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A routine traffic stop on Route 33 in Byron on Thursday morning led deputies to the discovery of 47 bags of fentanyl inside the vehicle, according to the Sheriff's Office, and the arrest of three people from Monroe County on drug-dealing charges.

Taken into custody were:

• Marvelous C. Williams, 32, of White Swan Drive, Greece, charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd;
• Chance J. Barnwell-McClary, 23, of Stunz Street, Rochester, charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd; and,
• Raquel Chin, 30, of East Main Street, Rochester, charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd.

Deputies Ryan DeLong and Jared Swimline also reported finding a large quantity of drug packaging materials.

All three suspects were arraigned in Town of Byron Court. Williams was ordered held on $20,000 bail or $40,000 bond. Barnwell-McClary on $15,000 cash or $20,000 bond. Chin on $10,000 cash, $20,000 bond.

The deputies were assisted by the Local Drug Task Force, Trooper Sean Gourdine and his K-9 "Ash" and the District Attorney's Office.

Press release:

The Batavia Police Department and Genesee County Sheriff’s Office has received an armored rescue vehicle from the U.S. Government’s 1033 program.

The program allows for departments across the nation to receive surplus military vehicles, for free, to use in special operations.

The vehicle received is called an MRAP, which stands for Mine-Resistant Ambush Protected. The vehicle was designed to withstand improvised explosive devices and ambush attacks. Due to its larger size, heavyweight, and big tires, it is also a perfect vehicle to use during flood situations and natural disasters.

The departments will take possession of the vehicle today and will begin retrofitting it with the necessary equipment to include paint, decals, lights/sirens, seating, and communications to make it suitable for law enforcement use.

The departments plan to use the vehicle for a multitude of duties to include, rescue operations during floods or natural disasters and high-risk law enforcement activities such as active threats/warrant executions, throughout the county.

This new addition will allow the departments to provide better protection to citizens in natural disaster situations and also protect officers who are involved in higher-risk law enforcement activities.

The Batavia Police Department and Genesee County Sheriff’s Office are proud to have this vehicle which better prepares the City of Batavia and Genesee County for any threat, both natural and man-made.

Previously:

• Chief says armored military vehicle would improve police rescue capabilities at low cost
• City moving forward, perhaps with county help, on request for MRAP from military

Sen. Rob Ortt, who is also a candidate for congression in the NY-27, spent much of his day in Genesee County on Wednesday, first attending the veterans town hall in Corfu about the new national cemetary, then paying a visit to The Firing Pin in Bergen, and then holding a meet-and-greet at Ken's Charcoal Pits & Bar-B-Q.

The Batavian caught up with Ortt at The Firing Pin.

The City of Niagara Falls is honoring David Bellavia at 3 p.m. Saturday with a Key to the City and Bellavia will deliver a talk, "Duty 1st with David Bellavia: Serving Country and Community."

Duty 1st is offering 50 percent off on tickets for this event to readers of The Batavian. Use this link to purchase the discounted tickets.

Press release:

The public is invited to "Duty 1st with David Bellavia: Serving Country and Community," a 3 p.m. talk by the Medal of Honor recipient, who will be honored by the Niagara Falls community with a Key to the City. In addition, there will be a full speaking engagement and meet-and-greet.

Since getting the Medal of Honor, Bellavia has had the honor to talk to audiences from children to World War II veterans all around the Country -- he’s talked about patriotism, and service above self and shared laughs and tears with folks along the way. Now, he will finally get to deliver a talk for his friends and neighbors, hosted by the Rapid Theatre in Niagara Falls -- where half the event will be a sit-down Q&A with the audience.

The Oct. 12 event will also serve as a kick-off for a new nonprofit organization created by Bellavia, called Deuce Deuce Relief Fund Inc., which will benefit soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2).

General admission tickets are $22 (Deuce-Deuce) at the door – but Batavian readers can get a 50-percent off discount right now by preregistering using promo code Batavian. There are also publicly available deep discounts for military, whether active or VET/retired (75-percent off), and Gold Star families (free) – available at checkout, with no code required.

Tickets are available at DavidBellavia.com or on EventBrite.com – but here’s the custom link with embedded discount code: https://www.eventbrite.com/e/duty-1st-with-david-bellavia-serving-country-and-community-tickets-72099291923?discount=Batavian. If there are any issues, just enter discount code: Batavian.

Staff Sgt. Bellavia also will sign copies of his book "House to House: A Soldier's Memoir," which will be for sale onsite during this event at the Rapids Theatre, 1711 Main St., Niagara Falls.

Prior video coverage of David Bellavia's Medal of Honor:

Construction has begun on the new Western New York National Cemetary in Pembroke though the initial plan for Phase I construction has been cut back because of budget constraints, Veterans Affairs officials told a gathering of veterans Wednesday in Corfu.

The 132-acre cemetery will accommodate the remains of 96,000 veterans over the next 70 years but veterans at Wednesday's meeting were most concerned about the here-and-now: delays in construction; the need to scale back Phase I; and either budget shortfalls or mistakes by the VA in estimating construction costs.

Congress originally appropriated $36 million for the cemetery but the VA is now asking for an additional $10 million to complete construction.

One of the key legislative supporters of the cemetery has been Sen. Charles Schumer and his regional director, Chris Zelmann told veterans Wednesday that the senator continues to support the project and will fight for more funding once the VA validates the need for the additional $10 million in funding.

"It's paramount to the senator to make sure the VA moves heaven and earth to make good on its commitment to honoring our heroes in Western New York to ensure they can use the benefits they've earned and deserve," Zelmann said.

The vast majority of men and women who served in the U.S. military and received any discharge other than dishonorable are eligible for free interment at a national cemetery. 

Burials at the cemetery are expected to begin as late next year but for veterans who wish to have their remains cremated, their families will have to wait until Phase I-B is completed, perhaps not until 2022.

That phase will contain a columbarium, an arc-shaped area with rows of columns that will hold boxes for cremated remains. 

One woman at Wednesday's town hall said she's been storing her husband's cremated remains for four years.

One reason for the delay in construction said James Metcalfe, the new director of the WNY National Cemetery (top photo), in his experience working with two different contractors -- each phase has different construction contractors -- simultaneously can make it difficult to accommodate funerals. The goal is to get one section open for burials as soon as possible, then finish that construction before the second contractor begins work.

"We want internment and ceremonies taking place while there isn't so much underway at the same time both to maintain safety and a level of decorum," Metcalfe said.

One veteran expressed concern about the plan to use, temporarily, a trailer to house members of the honor guard. He said being an honor guard is physically and emotionally taxing and on days when they are performing services for multiple funerals, the members need a place to rest, relax, eat, and "hang their hat." He expressed concern that a trailer wouldn't be adequate.

Metcalfe said that while he can't provide the exact specifications of the trailer, he assured veterans that it would be appropriate and comfortable for members of the honor guard.

Eventually, the honor guard will have a permanent structure appropriate to their needs.

Assemblyman Steve Hawley, while acknowledging the bipartisan support for the veterans cemetery, said it's important for veterans and their families to keep the pressure on federal elected officials to ensure the project is appropriately funded. He said veterans should keep emailing and writing letters in support of funding.

"These are the people who served their country and they deserve a place to be buried with honor and dignity," Hawley said. "I'm not blaming any of you (motioning toward the VA officials). Even though some of us come from different political parties, it doesn't matter when it comes to taking care of our veterans.

"Today, I emailed Senator Schumer and my contact in the Trump Administration. If it's the money, it shouldn't matter when it comes to taking care of our veterans."

Assemblyman Steve Hawley

Press release:

Nate McMurray, running for Congress in NY-27, is calling for Chris Collins, who recently resigned in disgrace after pleading guilty to insider trading and lying to the FBI, to return the Congressional salary he has collected since his indictment in August 2018.

McMurray sent a letter to Judge Vernon S. Broderick asking the judge to consider ordering Collins to return his salary and forfeit his pension as a part of sentencing.

While calling Collins’ case “inherently tragic” and expressing sympathy for Collins’ family and victims, McMurray also pointed out that Collins had profited from his deception of voters in his district and deserved to lose his salary as a result.

“Following his guilty plea last week, Mr. Collins has admitted that his actions were in fact illegal; that he knew they were illegal; and that his claims of innocence were false. With his reelection predicated on an admittedly false claim of innocence, I urge that in sentencing, you recognize this fraud on the taxpayers of this nation and the people of New York’s 27^th Congressional District and require him, in addition to whatever other penalties you deem appropriate, to repay his salary from the date of his indictment until his resignation and forfeit his taxpayer-funded pension,” McMurray wrote.

After months of proclaiming his innocence, Collins changed his plea to “guilty” last week and admitted in court that he knew what he was doing was illegal.

A copy of McMurray's letter can be seen below:

Honorable Judge Broderick,

I am writing to you to express my thoughts regarding the sentencing of Chris Collins. 

Last year, I ran and lost a race to replace Mr. Collins in the United States House of Representatives. I am proud of that campaign and our opposition to Mr. Collins. I say this to fully disclose any perceived bias or subjectivity. I share my comments with full sincerity and an understanding of the possible consequences of my words. 

First, I want to acknowledge that much about this case is inherently tragic. A district has been denied its due representation in Congress; an individual of great promise, a fellow Eagle Scout no less, betrayed his constituents and will forever have his name tainted; a son followed his father’s request and now stands on the verge of incarceration and a lifetime defined by a criminal act not of his own creation. I have true sympathy for everyone caught up in Mr. Collins’ web of illegal activity and look forward to our district moving on.

Nevertheless, justice must be served, and Mr. Collins’ actions and character must be examined. Following the indictment in August of 2018, Mr. Collins continually lied to voters by proclaiming his innocence and ultimately won re-election. As a member of Congress, Mr. Collins said he worked for his donors—not the people of Batavia, Hamburg, Canandaigua, Warsaw, or the countless other small towns and communities within New York’s 27^th District. Following his guilty plea last week, Mr. Collins has admitted that his actions were in fact illegal; that he knew they were illegal; and that his claims of innocence were false. He knowingly abused the trust of the people of Western New York.

I stand with many who are angered by Mr. Collins’ actions, but I find some discomfort celebrating anyone’s demise, even his. However, with his re-election predicated on an admittedly false claim of innocence, I urge that in sentencing, you recognize this fraud on the taxpayers of this nation and the people of New York’s 27^th Congressional District and require him, in addition to whatever other penalties you deem appropriate, to repay his salary from the date of his indictment until his resignation and forfeit his taxpayer-funded pension.

Sincerely, 

Nathan D. McMurray

Le Roy's volleyball team is now 12-0 on the season after beating Brockport at home Wednesday night in three sets, 25-23, 25-17, and 25-17.

Next up for the Knights: The Waterloo Tournament on Saturday.

Photos and info courtesy Tim McArdle.

In volleyball, Pavilion beat Warsaw in three sets on Wednesday. Set scores: 25-21, 25-18, 25-22.

Shannon Campbell had 20 assists. Addy Milligan had eight kills and four aces. Karlee Zinkievich had five kills and six digs. Lauren Kingsley had six kills and four aces. Paige Landers had five kills.

Photos and information by Ryan Paddock.

Top photo: Kodi Beehler serving in Set One.

Shannon Campbell with a backset in Set 2.

Lauren Kingsley up for the kill.

Paige Landers with defensive control of the net.

Many months of effort by Genesee County to replace its aging, legally out-of-compliance jail came to a standstill Wednesday night when the County Legislature, by consent, agreed to hold off on new jail plans until Gov. Andrew Cuomo signs sales tax agreement legislation that is necessary for the county to fund the jail.

The jail could cost as much as $65 million, which is money the county must borrow (through bonds) and the county won't be able to get those bonds without the 40-year sales tax agreement that will generate the revenue to pay back the loans.

The county and the city hammered out the agreement over the course of months of negotiations about how to divide the local portion of sales tax collected in the county and both elected bodies approved the agreement. The necessary legislation then went to the Assembly and Senate and was approved.

The bill now sits on the Senate president's desk awaiting a request by Gov. Cuomo to see it.  

He hasn't requested it and nobody knows why. It might be that there are 500 other bills on the Senate president's desk awaiting Cuomo's request, but nobody is sure if that's really the issue. Attempts by local officials to get an answer from any source, including the governor's office, have gone unanswered.

Meanwhile, the city and county don't have a sales tax agreement in place for 2020 and if they're going to have an agreement, absent the governor signing the 40-year-agreement bill, they must act fast.

The two municipalities could agree to extend the current agreement by a year or even extend it for 10 years. Either option could be approved on the State Comptroller's signature, without new legislation, but either option would also delay building a new jail by either length of time.

Once the governor requests the bill, he has 10 days to sign it or veto it, or he could do nothing, which is called a pocket veto. He could also let it sit on the Senate president's desk until Dec. 31, which is also a pocket veto.

If the bill isn't approved before Dec. 31, the whole process of approving a sales tax agreement would need to start from the beginning next year.

Neither the county, of course, nor the city, can wait until Dec. 31 to see if the governor will sign the bill. They need to approve a new sales tax agreement, if this one isn't approved, within weeks so there is time to get it approved by the comptroller's office and have it in place for 2020.

If there's no sales tax agreement, the county and city will not be able to fund normal government operations typically covered by sales tax revenue.

Chairman Robert Bausch is drafting a letter to the corrections commissioners informing them of the bind the county is in and asking if they can intervene with the governor's office.

County Manager Jay Gsell said the commission has been patient with the county over its current substandard jail on the premise that the county has been working toward building a new facility. 

Sheriff William Sheron said that a letter from the county might help extend that patience and at least put the commissioners on notice of the issue the county is facing.

Wednesday's meeting was initially called for the entire legislature to discuss jail plans and decide what would be included in the jail -- such as how many beds and pods construction contractors would be asked to bid on.

Some of that discussion took place, with an apparent agreement being reached on a four-pod jail with 184 beds. That would give jail staff the most flexibility in maintaining order and keeping different types of jail inmates, based on mental health issues and other factors, in appropriate housing.

After that discussion, Bausch brought up the sales tax issue and said he didn't see how the county could authorize the architect to start designing the facility because once the design is done, without a sales tax agreement, the county wouldn't be able to put the project out to bid because it couldn't get the project bonded.

"That would be pretty embarrassing for the county," he said.

A policy proposal submitted by Michael Bromley, Batavia City Schools athletic director, received some push back from Board of Education President Patrick Burk at Tuesday's school board meeting after Bromley said community organizations would be able to use the new Van Detta Stadium for free.

It's not that Burk opposes free use of school facilities, he said, but he claimed that to allow free use of Van Detta while groups must pay a fee at certain times to use other school facilities isn't fair.

Burk noted that the school district changed its policy some time ago based on state education law to charge a fee for use of facilities at times when school custodians are not on the premises.

Custodians are at school facilities from 7 a.m. to 11 p.m. Monday through Friday during the school year and until 3 p.m. on weekdays during the summer and on holiday breaks.

"People may think I don't want community groups using Van Detta Stadium but that's not the case," Burk said. "I think there is a double standard if they're allowed to use it for free if others are being charged a fee."

Burk runs a nonprofit dance studio that uses school facilities and must pay a fee. He said the Genesee Symphony Orchester and the Rotary Club, among others, were "forced out" of the school district buildings when the district started charging fees.

Roxanne Choate, chairwoman of the GSO board, confirmed in an email today that the GSO stopped using the high school auditorium because the fee for its use was $500 per concert. The rural districts, in contrast, she said, charge $150. The orchestra does not pay for use of the bandroom for rehearsals since those take place on weeknights during the school year.

Burk reiterated this morning that he isn't seeking a way for the district to collect fees for use of Van Detta. He would rather see no fees charged to any community organization based in Batavia that would like to use school facilities during non-school hours.

"To me, it's a matter of removing the stadium usage fees, then the building usage should fee should also be removed," Burk said.

The Batavian has sought clarity on any such state law from the State Department of Education and has not yet received a response.

The plan presented by Bromley, which was based on conversations with Chris Dailey when he was superintendent and Interim Superintendent Scott Bischoping contemplates three tiers of usage for the stadium.

Local groups, such as the Batavia Bulldawgs, could use it for free -- as they have been so far this year. Section V and the state athletic association would pay a fee sufficient to cover all staff costs for regional and statewide championships and other events. High schools from outside the county would also be able to request use of the facility for special events.

If community groups wanted to use the concession stand and benefit financially from concession sales, they would have to provide the staff and their own food and drink, in their own ice chests, for sale. For regional and state events, the school district would run the concessions with the proceeds going to school fundraisers.

The proposal is pending while district officials research what they can legally do regarding outside use of school facilities.

There should not be any effect, while the decision is pending, on planned events, including an anticipate Section V playoff game for Notre Dame on Oct. 26, nor a state championship tournament for eight-man football.

A State Street resident is being charged with burglary and robbery following a reported strong-armed theft of $344.50 from the Days Inn in Batavia.

The robbery occurred at 11:30 p.m., Sunday. A man entered the business, went into an area designated for employees only, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Through an investigation, police identified a possible suspect but initial attempts to locate him were not successful.

On Monday, the suspect, Thomas P. Moynihan, 44, was spotted near Batavia High School. The schools on State Street were placed on "lockout." That means students remain inside and entry into the building is extremely limited and only permitted through a security checkpoint.

He is charged with burglary, 3rd, robbery, 3rd, petit larceny, and harassment, 2nd.

He was arraigned in Batavia City Court on Tuesday morning. His bail status was not released.

Occasionally, a Batavia High School student completes their graduation requirements out of cycle with the rest of their class and receives their diploma at a Board of Education meeting. That was the case Tuesday night for Hezekia N. Burch.

County health officials are still waiting on details from the federal government on a $1.3 million grant awarded to Genesee County and Orleans County for lead-hazard abatement and reduction in older homes.

At a meeting of the Human Services Committee last week, Paul Pettit, director of the health departments in both counties, said the first he learned that the counties had received the grant was by reading about it in The Batavian.

Since then, he's received a phone call confirming the grant but formal guidelines have not yet been delivered to his office.

"This is a significant amount of funding to come into Genesee County and to Orleans County and it would really help us to help those who don't have the means and the funds potentially to fix the problem," Pettit said in an interview last week.

Pettit's office applied for the grant over the summer.

The grant will enable the health departments to identify housing stock with potential lead hazards and make available grant money to the property owners to remediate the hazard.

"This funding is very important because what it does is, it allows, number one, a potential partnership with the homeowners or rental landlords to be able to fix a problem before a child gets poisoned and have funding available to remediate those homes prior to the poisoning occurring," Pettit said. "So when you look at it from a primary prevention standpoint, that's what we want to do. We want to try to prevent a child from getting poisoned in the first place."

The grants will be available to both homeowners and landlords of residences built prior to 1978 in three of the four census tracks in the City of Batavia and one census track in Albion.

Until the guidelines are in place, Pettit said it's not possible to provide details on how properties will be identified, inspected and what the criteria will be for providing assistance to property owners.

"We're gonna have to stand this program up fairly quickly when we get the formal announcement of the funding," Pettit said.

Health department staff has recently been through training for lead risk-assessment certification, Pettit told the Human Services Committee.

He also told the committee there is legislation pending in Albany that would require landlords with housing built prior to 1978 to receive annual lead-safe certification for their units, unless they made the property lead free, which would mean doing likes like removing trim, replacing windows, installing siding on the outside of the building.

"We do not want to see any child poisoned from lead exposure," Pettit said. "It can lead to developmental delays and other health impacts that could affect them over their entire lives. It's very important to identify and find these hazards early and then protect the children so they're not getting lead poisoning."

Press release:

The City of Batavia Water Deptartment is on location of a water main break at the Intersection of Ellicott Street and Clifton Avenue.

Clifton Avenue will be closed to through traffic. Water may be interrupted on Clifton Avenue, and James, William and Ellicott streets between Otis Street and Clifton Avenue, and Harvester Avenue from Ellicott Place to Ellicott Street.

Please do not attempt to do laundry as water may be discolored due to work being done.

The Blue Devils soccer team has historically faired poorly on artificial turf but Monday, they got a chance to start a new tradition -- one that is now necessary -- by winning their first home game in the new Van Detta Stadium.

Batavia beat Dansville 3-2 behind three goals by Garrick Havens. Two were on penalty kicks and the third was assisted by Andres Mateos.

Batavia took 16 shots on net and Dansville, 14.

Unique to the current roster are three pairs of brothers, all starters.

Watch the video to find out more and click this link to subscribe to our YouTube channel.

I spotted this caterpillar inching over the asphalt of our driveway so I grabbed my macro lens to try and make a picture of him (or her).

Batavia High School held its annual Athletic Hall of Fame Dinner on Saturday night at Batavia Downs.

Inducted were:

• Elizabeth Varland, 2002, Soccer, Indoor Track & Field, Outdoor Track & Field
• Ryan Gugel, 2005, Football, Wrestling, Ice Hockey, Baseball
• Stephanie Conway, 2003, Cross-country, Indoor Track & Field, Outdoor Track & Field
• Amanda Page, 2006, Soccer, Basketball, Softball
• Sumiyya Hunter Roff, 2004, Cross Country, Indoor Track & Field, Outdoor Track & Field
• Jennifer Gurrant, 2005, Gymnastics, Cheerleading, Indoor Track & Field, Outdoor Track & Field
• Phillip Santiago, 2003, Basketball

In one way or another Alan Dennis has been serving his community in Oakfield for most of his adult life.

He's been a Little League coach, a member of the water committee and zoning board of appeals, elected at one time to the Town Board, then, after 22 years working at Graham Manufacturing, he went to work for the Highway Department (resigning his Town Board seat at the time).

Sixteen years ago, he became the town's highway superintendent, but all those years of service came to an end Thursday when Dennis retired.

He was given a big party in Town Hall, where he received several presents, including the handmade bench he's sitting on in the photo above.

"I’ve always been active in the community. I think it’s good place to live," Dennis said.

A few years ago he and his wife, Debbie, bought a recreational vehicle and they plan to travel a bit but retirement will be a whole new world, he said.

"I’ve worked every day of my life," Dennis said. "I’ve never had a day where I was off, so it’s going to be a schedule adjustment."

Debbie Dennis, Alan's wife of 45 years, signs a life-size cutout photo of Alan.

Assemblyman Steve Hawley presented Dennis with an Assembly resolution commemorating his years of service to the community.

For Breast Cancer Awareness Month, the uniform T-shirt of Batavia City Fire Department is adorned with pink ribbons on the front and back so that firefighters can show their support of those who have fought or are fighting the disease.

"We want people to understand that we appreciate the fact that firefighters are often given the term heroes, however people fighting breast cancer are really the true heroes," said Chief Stefano Napolitano. "We want to support those people that have lost the battle and those that are currently fighting and those who are going to be fighting in the future."

Napolitano's own mother was successfully treated for breast cancer (though she has since passed due to other health reasons) so this is a cause that is especially important to him, he said.

"I know several other ladies that are fighting or have fought and are survivors so this is just a small way that city fire can let them know that we're here supporting them," the chief said. "We enjoy the support of the community and it's an honor and it's humbling to be able to provide that support and return to those that are fighting their own fires."

The Pembroke Dragons placed second in the Warsaw Volley Tournament over the weekend.

The Dragons beat Alexander in the semifinals but fell to Warsaw in the finals in three games. Dekari Moss and Olivia Metz were named to the tournament all-star team.