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Batavia man, 62, accused of dealing drugs

By Howard B. Owens
      Adner Davila

Adner P. Davila, 62, of West Main Street Road, Batavia, was arrested Friday on a sealed indictment for allegedly selling cocaine to an agent of the Local Drug Task Force and at the time of his arrest officers say they found more drugs and cash.

Davila was charged with two counts of criminal sale of a controlled substance, 3rd, five counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia. 

After receiving a sealed indictment against Davila, members of the Local Drug Task Force observed Davila driving in Batavia on Friday evening. A uniformed deputy initiated a traffic stop as he pulled into a parking lot. 

Once in custody, his car was searched and he was allegedly found in possession of 18 bags of cocaine and $439 cash.

Investigators then searched his residence and report finding cocaine, morphine, drug paraphernalia and more cash.

Davila was arraigned in both Town of Batavia Court and City of Batavia Court and ordered held without bail.

Additional charges pending lab results.

Club president expects a Muckdogs season in Batavia in 2018

By Howard B. Owens

After tonight's final home game of the 2017 season, we spoke with Brian Paris, president of the Genesee County Baseball Club, a community-based group that co-owns the Muckdogs with the Rochester Red Wings, for his thoughts on the season and the chances the Muckdogs will be back in Batavia for 2018.

The Muckdogs lost tonight to Auburn 6-3 in a game delayed by rain and attended by 494 fans on a night before school starts. The team is 30-44 and plays one last game in Auburn in a matchup that will determine whether the Muckdogs can avoid finishing in the cellar.

Dreamers could stay under bill cosponsored by Collins after Trump rescinds DACA

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) called for Congress to immediately enact a permanent solution to address the Deferred Action for Childhood Arrivals (DACA) program imposed by former President Obama and now rescinded by President Trump. 

In order to reach a quick resolution, Collins is cosponsoring H.R. 1468, the Recognizing America’s Children (RAC) Act, introduced by Congressman Carlos Curbelo (R-FL). 

The RAC Act provides five-year conditional legal status to undocumented immigrants brought into the United States as minors if they obtain a higher education, maintain continual employment, or serve in the United States military. These individuals are eligible for permanent legal status if they continue to demonstrate good moral character, including maintaining a clean criminal record and staying off government assistance for five years.

“Nearly 800,000 minors were illegally brought into this country by their parents. President Obama superseded the authority of Congress by issuing an executive order that was a temporary patch and provided no certainty to these children,” Collins said. “President Trump properly rescinded the Obama DACA program which protected illegal immigrants without Congressional approval.”

Collins said many of the immigration problems the nation is now facing are a direct result of the porous borders under the Obama Administration when millions of immigrants illegally entered the United States, bringing their minor children with them.

Now, President Trump has referred the matter to Congress for legislative action and to send a bill to his desk to be signed into law that gives these young people, so-called Dreamers, certainty with permanent legal work status. At the same time, Congress needs to make sure our borders are secure.

“Just like President Trump and other members of Congress, I recognize that these young men and women were brought to our county illegally, with no fault of their own,” Collins said. “I look forward to working with my colleagues in Congress to create long-term certainty for these individuals.”

Collins also said it was time for comprehensive immigration reform to address areas such as H-2A and H-2B visas granted to temporary farm workers. In addition, he said it was time to address the estimated 12 million illegal individuals in the country.

“I’m a strong supporter of comprehensive immigration reform that keeps our borders secure and allows farmers to access a willing and available labor force. We need to use this opportunity to address the larger immigration issues facing our nation but cannot award citizenship to adults that enter our country illegally. Labor from undocumented workers is critical to Western New York’s agriculture community and we need to give these individuals the ability to gain legal work status.”

For more information on H.R. 1468, Recognizing America’s Children Act, click here.

UPDATED -- FOUND: Missing chocolate lab puppy in Oakfield

By Howard B. Owens

Nicole Shultz bought one of her daughters a chocolate lab puppy for her birthday and more than a day ago it got out and ran into a cornfield on Maltby Road in Oakfield.

The family hasn't seen the puppy since and is asking for help in locating it and getting it back home.

Shultz said people have told her they've seen the puppy in the area, but they haven't been able to subsequently locate it.

They've put up signs at different locations in the area and left trails of food to get her back home.

"We miss her dearly," Shultz said.

Shultz can be reached at (585) 813-8864.

UPDATED 8:34 p.m.: The puppy is back home. A farmer cutting hay in a field spotted her and the owners tracked her down and caught her and took her home.

Photos: Connect Day at BMS

By Howard B. Owens

Nick Cain talks with Batavia Middle School students today during Connect Day at the school, which is a time for new students, mostly incoming fifth-graders, to get acquainted with the school before classes start.

They met eighth-grade mentors and participated in team-building exercises. Cain provided karate instruction to go with a talk on success in school. The other pictures below are from a game that is part four-square and part volleyball.

Fleet arrangement with Enterprise could save county $80K a year

By Howard B. Owens

A proposal to switch out the most of the county's current fleet of vehicles to a national vendor to manage and maintain the fleet could save the county as much as $80,000 a year, according to a proposal presented to the Legislature's Public Service Committee on Tuesday.

Enterprise Rent-a-Car provides the same service to several other counties in New York, said Representative Jimmy Adams, and those counties have achieved the anticipated cost savings and seem satisfied with the service.

The program will start with Enterprise taking 47 of the vehicles in the county's fleet now and selling them at an estimated total of $580,000 returned to the county. Enterprise would then replace those 47 vehicles with 47 new vehicles, purchased at the typical discounted government bid rate, and the county would make payments on those vehicles.

Legislature Chairman Ray Cianfrini wanted to know if Enterprise would guarantee that the 47 vehicles would sell for at least $580,000 and Adams said, in a word, no.

"We are very conservative (in our estimates)," Adams said. "We have a remarketing manager who is in our Rochester office. His sole job is to go through, give these values to new clients and current customers and make sure those are values we can live up to because we know at the end of the day, if we don't we're going to be in meetings similar to this and explain why we missed."

County Manager Jay Gsell said doesn't expect any surprises when Enterprise puts the vehicles on the market.

"Based on the current age of our fleet and the condition in which the motor pool maintains those, I don't think we've got any hidden upsets as far as that's concerned, but there is nothing absolute in terms of what the whole 47 will generate in net value," Gsell said.

The other potential problem, Cianfrini said, is what if the partnership doesn't work out and the county wants out of the deal. He thinks the county will be out 47 vehicles and will need to buy 47 vehicles.

Adams said, first, that has never happened with one of these vendor arrangements for a government entity, and second, even if that were the case, the county will be in a "positive equity position" on each vehicle because the government bid price on the vehicles is so low. Over the first year or so of such an agreement, the county would be paying down the principal owed on each vehicle and if Enterprise sold the car at that point, "Enterprise would be writing a check to the county," Adams said.

That positive equity position would make it easier, Adams said, for the county to walk away from the deal if it decided to go that route.

There are also potential cost savings because Enterprise will be responsible for maintenance and mechanical repairs on the vehicles, which could mean the elimination of a mechanic's position from the county's budget. Cianfrini suggested that instead of eliminating a job, perhaps that service could be sold. Gsell said the county has a history of not competing with private enterprise and thought it would be logistically difficult to offer that service to another county. Committee Chairwoman Shelly Stein noted that Tim Hens, county highway superintendent, has said (he wasn't at the meeting) that there is plenty of backfill work that is going undone that could be done if a mechanic was freed up from his current duties.

A state audit found a flaw in how the county was accounting for its fleet expense and this agreement would help resolve that issue, Gsell said, which is one reason why he's recommending the Legislature move on the proposal this budget year instead of waiting until 2018.

Care for children no longer in family situation and with behavioral problems significant cost for county

By Howard B. Owens

An ongoing expense struggle for the county's Department of Social Services said Commissioner Eileen Kirkpatrick is the cost of supporting children in foster care, and especially those who are institutionalized because of serious behavioral problems.

There are about 15 kids in institutional care, which costs the county about $225,000 per year per child.

These are children whose parents could either no longer handle them, or the parents are out of the picture and the children caused problems in foster care settings.

"Some kids' behavior is so extreme not only are they not safe, their families aren't safe and their foster parents aren't safe," Kirkpatrick said. "I'm talking about kids who assault staff, who actually beat up their caretakers."

Kirkpatrick talked about one child who has been in DSS care since she was 12. She frequently ran away from her foster homes and later her institutional care homes.

"I'm responsible for her until she's 21," Kirkpatrick said. "That young lady, she got out of OCSF at 18 and a month beforehand, we moved her into a supervised independent living program. I'm surprised. She's been there since June and actually has stayed there."

That $45,000 annual fee is better than the $225,000 it cost to keep her institutionalized.

There are currently 51 children in foster care, Kirkpatrick said, and the vast majority of them are typical children, going to school and staying out of serious trouble.

The county needs to find more local foster parents, though. Kirkpatrick anticipates an increase in need with school starting when schools are more likely to identify children with problems at home. Today's problems that lead to foster care often involve parental drug addiction. Opioid addiction takes a toll on the children, too.

It's better for the county to place children with the county's own foster parents than through one of the volunteer agencies, she said. That's because when the child goes to an agency, the county often ends up handling case management for the child; making sure they get registered for school, go to school and make any doctor's appointments, for example. So the county doesn't escape that expense, even though it's paying a higher fee for outside placement.

This was Kirkpatrick's last department review with County Legislators before retiring. Her presentation, she said, was meant to inform legislators of one of the significant cost issues facing DSS as the county heads into another round of budget preparation.

County's veterans' services officer makes case for part-time assistant

By Howard B. Owens

The county's veterans' services officer, William Joyce, tries to ensure claims filed by veterans are processed in a timely manner so they get the benefits they deserve.

That means he sometimes comes in at nights during his vacations to catch up on things. He sometimes comes in early so veterans can stop in before they go to work. If he does go away on vacation or a conference or training, he immediately jumps in on the large stack of files that have piled up on his desk.

In short, he made the case Tuesday to the Human Services Committee that he could use the help of a part-time assistant.

Joyce's presentation was part of his periodic department review with the Legislature and was not a formal request, but it's the kind of information, Chairwoman Shelly Stein acknowledged, that is timely for the Legislature as they prepare to start looking at another annual budget for the county.

Legislator Ed DeJaneiro said he appreciated Joyce's efforts.

"We're lucky to have you," Joyce said. "The veterans are definitely satisfied with the service. I hear you loud and clear, you need a little help. You should not be spending your vacations on work."

The Veterans Services Office provides a host of services for area veterans and their families, including helping with service-connected compensation, obtaining education benefits, vocational training, medical benefits, home loans, burial benefits, and survivor's benefits.

A veterans' services officer must go through training with the VA and become certified in order to assist veterans. That requirement would also apply to even a part-time assistant. The next training class is in October.

"Without accreditation, the work doesn't go out the door," Joyce said.

And there is more work in recent years, Joyce said.

"We've seen an increase in the number of claims being submitted," Joyce said. "I'm surpassing surrounding counties that have multiple service officers, Wyoming, Orleans, and they have just about the average (number of) veterans I have and I'm over the top with the claims. In fact, as I've said last year and the previous year, their veterans are coming to me."

The job is one Joyce says he enjoys and he has no plans to retire anytime soon, though he said he is sometimes asked by other veterans when he might step down. But an assistant would likely be the person to replace him when he does step aside.

"Whenever I get my fill (I'll retire)," Joyce said. "Whenever that date is, I don't know. I enjoy what I'm doing. I took care of troops for 40 years, now I'm taking care of veterans."

Two projects on GCEDC agenda for Thursday

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for a $5.5 million capital investment by Yancey's Fancy and a $2.6 million capital investment by Gateway GS LLC. Both matters will be considered at the Sept. 7 GCEDC Board meeting.   

Gateway GS LLC has applied for approximately $140,000 for sales tax and mortgage tax incentives for the new company’s proposed 25,000-square-foot spec building at the Gateway II office park.

Artisan cheese maker Yancey's Fancy is proposing to invest $5.5 million to expand and renovate the Kutter's Cheese facility on Main Road in Corfu. The project is expected to create 15 new jobs. Yancey's Fancy has applied for approximately $1.2 million in sales and property tax exemptions.

All GCEDC Board meetings are open to the public. The Sept. 7 meeting will take place at 4 p.m. in the Innovation Zone board room on 99 Medtech Drive, Batavia.

Open house and dedication for new GCC facilities set for Thursday

By Howard B. Owens

The dedication ceremony and open house for the Richard C. Call Arena and the Student Success Center at GCC will be at Thursday, Sept. 7, at Genesee Community College. Open house begins at 5, with the dedication ceremony commencing at 6, with a reception immediately following.

Press release:

The Dedication Ceremony of the Richard C. Call Arena is a special event to officially open the new 54,000 square foot facility that now houses many of Genesee Community College's physical education classrooms and coaches offices, a new Fitness Center, meeting rooms, a press box overlooking the Turf Field, and the 20,400-square-foot field house that can accommodate many different types of events-from sporting competitions to trade shows and community gatherings.

The Dedication Ceremony also honors and recognizes the many donors who contributed to the "Creating Our Future Together" capital campaign. (The event is by invitation only.) The Ceremony commences at 6 p.m. in the Richard C. Call Arena with a reception immediately following. GCC's new facilities, including the Student Success Center which was occupied in July, will be open for visitors to see before and after the ceremony.

In January 2015, Genesee Community College kicked off its "Creating Our Future Together" fundraising campaign with the goal to raise $5 million to support the construction of two new facilities at the College's Batavia Campus, and also to support student scholarships emphasizing outreach to students living near GCC's campus centers in Albion, Medina, Arcade, Warsaw, Dansville and Lima. By the end of 2016, "Creating Our Future Together" exceeded its goal and a total of $5.5 million was raised.

In May 2016, Genesee Community College's Board of Trustees formally dedicated the College's new event center in honor of longtime College supporter Richard C. Call, who was a member of the GCC Foundation Board from 2001 until his death in 2014. Mr. Call was a strong proponent of volunteerism and philanthropy, and also an advocate of a new event center at GCC. He recognized its potential economic impact on the overall region as well as its intrinsic value to the teaching and learning experience for students of all ages.

Over many decades, Mr. Call and his brother, Robert, built Call Farms into a highly innovative and nationally-known agricultural enterprise. Mr. Call's brother and their children continue to operate the farm. Not surprisingly, Mr. Call encouraged other agricultural leaders across the region to get behind the "Creating Our Future Together" campaign and collectively, they were instrumental in making the new Arena possible. Mr. Call was also a strong supporter of many community causes, and had a special interest in youth. In addition to his local volunteer commitments, he was well-known across the United States for his leadership in agricultural organizations and he served as a member of the Board of Trustees of Cornell University.

Comprehensive Plan Steering Committee to make presentation to Legislature on Sept. 11

By Howard B. Owens

Press release:

All members of the public are invited to join for the 17th annual Genesee County Comprehensive Plan Steering Committees presentation to the Legislature. The presentation will be held at 6 p.m. on Monday, Sept. 11, at the Old Court House, 7 Main St., Batavia.

The Comprehensive Plan Steering Committee meets six times throughout the year, taking in feedback from more than 100 individuals from various levels of government, nonprofit agencies, business and industry, and interested citizens regarding the topics: Agriculture and Food Production; Community Wellness; Criminal Justice and Emergency Management; Economic and Workforce Development; Government Administration and Education; Housing Opportunity; Land Use, Environment, and Place-Making; Parks, Arts, Recreation and Culture; Technology and Utilities; and Transportation and Mobility.

The information gathered through this process is then reported to the legislative body to guide them in ongoing decision making and as they develop the next year’s County Budget.

Advance information may be obtained by contacting Derik Kane at the Genesee County Planning Department

County Building 2
3837 W. Main Street Road
Batavia, NY 14020
(585) 815-7901

Vine Street main accused of selling crack cocaine

By Howard B. Owens
     Quinton Spinks

A 33-year-old Vine Street resident has been arrested and accused of selling crack cocaine on at least two occasions to an agent of the Local Drug Task Force.

Quinton L. Spinks is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested on a grand jury warrant Aug. 28.

He was jailed on $10,000 bail.

Police issue statement about knife incident Liberty and Main, Batavia

By Howard B. Owens

Press release:

On 09/02/2017 at approximately 11:41 a.m., the Batavia Police Department responded to an incident involving a knife where a subject had been cut in the upper arm. The injured subject was treated and released at the hospital. Police were able to locate and speak to all parties involved in the incident. Further police assistance was declined.

Law and Order: Woman accused of breaking windows Sunday afternoon

By Howard B. Owens

Amanda Lynn Abrams, 26, of Council House Road, Tonawanda Indian Reservation, is charged with criminal mischief, 3rd. The Sheriff's Office received a complaint at 5 p.m. Sunday of several broken windows, including broken windows on a vehicle, at a location on Sand Hill Road, Tonawanda Indian Reservation. Upon investigation, it's alleged that Abrams broke windows "with no reasonable grounds to believe she had such a right," damaging the property of another person.

Joseph A. Saraceni Jr., 21, of Linwood Avenue, Batavia, is charged with driving while ability impaired by drugs, unlicensed driver, following too closely and failure to signal a turn. Saraceni was stopped at 9:45 a.m. Aug. 28 in Wyoming County after a trooper observed Saraceni allegedly following another vehicle too closely. When the trooper attempted to follow Saraceni, he made an abrupt turn reportedly without signaling. During the traffic stop, State Police say Saraceni presented an expired license. He provided a list of medications he was taking that included controlled substances. The trooper conducted a field sobriety test and he was processed at SP Warsaw by a drug recognition expert. He was issued an appearance ticket and turned over to Monroe County Sheriff's Office on an active probation warrant.

Batavia Area Jaycees announce results of Labor Day 5K

By Howard B. Owens

Bill Buckenmeyer won the Batavia Area Jaycees' Labor Day 5K race yesterday with a time of 18:11.

The female winner was Kimberly Mills with a time of 19:53.

The top walker was Gina Giese with a time of 36:13.

There were also winners in various age categories.

At the youngest level, 14 and under, the top male and top female were Kameron Kuszlyk (22:46) and Maya Ciocola (29:20).

In the over 60 category, Frank Gioia (21:24) and Janice Spiotta (26:12) had the best times.

For a complete list of participants and times, click here.

House in Darien struck by lightning, filling with smoke

By Howard B. Owens

Multiple fire companies have been dispatched to 9792 Ridge Road, Darien, for a house struck by lightning with smoke reported in the residence.

Darian fire was initially dispatched.

Mutual aid requested from Alexander, Town of Batavia, Corfu, East Pembroke, Indian Falls, and City Fire.

UPDATE 11:23 p.m.: City's fourth platoon requested to the station. Emergency management requested to the scene.

Severe thunderstorm warning until 11:15 p.m.

By Howard B. Owens

There is a severe thunderstorm warning in affect until 11:15 p.m. The storm is moving through the area at 60 mph. Wind gusts up to 60 mph possible. Damaging hail possible. Downed tree limbs and power lines possible. 

Photo: Ladder 15, wheels up

By Howard B. Owens

A couple of City firefighters today had Ladder 15 in the parking lot of Yancey's Fancy on Evans Street to practice with one of the truck's unusual capabilities, lifting the front wheels off the ground.

Typically, if firefighters wanted to swing the bucket to the rear of the truck and lower it to the ground, the negative angle would only be 5 percent.  With wheels up, the bucket can reach a negative angle of 20 percent.

That might come in handy if the bucket was needed, say, to rescue somebody from Tonawanda Creek, or down in a gully or any situation where the truck was being used on a slope and the bucket needed to be lowered to the ground. The old Ladder 15 didn't have a frame strong enough to handle this maneuver.

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