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Collins says he will 'actively' campaign, McMurray responds

By Howard B. Owens

Rep. Chris Collins announced on Twitter today that he will "actively" seek reelection to the NY-27 seat he's held through three terms despite being under federal indictment for alleged securities fraud, wire fraud and lying to the FBI.

Collins released his statement in a graphic. Below is the graphic:

Below is a response from Nate McMurray, who is challenging Collins in the November election:

Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, reacted to today’s news that indicted member of Congress and master insider trader Chris Collins would suspend suspending his campaign.
 
“It looks like the criminal is returning to the scene of the crime – and I’m not just talking about insider trading, lying to the FBI and everything else he’s been accused of – I mean the derelict(ion) of duty he did by ignoring his constituents and their interests for every second of his elected life.

"I’m curious to know what Mr. Collins means by ‘actively campaign’ because he hasn’t talked to his constituents, hasn’t held town halls, and has been hiding in his penthouse since the FBI arrested him. Now he thinks that the voters of this district who are getting hurt by a trade war, are struggling to make ends meet, and know that Washington is more corrupt than ever, he thinks they’re going to trust him? Give me a break. He looks out for himself. And maybe his donors.

"Chris Collins has been charged with a crime. He can’t buy his way back into his job.

"Chris Collins thinks the rules don’t apply to him. They do.

"Chris Collins represents everything that’s wrong with Washington.

"Chris, if you’re listening from Manhattan, here are a few words you may remember, ‘lock him up’ ‘drain the swamp’. I hear your next court appearance is on October 11. I bet some folks from NY-27 may take a road trip.

"In the meantime, I welcome you on the campaign trail, sir. Bring it.”

Elba basketball players collect bottles and cans after Batavia Downs concerts, raise $1,700 for sports boosters

By Howard B. Owens

Throughout the concert season at Batavia Downs, basketball players at Elba High School volunteered their time after the shows to help with clean up, gathering recyclable bottles and cans.

Ryan Tenney, owner of McNickel's Redemption, on Ellicott Street, Batavia, collected the bottles and cans for redemption.

Today, he handed a $1,700 check to the Elba Sports Boosters.

Heather Dillion, not pictured, organized the bottle and can drive.

Photo: First row: Ryan Tenney, left, Mike Nolan, COO for Western OTB, Bill White, CIaci Zambito, Elba basketball coach, Henry Wojtaszek, CEO of Western OTB, and Jackie Leach, CFO of Western OTB. The basketball team is (not in photo order): Jon Boyce, Evan Hare, Colton Dillon, Collin O'Halloran, Greyson Huntington, Holden Brinkman, Tyler Stevens, Caleb Scouten, Andrew Hare, Jake Long, Zack Marsceill, Cj Gottler, Zach Howard, Jayden Hughes, Drew Hare, Travis Kauffman, Kyle Norton, Caden Muehlig, Nate Esten, and Jaykob Belluscio.

Corn chopper fire reported in Darien

By Howard B. Owens

A corn chopper is reportedly fully engulfed in flames in a farm field at Colby and Sumner roads, Darien.

Darien fire is dispatched.

UPDATE 2:03 p.m.: Fire is out.

UPDATE 2:35 p.m.: Darien fire is back in service.

Highway superintendent reviews department progress with legislators

By Howard B. Owens

During the Public Service Committee meeting Tuesday, Highway Superintendent Tim Hens updated members of the County Legislature on the work of his department.

On funding, the proposed county road budget for 2019 is $5,527,130. Asphalt prices have increased 20 percent in 2018. Salt prices are up 16 percent. Gas prices have gone from $2 a gallon to $2.35 and climbing, though prices should stabilize in 2019, Hens said. The department has 57 employees (54.25 full-time equivalents), working in administration, highway, parks, airport, fleet, and facility maintenance.     

Besides a share of the general fund, the department receives grants for projects. State aid in 2018 has been $1.6 million, plus $382,193 from the PAVE-NY fund, $240,498 for extreme weather recovery.

Federal aid, Hens said, is still limited.

The county, including applications from towns, has 31 applications made to BRIDGE-NY, with an announcement for funding expected in the fall. 

Hens anticipates needing $2,131,466 for roach machinery in 2019. The department is making lease payments on a dozer, loader, an excavator, and needs a wheel loader, pickup, 2.5-ton truck, and mid-sized track excavator.

The county is responsible for 260 miles of highway. There are 92 bridges longer than 20 feet and 278 bridges and culverts longer than five feet and less than 20 feet. 

"We need to replace two bridges a year to keep our heads above water and we have been doing one bridge a year based on available federal funding," Hens said. 

The rating for the Lyons Street Bridge has been reduced from eight tons to seven. Pratt Road Bridge has been reduced from 19 tons to seven and is scheduled for replacement next year.

Reconstruction of the Stroh Road Bridge is nearly complete and it should open Oct. 1, three weeks ahead of schedule. 

Four culverts in the county of less than 20-foot span were replaced this summer.

The county also completed paving or overlay projects on Indian Falls Road, North Lake Road, North Byron Road, Prole Road Extension, South Street in Pavilion, Colby Road, Hickox, Walker, and Gillate roads in Alexander. 

These projects often included shoulder widening to 30 feet.

The widening has gone over well with residents in those areas, Hens said, who now have more room for walking and biking.

Much of the material used for this work is recycled asphalt from the work at the County Airport to replace the runway and taxiways. This has produced more than 16,000 tons of asphalt for the county to process and reuse.

"It's cheap material," Hens said. "But it's not free. We still have to process it and handle it."

As for county parks, Hens praised the work of Shannon Lyaski, conservation education program coordinator, and Paul Osborn, parks director.

"We've seen year-over-year growth in the environmental programs," Hens said. "We've hit record numbers for revenue and people attending events at the County Park." 

He said Lyaski has done a good job with programming for events at the Interpretive Nature Center.

The revenue generated by these programs cover her salary, Hens said.

As for Osborn, Hens said he's a master at rounding up volunteer workers and scavenging for material for structures in the parks.

"He flips over rocks and pulls people out and he's got people down there cleaning, cutting and trimming," Hens said.

One of the annual programs at the County Park is Camp Hard Hat, which brings in high school students in to build a project under the supervision of a BOCES instructor.

This year, the crew built a footbridge using guardrails Osborn scavenged from the old Stroh Road Bridge.

Attendance has also been up at the DeWitt Recreation Area.

Hens said work on a bridge through the wetlands in the park for the Ellicott Trail should be completed by fall. The county is waiting on the Town of Batavia to finish its part of the trail and Hens is hopeful the trail will open next spring.

For facilities, significant projects in 2018 include a new jail elevator, a security system, new fire alarm for the County Courthouse, and completion of an energy performance contract. For 2019, the county is waiting on a grant for the stonework on the facade of the jail building and a grant is pending for energy upgrades at the Animal Shelter.

In the 20 years since Hens became highway superintendent, the County has invested $30 million in capital improvements, which includes new hangars, a new terminal, and a new runway and taxiways. The funds were all generated by grants or fees for use of the airport and fuel so there have been no direct costs to local taxpayers.

There are 21 jobs at the airport, including private employers, and generates $2.35 million in economic impact.

The airport has brought in more money than it cost in 16 of the past 17 years. Hens anticipates the airport will only break even in 2018 due to a prolonged winter and construction projects.

Pete Zeliff is building a new hangar for corporate jets, which should help generate more revenue for the county through additional fuel sales.

Hens has also been heavily involved in public water projects with several new projects starting this year and more planned for 2019.

PHOTO: Tim Hens in the foreground and Laura Wadhams, the county's new assistant engineer, who started her job a little over a week ago.

Law and Order: Woman accused of resisting arrest in Alabama

By Howard B. Owens

Rachel B. Solomon, no age provided, no residence provided, is charged with two counts of criminal contempt, 2nd, obstructing governmental administration, resisting arrest, and three counts of harassment, 2nd. Solomon was arrested following an investigation in an alleged violation of an order of protection. She was jailed on $2,500 bail or $5,000 bond.

Frank Bergholtz, 41, of Franklin Street, Batavia, is charged with possession of a dangerous weapon. Bergholtz allegedly possessed a knife while at the Probation Department office.

Paul J. Doctor, 40, no permanent address, was arrested on a warrant for alleged failure to appear. Doctor was jailed on $500 bail or $2,000 bond.

Zackary Seeley, 21, of Central Avenue, Batavia, is charged with criminal contempt, 2nd. Seeley is accused of violating an order of protection.

Danny D. Williams, 29, no permanent address, is charged with two counts of criminal contempt, 2nd. Williams allegedly violated two orders of protection during a disturbance on Thorpe Street at 9:41 p.m., Sept. 13.

Joshua D. Beardsley, 29, of Groveland, was arrested on a warrant for alleged failure to appear. Beardsley allegedly failed to appear in City Court on an appearance ticket stemming from a traffic ticket. He posted $250 police bail and was released.

Douglas Scott Sprague, 51, of Judge Road, Alabama, is charged with criminal mischief, 4th. Sprague is accused of breaking items in a residence on Judge Road at 6 p.m. Monday during an argument. He was jailed without bail.

Structure fire reported on Alley Road, Darien

By Howard B. Owens

A structure fire is reported at 483 Alley Road, Darien.

That's between Gadd Road and Countyline Road.

The fire has gone to a second alarm.

It was initially reported as a shop fire but it reportedly quickly spread to a residence. A caller reportedly went into the house to assist an elderly resident with getting out.

Darien fire dispatched along with mutual aid companies.

UPDATE 11:34 p.m. (By Billie): The house closest to the blaze was never in danger; there was no flame damage to the house. A neighbor assisted an elderly resident to the back of the property, where the elderly resident's son resides. Meanwhile, a neighbor and the woman's son removed propane tanks from the building. But the all-metal construction of the shop was nonetheless destroyed. The son is a road construction electrical contractor.

UPDATE 1 a.m. (by Howard): The structure was fully involved when the first firefighters arrived on the scene, according to Capt. Ray Felski, so crews immediately took a defensive posture toward fighting the fire.

"Tthe initial report said it was a shop fire and then it was updated that it might have gotten to the residence," Felski said. "On our arrival, it had not gotten into the residence. It was contained to the shop building, which was fully involved on our arrival."

The structure is a total loss, along with four commercial vehicles parked in the building.

Firefighters from three counties and seven companies responded to the fire. No injuries were reported. The humid night required crews to rotate regularly so they could stay hydrated. There is a large pond on the property near the shop, which was a key source of water, Felski said. Tankers were also dispatched to the fire. "Water was not an issue," Felski said.

The property is owned by the Osborn family.

PHOTOS: First four photos submitted by a reader. The rest of the photos by Howard Owens.

Residents in Bethany given info on new public water district

By Howard B. Owens

The decision on creating a new water district for public water in Bethany is really up to residents of the proposed district, Eric Wies told about 300 people at a meeting at Bethany Town Hall on Monday evening.

Wies is a senior associate with Clark Patterson, the consultant on the proposed project.

The Town of Bethany has created prior water districts but this would be the largest one, as District #5, so far, with 28 miles of pipe installed to deliver water to the equivalent of 500 water customers.

The estimated total cost of the project is more than $13 million. The direct cost to residents in the proposed district can be reduced if the USDA determines the median income in the district is low enough, which would enable the district to qualify for a low-interest loan and about a $2 million grant.

Breaking down the cost per water customer, Weis said the calculation begins with determining an "equivalent dwelling unit" (EDU). An EDU is one household with one family. There is a usage formula to determine costs for commercial users.

Multi-family units are calculated based on one EDU for the first family and a half an EDU for each additional family.

There are approximately 500 EDUs in the proposed district.

Customers who hook into the public water will pay a quarterly fee to the Monroe County Water Authority, plus their share of the debt for installation of the infrastructure.

The most optimistic calculation is $1,000 per EDU per year. The most conservative estimate, Wies said, is a bit more than $1,100 per year.

A typical EDU in Genesee County uses 63,000 gallons of water a year. The current Monroe rate is $2.43 per gallon, plus a base charge of 21 cents per gallon. There is a Genesee County surcharge of 60 cents per gallon but the rate will go up to $1.20 per gallon.

At those rates, the average EDU will pay to MCWA a total of $386.34 per year. (NOTE: See clarification below)

"You've really got to do the math and your own evaluation," Weis said.

Only those residents and businesses that connect to public water will pay for water.

But all property owners in the district will be in debt necessary to build the infrastructure.

Currently, residents in the proposed district are being asked to complete an income survey. If the district qualifies as low income, the USDA will provide the district with a low-interest loan and a $2 million grant. Genesee County will also pay $4.5 million of the cost.

The balance of the $13 million cost will need to be financed.

The estimated debt service under this scenario is $519,910.

The loan would take 30 years to pay off but the responsibility for repayment is attached to the property not the property owner.

Each EDU's share of the annual debt payment would be $631.87.

These numbers are just estimates and if the USDA doesn't provide a low-interest loan and grant, the costs would go up slightly.

Given the topography of the district, the infrastructure requirements include two water storage tanks and two pumps.

Residents with well water would either need to cap off those wells or install a backflow system to block backflow of well water into the public water lines. The cost of backflow blocks and connection to the public water line are the responsibility of the property owner.

UPDATE: After comments about the rate calculation, we contacted Eric Wies and asked him for clarification.  Here is what he provided:

MCWA

  • $0.21 per day x 365 days = $76.65
  • $3.43 per 1,000 gallons x 63,000 gallons = $216.09

Genesee County

  • $1.20 per 1,000 gallons x 63,000 gallons = $75.60

Total Annual Water Cost = $368.34

Photo: Judge Balbick shares sunrise picture

By Howard B. Owens

Batavia City Court Judge Robert Balbick saw the photo we shared this morning from yesterday's sunrise as seen at DeWitt Recreation Area and wanted to share the picture he took about the same time at Terry Hills Golf Course.

Tri-Town happy with decision to skip Alexander CSD fee and build new football field

By Howard B. Owens

Last spring, a proposal by the Alexander Central School District to charge fees to the Tri-Town Youth Athletics Association for use of the high school's football field upset many parents of young athletes.

It could have added another $4,000 to the cost of the football program.

Now, according to Lisa Lyons, president of the association, the proposal may have been for the best.

Rather than pay the fee, volunteers banded together and reconstructed a field in need of repair so it could serve as Tri-Town's new football field.

"Somebody mentioned this week as we were cleaning up at the field, and somebody said, 'I think maybe we should write and thank her, thank Ms. Huber (Superintendent Catherine Huber),' " Lyons said. "This has been a really good thing. Our concession stand is thriving. We have everything in one place. It's made things on game days a lot easier. We're not hauling equipment and concessions to the football field and back. It's been a lot better for us. It really has."

The field -- which is on property used by Tri-Town behind the Alexander Fire Department Recreation Hall off of Alexander Road -- was used for soccer and other activities but over the summer, volunteers brought in heavy equipment and stripped the existing grass from the field, regraded it, leveled it and planted new sod. The only expense -- which Lyons said she would need board permission to disclose -- was the new grass.

The new field has brought back a lot of Tri-Town alumni back to check things out and attendance at the youth football games has increased, Lyons said.

"I feel like people have come out to the woodwork to see what’s going," she said.

Tri-Town hasn't completely worked out what it will do for basketball. It's probably unavoidable to use school facilities for practices, which means paying a fee for usage and chaperons (a new requirement from the district) but Lyons indicated they may have other options than using the school on game days.

"We have to weigh out our options and see what the best financial option is," Lyons said.

Photos: Football photos by Howard Owens from Saturday. Construction photos submitted by Lisa Lyons.

Byron-Bergen girls soccer raises $3,000 for cancer research

By Howard B. Owens

Press release:

On Saturday, Sept. 15, the Byron-Bergen soccer teams took to the field looking to score more than one kind of goal. Of course, they wanted to win their games but they also wanted to raise awareness for testicular cancer and a monetary donation to the Wilmont Cancer Institute.

They were successful on all fronts. The varsity girls won 3-0 against Alexander and the varsity boys won 4-1 against Attica. Byron-Bergen players set aside their burgundy team jerseys and played in T-shirts, blue for testicular cancer awareness, reading “Kickin' Cancer” on the front. In addition, they collected $2,910 in cash and checks.

Several vendors were present at the event who will donate a percentage of their sales to the total. When those final numbers are in, the teams are hopeful that it will bring the total to $3,000.

The check presentation to the Wilmont Cancer Institute will be scheduled for later in the school year. 

Photo: Varsity Girls Soccer Team, from left, Miriam Tardy, Chloe Shuskey, Hope Hersom, Holleyann Winder, Rebecca Johnson, Veronica Duell, Lydia Campbell, Zoey Chambry, Elizabeth Donnelly, Julianna Anesbury, Melissa MacCowan, Eden Goff, Kelsey Fuller, and Jillian Menzie.

Photo: Sunset in Bethany

By Howard B. Owens

The sky was beautiful yesterday evening in Genesee County. I was in Bethany but without my camera. I ran into Patrick Reynolds who was out with his Nikon taking pictures so I asked him to send us something.

Photo: Sunrise at DeWitt

By Howard B. Owens

John Michaels took this picture at DeWitt Recreation Area yesterday morning.

Lost kitten on Chandler Avenue

By Howard B. Owens

Bryan Lazarony thinks this kitten is missing a home. He found it on Chandler Avenue, across from UMMC. It has no tags or collar.  

The kitten's owner can call or text (585) 813-5745.

Collins changes mind, will remain on GOP ballot in NY-27

By Howard B. Owens

Rep. Chris Collins, the three-term congressman representing the NY-27 who was arrested on insider trading charges, will remain on the ballot in the November election.

Collins, in contradiction with prior statements, has decided not to cooperate with the efforts of GOP leaders in the district to have his name removed from the ballot and replaced by a new candidate.

Below is the only statement released by the Collins' campaign about the decision:

“Because of the protracted and uncertain nature of any legal effort to replace Congressman Collins we do not see a path allowing Congressman Collins to be replaced on the ballot.”

Statement by Mark Braden, legal counsel for Rep. Chris Collins

GOP county chairs were scheduled to meet tomorrow in Albany to select the person they hoped would replace Collins. WBTA reached Genesee County Chair Dick Siebert this afternoon and he said he was as surprised by the sudden of plans as everybody else.

In response to the news of the decision, Nate McMurray, running as the Democratic opponent to Collins in the election, released the following statement:

Today, Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, responded to the breaking news that his opponent, indicted Congressman Chris Collins, the first Member of Congress to endorse President Trump, will remain on the ballot despite long-pushed rumors that he would removed before November.

This morning several local news outlets reported and local Republican leaders confirmed that Congressman Collins, on advice from his attorneys, will choose to remain on the ballot.

“Well, it’s nice to finally know who I’m running against. But, in truth, we always knew we were running against Chris Collins. There are laws for a reason. There is accountability in our society for a reason. And in the greatest democracy in the world, voters weren’t going to take this kind of sham switching around names on a ballot at the whims of local party bosses,” McMurray said.

“I credit the people of Western New York for standing up in town after town saying ‘don’t force him on the ballot in my town.’ They saw through this fraud. They weren’t going to fall for the bait-and-switch strategy by the same team that endorsed, celebrated, took pictures with and defended Chris Collins.

“There is an incredible grassroots movement in NY-27. Like me, the voters want to Fight Like Hell against the political machine that has let them down for so long. They like that I’m an underdog. Every day when I’m out meeting voters, we talk about affordable, accessible healthcare for all, defending Social Security, investing in our infrastructure, protecting our farms. But in this region, we’re still always talking about corruption. Voters have a chance to end that once and for all in NY-27 and I’m excited for the next 50 days.”

McMurray heard the news as he was on stage opening his new office headquarters, his fourth in two months, standing with Democratic National Committee Chairman Tom Perez. Chairman Perez announced the news to a raucous crowd of more than 120 volunteers and supporters as he announced that the DNC was “all in” for Nate’s campaign.

Accident reported on Route 5, East Pembroke

By Howard B. Owens

An accident is reported on Route 5 near Cleveland Road, Batavia.

This is a rollover accident. There was an initial report of a serious injury and entrapment but the patient may be out of the vehicle.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 9:24 a.m.: The driver suffered only minor injuries in this rollover accident. He told a deputy he fell asleep. His vehicle exited the road, went airborne, flipped over and then hit the utility pole sideways, which knocked it back on its wheels. The driver was able to self-extricate. A citation may be issued in  the accident.

Multi-vehicle accident reported on Batavia Elba Townline Road

By Howard B. Owens

A multi-vehicle accident is reported at 3686 Batavia Elba Townline Road, Batavia.

A dump truck is involved.

Extrication is needed.

Unknown injuries but so far no report of serious injuries.

Town of Batavia fire and Mercy EMS dispatched.

Oakfield Fire Police request for traffic control.

UPDATE 9:15 a.m.: Sun was a likely factor in the four-vehicle accident, according to a trooper at the scene. He did, however, anticipate issuing citations. One person was injured, the driver of the silver sedan. She was not seriously hurt. This was actually two accidents. The first accident, the pickup into the garbage truck. The next two cars came along later.

Public hearing dates for state-mandated report on shared services

By Howard B. Owens

Press release:

New York State, as part of the Adopted 2017/18 State Budget, included a mandate on all local governments to discuss and develop shared services ideas and plans for eventual submittal to the County Legislature and subsequently the New York State Department of State.

Part of the process for discussing and developing these public sector shared services plans is to have public meetings/opportunities for citizen input and to take suggestions on possible public sector shared services opportunities that have not already occurred and are in place.

The Genesee County Legislature scheduled three Public Hearings and has added a fourth opportunity for public comment to be held Tuesday, Sept. 18, at 4:30 p.m. in the Old Courthouse, 7 Main St., Batavia. All interested citizens are encouraged to attend and provide comments.

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