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Pavilion Central School was on lockdown for a period of time this morning after a threatening post was spotted on social media.

Chief Deputy Gordon Dibble said the Wyoming County Sheriff's Office is handling the investigation. We've reached out to the WCSO for more information.

"We understand they have addressed the threat and have things under control," Dibble said. " We only have patrols in the area of the school as a precaution."

We'll update this post if more information becomes available.

UPDATE 10:43 a.m.: Pavilion Superintendent Ken Ellison said the school was never on an official lockdown. There were deputies in the area as an extra precaution, but an actual lockdown was never initiated. Ellison said the district became aware of a threatening statement posted on social media last night and he worked most of the night with the Wyoming County Sheriff's Office and the Genesee County Sheriff's Office on the investigation. A spokesman for WCSO said that office will likely have a statement on the situation this afternoon, but the investigation is ongoing.

As County Manager Jay Gsell and the Legislature work on finalizing the 2017 budget, it's been a bit of a nail-biter for county officials wondering if they would be able to close on the sale of the Nursing Home before Dec. 31.

Without the close, the county would need to include nearly $16 million in expenses and offsetting revenue in the budget.

Back in May, the NYS Health Department approved the certificate of need ("CoN" -- a kind of license) 160-bed care facility, but officials had gotten no word on the other CoN for the 80-bed adult home.

All along, Gsell felt the sale would be finalized before the end of the year, but without final approval, there was no way to count on it.

Yesterday, an executive with the prospective Nursing Home buyer, Premier Health LLC, got a phone call from a state official saying the certificate of need was approved and an official letter should be dropped in the mail today.

"At least now we have a very good sense that this is actually going to happen in the calendar year 2016," Gsell said.

Once the letter is in hand, both sides can start working on the details of closing the sale, including transferring employees and contractors, completing paperwork, and finalizing how to handle accounts receivable, among other details.

That will be a three- or four-week process, Gsell said.

The county will get about $15 million for the nursing home, but after expenses, only about 25 percent of those proceeds will be available for either the general fund or the capital fund.

Gsell was able to share the good news with legislators yesterday during a budget work session.

There were no decisions that came out of yesterday's budget discussion. The legislators have a 292-page, $141 million budget to pore through as they grapple with their options for the tax rate, deficit spending or any big spending cuts that they might make.

Gsell's budget is balanced, but it requires pulling $1 million from reserve funds and reallocating sales tax revenue from future road and bridge repairs to the 2017 general fund.

A $15 million increase in assessed value, of which about $7 million is taxable, for properties in the county, makes the break-even tax rate for the 2016 vs. 2017 tax levy at $9.66 cents per $1,000 of assessed value.

Gsell's budget proposal increases the tax levy by $645,000, the maximum increase under the state's tax cap law.

That would set the 2017 property tax rate from the county at $9.76 per thousand of assessed value, or 10 cents lower than 2016.

The Legislature will consider whether to pass a resolution authorizing them to override the tax cap limit to raise taxes. Because of timing and budget deadline issues, the resolution will need to be passed before they even get to the point of deciding what the tax rate should be.

It's a policy decision for the legislature whether to accept Gsell's budget as proposed, raise taxes to reduce deficit spending, or make significant cuts in non-mandated services, such as parks and law enforcement.

A convicted sexual predator has been arrested and accused of sexual contact with a child.

Marlek E. Holmes, 42, of Batavia, is being held without bail after being arraigned in County Court on an 11-count grand jury indictment.

The assaults allegedly occurred in the City of Batavia and Village of Le Roy from 2010 to 2015.

He is charged with two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

Holmes has previously been arrested locally on charges of failure to register a change of address as a Level 3 sexual offender and of sending indecent texts to a child.

Watch for slick roads and sidewalks early this morning because of a bit of snow that may fall over the area, according to the National Weather Service.

The surfaces of bridges and overpasses are more likely to acquire temperatures closer to freezing, so are more likely to be slick.

The snow will change to sleet and then rain over the course of the morning.

Heather Ace was hanging out at a friend's house drinking Four Loko* the night of May 20 when her mother tried to call her and tell her that her house on Bank Street Road was on fire, according to a statement Ace gave to investigators.

When Ace didn't answer the phone, her mother sent her a text message, according to a statement by Tracy Ace, that read, "Answer your f---ing phone."

Heather answered on the next ring.

According to Heather's friend, Ashki Zajaczkowski, Heather dropped the phone and started screaming.

Zajaczkowski drove Heather to 8157 State Street Road, Batavia, where she lived with her three boys, including two fraternal twins, Micah and Michael Gard, and before Zajaczkowski would even stop the car, Heather was running from the car hysterically. 

The evening wasn't supposed to go as it did, according to the statements. Heather Ace was planning to go to the movies with Zajaczkowski and other friends, but as afternoon turned to evening, nobody really felt like heading out of town.

Ace put her two children to bed sometime between 8 and 8:30 p.m. and then headed over to a friend's house. She smoked some weed and then went to the Speedway and bought a can of Four Loko and some water before heading over to Zajaczkowski's house.

The two boys were locked in their room, with a lock on the kitchen side of the door put in place after the boys wandered out of the house over to the neighboring house, the residence of their grandparents.

When firefighters arrived that night, they also found the door leading into the apartment kitchen locked. Heather Ace said in her statement, she didn't know how the door became locked. She said she didn't lock it before leaving the house. Tracy Ace said it wasn't Heather's practice to lock the door because her husband needed access to the basement, where he stored his tools.

The cause of the fire has never been determined.

Micah and Michael died in the fire and Heather Ace has been charged with endangering the welfare of a child.

She appeared in Town of Batavia Court yesterday and entered a not guilty plea.

She is represented by public defender Jerry Ader, who said yesterday he had not yet had a chance to discuss the case with his client.

Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.

*Four Loko is a flavored, malted alcoholic beverage.

A woman who has previously run afoul of the law in Genesee County has new legal troubles in Ontario County after allegedly selling a rescue animal from the kennel where she started working six weeks ago to a Canandaigua woman.

Cassandra Blake was jailed today on $250 bail or $500 bond for her alleged role in taking a labradoodle from the kennel where she worked, posting an ad for it on Craigslist under the alias Amy Fairview and then selling the dog, which was actually a family pet belonging to somebody else.

Sources told our news partner 13WHAM that Blake has been known to sell pets on Craigslist recently.

In 2014, Blake was indicted in Genesee County on a grand larceny charge. Blake was accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion.

That charge led to Blake being placed on probation, and that probation was later transferred to Monroe County.

During today's annual meeting of the Chamber of Commerce at Rochester Club West @ Bohn's, Chamber President Tom Turnbull recapped what has been a successful and active year for the local business group.

Turnbull ran through a long list of the Chamber's activities and accomplishments.

The chamber hosted its annual awards, a home show and several business workshops, including ones on public speaking, drugs in the workplace and tax tips. The chamber, of course, attended many ribbon cuttings for new and expanding businesses. The chamber was active in pursuing public policy issues at the local and state level. It administered a small business loan program, hosted business after-hours events, and a trip to China. 

The hot and dry summer was good for tourism, but with the monetary exchange rate weakening with Canada, there were fewer Canadian visitors to the region this year, which looks like it will translate into a 4-percent decline in tourism revenue.

Still, hotels took in about $14.5 million, which translates into about $150 million in local economic impact.

The tourism agency fostered several group visits, including youth baseball tournaments, soccer events, car clubs and even a Winnebago rally at a local RV park.

There were 15,000 visitors to the county, and 1,500 room nights booked.

Turnbull said the chamber is excited to see the new hotel at Batavia Downs open, with a ribbon cutting at 5:30 p.m., Nov. 2.

The chamber will have its own grand opening to look forward to in January at its new office building on Park Road, but staff will start moving into the new facility this week.

"We'll have a have a ribbon cutting, of course," Turnbull quipped. "We're a chamber."

The new board of directors was also introduced:

Chris Suozzi, chairman, from the Genesee County Economic Development Center
Immediate Past Chair: Hiedi Librock, Town of Batavia

The directors are:
Steven Beardsley – Tompkins Bank Of Castile 
Mary Blevins – ESL Federal Credit Union
Tim Call – Empire Tractor
Jeff Cook – Liberty Pumps
Keith Conway – Z&M, Ag and Turf
Jonathan Mager – Arctic Refrigeration Co. of Batavia
Michael Nolan – Batavia Downs Gaming
Chan Patel – Quality Inn & Suites 
Michael R Rivers – Rybak, Metzler & Grasso PLLC
Danielle Rontondo – Terry Hills Golf Course & Banquet Facility
Joseph Teresi – Tompkins Insurance Agencies Inc.
Chris Thorpe – Darien Lake Theme Park
Eric Wies – Clark Patterson Lee
Jennifer Zambito – Genesee Community College Foundation
Robert Bausch – Genesee County Legislative Liaison

Genesee County's unemployment rate continues to say in the low 4-percent range, according to the latest figures from the state's Department of Labor.

The September 2016 rate was 4.2 percent, compared to 4.1 percent a year earlier. 

There are 29,000 Genesee County residents with jobs, out of a labor force of 30,400. The labor force participation a year ago was 30,200.

Total non-farm jobs in Genesee County for September was reported at 23,500. A year ago, 23,600 non-farm jobs were reported in the county.

The second of two men arrested the day the 7-Eleven in Oakfield was robbed in March was sentenced to three years in prison for his part in the crime.

Tyler Penepent, 22, avoided a possible 25-year term by accepting a plea deal.

Co-defendant Justin Smith also entered a plea deal previously and has already been sentenced to three years in prison.

The duo was captured because a clerk in the 7-Eleven recognized Smith and they were taken into custody within hours of the robbery. 

They were charged with robbery in the first degree after entering the store at 2:30 a.m. March 14 wearing ski masks. They confronted the clerk and demanded the code to the cash register. They took off with an undetermined amount of cash.

Via our news partner WBTA.

At 84-years-old, soon to be 85, Laura Viehdeffer is likely the oldest person to ever plead guilty to a drug sales charge.

Viehdeffer, a resident of West Main Street, Batavia, was arrested May 25 for two incidents nearly a year before when she sold hydrocodone, which she had a prescription for, to an agent of the Local Drug Task Force. She entered a guilty plea in August to one count of criminal sale of a controlled substance.

She was sentenced yesterday to five years probation by Interim Judge Michael Pietruzska.

Defense attorney Jamie Welch argued that given his client's lack of criminal record and advanced age, a conditional discharge (meaning the conviction is wiped clean if she stayed out of trouble for six months) was the most appropriate sentence.

 “This is unlike the 20-, 30- or 40-year-old defendants facing these charges,” Welch said.

Pietruzska made no comment on Welch's argument before sentencing Viehdeffer.

Viehdeffer made no statement prior to being sentenced.

Photo and info via our news partner, WBTA.

Batavia Middle School was on lockdown for a brief time this morning after a caller reported hearing a gunshot a couple of blocks from the school.

The report turned out to be unfounded and the school was quickly taken off of lockdown.

A motorcycle has reportedly struck a deer in the area of 2178 Broadway Road, Darien.

That's just west of Smithley Road.

The rider is reportedly conscious and alert.

Darien fire and Darien ambulance responding.

Press release:

Congressman Chris Collins (NY-27) today released the following statement after reports found that premiums for Obamacare’s benchmark plans are set to increase by an average of 25 percent. Additionally, consumers' coverage choices will be drastically reduced in many areas.

“The implosion of this failed law was to be expected,” Collins said. “Congressional Democrats and President Obama forced this program into law, despite knowing full and well that the initial rates were artificially low and unsustainable for insurers. Families must now either find 25 percent more income to pay for these increased premiums or opt for significantly reduced health coverage for their loved ones.

“Unfortunately, this latest price increase is another slap in the face to hardworking New Yorkers that Obamacare has failed time and again. Last year, more than 200,000 New Yorkers were kicked off their health care plans after Health Republic overpromised benefits to its consumers, and left New York taxpayers with the double whammy of having to pay for the its $265 million in losses.”

Since passage of the Affordable Care Act in 2010, premiums and deductibles have increased substantially, the largest private health insurers in the nation have attempted to merge due to crippling losses, and more Americans are on taxpayer-funded Medicaid than ever before, according to Collins.

The collapse of CO-OPs across a variety of states has cost taxpayers more than $1.2 billion. Congressional Republicans have repeatedly proposed and voted to keep certain safeguards of the Affordable Care Act, while increasing plan flexibility and making insurance more affordable and accessible for all Americans.

Congressman Collins has been an outspoken advocate against this failed healthcare program since being elected to Congress. He currently serves on the Health Subcommittee for the Energy and Commerce Committee, which has jurisdiction over many aspects of Obamacare and has continuously worked to replace this flawed law.

It's been 22 years since a woman who grew up in Oakfield disappeared, but yesterday, State Police investigators took a fresh look at the case with a search of a pond on property once owned by her husband.

There's been no update on the search, but several troopers participated in the search, according to our news partner, 13WHAM.

Sandra Sollie, formerly Sandra Cervone, was nearly seven months pregnant when she disappeared after last being seen at a shopping mall in Macedon.

Sollie was a resident of Macedon and Ralph Sollie's former property on Weidrick Road, Macedon, is the subject of the search. The property has been searched several times over the years, according to 13WHAM's report.

Sandra still has family living in Genesee County.

Genesee Cancer Assistance has opened up an office inside United Memorial Medical Center, next to the Lipson Cancer Center, to help the agency better serve its clients. 

"We offer financial assistance for medical co-pays, reimbursement of travel expenses and any medical-related expenses not covered by insurance," said Sue Underwood, executive director. "The patients can use the money for whatever they may need related to their treatment."

Via our news partner, WBTA.

His proposed county budget for 2017 is bare-bones and no-frills, County Manager Jay Gsell told Legislators in his annual budget message, delivered as his office wraps up putting together a tax and expense plan that meets the county's obligation to continue state-mandated programs, keeps local services in place and doesn't call on officials to raise taxes above tax cap levels.

Increasing state-manded funding obligations continue to burden local taxpayers, with no relief in sight, Gsell said.

"The continued disregard of New York State's culpability in the county tax rate increases over the past 40 years is something we have learned to live with, but to be additionally mocked by Albany for not being able to control our expenses or tax rates, and blaming us for 'living with these unfunded mandates' is disingenuous at best and necessitate county governments cutting non-mandated, quality-of-life programs, reducing funding for vital community agency programs and depleting our fund balance in lieu of 10- to 30-percent property tax levy increases, neither option of which is sustainable nor logical in tax-happy New York State," Gsell wrote.

Examples of mandated expenses without concurrent state aid is Medicaid, an expenditure equivalent to 80 percent of the county's tax levy. The county is also being forced to pick up more of the cost of legal defense for suspects unable to pay for their own attorney. Unreimbursed legal services costs now exceeds $1.2 million. The state is also mandating an increase in District Attorney pay from $152,500 to $183,350. 

Gsell's budget once again dips into the county's reserve funds, to the tune of $1 million, and transfers $1.1 million in anticipated sales tax revenue from future projects, such as road and bridges, to spend the money in 2017. It also cuts 10 percent of the funding requests for several local agencies, including Genesee County Economic Development Center, libraries, the Holland Land Office Museum, and the Soil & Water Conservation District.

Shuffling the deck chairs enables Gsell to present a balanced budget that keeps the tax levy under the tax cap level.

The proposed tax rate is $9.76 per thousand of assessed value for a total levy of $27,844,499.

Any drastic changes in Gsell's proposed budget, such as raising the tax rate above tax cap levels, or cuts to essential services, what Gsell previously called "the nuclear option," are policy decisions best left to members of the County Legislature, Gsell said.

The legislature meets at 4:30 p.m. tomorrow in the conference room of the Old Courthouse to discuss the proposed budget.

As mandated expenses continue to grow and the county facing potentially large bills for infrastructure, such as roads and bridges, and possibly a new jail, Gsell warns in his budget message that the county may have to consider in 2018 pulling back the 50/50 share of sales tax revenue with towns and the city. The county isn't required to share sales tax revenue and expenses for local roads and bridges falls almost entirely on county government.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider finalizing an application for assistance from Mega Properties. The agency also will consider accepting an application for assistance from TJ Sheehan, a Massachusetts-based wholesaler at the agency’s Oct. 27 meeting.

Mega Properties is once again expanding its distribution operations in the Town of Batavia on behalf of Brantford, Ontario, Canada-based Koolatron Corporation. Mega Properties is seeking incentives for a build out of 25,000 square feet at its current warehouse at Gateway I. The expansion would increase the building to 70,000 square feet on three acres and would create six new jobs.

The GCEDC Board also will vote on whether to accept an application from Massachusetts-based wholesaler TJ Sheehan in which the company proposes converting a former 37,500-square-foot Cargill facility in Alexander to a refrigerated beverage distribution center. If the board votes to accept the application, there will be a public hearing since the incentives total more than $100,000.

The GCEDC board meeting will be held at 4:30 p.m. on Thursday, Oct. 27. The meeting will be at the MedTech Center, across from Genesee Community College, on the first floor at the Innovation Center, Suite 107. All board meetings are open to the public.

The former Batavia mother who is accused of leaving her two young children home alone before a fire broke out, killing both little boys, made her first court appearance today on charges of endangering the welfare of a child; she entered a not guilty plea.

Public Defender Jerry Ader told Justice Micheal Cleveland that he had not yet been able to meet with his client and asked that her case be continued to 10:30 a.m., Nov. 21.

Ace made no statement during the short proceeding.

Investigators have not said where they believe Ace went the night of May 20, allegedly leaving her 2-year-old twins, Micah and Michael Gard, unsupervised at 8157 State Street Road, Batavia.

The children were inside their bedroom at the residence at the time. The investigation determined that the fire originated either inside of, or in close proximity to, the children's bedroom. The cause of the fire remains undetermined.

Ace, out of jail on her own recognizance, was given revised release orders. Cleveland ordered her to report for supervision to Genesee Justice.

ADA Melissa Cianfrini asked Cleveland to order Ace undergo alcohol evaluation, but Cleveland's order specified only that she not consume alcohol or non-prescription drugs while the case is pending.

Ace appeared in court accompanied by several friends and family members.

There is a power outage in Batavia that covers an area north of East Main Street, from about Bank Street to just east of Clinton Street stretching north in a triangle with the tip on Bank Street Road in East Elba.

About 2,400 National Grid customers are affected.

The cause of the outage is not available at this time and emergency dispatchers are not aware of the cause.

National Grid is giving an estimated time of power restoration of 12:45 p.m.

UPDATE 11:59 p.m.: Steve Brady, spokesman for National Grid, said the cause it not known at this time. A crew is at the substation.  He will provide more information when it's available.

UPDATE 1:42 p.m.: From Steve Brady: "All customers were restored at 12:54 through some switching, but root cause of the outage is still unclear.  There may have been a fuse problem in the station, but crews are still looking at it."

UPDATE 2:03 p.m.: Batavia High School Principal Scott Wilson sent parents/guardians a voice message this afternoon about the power outage. He said power was reported out at 10:55 a.m. and it was restored at 12:30 p.m. and that school officials were in contact with National Grid. The high school remained open throughout the power outage. Backup generators were used and lighting was in place for bathrooms, and the students were provided a hot lunch. They took advantage of natural lighting and students were directed to sit in the atrium and gymnasium. Having Chrome book computers during a power outage was noted as a "new benefit" of the devices, enabling instruction to continue with a minimum of disruption. Wilson said afternoon instruction for BOCES students has been cancelled; students were directed to the library and could be dismissed from there with parental consent. Anyone with questions is asked to call 343-2480, ext. 2000.

A car in the area of 5117 N. Byron Road, Elba, has rolled over after reportedly striking a deer, but the caller reports no injuries.

Elba fire dispatched, and as a precaution, Mercy EMS dispatched.