Press release:

State Senator Michael H. Ranzenhofer has announced today that the new budget will help to jump-start more infrastructure improvement projects throughout Western New York. The 2017-18 State Budget allocates $29 billion for transportation funding, representing a nearly $2 billion year-over-year increase.  

“The new budget delivers Upstate New York’s fair share of state transportation dollars and commits a record level of funding for critical projects. This funding boost will help to improve the condition of our infrastructure and strengthen our economy,” Ranzenhofer said.

The new budget increases funding by:
• $1.5 billion to accelerate statewide road and bridge projects;
• $65 million for local infrastructure repair projects; and
• $50 million for the local Bridge NY program.

A total of $603 million in funding will help municipalities with additional infrastructure improvement projects. The budget allocates $438 million for the Consolidated Local Street and Highway Improvement program (CHIPS), $100 million for the Pave NY program and $65 million for the Extreme Winter Recovery program.

“A record level of state funding will be going directly to local governments to help with repairs to improve Western New York’s highways, roads and bridges. Our crumbling infrastructure has been rated poor in the past. This funding is desperately needed,” Ranzenhofer said.
 

Genesee County

Municipality

2016-17 Budget* ($)

2017-18

Budget** ($)

Year-over-year Change ($)

Percent Change

City of Batavia

379,842

425,876

46,034

12.12

Town of Alabama

105,551

121,796

16,245

15.39

Town of Alexander

109,523

126,130

16,607

15.16

Town of Batavia

127,274

146,125

18,851

14.81

Town of Bergen

60,626

69,819

9,193

15.16

Town of Bethany

96,001

110,065

14,064

14.65

Town of Byron

118,132

136,721

18,589

15.74

Town of Darien

129,420

149,353

19,933

15.40

Town of Elba

94,073

108,934

14,861

15.80

Town of Le Roy

123,035

141,741

18,706

15.20

Town of Oakfield

62,166

71,370

9,204

14.81

Town of Pavilion

127,126

146,205

19,079

15.01

Town of Pembroke

117,583

135,045

17,462

14.85

Town of Stafford

116,921

134,716

17,795

15.22

Village of Alexander

10,920

12,522

1,602

14.67

Village of Bergen

24,213

27,495

3,282

13.55

Village of Corfu

16,418

18,971

2,553

15.55

Village of Elba

10,989

12,478

1,489

13.55

Village of Le Roy

91,833

105,458

13,625

14.84

Village of Oakfield

34,468

39,646

5,178

15.02

County of Genesee

2,056,583

2,297,067

240,484

11.69

The issues of an aging jail population, women involved more often in habitual criminal activity, and a greater availability and use of illicit drugs continue to vex local officials struggling to maintain cost controls on the Genesee County Jail.

Sheriff William Sheron and Jail Superintendent William Zipfel briefed members of the Genesee County Legislature at yesterday's Public Service Committee meeting on the issues that make jail operations difficult.

The expense of female inmate transport has been an ongoing issue for the past several years and the number of female inmates has held steady recently. Some of the transports have taken deputies further away from the county because of inmates with more serious issues.

Sheron said inmates have had to be placed in jails as far away as Wayne and Steuben counties.

"These are individuals for whom we’ve exhausted every alternative to incarceration," Sheron said. "They’ve been through the cycle. They’ve been before the judge many times and, basically, there is no place to put them but in jail."

Zipfel first raised the issues of older inmates and more drug problems during budget discussions in October. The problem may not have grown since then, but it's not going away.

To illustrate the kind of tougher inmate population correctional officers are dealing with these days, Zipfel told legislators about an inmate brought into the jail Friday night. He had been combative with the arresting officers but calmed down after being admitted into the jail. He was allowed to mingle with the general population, but later in the evening, he started to cause problems. He was locked in an isolation cell.

Over the course of the night, Zipfel said, the inmate slept maybe 15 minutes.

"He kicked the isolation cell door so hard and so often throughout the night that he took it off its tracks," Zipfel said. "I had never seen that in 30 years."

He had been tested for drugs and the results were negative, but a second sample was tested for PCP, Zipfel said, and that was negative.

It was only because a county mental health worker and a judge were available on a weekend that jail officials were able to transfer him to a mental health ward at another facility.

"It’s because of those relationships that are very unique to this county, that you don’t see anyplace else, that we were able to make that happen," Zipfel said. "If we hadn’t been able to make that happen, that would have cost us more over time."

The rise in opiate use is also having an impact on the jail. More and more inmates are coming in who, if not on opiates at the time, they are addicts, and if any newly incarcerated inmate is high on an opiate, then that creates another burden on correctional officer time.

"The commission has come down and said that now if somebody is under the influence of opiates, they’ve got to go on constant watch until medically cleared, which could take some time," Sheron said. "That’s a new directive that has come up in the last six months."

The subtext of all these issues is that the Sheriff is operating an old jail not designed to house female inmates, or deal with the growing medical, mental health and substance abuse problems present in the current jail population.

A new facility would help increase command and control, officer safety, as well as better meet the medical and mental health needs of inmates, Sheron said.

“Those are the kind of issues that the corrections commission is very forthright (in telling us) that we need to address,” Sheron said.

The man who broke into a local Mexican restaurant twice in a single night with the intention of stealing from the business in January will serve from two to six years in state prison, Judge Charles Zambito ruled in County Court this afternoon.

The attorney for Andrew Kosiorek, 44, argued that given his client's troubled background with no real chance at reform, a shorter prison term with community-based assistance might be appropriate.

But Zambito said when looking at Kosiorek's lengthy criminal record -- three stints in prison, five in jail, and several violations of either parole or probation, he has had a chance to overcome his background.

Attorney Jamie Welch said Kosiorek was put into foster care at a young age, probably because his parents were drug users, and that Kosiorek has been an addict his entire life.  

Kosiorek, who admitted to a single count of burglary, 3rd, said he started using drugs when he was 12.

Welch said Kosiorek broke into Rancho Viejo on Ellicott Street only because he was drunk and high at the time.

"Since he was a young man, his issues with substance abuse have never really been addressed," Welch said.

Kosiorek said he accepted full responsibility for his actions.

"I would like to get help," Kosiorek said. "I'm too old to keep doing the things I'm doing."

Zambito agreed that Kosiorek got a poor start in life, but as an adult, there's no doubt he's had plenty of opportunities to address his addictions and he hasn't done it. He also said if he really wants to address those issues, there are opportunities in prison.

A Brockport woman has been charged with offering a false instrument for filing in connection with a motor-vehicle accident where she allegedly gave false information about another vehicle hitting a pedestrian on Route 33 in Stafford.

Katelyn Marie Brown, 23, of Falling Leaf Trail, Brockport, is accused of saying a silver SUV struck the pedestrian at 3:21 p.m., March 19.

Brown allegedly told deputies that a silver SUV had been driving in front of her and struck the pedestrian before leaving the scene.

There's no evidence a silver SUV was involved in the accident.

Brown had previously been issued citations for alleged aggravated unlicensed operation, 2nd, failure to use due care and caution for a pedestrian, and moving from lane unsafely. 

The accident was investigated by investigators Chad Minuto and Joseph Graff.

A 31-year-old resident of Wyoming has been arrested and accused making up information about a car-tree accident at 2:35 a.m., June 10, on Fargo Road, Stafford, where a disabled passenger was seriously injured.

Nicole Kimberly Sullivan, 31, of North Main Street, Wyoming, is charged with assault, 2nd, endangering the welfare of an incompetent or physically disabled person, falsely reporting an incident, and operator leaving the scene of an accident with injuries. 

Sheriff's Office investigators say that following the accident, Sullivan was the actual driver of the vehicle, even though she initially told responders that the driver had left the scene. Firefighters and deputies then conducted an extensive search of the area for the possible driver, both to locate the driver and out of concern that the driver could be injured.

Later that morning, Sullivan admitted to deputies that she was the driver of the vehicle.

The passenger, Zachery W. Schwarts, 20, was transported by Mercy Flight to Strong Memorial Hospital.

Investigator Joseph Graff and Deputy Eric Meyer, who assisted in the investigation, assert that Sullivan failed to report the accident as soon as she was physically able to do so and that she failed to make timely notification of the need for medical assistance for the injured passenger.

Sullivan was also issued citations for driving left of pavement markings, unlicensed operator, aggravated unlicensed operation, 3rd, failure to notify DMV of address change, no seat belt, and unregistered motor vehicle.

Also assisting in the investigation, Sgt. John Baiocco.

Top Photo: File photo.

The board of directors for the Soil and Water Conservation District has improved how it handles financial transactions following an audit by the NYS Comptroller's Office, according to a report released by the office.

The audit found deficiencies in the board's oversight for ensuring all revenue received was recorded with a receipt and that disbursements of payments were also properly recorded.

Starting Feb. 8, the board examines each claim (either a bill or invoice) and matches it to the proper abstract to determine its legitimacy and correctness, said Board ChairnShelly Stein, in a report sent back to the comptroller's office.

While auditors found no evidence of missing or mishandled funds, the audit report said the lack of detailed oversight by the board "creates a risk that payments may not be for appropriate purposes."

Auditors reviewed cash receipts totaling $947,000 and 170 nonpayroll cash disbursements totaling $227,000.

Kayla Simone Foster, 27, of Brunswick Boulevard, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, reckless driving, speeding, and failure to keep right. Foster was allegedly observed driving in the wrong lane in excess of 55 mph at 11:52 p.m., Friday, on Route 33, Byron. Foster was stopped by Deputy Eric Meyer and also charged with tinted windows, failure to attach registration, and failure to notify DMV of change of address.

Cristina Gabriele Vella, 24, of Pat Street, Rochester, is charged with unlawful possession of marijuana and speeding. Vella was charged following a traffic stop at 6:47 p.m. Saturday on Route 77, Pembroke, by Deputy Micheal Lute. Also charged with unlawful possession of marijuana was Nicholas Joseph Niedbala, 25, of Manitoba Woods Lane, Spencerport.

An employee at the Econolodge in Pembroke told dispatchers she had to lock herself in a closet because of the conduct of a person in the lobby.

The activity was described as "unwanted advances" by the female guest. 

The woman has apparently left the front desk area now, but the caller reports she kept repeating the phrase "the angels are with us."

She also reportedly "destroyed" the front desk area.

It's not known what room she is staying in.

Law enforcement is responding.

UPDATE 6:28 a.m.: The female has been located in front of the Flying J.

A motor-vehicle accident, with one person "possibly injured," is reported on the eastbound Thruway at mile marker 402.5. A car struck a wall. It is blocking both lanes of traffic on top of the Route 5 overpass bridge of the Thruway. Pembroke and Indian Falls fire departments are responding along with Mercy medics.

UPDATE 4:18 a.m.: A male is out and walking around. His vehicle has heavy front-end damage and there was air-bag deployment. State troopers are responding.

UPDATE 4:24 a.m.: "We're being told the driver left the scene," says a first responder. About 200 feet of the guard rail on top of the bridge is down and the Thruway Authority is being notified of this. The left (inside) lane of traffic is flowing smoothly, but the other lane remains blocked.

UPDATE 4:44 a.m.: The male at the scene has minor injuries and is being transported to UMMC. The Pembroke and Indian Falls assignment is back in service.

The Easter Bunny paid a visit to Foxprowl today. Owner Bill Hume sent in these pictures.

Reader submitted photos.

Brad Lamie and Kyle Palmer are putting the full meaning of full service back into the full-service gas station they took over at 100 W. Main St., Le Roy.

The station, now known as Le Roy Express, was full service before, but since buying the business, they've gone beyond just pumping gas for customers to also cleaning windows and checking oil, if needed, just like the old days of the gas station business.

"I think (full service) is what draws people, especially in the winter," Palmer said. "Nobody wants to get out of their cars and pump gas."

Lamie, from Elba, and Palmer, from Pavilion, have been spiffing up the business, which includes a car wash, and have even invested in matching shirts for themselves and employees (though not for the Easter Bunny, who paid a visit today).

The duo met while working together at Townsend Oil in Le Roy and when their boss decided to sell his gas station, they saw it as an opportunity to go into business for themselves.

"We've both always wanted to buy a gas station and this became available so we jumped on it," Lamie said.

A house becomes a home when it's filled with love, Pastor Vern Saile reminded the Odom family today during the dedication of their Habitat for Humanity restored house on State Street, Batavia.

"The Bible says unless the Lord builds the house, its builders labor in vain," Saile said. "I know the Lord has been building this house. ... I know much of the Lord’s love has been in every nail that’s been pounded into the wall and every board that’s been put up and everything that’s been painted and sanded and cleaned."

The Odoms -- Brandon, Tiffany, Madden, 9, and Maleeya, 1 -- expressed gratitude for their new home and Brandon said he will never forget the volunteers who helped with the project over the past 11 months while he put in 500 hours of labor into the project. He won't forget, he said, restoring the hardwood floor upstairs or putting in the tile of the backsplash in the kitchen.

"Brandon was meticulous in his work," said Jaylene Smith Kilner, executive director of Genesee County Habitat for Humanity. 

P.J. Riner, construction director, got a little choked up talking about the Odom family and Brandon's dedication to the project.

"He’s worked very, very hard," Riner said. "He’s been a joy to work with and I’m confident he’s going to be a key part of this community for a long time."

Brandon has worked at Home Depot for nine years and is a part-time as a bus driver.

For his part, Madden couldn't wait to show off his new bedroom to visitors following the dedication ceremony.

One of the next potential projects for Habitat, said Board President Lauren Casey, is the restoration of a house on Bloomingdale Road, Basom. The project is awaiting applicants from potential homeowners who qualify for a Habitat home.

Part of the tradition of a Habitat home dedication are symbolic gifts: bread, so the new owners may never know hunger; sugar, so the home is always sweet; light, so that the home never knows darkness; flowers, to fill the home with beauty; and, a Bible, so there is always a blessing on the house.

Lauren Casey

The proverbial “cupboard” is bare.

That’s the view of City Manager Jason Molino, who, in a letter dated April 10, 2017 and obtained by The Batavian in a FOIL request, indicated to the president of the Mall Merchants Association that the group has run out of money.

“Aside from prior year concerns, the Association’s cash position for the current fiscal year is at a deficit,” Molino wrote. “On April 5^th, the City recorded a payroll and payroll taxes transfer for the Association in the amount of $3,285.43. However, mail maintenance fees and revenue to date have only totaled $2,170.67. Therefore, the current cash position for the Association is a deficit of $1,114.76.”

The prior year concerns referred to by Molino are what he estimates as $18,000 in attorney fees and material costs expected to come in for February and March of this year.

“The estimate was based on prior year expenditures and the average of material costs from November through January,” he wrote.

Molino went on to state that the City needs cost summaries for services provided in February and March before it can complete its pre-audit preparation work and “make final payments with remaining cash balances for the prior year.”

Per the 1987 Settlement Agreement between the City and the Mall Merchants Association, the City is required to maintain all Association billing and accounting activities, with the Association’s funds subject to the City’s annual audit.

Molino’s letter paints a bleak picture in terms of the Association’s finances, and could further complicate the parties’ quest to ratify a proposed 11-point settlement framework released to the public in February.

At that time, Molino outlined a “settlement framework” for the City and Mall Merchants Association to end their lengthy dispute over maintenance and operation of the City Centre Mall.

That proposal calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

City Council signed off on the plan and expected the merchants to do the same.

Since then, an attorney for the merchants said the Association would not be agreeing to any settlement that didn’t grant easements for pedestrian and vehicle traffic for each property owner in the mall, and also accused the city of trying to force a settlement by “hoarding” nine foreclosed properties and refusing to pay maintenance fees.

Robert Chiarmonte, president of the Mall Merchants Association, reportedly is out of the area until Tuesday and could not be reached for comment.

However, Madeline Bialkowski, director of the mall, said today that Molino is misrepresenting the Association’s account by exaggerating the attorney fees and material costs for February and March.

“All of our actual bills are supposed to be turned in by next week, and we are asking our attorneys to get us their billing,” she said. “Actual bills will be much less than estimated. There won’t be a deficit once these bills come in.”

Bialkowski added some merchants have made their mall maintenance fees’ payment in advance and that she and her staff of three part-time employees are being paid.

According to documents obtained by The Batavian last month through a FOIL request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.