From State Senator Michael Ranzenhofer, 61st District:

As the 2020 Legislative Session continues, Legislators are discussing several major policy changes. It is extremely important for me to hear directly from residents about issues facing New York State.  

This year’s community survey includes topics such as criminal justice reforms, strengthening vaccination requirements, making New York more affordable and the current $6.1 billion budget deficit.

Many of these topics are being actively debated and time is running out for you to share your opinions about these matters before they come to the floor for a vote.

Please take a moment to share your opinions with me.

Click here to take my 2020 Legislative Questionnaire

Batavia City Council Member Robert Bialkowski took a swipe at the state governor Monday night as he voted “yes” to setting a public hearing on Feb. 24 to override the property tax cap.

“I’d like to thank Governor Cuomo and his cronies for doing this to us,” Bialkowski said, referring to a proposed state budget that includes revenue generated by video lottery terminals at Batavia Downs Gaming – money that has always gone to municipalities, such as the City of Batavia, that host VLT gaming.

City leaders are scrambling to come up with ways to plug the gap caused by the potential loss of more than $440,000. A recommendation from City Manager to cut expenses and raise taxes in the 2020-21 budget (see Monday’s stories in The Batavian) currently is on the table.

Discussion during last night’s Special Conference Meeting centered on Moore’s recommendation and the governor’s action that, according to City Council President Eugene Jankowski, came as a surprise.

“Three years ago, we started using it (VLT money). “We were going to use it to offset taxes again this year and it got pulled from us without any advance warning,” Jankowski said.

He said that he hoped that pressure from state senators and assembly members would be able to change the governor’s mind about the VLT funds, but if not, thought the city would be in a better position to budget properly in 2021-22.

Moore said the loss of the VLT money is “fairly substantial” and credited the City’s department heads with delivering ways to cut expenses.

He warned against using unallocated cash tied to the workers’ compensation fund.

“We’ve got to be careful with that,” he said. “There’s a strong determination on my part … I needed to listen to them (staff) and to the data. We can not use those funds. They need to be there in case of claims, which could be $100,00, $200,000 or $500,000 in a single shot, and they come unexpected.”

Jankowski emphasized that Monday’s vote was just to schedule the public hearing – not to override the tax cap at this juncture.

He also made it a point to explain that the City was holding back on hiring an employee to handle additional paperwork caused by the state’s bail reform and discovery law changes and an additional school resource officer.

“We have no choice other than to take it out of reserves … and that is not a good idea,” he said.

On another front, Council members heard from Richard Unlauf, a city resident, who sought approval from the board to construct a skate park in the City and “hopefully within a City park.”

Umlauf said he has been in touch with the Tony Hawk Foundation and Ralph C. Wilson Foundation, which offer grants – one for $250,000 (a matching dollar-for-dollar grant) and another for ecological studies in the amount of $50,000.

“It’s a project that is close to me as I am one of the kids that benefitted from the previous park,” Umlauf said. “It kept me free and clear (of trouble).”

Umlauf volunteered to head a committee to look into such a project, adding that several residents have reached out to him to express their interest.

In response, Council Member Paul Viele asked about the liability to the City. Jankowski called for more information and Kathleen Briggs wanted to know more about the grant possibilities.

Moore said a skate park brings a number of different factors into play as far as insurance is concerned and was backed by City Attorney George Van Nest, who said that a skate park could add “different layers” to the insurability process.

“You need to make sure there is ample insurance and analyze the risk and cost associated with taking that on,” he said.

Council Member Rose Mary Christian suggested that Umlauf continue with his efforts and report back to Council next month.

On another matter, Moore reported that a committee formed to look into the deer overpopulation problem in the City has met twice and is looking at eight different areas or zones.

“They are looking at which ones to tackle first … to get the best bang for the buck – or probably the doe at this point,” he said, pun intended.

Press release:

“Governor Cuomo has done everything in his power to give the Democrats an advantage in this special election, but Chris Jacobs has won tough races before. We are confident that on April 28th, Western New Yorkers will choose Chris Jacobs, a conservative who will support President Trump’s agenda, end sanctuary cities and stop the socialist government takeover of healthcare that will bankrupt Medicare for seniors over Nate McMurray, who wants to impose a socialist agenda, supports Bernie Sanders’ Medicare for All scheme, opposes the border wall and supports amnesty.”

The Batavia City Council tonight voted to schedule three public hearings for 7 p.m. Feb. 24 dealing with the 2020-21 budget ordinance, including a resolution introducing a local law to override the state’s property tax cap.

The tax cap has become an issue in light of the possibility that the municipality could lose more than $440,000 in Video Lottery Terminal money from Batavia Downs Gaming as proposed in Gov. Andrew Cuomo’s tentative state budget.

City leaders are considering a 7.5 percent property tax increase (much greater that the 0.97 percent increase that was part of City Manager Martin Moore's original budget) along with spending cuts to close a projected $700,000 gap.

If adopted, the tax rate would go from $8.92 to $9.60 per thousand assessed valuation.

The other public hearings are on the budget itself – a $17.8 million general fund spending plan – and to establish new water rates (3.5 percent increase), meter fees (66 cents per quarter increase) and capital improvement fees.

Watch for more details on the discussion over the VLT and tax cap issues on Tuesday.

In other action, Council passed the following resolutions:

-- Adoption of the Genesee County 2019 Hazard Mitigation Plan to serve as the City’s Hazard Mitigation Plan, a measure that would permit the City to receive federal pre-disaster mitigation funds.

-- Acceptance of a $25,481 STOP-DWI grant from Genesee County to be utilized throughout the year and a $22,500 with LaBella Associates of Rochester to facilitate the acceptance of a $300,000 New York Main Street grant as a match for private investments to undertake proposed building improvements within the Batavia Business Improvement District.

-- Sale of a 12- by 50-foot parcel of property next to Eli Fish Brewery Co. in Jackson Square for the company to expand their offerings to include outdoor dining. The sale price was $840.

-- Appointments of Lois Gerace to the Board of Assessment Review, and Council members Rose Mary Christian and Paul Viele as marriage officers to have the authority to perform wedding ceremonies.

Photo: City Council President Eugene Jankowski reads a proclamation commending retired Assistant Police Chief Todd Crossett for his 21 years of "dedicated service" and for being a "positive role model." Crossett said it always was his dream to be able to serve in law enforcement in his hometown, stating that it was an "honor and a pleasure" to be a part of the Batavia City Police Department. Photo by Mike Pettinella.

A chimney fire is reported on the Tonawanda Indian Reservation at 7748 Sand Hill Road. Alabama Fire Department is responding along with mutual aid from Pembroke and Indian Falls fire departments.

The location is between Hopkins and Shanks roads.

UPDATE 4:45 p.m.: Alabama command is holding the assignment to units now on the road.

Information from press releases.

WASHINGTON, D.C. -- U.S. Agriculture Secretary Sonny Perdue designated 43 New York counties, including Genesee County, as primary natural disaster areas.

This designation allows the Farm Service agencies in affected states to extend much-needed emergency credit to producers recovering from natural disasters. Emergency loans can be used to meet various recovery needs including the replacement of essential items such as equipment or livestock, reorganization of a farming operation or the refinance of certain debts.

The deadline to apply for these emergency loans is Sept. 29.

Excessive Rain

Producers in Albany, Allegany, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Livingston, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Washington, Wyoming, and Yates counties, who suffered losses due to excessive rain that has occurred since April 1, 2019, are eligible to apply for emergency loans.

Producers in the contiguous New York counties of Broome, Cattaraugus, Cortland, Dutchess, Jefferson, Lewis, Madison, Orange, St. Lawrence, Tompkins, Ulster, Warren, and Wayne, along with Berkshire County, Mass.; Bradford, Erie, McKean, Pike, Potter, Susquehanna, Tioga, Warren, and Wayne counties in Pennsylvania; and Addison, Bennington, Chittenden, Grand Isle, and Rutland counties in Vermont, are also eligible to apply for emergency loans.

"The farmers in Genesee County were certainly affected by excessive moisture in the spring," according to Molly Preston, the GC executive director of the local Farm Service Agency, which has an office on Liberty Street in Batavia.

"However, many of the farmers were able to get crops planted, even if it was a bit later than usual. 'The cows need to be fed' was the response from many farmers when asked if they were able to get all their crops in.

"In Genesee County there were approximately 12,500 acres reported as prevented (from being) planted. There are roughly 150,000 acres reported (as planted) annually in Genesee County.

The main crops affected locally were corn and soybeans, but some vegetable crops were also affected. In addition, some new seeded forages were delayed from being planted during the normal planting period, Preston says.

Excessive Rain, Flash Flooding, and Flooding

Producers in Cattaraugus, Jefferson, Lewis, and Madison counties, who suffered losses due to excessive rain, flash flooding, and flooding that has occurred since April 15, 2019, are eligible to apply for emergency loans.

Producers in the contiguous New York counties of Alleghany, Chautauqua, Chenango, Cortland, Erie, Herkimer, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, and Wyoming, along with McKean and Warren counties in Pennsylvania, are also eligible to apply for emergency loans.

FSA will review the loan applications based on the extent of losses, security available and repayment ability.

FSA has a variety of additional programs to help farmers recover from the impacts of this disaster. FSA programs that do not require a disaster declaration include: Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program; Emergency Conservation Program; Livestock Forage Disaster Program; Livestock Indemnity Program;Operating and Farm Ownership Loans; and the Tree Assistance Program.

Farmers may contact their local USDA service center for further information on eligibility requirements and application procedures for these and other programs. Additional information is also available online at farmers.gov/recover.

Faced with the possibility of losing out on more than $400,000 annually from Video Lottery Terminal revenue generated by Batavia Downs Gaming, the Batavia City Council has called a Special Conference Meeting at 7 tonight to consider an additional property tax increase in its 2020-21 budget.

A memo dated Feb. 5, 2020 from City Manager Martin Moore to City Council undoubtedly will trigger strong debate among Council members during their meeting at City Hall.

The regular Business Meeting that includes the setting of public hearings on Feb. 24 for the budget ordinance as well as water rates, meter fees and capital improvement fees is scheduled after the Conference Meeting.

Moore’s memo suggests that Council needs to “come up with a combination of $700,000 in cost savings and revenues to pass a sustainable budget” by reducing expenses by $350,000 and increasing the property tax levy by $350,000 from the currently proposed levels.

Doing this would require an override of the state-imposed property tax cap, which also is subject to a public hearing (that would be slated for Feb. 24).

Moore’s original proposed budget lists a tax rate increase of 0.97 percent (below the property tax cap) -- $8.92 per thousand of assessed valuation last fiscal year to $9.01 per thousand.

The revised proposal would raise the tax rate to $9.60 per $1,000 of taxable assessed value – a jump of 7.5 percent.

Originally, Moore recommended, along with the 0.97 tax levy increase, the following:

-- Using $259,100 in General unassigned funds;
-- Using $225,000 in Water unassigned funds:
-- Transferring $257,400 in unassigned funds from workers’ compensation into the General fund;
-- Reducing funding requests by $500,000 (vehicles, new positions to cover bail and discovery law requirements, capital project and equipment reserves, travel costs, etc.).

With Gov. Cuomo’s proposed budget calling for the elimination of VLT money to municipalities, the outlook has changed dramatically, Moore contends.

Moore’s memo states that after an extensive review of past City budgets, his original recommendation for the use of $257,540 unallocated cash from workers’ comp is “unsustainable.”

Toward that end, he writes that his new proposal of balancing the $700,000 burden equally between expenses and revenues “retains our ability to accomplish the following”:

-- Maintain a high credit rating and keeping the tax rate below $10;
-- Cover unexpected budget cost overruns and emergency purchases;
-- Maintain room in the budget to provide for a school resource officer, salary and benefits for all employees, and increases in repeated criminal offense due to bail reform;
-- Cover insurance-related deductibles and potential claims;
-- Assign fund to capital, retirement and/or insurance reserves;
-- Maintain lower levels of “fiscal stress” by maintaining the total General fund balance and assigned and unassigned General fund balances as a percent of gross expenditures, the cash position of the combined funds, and reducing the likelihood of operating deficits.

Press release:

Nate McMurray, the Democratic candidate in NY-27, has issued the following statement in response to Governor Cuomo calling for a Special Election today. 

“After months of uncertainty, Western New Yorkers will finally get representation in Congress," McMurray said. " It is clear that our base is fired up and ready to send a message to Washington: The people of NY-27 aren’t simply going to fall in line behind a single party while Washington robs us of our Social Security and healthcare.

"We are going to remind them that we’re not sheep -- we are farmers, veterans, and hardworking taxpayers and we deserve real representation from someone who will stand up for our working families. I’m not going to Washington for any Party or political insiders, I’m going for the people of Western New York."

Mike Rapone is retiring this spring as the varsity baseball coach at Notre Dame High School in Batavia after a 12-year stint as head coach.

Rapone will remain in his other roles at Notre Dame: as assistant principal; as athletic director; and the varsity basketball coach. Rapone is also Genesee Region Boys Basketball chairman.

While head coach of varsity baseball, Notre Dame teams posted a record of 163-92 winning Sectional titles in 2008 and 2014. Both of those years, they also advanced to the New York State Public High School Athletic Association Final Four.

His teams won six Genesee Region titles and lost in the Sectional Finals four times.

Notre Dame is accepting applications to replace him through Saturday, Feb. 29 -- the deadline.

Applicants must have or be willing to secure NYS Coaching Certification.

Please send cover letter and resume to michael.rapone@ndhsbatavia.com

Or mail them to:

Notre Dame High School, Attn. Mike Rapone, Athletic Director, 73 Union St., Batavia, NY 14020. 

(File photo by Jim Burns of Coach Mike Rapone, January 2017.)

The news division of the Australian Broadcasting Corp. has released an in-depth documentary about Chris Collins and his insider trading of the Sydney-based company Innate Immunotherapeutics.

It contains new -- at least new us -- as well as previously reported but largely overlooked information about the Collins, the trade, the company, and, most importantly, Australian law, and how Collins and Innate allegedly broke it.

The documentary also suggests, though doesn't spell it out, that Innate was itself a fraudulent scheme (while making no suggestion that Collins was aware of the scheme; rather, in fact, he may have fallen prey to it).

Jerry Zremski, the Washington bureau chief for the Buffalo News, and Michael Caputo, a political and marketing consultant who is a longtime friend of the former congressman, make several appearances in the documentary.

Alexander Edward Seegar, 30, of East Main Street, Corfu, is charged with endangering the welfare of a child and unlawful imprisonment in the second degree. He was arrested at 8:45 p.m. on Feb. 6 following the investigation of a domestic incident that occured at 2:30 p.m. that afternoon. It is alleged that Seegar acted in a manner likely to be injurious to a child under age 17 and that he prevented a person from being able to leave the incident by restraining tham. Seegar was arraigned in Village of Corfu Court and released. He is due back there on March 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Thomas J. Wolcott, 35, of Buffalo Street, Bergen, is charged with second-degree harassment and obstruction. He was arrested after a disturbance at 7:10 a.m. Feb. 5 on Bank Street in Batavia. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was then released on his own recognizance and is due back in court on Feb. 11. The case was handled by Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Anthony Wade Travis, 56, of South Street Road, Le Roy, is charged with unauthorized use of a vehicle without the owner's consent, and grand larceny in the third degree -- a Class D felony. He was arrested and arraigned in Le Roy Town Court on Feb. 7 for allegedly using a vehicle without permission at 7:07 p.m. on Jan. 18 in the 9300 block of South Street Road in Le Roy. Travis is due to return to Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Andrew Mullen.

John Patrick Cummings, 39, Dodgeson Road, Alexander, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; failure to use designated lane; failure to keep right (on a two-lane road); and failure to stop at a stop sign. Cummings was arrested at 1:37 a.m. on Feb. 5 on Ross Street in Batavia. Batavia Police Officer Nicole McGinnis noticed a vehicle that was driving erratically and she stopped it. After an investigation, Cummings was arrested on the charges. He was issued multiple tickets and is due to be arraigned in Batavia City Court on Feb. 19. McGinnis was assisted by Officer Joshua Girvin.

Jacob M. Paige, 19, of Bank Street, Batavia, is charged with criminal contempt in the second degree. Paige was arrested after allegedly being found in the presence of a protected party at 8:11 a.m. on Feb. 4 on Bank Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Felicia DeGroot.

In boys basketball on Saturday:

• Oakfield-Alabama beat Pavilion 67-45
• Batavia lost to Odyssey 66-58

In girls' basketball, O-A beat Pavilion 53-40. MaKena Reding scored 16 points. Brianna Smith scored 13 and had six rebounds. Brooke Reding scored 12 and Kelsey Schlagenhauf scored nine and had 10 rebounds.

The Oakfield-Alabama cheerleaders also won the Genesee Region Division II championship.

Photos by Kristin Smith.

For more Oakfield-Alabama photos click the links below:

• Girls JV
• Girls Varsity
• Sixth Grade Girls
• Boys Varsity
• Boys JV

Roxanne Noeth took this picture of an eagle in the area of Lockport Road, Oakfield.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.43, down 4 cents since last week. One year ago, the price was $2.28. The New York State average is $2.63 – down 3 cents from last week. A year ago, the NYS average was $2.47. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.62 (down 1 cent since last week)
• Buffalo -- $2.57 (down 1cent since last week)
• Ithaca -- $2.64 (down 2 cents since last week)
• Rochester -- $2.59 (down 3 cents since last week)
• Rome -- $2.63 (down 1 cent since last week)
• Syracuse -- $2.50 (down 4 cents since last week)
• Watertown -- $2.64 (down 3 cents since last week)

The national average price for regular unleaded gasoline is $2.43 per gallon, which is 4 cents less than last week, 16 cents less than a month ago, and 16 cents more than a year ago. Data from the Energy Information Administration (EIA) shows that a high level of gasoline stocks and low demand continue to put downward pressure on pump prices across the country.

From GasBuddy:

"The nation's gas prices continue to fall to fresh lows as coronavirus fears continue to put a choke hold on oil prices, leading to the fourth straight weekly decline in the national average," said Patrick DeHaan, head of petroleum analysis for GasBuddy. "All but a handful of states saw their averages decline over the last seven days, leading to plenty of smiling faces, but especially in the 21 states where at least one station is offering gasoline under $2 per gallon.

"It's impressive that in those 21 states, a total of over 10,000 stations are offering such low prices. With continued worries of economic slowdown due to the spread of coronavirus, I don't think the impact to oil is done yet, and for now, motorists are poised to see another week of falling gas prices."

Le Roy's varsity track and field teams swept the LCAA Championships. It was the eighth straight championship for the boys and first-ever for the girls.

Photo and information submitted by Tim McArdle.

Andrew Englerth, Le Roy, is the Section V Class B2 wrestling champion at 160 pounds. He also won the most outstanding wrestler. His season record is 43-0 as he heads to the state quarterfinals.

The Oatkan Knights were fifth overall in the Section V championships.

Sec V Class B2 Wrestling Championships Team -- fifth overall Top Knights:

• First, Joey Brennan, 126 pounds
• First, Andrew Englerth, 160 pounds
• Second, Nate Andrews, 152 pounds
• Second, Cole Rauscher, 145 pounds
• First, Phil Hahn, 195 pounds

The state qualifiers are Friday at SUNY Brockport.

Information and photos submitted by Tim McArdle.

Statement from State Sen. Michael Ranzenhofer:

As you may know, the federal government recently announced that it will no longer process new NEXUS applications from New York State. While this is extremely disappointing, it is not a surprise. Many senators, including myself, raised concerns with provisions of New York State’s Green Light Law, which ban the federal government from accessing DMV records.   

Despite warnings from the federal government when Green Light was being advanced, the Democrat majorities in the Senate and Assembly passed the bill. Meanwhile, the Governor dismissed warnings as nothing more than divisive, fearmongering. While the Governor continues to claim bias and point to a limited number of states that issue licenses to illegal immigrants, he fails to mention that these states do not prohibit law enforcement from accessing DMV data. Even California has agreements in place to share data with federal law enforcement. 

The federal government has sole authority and enforcement power over immigration and border security policies. If New York State decides to withhold information that federal agencies deem necessary for entry into the United States, the federal government has every right to deny travel privileges. In the end, NEXUS is a federal program and the federal government can decide who is eligible and what guidelines must be meant. If New York State chooses to pass policies that go against such guidelines, the state must accept the consequences.  

It is important to note that if you currently have NEXUS, you may not be effected immediately. However, you will not be able to renew when your current card expires. 

I am hopeful that New York State will take appropriate steps to ensure that residents again have access to NEXUS.