350.

The lack of action by the Legislature really puts the ball in Friedman's court, Cianfrini said. 

"Certainly, as the law stands right now, our district attorney is entitled to the money," Cianfrini said. "The fact that we did not take action on it today, I think, puts a lot of pressure on us on how we can justify the decision of the Public Service Committee."

County Attorney Charles Zambito agreed that it is probably up to Friedman to decide how to proceed.  

Friedman declined to share specific thoughts on the pay issue.

"While I certainly have some very strong feelings about this issue, rather than making statements to the media at this time, I will begin by promptly addressing it with the County Legislature," Friedman said.

If push comes to shove, he and Gsell said, the Legislature could vote to make the district attorney's job part time. That would get the county out from under the state mandate.

Up until the early 1990s, the job, along with all the assistant jobs, were part-time. Just prior to Friedman's election to DA, the legislature voted to make the job full-time, so Friedman is the only full-time DA in the county's history.

Law and Order: Niagara Falls man charged with assault in August incident at Darien Lake Performing Arts Center

By Billie Owens

Peter Stanley Hawkins, 49, of A Cayuga Village Street, Niagara Falls, is charged with third-degree assault. He was arraigned on the charged in Darien Town Court at 4:20 p.m. on Oct. 18. His arrest stems from an unspecified incident that occurred at Darien Lake Performing Arts Center at 9 p.m. on Aug. 31. Hawkins was released under supervision of Genesee Justice and is due back in Darien Town Court at 1 p.m. on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Guillermo Avila-Ramirez, 64, of Port Bay Road, Wolcott, is charged with: third degree criminal possession of a weapon; unlawful possession of marijuana; unsafe tire; and uninspected vehicle. The subject was arrested for allegedly possessing a dagger in his truck after it was involved in a motor-vehicle crash on Bloomingdale Road at the Tonawanda Indian Reservation at 8:03 a.m. on Oct. 16. The subject also allegedly possessed a bag of marijuana in his pocket at the time of his arrest. He is due in Town of Alabama Court on Nov. 3. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Eric Seppala and NYS Trooper Mark Catanzaro.

Joshua John Dibble, 34, of Pearl Street, Batavia, is charged with petit larceny. At 4:28 p.m. on Oct. 15, following the investigation of a shoplifting complaint on Lewiston Road in the Town of Batavia, Dibble was arrested. He allegedly stole merchandise from a department store by passing all points of purchase without paying. He was issued an appearance ticket for Oct. 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Robert Henning.

Rollover accident on Ellicott Street Road, one person trapped and unconscious

By Billie Owens

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Bethany Fire Department and Mercy medics are responding to 5402 Ellicott Street Road, Bethany, for a rollover accident in which one person is out of the vehicle and another is unconscious but breathing and trapped inside.

UPDATE 11:57 p.m.: Mercy Flight #5 out of Batavia is on ground standby.

UPDATE 11:59 p.m.: Stafford Fire Department's extrication equipment, "their jaws," are requested to the scene to expedite extraction. Possibly more than one person is entrapped. State Police are en route.

UPDATE 12:17 a.m.: Mercy Flight is called to the scene and the roadway is being shut down.

UPDATE 12:19 a.m.: It is confirmed only one person is trapped inside the vehicle. Mercy Flight transport is being done primarily for precautionary reasons. The vehicle with the person trapped inside is on the east side of the road and there's a semi-truck on the west side.

UPDATE 12:26 p.m.: A responder at the scene has corrected the incident location to 5405 Ellicott Street Road.

UPDATE 12:30 a.m.: They are going to shut down traffic at Route 63 and Little Canada Road.

UPDATE 12:58 a.m.: The victim who was entrapped is a female who regained consciousness by the time she was transported by Mercy Flight as a precaution to Strong Memorial Hospital in Rochester.

UPDATE 1:03 a.m.: The female victim was driving a sedan southbound on Ellicott Street Road when she drifted into the northbound lane. The male driver of a northbound semi-truck saw the sedan drifting into his lane and pulled to the right but could not avoid contact. The vehicles clipped each other, sending the semi off the west side of the roadway, partially into some woods. The sedan continued off the roadway in an easterly direction and struck a utility pole. There were no passengers in either vehicle. The truck driver was walking around at the scene, uninjured. The road closures are expected to remain in place for about an hour until the vehicles and debris can be removed.

UPDATE: The driver of the sedan has been charged with DWI, speeding, lane violation and no seat belt. She is Teresa M. Bosdyk, 54, of Water Street, Perry.

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Town planners OK Big Tree Glen, Koolatron, soccer park expansions

By Mike Pettinella

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Expansion and improvement projects at the Big Tree Glen apartment complex on West Main Street Road, Koolatron on Commerce Drive and Batavia Sports Park on Bank Street Road received "green lights" to move forward Tuesday night (Oct. 18) from the Town of Batavia Planning Board.

At their meeting at Batavia Town Hall, planners gave their blessing to Conifer Realty LLC after reviewing the Rochester company's site plan for Phase II of the income-based complex at 3727 W. Main Street Road. The site plan approval is contingent upon Conifer meeting all engineering criteria and setting up agreements with the Town of Batavia in line with those already in place from Phase I.

According to Paul Marfione, project director for Conifer, Phase II development will consist of 40 apartments (eight one-bedroom and 32 two-bedroom), which would increase the total number of units to 96.

Occupancy eligibility is based on the median income in Genesee County, Marfione said. Of the 40 new units, 10 would be offered to those at 50 percent of the income level, 15 to those at 60 percent and 15 to those at 90 percent.

"The median income in Genesee is increasing," Marfione said, which enables Conifer to offer 15 apartments to those individuals and/or families with annual earnings closer to the county average ($64,500 for a family of four, for example).

Marfione said Conifer is hoping for New York State approvals within a couple months. An early approval from the state could lead to groundbreaking on the $9 milliion Phase II project in the spring of 2017.

Conifer, in partnership with United Memorial Medical Center, completed Phase I this summer.

Before the meeting, Kathy Jasinski, planning board chairperson, and Conifer executives conducted a tour of the facility (photo above). (Watch for more photos and a story in The Batavian on Wednesday).

Koolatron to construct 25,000-square-foot warehouse

Planners approved a State Environmental Quality Review (SEQR) and site plan for Mega Properties, or Koolatron Corp., to construct a 158-by-158-foot warehouse with loading docks and new driveway at its industrial park north of the NYS Thruway.

They had no issues with the Canadian-based firm's plan that includes area variances concerning the building's distance to the property line and lot coverage since they were both close to the town code requirements.

According to Gordon Pringle, Koolatron manager, said the nearly $1 million project will result in the addition of a few more jobs. Currently, the manufacturing and distribution business employs eight people.

Batavia Sports Park to install second driveway

Parents of the growing number of youth soccer players who compete at Batavia Sports Park on Bank Street Road will be overjoyed to learn that CY Properties (Batavia Turf Farms) plans to put in a second driveway before the start of the 2017 summer season.

"This will be a one-way in, one-way out" setup, said Chuck Hoover, sales manager for Batavia Turf Farms and liaison between the firm and the Batavia Soccer Club. "The traffic flow will be much safer, especially for those coming out of the park."

The new driveway will be situated closer to the intersection of West Saile Drive, near the company's maintenance building. As it stands now, cars are required to come in and exit via a narrow stone driveway across the street from New Hope Ministries.

Town planners approved the SEQR and the site plan, with the latter contingent upon engineering and design approvals by the town. They also are requiring CY Properties to obtain documentation from the State Historic Preservation Office (SHPO) as to the project's impacts on archaeological resources.

Hoover said the town initially partnered with CY Properties in the venture, which currently has 12 soccer fields, by providing funding and other support, but is gradually reducing its involvement.

"That's one of the reasons we're looking to expand (the operation beyond summer soccer)," he said. "We've already hosted lacrosse tournaments and on Nov. 19 we will be hosting a flag football tournament with 20 teams. And we have an opportunity to land a couple of elite soccer tournaments that would have an economic impact of $400,000 to $500,000 over a two-week period."

Hoover said the project also includes adding a few more soccer fields and additional parking. He said the driveways would be blacktopped near the highway.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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