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Alexander residents vote down new bus garage, lights for football

By Howard B. Owens

Voters in Alexander yesterday rejected a $12.6 million capital improvement project that would have allowed the school district to build a new bus garage, upgrade some elementary school classrooms and install lights on the football field.

The ballot proposition failed by a 61 to 39 percent margin, or 183 no to 117 yes.

School officials said the current bus garage is beyond repair and its location and configuration is a traffic safety hazard. 

Critics accused the Alexander CSD of using the community's long-standing request for lights on the football field as a way to bribe voters into approving the expenditure.

The projects were going to be funded by $1.9 million from capital reserves (money designated for such projects), $705,000 from other reserves, and more than $10 million in state aid.

Passage of the measure would have required the district to take out $10 million in bonds, with state aid making the bond payments, over the 15- and 30-year life of the bonds.

Officials said the bus garage is in such bad condition that state officials will soon force its replacement.

Previously: Alexander needs new bus garage, classroom upgrades, football lights go along with it, residents told at forum

A year after completing parole, convict accused of dealing drugs

By Howard B. Owens
      Adam McGill

A Batavia resident who has served three prior prison terms was arraigned in County Court this morning on a sealed grand jury indictment for alleged drug dealing.

Adam McGill, 40, is charged with single counts of criminal possession of a controlled substance, 3rd, and criminal sale of a controlled substance, 3rd.

He is accused of selling narcotics on an occasion in February.

McGill first prison term came after a conviction in Genesee County on charges of attempted criminal possession of a forged instrument, 2nd, and attempted burglary, 3rd, in 2001.

In 2003, he was convicted of criminal possession of a forged instrument and sent to state prison again.

His last felony conviction was for criminal sale of a controlled substance, 3rd, in 2012 in Wyoming County. He served three and a half years at Groveland and was released from parole in February 2017.

In arguing for $10,000 bail for McGill, Public Defender Jerry Ader pointed to McGill's nearly two years of unsupervised freedom since then, but Assistant District Attorney Kevin Finnell countered that McGill has 19 total arrests, which includes 15 felony counts, and three failures to appear on prior court cases, including one that required an arrest on a warrant.

Judge Charles Zambito set bail at $25,000 cash or $50,000 bond.

NOTE: There's been no press release yet from the law enforcement agency that investigated this case. When there is one we will update this post with any new information.

Restitution of $14K again delayed in case of former nurse who falsified business records

By Howard B. Owens

Michelle Ann Case, whose criminal case goes back to 2011, still owes her former employer, HomeCare & Hospice, in the neighborhood of $14,000 but her restitution has yet to be placed on a payment plan by a judge and such a plan was delayed again in County Court this morning.

The 50-year-old Case has been through two trials, convicted twice but the first conviction was overturned on appeal.

This morning Judge Charles Zambito ordered Case to prepare a financial affidavit to help him determine appropriate monthly payments and set a hearing for 9:45 a.m., Dec. 18.

Meanwhile, Public Defender Jerry Ader, representing Case, is challenging Zambito's jurisdiction to order restitution payments.

Because Case has moved a couple of times since her jury trial conviction in July 2016 her probation was transferred to Erie County and then to Niagara County.

She is no longer on probation.

Ader contends that since she was last on probation in Niagara County, the county court in Niagara County has jurisdiction over restitution. He said there is no legal mechanism to transfer jurisdiction back to a court in Genesee County.

District Attorney Lawrence Friedman disagrees. He argued that legal precedent doesn't cover jurisdiction over restitution just other matters related to probation.

Ader said he will prepare a written memo for Zambito on his interpretation of legal precedent for Zambito to consider prior to the Dec. 18 hearing.

Case was convicted of falsifying business records in order to increase her compensation from HomeCare & Hospice. She said the inaccurate records were not her fault.

Photos: Christmas in the City 2018

By Howard B. Owens

The Batavia Improvement District hosted Christmas in the City last night, which included sleigh rides, a toy train ride, visits with Santa (and the Grinch) along with local Christmas shopping.

For pictures of the parade by Jim Burns, click here.

Gregory Hallock as Grinch and Nora Browne as Cindy Lou at GO ART! Hallock made his costume while Paige Sikorski, who is 13, put on his makeup.

Paul Grazioplene posed with Grinch, trying to convince his child that Grinch wasn't scary but the child didn't buy it.

There's a tiny little bundle in Santa's lap. It's 1-month-old Greyson Malcomb getting his first picture with Santa.

Batavia Police Sgt. Dan Coffey with Bo Coffey and Alyssa Coffey. Bo and Dan were in line waiting for a ride in the horse-drawn sleigh.

Photos: Christmas celebrated, loved ones remembered at first-ever tree lighting in Pavilion

By Howard B. Owens

The Town of Pavilion held its first Christmas tree lighting yesterday, with residents and local businesses decorating trees in the park in Pavilion.

Several families decorated trees in memory of loved ones who have passed. 

The tree in the top photo is a memorial to Bill Prosser, a Navy veteran who served at the end of World War II. In the photo: Joan, Debbie Prosser, Ken Prosser, Jim Prosser, and Liz Prosser.

Rhonda Clary with a memorial tree for her son John, a popular student at Pavilion High  School who died in 2004.

The family of Jack Carney with a memorial tree for him.

Photos: Create-A-Critter at Genesee County Park

By Howard B. Owens

Kaylee Brown, 5, with her father Chris Brown, shows off the reindeer she made at yesterday's Create-A-Critter session at the Genesee County Park Interpretive Center.

A couple of dozen children showed up over two sessions yesterday where the kids could create small little animals out of corncobs, pine cones, thistle pods, and other natural materials.

Below, Rhowen Torrey, 4, with Gregg Torrey.

Photo: Le Roy Winterfest 5K

By Howard B. Owens

It was Winterfest in Le Roy yesterday. Along with shopping, crafts, and Santa, there was the annual 5K race. We were there for the start of the race.

Photos: Christmas in Oakfield

By Howard B. Owens

Kaitlyn Sturgeon tells Santa that for Christmas she wants a big Lego set during Santa's visit to Oakfield yesterday.

Below, Christian Quinn, Kaylee Quinn, Mitchell Quinn, Kaitlyn and Hannah Sturgeon.

While in Oakfield, we also visited the Genesee Society of Model Engineers' annual open house.

Photo: Santa at Foxprowl

By Howard B. Owens

Six-year-old Taylor Moorehead tells Santa and Mrs. Claus that she wants a remote car for Christmas during a visit to Foxprowl on Ellicott Street in Batavia yesterday.

A few superheroes also dropped in at the store, as well.

Photo: December Rainbow

By Howard B. Owens

Lyndsay Baker captured a shot of a rainbow this morning.

Jerome Foundation honors Dr. Matthew Landfried for contributions to the community

By Howard B. Owens

The admiration for Dr. Matthew Landfried ran deep Friday at Terry Hills for the presentation of the Jerome Foundation's Health and Humanitarian Award but there was also a bit of humor along the way, including a giant bumblebee that delivered an honorary proclamation from State Senator Michael Ranzhofer along with a bouquet of flowers.

In the end, Landfried expressed his appreciation for the award.

"This doesn’t say what I do," Dr. Landfried said. "This tells me what the community thinks of who I am. I really appreciate it. Thank you very much."

Dr. Landfried is currently the medical director of Surgical Services and chairman of the Department of Surgery at UMMC, and serves on multiple committees at UMMC and its partner Rochester Regional Health. 

He also volunteers his time with Batavia and Notre Dame high schools, assisting on the sidelines of sporting events, serving as a team doctor. He's also been involved in several community organizations and supported many local causes financially. 

Greg McAlister introduced Dr. Landfried before the award presentation and his remarks along with a tribute video recalled many of accomplishments of Dr. Landfried's medical career, including remarks by a woman who recalled how Dr. Landfried stepped in to assist with a case after her father contracted sepsis after surgery.  The woman said she didn't want to return to the original surgeon. She said Dr. Landfried spent hours researching the case and trying to assist. When her father took a turn for the worse he tried to refer the case to a specialist in Rochester but none of the doctors he contacted would take the case.

"I begged Matt to try one last time and he did and he got a specialist to take the case," McAlister said, quoting from the unidentified woman's letter. "Because of Matt’s determination, my dad lived another 15 years.”

Dr. Landfried is a member of the Trauma and Critical Care response team of National Disaster Medical System of the U.S. Department of Health & Human Services, he has volunteered in Haiti, Texas, and other disaster sites supporting the critical medical needs of the communities struck by disasters such as earthquakes and hurricanes. He assisted at an orphanage in Haiti and remains in contact with them and provides financial help as well.

As part of Friday's festivities, each guest of the luncheon received a small jar of honey and a small wooden honey wand, which, along with the bumblebee costume, recognizes one of Dr. Landfried's hobbies: raising honey bees. He and his wife also grow apples, grapes and make wine on their farm property on Shepard Road.

In addition from a proclamation from Ranzenhofer delivered by a bee, Dr. Landfried received proclamations from Assemblyman Steve Hawley's Office, the County Legislature, delivered by Legislator Shelly Stein, and the Batavia City Council, delivered by Councilman Bob Bialkowski.

"People like you," Bialkowski said, "with your commitment, your dedication, all your time and contributions, you make Batavia a great place to live."

Le Roy celebrates Winterfest today

By Howard B. Owens

Press release:

Le Roy Business Council, along with The Woman of the Moose, Lodge 1132 will once again host Winterfest in the Village of Le Roy on Saturday, Dec. 1st, beginning at 10 a.m., with events going throughout the day and night. 

There will be a scavenger hunt throughout businesses and organizations in Le Roy beginning at 10 a.m., with cards available at the Moose, 12 Bank St, Le Roy. Prizes will be awarded to top finishers. Main Street of Le Roy businesses will have sales and specials throughout the day.  The Jinglin’ All the Way Run/Walk will take place at 3 p.m., with registration beginning at 1 p.m. at the Masonic Community Center, 21 Bank St.

The Christmas Around the World Project on the Oatka Creek Bank will be on display starting at Winterfest. The Annual Community Tree Lighting will be at 6 p.m. on the northeast corner of routes 5 & 19.

Visiting Nurses Association opens new, larger office in Pavilion

By Howard B. Owens

The Visiting Nursing Association hosted a grand opening today of its new office on Telephone Road in Pavilion.

The VNA is part of a regional network of providers based in Buffalo and the Pavilion office serves the GLOW region.

It consolidates offices that were in Batavia and Wyoming County in what VP Lisa Greisler said is larger and more convenient for the entire staff.

"We really wanted something that was centrally located for our staff and really for our referral services to know we’re smack in the middle of where you need us to be," Greisler said.

There are 70 nurses, aides and support staff serving the GLOW region with an increasing need for more staff, so the new facility will help meet current and future demand. The nurses and aides make more than 28,000 home visits a year.

The office provides visiting nurse -- who mostly work remotely -- with a central location for doing paperwork, getting supplies and meeting with other caregivers.

“We’re growing, which is good news," Greisler said. "This region, in particular, is continuing to grow with the number of patients we’ve been serving and it is growing every day so we’re happy to be able to be here and serve."

Photo: Lisa Greisler, Judy Baumgardner, president, Peggy Weissend, Lyn Waldraff, Courtney Boss, Sarah Dufour and Wendy Swart.

Pavilion man accused of dealing fentanyl, allegedly in possession of heroin at time of arrest

By Howard B. Owens
      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

Oakfield-Alabama hires new superintendent

By Howard B. Owens

Press release:

The Oakfield-Alabama Central School District’s Board of Education (BOE), has selected John Fisgus as the district’s next superintendent.

 "I am deeply honored and extremely excited to join the Oakfield-Alabama school community and family," Fisgus said. "I am eager to begin my work as your next superintendent and I am excited to work for such a great board and staff at Oakfield-Alabama. It is my mission to make O-A a 'District of Distinction' and through collaboration and teamwork, the place to be!"

Matt Lamb, president of the Oakfield-Alabama Central School District’s Board of Education, said: "The Board of Education truly values the input we received from the various stakeholder groups who met with the candidates to help us make a final decision.

"We are confident that John Fisgus will lead our district through the issues we face in our region. With his leadership, we will work together to deliver the best education possible for our students.”

Fisgus is currently the principal of Royalton-Hartland Middle School, in the Royalton-Hartland Central School District (RHCSD), where he has served since 2008. His responsibilities as principal include supervising and hiring all instructional and support staff, developing and managing a building budget as well as assisting with the district budget development process.

Fisgus created honor courses in all four academic core subjects within the middle school and is the facilitator of the district’s Professional Learning Community Team. Prior to that, he served as the assistant principal at Lake Shore Middle School.

Fisgus began his career in education in 1998 as an eighth-grade math teacher at Depew Middle School in the Depew Union Free School District.

He holds a Bachelor of Science and a Master of Science in Secondary Mathematics Education from the State University of New York at Buffalo. Fisgus earned a Master of Science in School Administration from Canisius College and holds a New York State School Administrator/Supervisor and School Administrator Certificate.

The anticipated start date for the new superintendent is January.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff and community.

Collins lauds signing of new trade deal with Mexico and Canada

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) praised President Trump and his administration for officially signing a new United States-Mexico-Canada Agreement (USMCA).

USMCA will make significant changes to the North American Free Trade Agreement (NAFTA) that will put the United States on more equal footing with the other nations. Specifically with regard to the dairy industry, Canada’s pricing program has created an unfair playing field and has essentially eliminated U.S. exports of certain dairy products, harming Western New York’s dairy industry.

“President Trump promised better trade deals and he has delivered replacing NAFTA which has caused our region to hemorrhage good paying manufacturing jobs for some time now,” Collins said. “Not only will this new treaty help with manufacturing, but it protects American farmers from burdensome tariffs and regulations.”

Collins has led the fight to end Canada’s unfair Class 7 pricing program, which has severely impacted New York dairy farmers. Under USMCA, Canada has agreed to eliminate this program in order to level the playing field between the United States and Canada while allowing our dairy producers the ability to expand sales overseas.

“With this barrier being struck down, Western New York dairy farmers are now able to compete fairly in Canada, and I thank the president for working to ensure NY-27 farmers are treated fairly,” Collins said.

Outside of the dairy industry, the new trade agreement will increase the production of American goods and services. The agreement requires that 75 percent of auto content be produced in North America and makes critical reforms that will boost auto workers’ wages. Additionally, the USMCA includes strong labor provisions that prioritize and protect American manufacturing jobs.

Furthermore, the agreement provides strong protection and enforcement of intellectual property rights. This includes 10 years of data protection for biologic drugs and a large scope of products eligible for protection. These reforms are critical to driving innovation, creating economic growth, and supporting American jobs.

Collins added: “By signing the USMCA, President Trump has fulfilled yet another campaign promise for the American people. Our country has been rightfully restored to a leader on the world stage, and I will continue to work with the White House and Republicans in Congress to uphold and advance the Make America Great Again agenda.”

Byron girl found safe, Amber Alert canceled

By Howard B. Owens

A 14-year-old Byron girl who was the subject of an Amber Alert earlier today has been located safe, according to Sheriff Bill Sheron.

He said more information will be released soon.

The 22-year-old man, Guillermo Torres-Acevedo, suspected of taking her away from a location on West Bergen Road, Byron, has also been located.

UPDATE: The girl and Torres-Acevedo were located in Mansfield, Pa., by Pennsylvania State Police. Torres-Acevedo was taken into custody on a warrant and is being held pending extradition. The girl is returning to Genesee County. 

Assisting in the investigation, the New York State Police and U.S. Secret Service. Additional charges are pending.

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