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Law and Order: BHS student accused of assault at school

By Howard B. Owens

A 17-year-old resident of Alexander Road, Batavia, is charged with third-degree assault and endangering the welfare of a child. The youth allegedly punched another student at Batavia High School. The victim required sutures for a laceration.

Bill Anton Thomas, 54, of State Street, Batavia, was arrested on a bench warrant for alleged failure to appear. Thomas was arraigned in City Court and released to a family member after paying the remainder of a fine from the original charge.

Justin David Cotter, 21, of Lehigh Avenue, Batavia, was arrested on a warrant. He turned himself in at Batavia PD headquarters. Cotter posted $100 bail and was released.

Photo: Geese in flight at sunset, Oak Orchard Road, Batavia

By Howard B. Owens

I've gotten a few messages over the past few days about bevy of swans landing in the area of West Saile Drive and Route 98 in the late afternoon. After the call came again this evening, with clear blue skies, I thought I'd try for a quick look. The swans were much too far out in the field for any lens I own to reach, but while I stood by the side of the road, all the geese took off from the flooded farm field, creating quite a sight.

Closure of Five Star branch still doesn't sit well with many in Pavilion

By Howard B. Owens

For 85 years Pavilion has had a community bank, but since Five Star closed its branch on Cato Street in October, local residents and merchants have been feeling the pain and the pinch.

"Some merchants make cash deposits on pretty much a daily basis," said Town Supervisor Theron Howard. "Other people bank every week or two and can make other arrangements. If I had to make cash deposits every day, it would be a real inconvenience not to have a local branch."

Town Council Member Linda Thompson said she's heard a lot of complaints around town about the branch closing. She's been a sounding board because she retired as manager of the bank a year ago after working there for 31 years.

"People said, 'oh, you saw the writing on the wall.' Well, no I didn't," Thompson said.

But she does understand why it happened. More people bank online and use ATM machines. Lobby traffic had been declining for years.

"It's not just Pavilion," Thompson said. "All of the branches of banks have seen that. You shoot yourself in the foot because you want them to do online banking, but then they don't come to the branch."

Chuck Guarino, senior VP and director of marketing for Five Star, confirmed there has been "a significant drop in transaction volume over the years" and that's the reason for the closure.

"We have several offices in the surrounding area and all indications are that is where the traffic is heading," Guarino said. "We haven't changed our commitment to the community from a charitable or events or programs standpoint, but we felt it best for us to be able to close that office."

Steven Brooks said he's been banking at the branch from its years as Pavilion State Bank, then Wyoming County Bank and finally Five Star.

He said he's talked to a lot of his friends and neighbors in Pavilion and they're universally unhappy with the branch closure and several of them have switched their banking to the Bank of Castile as a result.

He and others, he said, don't like that banking has now become at least a 20 mile round-trip just to cash a check.

"The bigger impact is on the elderly," Brooks said. "The older folks who walk, they don't want to go to Le Roy, especially during the winter they don't want to go to Le Roy."

That's one of the concerns of Cathy Carlsen, owner Country Hill -- that older customers, who used to combine banking and shopping in one trip are no longer making that trip to Downtown Pavilion.

She said she's definitely seen an impact on her business since the branch closed.

"Often the elderly only go to one area, and if somebody is taking them around, and they only have an hour, they're going to do what they do in that one area," Carlsen said.

Melody Osterman, working with Carlsen, agreed she's seen less foot traffic in Pavilion in the past six months.

"People say 'I don't believe you don't have a bank here any more,' Osterman said. "Or they wanted to come here and do something, but they have to go to Le Roy or Warsaw because there's nothing here. We're missing out on business."

As for making deposits, Carlsen said she's learned to adjust. Her husband will make her deposit for her when he heads to Le Roy on a weekly basis. She does miss, though, having a bank nearby to make change if needed.

People do learn to adapt, said Jim Rudgers, owner of Pavilion's long-standing filling station and garage, Kemp and Rudgers on Route 63.

Some we talked to thought Rudgers would be particularly inconvenienced, but he said, no, not really.

"My wife makes the deposits," he said. "She's on the road anyway."

He's accepts that a bank branch closing is just part of modern life.

"It's a sign of the times," Rudgers said. "People are doing more banking online. There's no need for a lobby anymore. The town can't support a small town bank."

Carlsen would like to see Five Star put its branch building up for sale, so perhaps another bank could open there, but Rudgers said he doesn't think that will happen.

"If they put it for sale they know darn well Bank of Castile would buy it up and put a branch in," Rudgers said.

Five Star is holding onto the building for more practical business reasons, Guarino said. It's the bank's disaster recovery location for the company's computer network and it provides a location for an ATM machine for its Pavilion customers.

The bank has spoken with merchants and is considering options for enhancing the ATM service to better handle their business, but there's little hope of the branch ever reopening.

"The transaction volume isn't there to support a full-service bank," Guarino said.

The spokesman for Bank of Castile wasn't available for comment today.

Pavilion recognizes more than 100 years of combined service from Highway Dept. staff

By Howard B. Owens

At a recent meeting, members of the Town of Pavilion Board realized the town's Highway Department employees had never been formally recognized for their years of service, so today they did something about it.

The six members of the department were honored with a lunch and a service pin.

Pictured are, from left, Butch Mattice, 12 years, John Strathearn, 29, Doug Elliott, 25, Jamie Cleveland, 13, Peter Green,18, and Dennis Kingsley, 23.

County's unemployment rate drops year over year for February

By Howard B. Owens

While Genesee County's unemployment rate is lower than a year ago for February, it is slightly higher than January and remains higher than the 12-month low.

The Labor Department reports the county's rate for February was 7.5 percent. A year earlier it was 8.6 percent and a month earlier it was 7.3 percent. The 12-month low is  5.7 percent in August.

The state's rate is 7.7 percent, down from 8.6 percent a year ago.

The rate in Livingston County is 7.2 percent, 10.2 in Orleans and 9.1 in Wyoming.

Law and Order: Registered sex offender turns himself in on change of address charge

By Howard B. Owens

Wayne D. Potter, 30, of Batavia, is charged with failure to notify of change of address and offering a false instrument for filing. Potter is a registered level 2 sex offender. He allegedly failed to register a change of address and turned himself in after learning police were looking for him. Potter was jailed without bail.

Stephen A. Lewis II, 33, of 14 Highland Park, Batavia, is charged with criminal mischief, 4th. Lewis is accused of damaging the door of another tenant at 14 Highland Park, Batavia, with a shovel. Lewis was jailed on $1,000 bail.

James Rocco Soccio, 32, of Ross Street, Batavia, was arrested on a warrant stemming from an unregistered motor vehicle charge. Soccio posted bail and was released.

James J. Preedom, 29, of East Main Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Preedom is accused of pushing another person during an alleged incident reported at 3:30 a.m., Monday. Preedom also allegedly broke a chair and damaged a wall.

Jeffrey W. Kuyal, 22, of 839 Chili Ave., lot J147, Churchville, is charged with petit larceny; Jazmin L. Kuyal, 25, of 66 Lake Street, Le Roy, is harassment, resisting arrest and obstructing governmental administration. Jeffrey was arrested by Le Roy PD for allegedly shoplifting from a village business. As he was being led from the store by a police officer, Jazmin allegedly struck Jeffrey in front of police. Police say Jeffrey and Jazmin are cousins. When a police officer attempted to arrest Jazmin, Jazmin allegedly struggled with the officer and became combative, refusing to get into the patrol vehicle. Jazmin was also found to have a warrant out of Orleans County. Jazmin was jailed on $1,000 bail.

Mark Anthony Cicero, 45, of Dolbeer Street, Perry, is charged with unlawful possession of marijuana, drinking alcohol in a motor vehicle and failure to obey traffic device. Cicero was stopped at 12:20 a.m. on Perry Road, Pavilion, by Deputy Joseph Corona.

Randy J. Rowe, 32, of Rochester, was arrested as a fugitive and is also charged with criminal mischief, 3rd. Rowe was arrested in the Town of Batavia on Monday by State Police. No further details released.

NOTE: The Genesee County Sheriff's Office is now posting a list of people with outstanding warrants. The list can be found on the county Web site under NEW Warrants. For the current list, click here (PDF).

Wally Hinchey named chair of GCEDC board

By Howard B. Owens

Press release:

Wally Hinchey was elected chairman of the board of directors of the Genesee County Economic Development Center (GCEDC) at the agency’s March 6 meeting.

“Wally provides the GCEDC a seamless transition as he has a thorough understanding of how business works,” said GCEDC President and CEO Steve Hyde. “I know I speak on behalf of the GCEDC staff that we look forward to working with Wally in his new role with the agency as we continue to bring new jobs and investment to Genesee County.”

Hinchey currently serves as president of P.W. Minor & Son, Inc., a Batavia-based footwear manufacturer and wholesaler for which he has worked for more than 30 years.

“I am delighted to have the opportunity to continue serving the community as a member of the GCEDC board of directors in my new role as chairman,” Hinchey said. “There are a number of exciting opportunities in 2014 to build on our past economic successes.”

Hinchey has served on the GCEDC board for eight years. He has previous experience serving on boards for the YMCA and United Way.

He earned his B.A. at Hobart College and his M.B.A. from the Rochester Institute of Technology (RIT).

Hinchey is married and has two daughters. He resides in Le Roy.

Ranzenhofer secures $10 million funding for GCC capital projects

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer announced today that he has secured more than $10 million in matching grants for strategic initiative projects at Genesee Community College as part of the 2014-15 New York State Budget.

Senator Ranzenhofer requested that the funding be added to the Executive Budget proposal.

“I am pleased to announce that I have been able to secure over $10 million in funding for critically needed capital projects at Genesee Community College,” Ranzenhofer said. “Many of these projects will enhance student experience and success. The Student Success Center will upgrade the college’s instructional space with new labs, tutoring areas, and more classrooms for new academic programs, such as health, technology and agribusiness.”

The State Budget provides $6,924,150 for the Genesee Community College Event Center; $2,593,350 for the Genesee Community College Success Center; and $575,303 for conversion and retrofitting of space for new academic program instructional needs.

Genesee Community College President James Sunser started working with Senator Ranzenhofer in early February to secure funding for these projects.

Sunser said:

“The projects funded in the New York State budget for Genesee Community College are among the most important initiatives in the College’s history. The two new Batavia Campus buildings will continue Genesee’s 47-year record of innovation, and transform our College and our region. The new College and Community Event Center will enrich campus life, and will eventually bring hundreds of thousands of visitors to business, professional and community events held there. The Student Success Center will be one of the most unique “one-stop” student service centers in the nation. It will bring together in one place all the services students and community residents need for their academic and career success.

“Together, these two new buildings will free up space in the existing Batavia Campus buildings for new academic programs that will help shape our future, such as agribusiness and emerging high-tech fields. These new programs mean new opportunities for students and new jobs for the region. From the outset, Senator Ranzenhofer understood how these projects would make a powerful difference in the lives of our students and the economic vitality of our communities. We appreciate Senator Ranzenhofer’s commitment to Genesee Community College, his commitment to the long-term growth of jobs and businesses that these projects represent, and his willingness to advocate for inclusion of these projects in a very tight state budget. Senator Ranzenhofer’s efforts will touch future generations.”

The funding is part of $81 million in matching grants in the State Budget for strategic initiative projects on community college campuses across New York.

Accident reported on Attica Road, Alexander

By Howard B. Owens

A motor-vehicle accident is reported at the intersection of Attica Road and Buffalo Street Road, Alexander.

Alexander fire and ambulance dispatched.

Unknown injuries.

UPDATE 10:24 p.m.: We've heard no further updates on this accident.

With goal of going paperless, legislators issued iPads

By Howard B. Owens

Amid the piles of papers on the glass-topped conference table in the Old Courthouse yesterday were shiny new iPad Airs.

Each member of the Legislature had one and with varying degrees of success were trying to adjust to reading their agenda and background material on the Gorilla Glass screens. Some members found everything they needed on the tablets. Others still sifted through papers.

It's going to be an adjustment, Chairman Ray Cianfrini said, as the Legislature tries to go paperless. The county won't be able to quit paper cold turkey.

"It's new. We're learning," Cianfrini said. "Everything I'm seeing, though, this is going to transform the way we do business and it will save money. I think it's great. I've been advocating for us to go paperless since I first came on the Legislature when I saw how much paper we generate."

According to Cianfrini, the county spends $35,000 a year on printing agendas and back-up material for the nine members of the Legislature. They go through 1,098 cartons of paper a year, printing on more than five million sheets of paper.

The iPads should eventually eliminate all most all of that paper, Cianfrini said.

Newer members of the Legislature such as Greg Torrey, above with Bob Bausch, and Andrew Young, acted a bit as mentors during the Human Service Committee meeting, helping other members learn how to use their new iPads. Young recommended members change a setting so the iPads wouldn't go to sleep after two minutes of not being touched (requiring a new login to see the screen). Torrey showed Bausch how to access something on the iPad.

"We have an excellent working group," Young said. "From a personal perspective, this is all new to me over the last three months and I've had more than my share of help, so if I can help somebody change the time on their iPad, it's a bit of a payback."

Bausch said there is a learning curve and adjustment, but he also thinks the switch is necessary.

"We don't have any choice," Bausch said. "We have to go this direction just because of the amount of paper we push every week. There's just some fine-tuning to work on managing it."

The one concern Bausch has is the perception of speakers during committee meetings. Will they still feel Legislators are paying attention to them when they've all got computers open in front of them?

"It's one thing when you've got a pile and you glance down and glance back up," Bausch said. "It's a different perception than when you're looking at a computer screen. For our regular visitors who come in only once or twice a year I want to make sure they feel comfortable and make sure we don't look like a bunch of geeks sitting there messing with our computers."

Cianfrini shares that concern and said it's one of the things Legislators will need to learn to manage.

"Remember, this is all new to us," Cianfrini said. "We're just learning as we go. I'm just waiting for the time I can say, 'we made it. We're paperless.' "

County Nursing home running in the red with no hope of breaking even

By Howard B. Owens

There’s a lot of red ink flowing at 278 Bank Street these days.

That’s the location of the Genesee County Nursing Home, owned and operated by the County of Genesee, so when it’s in the red, local taxpayers are picking up the bill.

The annual, out-of-pocket deficit for the county is $1.5 million.

That’s after current management has trimmed expenses more than $860,000 on an annual $19 million budget.

“Running a New York State nursing home is a very risky business,” said Christine Schaller, nursing home administrator during a meeting Monday of the county’s Human Services Committee. “It’s risky even for private owners.”

As it stands now, the nursing home is $4.7 million in the red. That figure includes not just the operational deficit that county taxpayers fund, but the lack of reimbursements from the state and federal governments.

The feds owe the county $2.7 million in what’s known as IGT funds (inter-government transfers). The last IGT payment from the feds (which flows through Albany) was in January 2013 and only covered money owned from 2011.

The NYS Department of Health owes the county $650,000.

The rate of pay from Medicaid for patients is $80 to $100 less than the actual expense of care for those patients, plus Medicaid rates were cut by 2 percent in 2013.

The nursing home has also been forced to write off $487,000 in unpaid insurance claims.

There’s little left to trim from expenses and still maintain the home’s four-star rating and there’s no realistic way to increase revenue.

One of the biggest expenses for the county is the Adult Home (formerly known as the Domiciliary).  Residents there are considered “hard to place.” It’s the residency of last resort for those unable to care for themselves. It’s licensed as a public home, so residents cannot access Medicaid or Social Security insurance to pay for care. The county pays $101 per day for each resident (about 40 currently, out of 80 beds). That’s a $1.3 million annual expense.

“In some cases, nobody is paying us for the care we provide,” said County Manager Jay Gsell. “Once we take a resident in, we are not allowed to discharge them for lack of payment.”

The county tried to relicense that section of the home as an assisted living program, making patients eligible for Medicaid and SSI, but the state denied the request.

Gsell said the message from the state is clear: Get out of the nursing home business.

“They haven’t put that statement out there to counties, ‘get out,’ but they’re doing everything they can to tell us, ‘why are you doing it?’ ” Gsell said.

Schaller agreed.

“It would be political suicide for them to say, ‘close the nursing homes,’ but they’re doing everything they can to push us out,” she said.

The county helps cover some of the $4.7 million deficit created by the nursing home with what’s known as a RAN (revenue anticipation note). It’s a temporary loan that the county will repay once Medicaid and IGT payments are received.

All this red ink, and no reason to believe things will get better. There’s plenty on the horizon to worry about. The Affordable Health Care Act is changing how long-term care is paid for and managed, the UMMC/Rochester General merger could divert referrals from the nursing home to RGH-run facilities, labor costs are going up, and there are indications the feds will stop IGT reimbursements completely in a year or two.

“We’ve been paring costs in a lot of different areas as far as running the facility,” Gsell said. “The problem is, we can’t pare costs down to the deficit and we certainly can’t find additional, new, enhanced revenue to make up the difference either. That’s the bottom line.”

GCEDC board to consider two projects at Thursday meeting

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its April 3 board meeting.

Mega Properties, Inc., plans to make a 20,000-square-foot expansion to its current facility in Gateway I Corporate Park in Batavia. The projected capital investment is approximately $775,000 and would create 5.5 new full-time equivalent jobs in three years after a certificate of occupancy is issued.

Premiere Credit plans to expand its growing call center in the City of Batavia through an investment of approximately $400,000. The company pledges 25 additional jobs with this project, which will bring total employment commitment at the facility up to 150 full-time equivalent employees. At the end of 2013, Premiere reported employing 134 employees at the company’s Batavia location.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park, located at 99 MedTech Drive, Batavia, on the 2nd floor, across from Genesee Community College.

UPDATE: Here are project summaries released by GCEDC

Mega Properties, Inc. (Koolatron) - Town of Batavia (final resolution will be considered)
Mega Properties, Inc., (Koolatron) is a Canadian company with headquarters in Brantford, Ontario, international location in the United Kingdom, and U.S. locations in Florida and New York. They began with their flagship product line of 12-volt portable thermoelectric coolers and today they have expanded to manufacture, market and distribute a wide range of items via dealer-distributor network and the Internet. In 2000, they built a 25,000-square-foot facility in the Gateway I Corporate Park. The company is proposing a 20,000-square-foot expansion at their current facility. The total investment is estimated at $775,000 and the project is expected to create 5.5 new full-time equivalent jobs in three years after their certificate of occupancy is issued. The GCEDC Board approved an initial resolution to set a public hearing at the June 6, 2013 meeting. A public hearing was held on June 26, 2013, as the benefits exceeded $100,000, and there were no comments.

Premiere Credit - City of Batavia (final resolution will be considered)
Premiere Credit is expanding their call center in the city of Batavia. The company is investing $400,000 in equipment to support their growing call center. Premiere Credit is pledging 25 additional jobs and with this project that will bring total employment at the facility up to 150 full-time equivalent employees. In 2012, capital expenditure was $350,000 with 100 pledged jobs. In 2013, capital expenditure was $325,000 with 50 more jobs pledged. For 2013, the company reported that 134 positions had been created at their Batavia location.

Ranzenhofer announces increase in VTL funds for local governments

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer has announced today that the 2014-15 New York State Budget will increase Video Lottery Terminal (VLT) aid by more than 27 percent to the host communities of Batavia Downs.

Throughout the budget process, Senator Ranzenhofer and his colleagues in the State Senate have been working to secure additional VLT aid.

“I am pleased to announce that I was able to secure more VLT aid – for the Town of Batavia, the City of Batavia, and Genesee County – to help offset expenses for hosting Batavia Downs. This is a huge win for our community. Local governments and taxpayers will now receive a $171,700 funding boost,” Ranzenhofer said.

The 2014 Executive Budget proposed VLT aid remain at the prior year’s funding level. The 2014-15 State Budget will increase VLT aid among the three host communities of Batavia Downs by approximately $171,765.

Breakdown: VLT Aid to Batavia Downs Casino Host Communities

 

2014-15 Executive Budget Proposal

2014-15 Enacted Budget

Change from Executive Budget Proposal

City of Batavia

$346,334

$440,789

$94,455

Town of Batavia

$126,019

$160,388

$34,369

Genesee County

$157,451

$200,392

$42,941

In 2006, State Finance Law authorized payment of aid to municipalities with video lottery terminal facilities. Funding for host communities was eliminated by Senate and Assembly Democrats in 2009 and 2010. Currently, host communities receive 55 percent of the aid received in 2008-09; the 2014-15 State Budget will restore aid to 70 percent of 2008-09 levels.

Senator Ranzenhofer is a cosponsor of legislation, S2120A, to resore VLT aid to 2008 levels.

Law and Order: Two women arrested after report of fight on State Street

By Howard B. Owens

Melissa R. Piazza, 24, of State Street, Batavia, is charged with reckless endangerment, 2nd. Piazza allegedly threw a stick at a vehicle during an argument on State Street at 6:53 p.m., Wednesday.

Cheryl M. Lyons, 48, of State Street, Batavia, is charged with menacing, 2nd, and endangering the welfare of a child. Lyons allegedly brandished a stick and a knife while threatening another person during an argument on State Street reported at 6:53 p.m., Wednesday. A child was allegedly present to witness the threats.

Dillion Lee James Farley, 22, of Ridge Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, unlawful possession of marijuana, failure to keep right, moving from lane unsafely. Farley was reportedly involved in a property damage accident at 11:14 p.m. Sunday on Lockport Road, Elba. The accident was investigated by Deputy Joseph Corona.

Jason Charles Lusk, 33, of Collegeview Drive, Batavia, is charged with harassment, 2nd. Lusk allegedly hit an acquaintance while in front of two deputies at 2:13 a.m., Saturday.

Harry Thomas Gibson, 49, of North Spruce Street, Batavia, is charged with attempted petit larceny. Gibson was seen by Dollar General staff allegedly placing merchandise in a bag in an attempt to steal it. When confronted, Gibson reportedly dropped the bag and left the scene.

Sara J. Smith, 28, of Fairmont Avenue, Batavia, was arrested on a bench warrant related to a criminal mischief charge. She allegedly failed to appear. Smith posted bail (amount not disclosed) and was released.

Aaron Walter Smith, 26, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Smith was arrested following an investigation by officers Chad Richards and Stephen Cronmiller into a report of a suspicious vehicle left unattended and running in the area of Kwik Fill.

Rebecca E.A. Mulholland, 23, of Ellicott Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Mulholland's vehicle was stopped at 3:54 a.m. Saturday on Ellicott Street by Officer Peter Flanagan following a "check the welfare" request for a vehicle matching the description of the one driven by Mulholland.

Photos: Batavians with dealing heavy, wet snow on a Sunday morning

By Howard B. Owens

This is not how you want to spend a Sunday morning in Spring, clearing snow from your walks and driveways.

Whether using a blower or a shovel, Batavia residents this morning said the snow was heavy and hard to move.

Above, Ben Humes on South Main Street.

Justin Washington on Ellicott Avenue clearing snow from his car.

Jeff Emminizer, on South Main Street, enjoys a cigar while shoveling his drive. Emminizer, who owns a home-based business repairing dings and dents on cars, said he also had the BBQ going, smoking some beef. He said he grills or smokes every Sunday, regardless of the weather.

Jared Chaddock on Roosevelt Avenue with his 1964 Wheel Horse tractor. 

Fred Lord on Kibbe Avenue.

Brandan, 9, and Alissa, 4, were sledding in Kibbe Park with their father Mark Burgess.

A city plow truck on Chestnut.

Photo: Car off the road in Elba, buried in snow

By Howard B. Owens

A reader sent in this picture of a car off the road on North Byron Road, Elba. It looks like we got about six inches of snow overnight.

UPDATE: Jeff Allen sent in the picture of Maddie and Goliath a little taken aback by all the heavy, wet stuff in their yard. Below that, a picture from Greg Rada of his father's driveway this morning.

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