Stories from

A view of the Assembly Chamber at 1 a.m. this morning as the Legislature still has five budget bills to pass.

Submitted photo and statement by Assemblyman Steve Hawley.

“As usual, the state budget was passed in the middle of the night, rushed through the Legislature with little time for public input or discussion and ridden with contentious policy proposals that should be debated separate from a spending plan.

“I am concerned that the Gov. can now close up to three state prisons within 90 days and state leaders are content with ending bail for some felonies, putting the public at risk and sending the message that those who have broken the law should be given more and more leeway.

“While we did secure funding for key bridge repair and infrastructure projects I am concerned at the growing disparity between Upstate and Downstate infrastructure spending with the Metropolitan Transportation Authority (MTA) consuming billions of tax dollars per year with little oversight or accountability.

“I have been a champion of easing the burden on local governments for years and tonight our conference offered a budget amendment to fully restore Aid and Incentives to Municipalities (AIM) funding – this was shamelessly defeated by the Assembly Majority. Gov. Cuomo has drastically changed the AIM formula, forcing counties to fend for themselves instead of offering state help to bolster local services.

“I am pleased to see our direct-care professionals receive funding for retention and salary increases but more needs to be done to protect those who protect our most vulnerable New Yorkers. Our conference has advocated for a living wage for these dedicated men and women for years and will continue championing their cause until a true living wage is achieved.

“As session continues I will keep banging the drum for tax relief, an end to mandated Albany spending passed down to homeowners, reforming our charitable gaming laws and fighting the pro-criminal, anti-Second Amendment policies pushed by Gov. Cuomo.”

A  caller reports a large number of people fighting in the area of Brooklyn Avenue and Pearl Street in the city. Batavia PD is responding.

UPDATE (by Howard): When patrols arrived, most of the people in the area had dispersed, several by vehicle.

Top photo: Botts-Fiorito American Legion Post #576 Honor Guard members, from left, Don Schafer, Mike Saulsbury, Pat Mooney and Dick Feneran.

For the second year, Le Roy's Botts-Fiorito American Legion Post #576 held a ceremony to honor Le Roy's three Vietnam War dead on Friday, March 29, which was also the nation's second Vietnam Veterans Day since President Trump authorized the designation in 2017.

As with all official events at an American Legion post, a ceremony in remembrance and awareness of prisoners of war and those missing in action (POWs-MIAs) was held first. It is marked by a small table covered with a white tablecloth and on it sits a single rose in a vase, a white candle and a Bible; behind it is an empty chair with a POW-MIA covering.

The ceremony started at 5 p.m. and next the post's Auxiliary President Marlene McCumskey read remarks in commemoration of the service of three LeRoyans who died in the Vietnam War.

She said: "National Vietnam War Veterans Day on March 29 honors the men and women who served and sacrificed during the longest conflict in United States history (up to that time). Generations later, veterans of this time period are gaining the respect that was not so freely given upon their return.

"Involving five U.S. presidents, crossing nearly two decades and 500,000 U.S. military personnel, it left an indelible mark on the American psyche.

"In memory of the three area servicemen who gave the ultimate sacrifice in this effort, we place this wreath in memory of their service to this community, state and nation -- 'Greater love hath no man than this, that a man lay down his life for his friends...' In Memorium -- Gary Scott, Harry Van Alst, George Fry.

Then, outside, the Honor Guard performed a gun salute and the bugler, Tim Sheflin, played Taps.

"We put this together at the last minute," said Botts-Fiorito Post Adjutant Jerry Diskin. "We are hoping more people come out for it next year; we plan to keep having it. But it is controversial."

Diskin noted that Le Roy High School's Class of 1963 stands today as having the largest number of armed service members of any class there since World War II.

Photos courtesy of Joan Fernaays.

Below, Botts-Fiorito American Legion Post #576 First Vice Commander David Rumsey and Auxiliary President Marlene McCumskey.

Below, the POWs-MIAs ceremony with Botts-Fiorito American Legion Post #576 First Vice Commander David Rumsey, Adjutant Jerry Diskin, and Legionnaire John Rohl.

Heavy smoke and fire are reportedly coming from a residence at 109 Evans St. in the city. City Engine #11 is on scene, reporting a working structure fire at a two and a half story building. Smoke and flames showing. One person is still said to be inside.

All city platoons are called to respond. Mercy medics are on scene. Alexander's Fast Team is called for mutual aid; Town of Batavia is to report to its quarters; and Darien's rescue unit is called to the scene.

UPDATE 7:20 a.m.: An engine from Town of Batavia fire is called to the scene; one other from the town is to report to its headquarters for standby. Firefighters are working to extricate a person from the house on Evans Street.

UPDATE 7:28 a.m.: "Fire's been knocked down; looking for any hidden fire," fire command resports, and the person inside has been extricated and is being seen by medics. Utilities have been notified.

UPDATE 7:31 a.m.: "Looking for hot spots in the ceiling -- C side," reports command, "no fire below you (on the first floor)." A crew is called to the second floor to pull open the ceiling to check for extensions.

UPDATE 7:36 a.m.: Working to ventilate the structure now.

UPDATE 7:41 a.m.: Stairs to the second floor are bad. Firefighters are to enter and exit from the C side ladder. Water and electricity have been secured -- cut -- to the building.

UPDATE 7:45 a.m.: "We're hitting some fire from the Bravo-Charlie (C-D) corner." The male resident, who was pulled from the second floor, which was fully charged with smoke, is being transported to UMMC in emergency mode.

UPDATER 8:32 a.m. (by Howard): Alexander and Town of Batavia going back in service. Salvation Army requested to the scene to assist four adults. Code enforcement also requested to the scene.

Press release:

Tompkins Bank of Castile is celebrating its 150^th anniversary this spring. Together with our partners at Tompkins Insurance Agencies, and Tompkins Financial Advisors, we plan to acknowledge this important milestone in a number of ways and at several key events throughout the year.

The anniversary celebrations will kick off at the original Tompkins Bank of Castile branch on May 1 and continue at the bank’s annual WNY informational shareholders meeting on May 14 at 5:30 p.m. at the Genesee Country Village and Museum in Mumford.

A century and a half is certainly a long time, but it’s even more impressive when you consider that fewer than 5 percent of the banks currently operating today in the United States have been around as long as Tompkins Bank of Castile. What’s even more impressive is that Tompkins’ mission and values have remained the same, allowing us to consistently perform at a level ranking among the best in the industry. 

“For years, we’ve taken great pride in supporting the communities where we operate,” says John McKenna, president and CEO of Tompkins Bank of Castile. “We look forward to serving our customers for the next 150 years.”

Tompkins Financial Corporation is committed to creating long-term value for its clients, communities, and shareholders. Based in Batavia, Tompkins Bank of Castile serves the GLOW (Genesee, Livingston, Orleans and Wyoming counties and beyond), Rochester, and recently expanded into Buffalo with the opening of the new Amherst location.

“We believe in the power of the local people working together to help our communities grow and thrive,” McKenna continued.

Since 1869, Tompkins has valued its employees and invested in the communities they serve by volunteering and donating to charities, nonprofits and civic organizations.

The Bank is a subsidiary of Tompkins Financial Corporation, which is also parent company to Tompkins Trust Company, Tompkins Mahopac Bank, Tompkins Insurance Agencies and Tompkins Financial Advisors.

Together, Tompkins operates a total of 65 banking offices serving throughout New York and Pennsylvania. The Corporation as a whole takes pride in providing its clients with the highest-quality financial products and exceptional service.

Press release:

In keeping with its longstanding commitment to the community and marking the 150^th anniversary of the founding of Tompkins Bank of Castile, Tompkins Financial Corporation, one of the largest employers in the City of Batavia, has pledged $150,000 to support the new joint YMCA and Rochester Regional Health Healthy Living Campus in Genesee County.

The project benefits YMCA members and senior citizens by providing services to thousands of individuals currently residing in Genesee and neighboring counties.

This donation supports a $22.5 million land redevelopment project that includes the current YMCA and United Memorial Medical Center (UMMC) Cary Hall on Main Street in Batavia. The initiative will have a substantial impact on Main Street, which is home to the headquarters of Tompkins Bank of Castile and Tompkins Insurance Agencies.

“This project will be transformational for downtown Batavia and benefit thousands of community residents for many years to come,” said John McKenna, president and CEO of Tompkins Bank of Castile.

David Boyce, president and CEO of Tompkins Insurance, added, “We’re excited to play a pivotal role in a project that is going to bring such positive change to the community.”

This community initiative is expected to boost the regional economy by about $60 million in over a decade. Rob Walker, YMCA chief executive officer and Daniel Ireland, UMMC president, said that the Genesee County Economic Development Center anticipates $60,478,540 in benefits to the GLOW region— including jobs at the new campus and during construction.

Notice of Three Public Hearings

(1) Genesee County shall conduct a public hearing on fair housing practices and to identify any concerns and issues with fair housing practices in Genesee County. The public hearing will be held at the Old Courthouse, 7 Main St., Batavia, at 5:30 p.m., April 10. All persons who wish to speak will be heard. Written comments will be accepted upon delivery to: Clerk, Genesee County Legislature, 7 Main St., Batavia, NY 14020 prior to the hearing. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

(2) There has been introduced before the Legislature of the County of Genesee, a Local Law Introductory No. Two, Year 2019, which regulates the transfer of secondhand articles. The Genesee County Legislature will conduct a Public Hearing on the proposed law at the Old Courthouse, 7 Main St., Batavia, at 5:30 p.m. on April 10. All interested persons will be heard.

(3) A public hearing will be held at 4:30 p.m. on April 11 at the Old Courthouse, 7 Main St., Batavia, to discuss the implementation of the HP Hood LLC Project that received Community Development Block funding from the New York State Office of Community Renewal (Project No. 444ED893-17). The purpose of the hearing is to obtain citizen views regarding any aspect of the project’s implementation including, but not limited to any construction, financing, and employment opportunities resulting from the project. The hearing facilities are handicapped accessible. Written comments are invited and will be accepted upon delivery to the courthouse address above. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

Darien beekeeper and mead maker Michael Potoczak is managing to keep his chin up along with his spirits after a swift-moving fire early Sunday morning destroyed his businesses at 541 Bell Road.

Around 6 a.m. on March 24, callers half a mile away on Sumner Road called 9-1-1 to report the blaze. The Darien Volunteer Fire Department arrived on scene quickly, but the buildings which contained the beekeeping and winemaking equipment were already "on the ground."

A Sheriff's deputy pounded on the door of the nearby house to alert the residents, prompting the family's two dogs to bark, waking up Potoczak and his two sons -- who all got out safely, including the dogs. A beloved 14-year-old calico cat named Lily perished in the fire.

"I tried to save my diesel truck," said the 77-year-old, who is an associate professor emeritus of Math and Physics at the University of Buffalo. "But it was so hot I couldn't even get near it to open the door."

The cause of the fire is unknown.

"I've really stood strong. I just deal with it. But it does get emotional," Potoczak said, noting that he lost all the equipment that he had accumulated during 45 years of beekeeping and making wine from honey on his 150-acre property.

He's not sure what the future holds for the businesses -- Potoczak Bee Farms and Midgard Winery -- but he will have a better idea of whether starting completely over is possible once the insurance claims are settled in the coming weeks.

Turns out the metal buildings, 40' by 60', were insured but nothing inside them was covered.

"They really did a number on me," he said. "The insurance agent came out and I took him through and showed him everything. He said I'd have the same coverage; it's not even close. He put in zero where it said the value of the contents and I didn't notice that. You have to have someone who knows insurance read the document to know what it says."

By Potoczak's estimation, his loss is worth $400,000 or more. He figures the buildings' value at $250,000 (insurance says $130,000), plus he lost the heating furnace, a new skidster worth $33,000 and the $20,000 diesel truck; $75,000 in winemaking equipment including four stainless steel fermenting tanks worth $4,000 each, filters, and $85,000 in beekeeping equipment.

How much he can recoup will influence his decision whether to continue the businesses, which are intended as a way for his children to make a living.

His customers, he says, "have been phenomenal" and are encouraging him to start anew.

His beehives are all outside and located at different 20 sites for his WNY customers. The mead, which he has sold for about five years, can be found in 50 WNY liquor stores, including locations in Genesee County (Mr. Wine & Liquor), Wyoming County (Warsaw, Attica), Orleans County (Medina), and Erie and Chautauqua counties. The fermented honey wine is about 12 percent alcohol by volume, on a par with, say, cabernet sauvignon.

Regardless of what the future holds, Potoczak's daughter, Elizabeth Knaus, said she is grateful to everyone who came to her family's rescue.

"I would like to send out a big thank you to the emergency personnel who responded so quickly," Knaus wrote in an email. "Also to the our neighbors who could see and hear the fire and called it in. If it wasn't for them, I probably would not have my dad or my brothers today. Thank you!"

Photos courtesy of Elizabeth Knaus.

For initial report, click here.

Above, Assemblyman Steve Hawley [pictured center front] poses with a group of Vietnam veterans in Washington, D.C., during a previous Patriot Trip.

Submitted photos and press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today recognized Vietnam Veterans Day (March 29) by passing an official Assembly Resolution in Albany honoring the event.

Hawley, a veteran, son of a veteran and member of the Assembly Veterans’ Affairs Committee, offered his gratitude and best wishes to New York’s veterans of the Vietnam War and urged constituents to thank a family member or friend who served in Vietnam.

“Vietnam was one of the longest and most violent conflicts in American history with many brave young men, not long out of high school, answering the call of duty for their nation,” Hawley said.

“The campaign to defeat communism and the forces of evil claimed countless brave souls but today is dedicated to honoring their sacrifices and thanking those still with us for their commitment to their nation and its people.”

Below, Hawley poses with a veteran who served as a nurse during the Vietnam War in front of the Vietnam Nurses’ Memorial in Washington, D.C.

A one-vehicle rollover accident is reported in the area of 8810 Morganville Road (Route 237) in Stafford. It is blocking traffic. Stafford Fire Department is responding along with Mercy medics. A first responder on scene says the occupant is conscious and alert and has facial injuries.

Mercy Flight in Batavia is on ground standby. The vehicle is said to have rolled over several times.

Press release:

The results are in on workplace satisfaction and, for the second year in a row, the Batavia City School District was recognized as one of the best places to work in the Rochester area.

In addition to receiving a Democrat and Chronicle 2019 Top Workplace Award at a celebration event held at the Rochester Riverside Convention Center, the District also received an “I Love My Job” award in the large business category for the quantity and quality of the employee responses to a satisfaction survey.

Each year, the Democrat and Chronicle partners with a research and consulting firm to administer an anonymous employee survey on which the awards are based. All employees are invited to respond to questions that cover a variety of workplace factors such as meaningfulness of work, confidence in leadership, availability of training and support, inter-departmental cooperation, evidence of ethics and values, communication, and fair wages and benefits.

For Superintendent of Schools Christopher Dailey, the results of the anonymous and voluntary survey confirmed what he already believed to be true: “Our administration, faculty and staff are outstanding,” he said. “Together they create a culture that is dedicated to helping each student in our schools achieve his or her potential in every aspect of personal growth.

"In addition, our Board of Education, backed by our community, supports the administration in creating a positive environment for our students and staff to work, learn and grow.”

“This independent survey of all of our employees is an excellent recognition that defines our district as a great place to have a career that makes a difference in our world."

The future, he noted, will hold more of the same.

“We offer very competitive salaries and benefits to our employees, and outstanding professional development opportunities for their continued growth and development," the superintendent said. "BCSD also has tremendous facilities for enabling our employees to positively impact the lives of our students, and our 2020 Vision Capital Project will serve to enhance that.”

On March 25, the Le Roy Police Department arrested 19-year-old Sylvan P. Grayson, of Myrtle Street, Le Roy, and charged him with one count each of burglary in the second degree, a Class C felony, and grand larceny in the fourth degree, a Class E felony.

The arrest stems from a complaint that during the evening hours of March 4, people unlawfully entered a residence on Lake Street in Le Roy with intent to commit a crime and stole property while the tenants were away. It is alleged that Grayson stole more than $1,000 worth of property. 

He was arraigned in Le Roy Town Court and released on his own recognizance.

Thomas L. Crawford, 29, of Dorstone Road, Rochester, is charged with third-degree assault -- intent to cause physical injury. Crawford was arrested at 2:30 p.m. on March 25 on Liberty Street in Batavia after he allegedly struck a person in the forehead during an argument, causing a large laceration. He was arraigned in Batavia City Court and jailed in lieu of $2,500 bail. He was due back in city court on March 27. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Ryan Christopher Northup, 35, of Chamberlain Street, Rochester, is charged with: aggravated unlicensed operation in the second degree -- mandatory suspension; operating a motor vehicle with without a required ignition interlock device; leaving the scene of a property damage accident; and unlicensed driver -- license revoked. On March 24 in the Town of Bergen, Northup was arrested during a vehicle checkpoint conducted by GC Sheriff's deputies on Route 33. It is alleged that Northup, while attempting to avoid the checkpoint, pulled into a driveway and missed it, striking a drainage culvert and causing damage. He then left the scene of the accident and was arrested at 4:36 p.m. He was arraigned in Town of Bergen Court and put in jail on $1,000 cash bond. He is due in Town of Bergen Court on April 17 to answer the charges. The case was handled by GC Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth. Subsequent to his arrest on the above charges, Northup was arrested at the jail and charged with introduction of dangerous contraband into a prison in the first degree and criminal possession of a controlled substance in the seventh degree. On March 24, while being processed at the jail, Northup was allegedly found with a white substance tucked into his wallet. He was arraigned in Batavia City Court and put in jail on those two charges without bail. He is due back in city court at a later time and date. The contraband case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Andrew Hale.

Teesean T. Ayala, 20, of Walnut Street, Batavia, is charged with second-degree burglary. Ayala was arrested March 19 on a grand jury warrant following an investigation into a residential burglary that occurred on Hutchins Street in Batavia at 9 p.m. on Aug. 2. Ayala was jailed without bail and is due in Genesee County Court in May. The case was investigated by Batavia Police Det. Thad Mart.

Laura L. Dutton, AKA Laura Godlewski, AKA Laura L. Godlewski Dutton-Pontillo, AKA Laura Dutton, is indicted for the crime of filing a false instrument in the first degree, a Class E felony. It is alleged that on May 4 at the Genesee County Clerk's Office that Dutton filed a NYS Pistol-Revolver license application knowing that it contained false information, and with intent to defraud she offered it to a public servant for filing to become part of the public records.

Dennis S. Rogers Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 3 in the Town of Pembroke that Rogers drove a 2003 Chevrolet on Route 5 while he was intoxicated. In count two, Rogers is accused of DWI, per se, as a Class E felony, for having a BAC of .08 percent at the time. In count three, the defendant is accused of aggravated unlicensed operation in the third degree for driving that day when his license was suspended or revoked. In Special Information filed by the District Attorney, Rogers is accused of having been convicted of DWI as a misdemeanor on June 30, 2011 in County of Monroe Court and also on Sept. 16, 2002 in City of Rochester Court. Those convictions and an additional suspension of Rogers's privilege to drive on July 27 last year, based on failure to pay child support, forms the basis for the suspension or revocation referred to in count three of the current indictment.

A letter sent today from Genesee County Legislature Chair Robert Bausch:

The State Budget currently being negotiated by state lawmakers is a double negative for local taxpayers.

On the one hand, it includes the Internet Fairness Act, which will require New Yorkers to pay sales taxes on more of their online purchases. At the same time, it takes the local share of those tax revenues and devotes it to funding programs that were cut in the state budget.

Specifically, the budget proposal creates a new mandate for county property taxpayers to backfill $60 million in state funding cuts to nearly 1,300 towns and villages. It also uses local tax dollars for other state initiatives such as early voting, bail reform, and a new lead monitoring program.

These new mandates are on top of the 9 state mandates that already consume more than $12 billion in local revenues from counties and NYC each and every year. That’s $1 billion a month in local tax dollars that was never invested in the local economies, infrastructure, services, and programs. These were local tax dollars taken by state leaders and spent the way that they see fit.

In Genesee County, we spend $28.7 million on state mandated programs and services, which consumes 98 percent of the property taxes we collected last year.

We urge Legislative Leaders and the Governor to demonstrate their commitment to all of our communities by rejecting the new unfunded state mandates proposed in this state budget.