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The Ray Cinanfrini era of the Genesee County Legislature has officially begun and the lifelong Oakfield resident certainly has some plans to try and make an impact.

In the top drawer of the desk in his county office Cianfrini keeps a sheet of 8 1/2 by 11 inch piece paper filled from top to bottom with ideas he would like to pursue.

Whether any of them are ever brought forward, pan out or receive the support of the other eight members of the county's legislative body, only time will tell.

"I think this job is going to be a challenge," Cianfrini said. "We have a group of legislators who are dedicated. We have some new members who are young and energetic. I'm excited, but I'm also a little scared. Whatever happens, I'm going to give it everything I've got to ensure the county is in as good of shape, if not better, than when I took over."

Cianfrini, who served seven years as the mayor in Oakfield before being elected to the Legislature in 2007, replaces Mary Pat Hancock, who held the chair for 13 years.

Hancock's former office has been cleared of its mementos, photos and paintings. The walls are now bare. Since taking over the job, Cianfrini said, he simply hasn't had time to deal with decorations.

"I used to say I was a full-time attorney and a part-time legislator," Cianfrini said. "I think the roles have been reversed right now."

The job will be daunting, no doubt, in a time when state government is more and more burdensome, infrastructure is aging and the county struggles to find ways to grow its economic base, there's nothing easy about leading a whole county.

Cianfrini is an unabashed booster of Genesee County, but he's also more than aware of the problems we face.

"I don't like the idea that we might lose industry," Cianfrini said. "I hope we're able to maintain the high level of active, large employers we have. Agriculture, of course is a big industry for us and we have the two new yogurt plants, so I'm hoping our dairies will be around for a long time. If anything scares me, I would hope crime does not seep into Genesee County. I know we have crime, but I hope we don't get the overflow of crime that seems more prevelent in the larger cities around us. And I worry about whether our children will have a place to find jobs locally."

That focus on jobs and industry is one reason Cianfrini appointed himself as the Legislature's representative on the Genesee County Economic Development Center Board.

While Cianfrini has gained a reputation as something of a GCEDC critic at a time when many local residents worried about seeming excesses in the agency, Cianfrini said his position about the IDA is often misunderstood.

"My criticism in the past has been focused on their operations, their internal operations, in particular their compensation for employees," Cianfrini said. "I've never criticized the GCEDC in their performance. I think they do a bang-up job. I think they're intelligent and hard-working people. I'm not in there with an agenda. I'm not there to impose on them any of my particular feelings. I'm there to learn more about the GCEDC. I'm there to help, if I can."

Top on Cianfrini's agenda is assisting the development of the STAMP (Science, Technology & Advanced Manufacturing Park) project in Alabama, which is part of his district.

"I'm a huge supporter of STAMP," Cianfrini said. "It's a transformational project that's going to be a tremendous economic boost for Genesee County."

It's in the county's best interest, Cianfrini believes, for GCEDC to succeed in attracting new business and growing local industries and he's supportive of those goals.

"I know this may sound crazy, but I'm going to be there rooting for them to achieve their goals and create new opportunities for economic development."

At the same time, he said, he's mindful of his responsibility to provide both oversight and communication about GCEDC activities for the rest of the Legislature.

"I am there as the only representative of the county Legislature, so I will scrutinize what goes on. If there's issues that I think need to be addressed, I'll bring those back to the Legislature," Cianfrini said. "I did not put myself on the board soley for the purpose of changing the way in which they do business. I'm there to learn. I'm there to offer any assistance I can, but if there's something I don't think is right, I'll be, as most people know, the first person to bring that to the attention of the Legislature."

The 68-year-old Cianfrini graduated from Oakfield-Alabama High School in 1963. His undergrad degree is from the University at Albany and he was drafted into the Army after his first year in law school. Following a two-year hitch, Cianfrini completed his law degree in 1972 and moved back to Oakfield.

He has practiced law in Oakfield for 42 years.

He's married. His wife, Karen, is a nurse at UMMC. They have three children.

Their oldest son, Michael, 39, is also an attorney. He and his wife, Melissa, worked for big law firms in Pittsburgh, but decided they wanted to move to Oakfield to practice law and joined Cianfrini's law firm more than 10 years ago. Late in 2013, Michael Cianfrini was appointed deputy county clerk. Melissa Cianfrini is in her third year as an assistant district attorney.

Daughter Christy Connor is an epidemiologist in San Diego. She and her husband have three children.

The Cianfrini's youngest son, Steve, 33, served eight years in the Army as a combat helicopter pilot, with an 18-month tour in Iraq, where his helicopter was once shot down, and a tour that included heavy combant in Iraq. In search of a more tranquil life, Steve left the Army not long ago and took a job in Grand Rapids, Mich., as a postal carrier.

Not too many months ago, when asked about the anticipated vacancy in the Legislature's chair, Cianfrini demurred, expressed little interest.

That changed, he said, when Annie Lawrence, the more senior Republican on the Legislature, made it clear to her colleagues that she didn't want the job. 

Cianfrini decided he was up for the challenge and that he could make the time to do the job right.

"The way I look at it, there was county government for 200 years before I came in and there will be county government, hopefully, for 200 years after I leave," Cianfrini said. "I just want to make sure while I'm here at the helm that government runs efficiently at the lowest cost."

The job is important, Cianfrini said, because Genesee County is important.

"I just love Genesee County," Cianfrini said. "I think anybody who has been born here has difficulty giving it up. We have two major metro areas around us. If we want to go to a football game, if we want to go to the opera, or to a show or shopping, we have it. The beauty is, we've got the serenity of Genesee County. It's a beautiful area. It's a great place to raise children. I think the school systems are excellent. Why give that up to go someplace where you don't know what you're getting into?"

To help make this an even better place to live, there are some ideas Cianfrini would like to pursue.

For example, he thinks the Legislature should take a look at public safety in county-run buildings.  He wants to, maybe, propose opening up the County Park in Bethany to bow hunters during bow season. That would generate revenue for the county and also help deal with the exploding deer population in the park. Perhaps, he said, the county government should go paperless, with Legislators carrying around iPads instead of binders and folders. He would like to look at a public-private partnership to build more hangars at the Genesee County Airport.

That's just a part of the list he keeps in the top drawer of his desk.

He also anticipates working out an agreement with the GCEDC that would lessen the burden on taxpayers to help support the agency.

Last year, the county supplemented GCEDC's revenue (which comes mostly from fees paid by businesses that use the agency's services) with a $215,000 expenditure. 

Steve Hyde, CEO of GCEDC, has always argued that the county government needs "skin in the game" to prove to site locators that economic development is supported in Genesee County, and that the money helps GCEDC balance its books.

Cianfrini has another approach he would like to try and be thinks just might fly.

"I've talked with GCEDC and they're willing to talk now about the possibility of working out a formula that might minimize the county's contribution," Cianfrini said. "At times when their cash flow is good, we don't pay as much taxpayer money to support them, but on the other hand, when maybe money is tight, or revenue is drying up, maybe we increase our contribution rather than have a fixed amount. They seem willing to talk about adjusting that payment."

Now that Cianfrini has a more comprehensive responsibility in Genesee County than just representing one district, or just chairing one committee, he's working hard to get to know the rest of the county's business, learning as much as he can as quickly as he can about all of the county's departments.

He sees his role as a facilitator to develop and implement policy, and that means he needs to really understand the nuts and bolts of county government.

"I kind of look at it like this," Cianfrini said. "From a team perspecitve, we're like a football team. The people are the owners of the team. The taxpayers are the owners. The Legislature, we are kind of the board of directors to set the policy for the team. Jay Gsell, our county manager, is kind of the general manager of the team. Our department heads, they're the coaches. They're the ones working with the players. The players are the employees. I'm seeing my job as the chairman of the Legislature as one to help move policy along and to maybe offer some fresh ideas."

Asked if he thinks his new job makes him one of the more powerful people in Genesee County, Cianfrini said, no, not really.

"I think I can influence certain things, what things will come before the Legislature," Cianfrini said. "I think I can influence the direction we may be going in. If that means power, so be it, but I don't think of it as a powerful job. I don't want power. I don't seek power. I want efficiency and I want results. That's where I'm coming from."

Press release:

A contractor will be making repairs on a private waterline on Bank Street near Ross Street on Thursday, Jan. 16th. This work may require the City water main to be shut down to complete these repairs. If a service interruption is required it will impact water service on Bank Street (between Chandler Avenue and Vine Street) and Ross Street (between Bank Street and North Street). Water service would be shut down after 9 a.m. until repairs are completed which may last several hours. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Angela Irene, 44, of South Grand Road, Medina, is charged with grand larceny, 4th. Irene was arrested as a result of reports on The Batavian and OrleansHub of a purse being stolen from a shopping cart in the parking lot of the Batavia Walmart and a gift card subsequently being used to purchase a cake at the Walmart in Albion. As a result of the publication of the surveillance photo from the Albion Walmart, the suspect turned herself in to local law enforcement. The Sheriff's Office also received numerous phone calls identifying the suspect. The case was handled by Investigator Kristopher Kautz and Deputy James Diehl.

Jillian E. Dibble, of Akron, is charged with DWI and driving with a BAC of .08 or greater. Dibble was stopped at 7:50 a.m. Sunday on Route 77 at Reynolds Road, Darien, by State Police.

Alexander E. Dills, 23, of Stafford, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, unlawful possession of marijuana, criminal possession of a weapon, 4th, and aggravated unlicensed operation. Dills was arrested by State Police at 8:55 a.m. Saturday. No further details released.

Darrnell J. Barnes, 51, of Alabama, is charged with DWI and driving with a BAC of .08 or greater. Barnes was stopped at 7:42 p.m. Saturday on Alleghany Road in Alabama by State Police.

An area of light snow mixed with patchy freezing drizzle is creating the potential for black ice in some areas, according to the National Weather Service.

This could be a particular problem on bridges, overpasses and other elevated surfaces.

"Motorists should exercise caution during the morning commute as area roads may have a few slick spots," forecasters said.

A three-car, head-on accident is reported on Route 63 near East Road, Bethany.

Injuries are reportedly minor, with one person complaining of hip pain and another with a leg injury.

Bethany fire and Mercy EMS responding.

UPDATE 6:28 a.m.: Traffic is being shut down at Transit and East roads.

UPDATE 6:33 a.m.: A deputy on scene says just two vehicles are involved.

UPDATE 6:58 a.m.: Patient number one has been extricated.

A police officer doesn't always need to write a ticket after making a traffic stop, nor does an officer need to arrest somebody suspected of violating the SAFE Act, Sheriff Gary Maha told members of Genesee County SCOPE at a packed meeting Tuesday night.

Maha said he's obligated under the oath of his office to uphold the law and if the Sheriff's Office receives a complaint about a possible violation of the SAFE Act, a deputy is required to investigate the complaint. It will be up to the deputy to decide whether an arrest is in order.

"An officer has the ability to exercise discretion and that's what we're going to do in Genesee County," Maha said.

His comments prompted applause from SCOPE members.

Maha, along with County Clerk Don Read, Assistant District Attorney Will Zickl and Undersheriff William Sheron were guests of SCOPE at its regular monthly meeting.

Zickl opened the discussion by recapping a recent court decision by U.S. District Court Judge William M. Skretny upholding much of the SAFE Act, or as Zickl called it repeatedly, "the so-called SAFE Act," and overturning others.

Skretny ruled the ban on assault rifles constitutional but threw out the limit on seven rounds in a magazine.

Zickl said the ruling was full of flawed logic.

"I hope there is some other court somewhere who tells him so," Zickl said.

The ruling only applies to the jurisdiction of Skretny's court, which is Western New York.

Read spent some time discusing a provision of the SAFE Act that requires all pistol permits to be recertified every five years.

The process, especially the first time around, is going to be burdensome and bureaucratic and to help get a jump on the process, the state is going to start sending out letters to pistol permit holders soon telling them to apply immediately for recertification. The first pilot project will begin soon in Albany County.

However, what the letters won't tell the holders, nor will any other state literature on the topic, Read said, is that recertification isn't required until 2018.

Read said he doesn't know what the state will do if permit holders simply don't respond to the early recertification request.

The state recently contacted all county clerks and asked if the clerks would like the county seal placed on letterhead sent to pistol permit holders informing them of the recertification process. Read said he told state officials no, but he and other county clerks are concerned the state will use county seals anyway.

Courtland County's Legislature has approved a resolution telling the state not to use its seal. Ray Cianfrini, the new chairman of the Genesee County Legislature, told SCOPE members that the local body will take up a similar resolution and he expects it to pass easily.

That brought another round of applause from SCOPE members.

SCOPE President Bill Fox raised a concern about a provision in the law that would require any pistol permit holder who loses his or her permit for any reason to turn in to State Police all of his or her guns, even rifles and shotguns.

"It's like a backdoor to take away the rest of your guns," Fox said.

Zickl said, "It's a very substantial and very troubling amendment to the law," adding, "you don't have to be too paranoid to be worried about that section of the law."

During his remarks, Maha noted that the governor proudly trumpeted a few weeks ago that so far there have been 1,291 arrests under the SAFE Act in New York.

"What he doesn't tell you is 1,029 were made in New York City," Maha said.

There have been no SAFE Act arrests in Genesee County, Maha said, and only a couple in the neighboring rural counties.

"The law doesn't make sense for Upstate," Maha said. "It was written by the people in New York City who don't know anything about guns because all they know is Downstate and down there guns kill people, so guns are evil. That's not true for us. We were brought up with guns. We hunt with them. We shoot targets with them, but that's not true if you're in New York City."

Sheriff Gary Maha, County Clerk Don Read and Assistant District Attorney Will Zickl.

A hand raised above the crowd during a Q&A portion of the meeting.

Bob Wilson asked a couple of questions, including asking why Genesee County doesn't secede from the rest of New York. Ray Cianfrini, chairman of the Legislature, encouraged SCOPE members to support Assemblyman Steve Hawley's bill, which Hawley introduces every year, calling for a referendum on splitting New York in two. When the question was repeated, Cianfrini said, with a touch of a smile, "I don't think Genesee County will be seceding by itself."

Also, tomorrow, on the one year anniversary of the SAFE Act becoming law, one member of SCOPE said everybody who supports repeal of the SAFE Act should call the governor's office tomorrow and respectfully request the SAFE Act be repealed. The governor's office phone number is (518) 474-8390.

County Highway Superintendent Tim Hens had a few items approved today by the Public Service Committee:

• The sale of surplus property, specifically a 2001 Chevrolet Silverado 1/2 ton 4x4 pickup truck.
• Authorizing the county to enter into a consultant agreement with C&S Engineering for the final design of a new terminal and maintenance hangar at the Genesee County Airport. The total design contract is $240,024, with $199,500 being previously approved. The increase includes $11,111 in new state aid and $29,913 in airport deferred revenue. 
• An agreement to work with the Town of Batavia on reconstruction of the intersection at Powers Road and Pratt Road. The project will eliminate a hill and fill in a dip, improving visibility for drivers approaching the intersection. The total cost of the project is $400,000 and will be covered in part by a 90 percent federal grant.
• Authorized purchase of a new 4x6 dump truck, wing, plow and harder sander for $205,918 from Beam Mack Sales in Rochester. The highway department runs six such trucks "nonstop" Hens said. The trucks haul snow, salt, dirt, tree stumps and other material that needs moved place to place. "These are workhorse vehicles," said County Manager Jay Gsell.
• Authorized the purchase of six Ford Fusions, a Ford Escape and a 12-passenger van from Van Bortel Ford, East Rochester, at a price not to exceed $165,360.

It took local law enforcement less than an hour today to respond to a reported burglary in progress at 28 Park Ave., Batavia, and take two suspects into custody.

The first, who was allegedly armed, was captured almost immediately about 100 yards from the residence.

The second suspect was the subject of a manhunt that involved officers from Batavia PD, the Sheriff's Office, State Police, a K-9 and a helicopter. It lasted about 45 minutes.

"We had the State Police helicopter up in the air quickly," said Chief Shawn Heubusch, Batavia PD. "We had the benefit of decent weather. We had several reports from residents in the area. Our officers responded very quickly. They set up a perimeter very quickly. Everybody did what they were supposed to do. That was the crucial element, to be able to bring all of those resources together in such a short amount of time."

It was a neighbor who reported the possible burglary. The witness saw two men knock on the door of 28 Park Ave. About 10 minutes later, the neighbor heard a loud noise coming from the residence.

Dispatchers received the report of the possible burglary at 11:28 a.m.

When police arrived, two men were seen running from the house. One headed east, the other west.

"It doesn't appear anything was taken," Det. Rich Schauf said. "There is evidence they were well into the house and, for whatever reason, they left in a hurry and were seen running from the house. The assumption is they saw that there were police in the area."

Arrested almost immediately was Nathaniel Davis, 18, address unconfirmed. Davis was allegedly found in possession of a loaded handgun at the time of his arrest.

"There was an attempt to tase him, but because he had thick clothing on, the initial tase did not work," Schauf said. "There might have been, I'm not sure if there was, a positive tasing at some point, and then (he) did finally fall to the ground."

With a perimeter established, Schauf said commanders on scene were pretty confident the second suspect hadn't gone far.

St. Paul's School, a private school on Washington Avenue, heard of the law enforcement activity in the area and went on lockdown. Schauf said both because of the fast-moving situation and because officers were confident that the second suspect was contained to a four-block area, other Batavia schools were not contacted about a possible lockdown.

"We weren't at a stage where we were in a planning mode," Schauf said. "That would have happened very shortly if this had continued on, but because it was fluid and all our resources were tied up in the pursuit, there wasn't time at that point to make a decision."

During the search, there were neighbors coming and going and residents coming outside to see what was going on.

Schauf said residents, as they appeared, were being instructed to stay inside, but if they saw anything, to call dispatchers.

Drivers were asked to keep moving along.

"You've also got to be aware that in this day and age of cell phones, this person could be trying to contact somebody to try and get him," Schauf said. "So we're trying to be aware of who's around that area."

The first order of business is safety, Schauf said, both for residents and for officers, but the PD was also confident they had the suspect pretty much trapped within the perimeter.

"That's why we are able to keep searching," Schauf said. "It was a needle in a haystack, so to speak, but we also knew there was a good chance the person couldn't get out of that perimeter, so we were pretty confident we could just keep searching."

At the start of the search, Deputy Brian Thompson -- on a well-deserved day off after being involved in a life-threatening situation where a suspect dragged him with his car before two truck drivers intervened -- was at the County Highway Department washing his patrol vehicle when he heard the call. Thompson had his K-9 Pharoah, not yet retired, with him and his gear.

"He thought his dog might be of service and absolutely he was," said Chief Deputy Jerome Brewster, adding that a K-9 officer is always ready for the call of duty.

It was Pharoah, whom Thompson has always praised for his tracking ability, who located the second suspect and chased him to the back yard of 48 Ellicott Ave.

"He continued to flee with the dog chasing him," Schauf said. "He went as far as he could go before giving himself up."

The suspect, 23-year-old Akeem Simmons, suffered a leg injury at some point during the incident, probably while running, but at this point, investigators aren't sure. He was transported from Batavia PD headquarters to UMMC by Mercy EMS, where he was treated. He was seen later at the police station with a leg brace boot on his right leg.

No weapon was found on Simmons, and a K-9 from the State Police barracks in East Aurora that is trained in weapons detection was brought in to sniff the path Simmons is believed to have followed and no weapon was located.

Investigators did find a discarded black hoodie.

The initial description of the two suspects was that they were wearing black hoodies. When Simmons was arrested, he was wearing a red hoodie.

"An obvious tactic is to change what you're wearing," Schauf said. "Once you get out of the immediate area, change what you're wearing."

Possible charges against Simmons and Davis include burglary, 1st, a Class B felony, criminal possession of a weapon, criminal mischief and resisting arrest.

This is the fourth high-profile criminal incident in the past six months in the City of Batavia where guns were involved.

Both Detective Schauf and Chief Heubusch acknowledged there is an increase in weapons being used by criminals locally and an increase of violent crimes in Batavia.

It does seem like there are more incidents of people who have guns, where we didn't see that before," Schauf said. "If you look at it for society, it's been a problem at the forefront for a long time across the nation. We've been fortunate that we haven't had that here, but you can only hold out so long."

The reason for the increase might be, Schauf said, because criminals feel a greater need to protect themselves from each other.

"When you read about what goes on in Buffalo and Rochester, we're not removed from that," Schauf said. "As a police officer, we are always trained to be looking so that we're not taken by surprise, but I think as a community, it's something people need to be aware of -- to look out for one another, like what happened today, and to just be more cautious because it is more prevalent."

The best way to combat an increase of gun-related incidents, Chief Heubusch said, is for members of the community to look out for each other, as a neighbor did today.

In addressing that question, Heubusch also addressed the possible concern from residents that there is an increase in criminal gang activity.

"I think people in this community should just be concerned about the increase in violent activity on the whole," Heubusch said. "Whether it's related to any specific group of people, the message we're trying to get out there is you need to help your neighbor. If you see something, you need to say something. It's very simple."

He said that rather than be concerned about possible retribution, residents need to concern themselves first with looking out for the safety and well being of each other. 

"If you speak up about these people who you think are maybe in a gang or you think are may be going to commit a crime, you're going to drive those people out of the community," Heubusch said. "You're going to drive them out by saying we're not going to stand for it. We (the police) are going to back you up 100 percent. We're going to do everything we can to get these people out of our community.

"There's an increase in violent crime across the nation," Heubusch added. "We're not in a fish bowl. We need to be prepared. Our residents need to be prepared to take care of one another."

UPDATE: A couple of things left out of the original story. Davis is somebody Batavia PD has had prior contact with and is believed to be a longtime resident. Simmons is new to the community.  Simmons was on an alert list for questioning by parole or probation and law enforcement had been warned to consider him potentially dangerous.

Asked if one or both of these men might be suspects in the recent armed robbery of a pizza delivery driver, Schauf said that's certainly something investigators will look into. 

Regarding potential gang connections to recent gun-related crimes, a quote from Schauff: "It's something we don't overlook. It might not be stated as an obvious. Like the question you're asking, isn't it obvious? We can't go by obvious. We need proof. There is certain proof we need to prove that. It's something that we look at and we take seriously, but to say ... we would want to have more proof before I said that."

In accordance with her plea agreement, Brandi Watts, the former Village of Corfu court clerk who stole more than $10,000 in court funds, was given 11 months to show she can stay out of trouble.

If she does, she will be sentenced Dec. 15 on a lesser included offense and serve a year on probation with the chance to have all charges dismissed.

Watts, who entered a guilty plea in October to one count of tampering with government records, a Class D felony, also paid $10,128.

The only drama, if you want to call it that, in court today was special prosecutor Donald O'Geen addressing a request by the Village of Corfu for additional restitution.

"There is claim for thousand and thousands of dollars more the Village of Corfu seeks," O'Geen said. "In my opinion the correct legal amount that the village can recover if there were a restitution hearing has been recovered. There's a lot of emotion and a lot of built up frustration and there are expenses they feel they shouldn't have to pay. I'm confident in the number, but I completely understand the frustration in the Village of Coruf."

Watts said nothing prior to Judge Robert C. Noonan ordering her back Dec. 15.

"If she violates the terms of probation, the probation department will notify me immediately and we'll be right back in here," Noonan said.

The case against Watts became a public controversy after the state comptroller's office released a report showing numerous financial irregularities in the village court's bookkeeping. For more than a year the village tried to pursue a case against Watts and her father and former boss in the village court, former justice Robert Alexander. 

As the judicial review commissions proceedings dragged on and no, the village tried to recover funds and get a criminal case to move forward.

In the process, the village incurred thousands of dollars in legal expenses and that's the money the village would still like to have Watts pay in restitution.

O'Geen said he doesn't believe that money would be awarded to the village in a restitution hearing.

Alexander, who also served as the Town of Pembroke justice, has resigned from office and is barred from ever seeking a court position again. As part of the plea bargain, criminal charges against Alexander where dropped, which included coercion and official misconduct for allegedly harassing another court clerk.

In nearly every respect, the re-sentencing today of Jacquetta Simmons was routine. Matter of fact, perfunctory, even.

Stripped of any discretion in sentencing by the the Appellate Division, Fourth Judicial Department, NYS Supreme Court, when the higher court threw out his previous five-year prison term for Simmons, Judge Robert C. Noonan had little to say in open court before sending Simmons to jail on a one-year term.

The 12-months in county lock-up, likely to be reduced to eight months on good time, was prescribed by the appellate division, which rendered mute in court both of the normally loquacious attorneys for the people and the defense, District Attorney Lawrence Friedman and Buffalo-based private attorney Earl Key.

"The sentence imposed by me previously is obviously the sentence I thought appropriate for this case," Noonan said. "The appellate division has the authority to modify the sentence and has done so. As Mr. Friedman noted, I have no discretion to modify their sentence. Therefore, I sentence you to one year in the Genesee County Jail."

Because the local jail cannot house female inmates, Simmons has been transferred to the Allegany County Jail, one of a half-dozen other jails in neighboring counties that take Genesee County's female inmates.

The county will be billed $85 per day to house Simmons in the Allegany jail, meaning if she serves eight months, county taxpayers will pick up as much as a $20,000 tab for her incarceration.

Simmons, 27-years-old at the time of her crime, was convicted by a jury of peers in August of delivering a roundhouse punch to the face of 70-year-old Grace Suozzi, a Walmart cashier, on Christmas Eve 2011, after arguing with Suozzi about producing a receipt for her prior purchases.

Suozzi has not worked and reportedly rarely goes out of the house since the attack.

Defense attorney Key maintained at trial, and in the appeal, that the punch was accidental and that Simmons was merely pulling her arm away from another store employee as she tried to rush from the store.

The appellate division sided with the jury, with one dissenting vote, even as it decided Noonan's sentence rendered in November was too harsh.

Key and co-counsel Anne Nichols said after court that the justices made the right decision in overturning Noonan's original five-year prison term.

Key said Nichols did extensive research and found no case in the State of New York where a first-time offender who was employed and going to college was given such a harsh sentence on a Class D violent felony conviction.

"There's never been a case that we could find, and the District Attorney's Office sure didn't refute what we said in the paperwork, where anybody has ever gotten five years as a first-time offender," Key said.

Friedman did not want to comment following today's hearing. But after the decision was first announced last week, Friedman seemed to question an appeals process that had little regard for local community standards.

"Having gone through this and seeing the impact this had on Mrs. Suozzi, her family, a lot of people in the community who knew her and cared about her -- all of that is something that is lost in the appeal process," Friedman said. "It's one punch, but more than the physical harm is the emotional harm. It really affected her life as far as her ability to return to work and go out and about. She's a very nice lady and this sentence doesn't do her justice."

In overturning the sentence, Nichols said, the appellate division did apply community standards -- the standards of the entire community of the State of New York.

"That depends what community you're talking about," Nichols said.

"Genesee County," a reporter interjected.

"I think it accurately reflects what more diverse communities are in line with," she continued. "If you look across the state, as we did with the appellate division in getting the stay to begin with, it's very unusual for a first-time offender to receive a sentence of five years incarceration. I did the research myself. I looked at DOCS, and I would say that's almost unheard of. The original result was in line with community standards across the state, for sure."

Asked to respond to the notion that the local Genesee County community is offended by a reduced sentence for a person that viciously attacked an elderly woman who's highly regarded here, Key said the sentence should not be based on who the victim is.

"Should decisions be made based on the victim's character and who the victim is?" Key asked. "So somebody who is less popular in the community, or somebody who is less affluent in the community, then the sentence should have been less, and then because Grace is who she is, then the sentence should be harsher? That's absurd."

Nichols said all of the negative comments about Simmons during the course of this case have come from people who don't even know Simmons.

"Nobody has taken into account what we've been trying to get across from the beginning is that Jacquetta Simmons had absolutely no criminal history," Nichols said. "She worked. She wasn't on public assistance. She had no CPS cases. She is not what everybody in this community has painted her out to be in many comment sections and from the many people I've heard talking in the streets. They don't know who Jacquetta Simmons is and quite frankly they don't care to know who she is."

After the hearing, Simmons was led by a deputy from the court room (top photo) and toward a probable eight months in jail, but outside of court Key made clear the case is not over.

Noonan has awarded more than $2,000 in restitution be paid to Grace Suozzi. Today, Noonan ordered that Simmons begin paying the restitution at a rate of $100 per month beginning in 30 days.

Key said he's going to appeal Noonan's restitution ruling.

"She has to pay restitution for things like high blood-pressure medication and things of that nature," Key said. "For a woman who admittedly never went to the doctor for years prior, one of our arguments is you don't know if she had high-blood pressure before this incident. She wasn't seen by a medical professional, so we definitely plan to appeal the restitution."

The Batavian first broke the story of the Simmons case in 2011. For a complete archive of our coverage, click here.

A motor-vehicle accident is reported in the area of 379 W. Main St., Batavia.

Unknown injuries.

City fire and Mercy EMS dispatched.

UPDATE 5:29 p.m.: It's reported as a T-bone accident.

The city's proposed 2014-15 budget holds the line on taxes while helping foster programs City Manager Jason Molino said will help improve the quality of life in Batavia.

The $16.6 million spending plan calls for a 3-cent decrease in city property taxes, lowering the rate from $9.30 per thousand to $9.27 per thousand.

At the same time, city spending will increase 4.4 percent, or $675,000 over 2013-14.

City Council President Brooks Hawley said he doesn't yet have a feel for how the rest of the council will respond to the proposed budget, but he's looking forward to the budget discussions, which begin with a budget presentation by city staff at tonight's meeting.

"We just received this budget on Friday, so I'm very excited to talk with other City Council members and see what they think," Hawley said. "I'm looking forward to the budget meetings and seeing where we go from there. Right now, this is just a starting point. We are excited, just by looking at the first couple of pages, that what council wanted, this budget lays out, such as neighborhood revitalization, addressing quality of life and keeping the tax rate down."

The budget proposal brings back the position of assistant city manager, which was eliminated years ago as a cost-saving measure.

Molino said it's needed now to help the city move forward on several projects that will mean lower costs for both the city and for residents.

One of the primary duties of the new assistant city manager will be to get the city participating in the National Flood Insurance Program.

Working out of a 600-page book of guidelines, it will be up to the new assistant city manager to implement plans and programs that will mitigate flood issues and help improve the city's flood insurance rating.

The city's rating is currently a Class 10 -- the highest rating because the city doesn't currently participate in NFIP -- and for each point the city can shave off the rating, the cost of flood insurance for property owners in the city will drop 5 percent.

The rating can improve by doing simple things such as ensuring certain kinds of public information be available to complicated matters like moving buildings. There are, in all, 18 different topics the city can study, and possibly address, to improve Batavia's flood insurance rating.

Currently, the average cost of flood insurance in the city is $900 annually, based on the price of the home.

"That's more than your average City of Batavia tax bill -- city property taxes for that property on a home that's assessed at $90,000," Molino said. "How do we combat that? If we can lower those premiums by 5, 10, 15, 20 percent through actions we can take through the community-rated service program, we're going to be able to provide relief to our residents."

Molino believes that high cost is one reason some residents won't invest more in their homes, or buy houses that are worthy of restoration if not for their location in a flood plane.

The new assistant city manager will also handle risk management for the city, which can help reduce the city's annual $2 million expenditure on various insurance policies.

The new position will pay in the range of $63,000 to $77,000 and whomever is hired will be required to move to the city if not already a city resident.

"When the position was eliminated several years ago it was because the city was in a finanical position that warranted making cuts, scaling back on services, which it did," Molino said. "I think that now when we're on more stable footing, we're in a position now where the council is looking to take on initiatives that are going to help progress the community forward. We're talking about quality-of-life initiatives, neighborhood initiatives. In order to provide these services, you've got to have staff to do it."

A big part of the city's focus the past couple of years has been the implementation of a strategic plan, which calls for neighborhood improvements, revitalizing commercial areas, converting brownfield locations into once-again useful and productive properties and addressing quality-of-life issues, such as abandoned homes and high-crime neighborhoods.

One of the biggest initiatives planned by the city for the spring and summer are what Molino calls "neighborhood sweeps."

The sweeps will involve closing down a neighborhood for two or three hours so nobody gets in or out and the police, parole and probation officers, along with code enforcement officers, will endeavor to contact every person in the neighborhood. Individuals who cause problems might be identified and dealt with appropriately under the law and residential units that don't meet code standards will receive notices and have deficiencies documented.

There will be no prior notice to neighborhoods subject to a sweep.

"It's a way of trying to do several things," Molino said. "One, working with the residents who might be able to provide information about what's going on in their neighborhood; combating some of the issues that we're seeing, some of the increased activity; addressing property maintenence and criminal activity, all in one shot. It's taking our resources and focusing on the areas that need that assistance."

City leaders from Buffalo met with local officials a month ago to discuss how that city has implemented a similar program.

"It's taking what they're doing (in Buffalo) and applying it in a way that's a better fit for our community," Molino said. "It's taking these nuisance areas and addressing quality-of-life complaints and trying to combat them, either working with the landlords to get these problem tenants out of the neighborhoods, or working with the residents to identify the problems in the neighborhood."

Over time, perhaps, those residents who are generally content to do more harm than good will find Batavia inhospitable enough that they will leave the city, if not Genesee County, Molino said.

"It's not a hostile position," Molino said. "I would say it's a position of being a nuisance to nuisance individuals. If it's people who are engaging in criminal activity, if it's people doing things they shouldn't be, we're going to be addressing those.

"Keep in mind, when you're addressing little issues like nuisance and quality-of-life issues, minor issues, if you address those with a hard-line approach, it's going to be a deterrent to undesirables who are in those neighborhoods," Molino added. "They're not going to want to be bothered with that and it's going to have them disperse elsewhere."

The program is designed to empower people to take their neighborhoods back so they're once again a safe place for children to play outside, Hawley said.

Chief Shawn Heubusch said he's hopeful the program will help the community address some of the kinds of criminal activity we've seen recently in the city, such as shots fired on State Street, shots fired on Jackson, and the recent armed robbery on Jackson.

"This will hopefully get us to a point where we can address some of those issues before they occur," Heubusch said. "It allows us to get into the neighborhoods and get a more personal look at things and get the neighbors comfortable with us and being more willing to contact us. Do I think it's going to solve everything? Absolutely not."

The proposed 2014-15 budget also takes a couple of small, but potentially significant steps, in the technology region.

Working with National Grid, the city is planning a recharging station for electric cars located somewhere Downtown. The recharging station will handle two cars at a time that can plug into the power grid for free.

The hope is the station will attract electric car drivers from the Thruway into Downtown for shopping and dining.

The annual cost to the city, even if the stations are used to capacity every day, would be no more than a few hundred dollars.

"It's a marginal cost to the municipality, but it's an attraction to get visitors Downtown," Molino said.

The budget also calls for a few Wi-Fi hotspots to be installed at Downtown locations, such as Jackson Square. The pilot project will help the city evaluate the need and benefits of providing wireless Internet connectivity to smartphone and tablet users.

One of the biggest expenditure hits the city has taken over the past several years is the skyrocketing cost of funding pensions through the state's retirement plan. Each year, the state sets what the city will have to pay into the fund. For the first time in five years, the city is being told to contribute less than the previous year.

Another important component of the city's plan for neighborhood improvement is trying to obtain title to vacant and abandoned homes, and working with nonprofit agencies to renovate the houses and turn them over to responsible owners who will reside in the homes they acquire.

There are currently as many of 50 such abandoned houses in the city.

The city will use $229,000 from equipment reserve funds for police, fire and DPW vehicles and machines.

On the reserve fund front, $50,000 is being set aside for an anticipated renovation, or replacement, of the police headquarters building. A consultant is currently evaluating the current station and the needs of the department.

The police budget is up 4.1 percent, or $158,505 for additional personnel costs.

The city plans on spending $7,500 on "a neighborhood video surveillance camera," but no word on where the camera might be installed.

Union contracts dictate raises for CSEA members of 2 percent and for police of 2.75 percent. Management employees will receive a 2.5-percent pay increase. The fire personnel contract is currently under negotiation.

The city's part-time parking enforcement/recycling officer and the part-time ordinance enforcement officer will be combined into a single, full-time job.

There is a proposed 9-cent increase in the city's water and sewer rate to $4.71 per thousand gallons. There is also a proposed $12 annual fee to fund capital projects to replace aging infrastructure.

The city will replace 1,950 feet of sewer line on Trumbull Parkway. The project includes sidewalk replacement, road restoration, and upgrades on water service and fire hydrants.

A grant request to reconstruct Summit Street was rejected by the state, so in the meantime, the city will resurface the street.

In all, more than $1 million will be spent on sidewalk and street repairs and replacements.

Photo: Jodie Freese prepares copies of the 2014-15 proposed city budget for distribution to members of council and other members of the community.

A two-car accident is reported on Richmond Avenue near Oak Street, Batavia.

One person is complaining of back pain.

City fire and Mercy EMS dispatched.

UPDATE 3:49 p.m.: One patient being transported to UMMC with a complaint of neck pain.

John Spaulding, a photographer in Livingston County, sent us this picture that he took last week while flying over Genesee County.

NOTE: Headline changed.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with identify theft, 2nd, and grand larceny, 4th. Brade is accused of fraudulent use of a debit card. Brade allegedly used the card to purchase items over the Internet. Following arraignment in Batavia City Court, Brade was released under supervision of Genesee Justice.

Douglas Robert Brown, 45, of South Main Street, Elba, is charged with criminal possession of a weapon, 4th. Brown was arrested following an investigation into a complaint of an irate truck driver who made a delivery to Automotive Corp., Inc. Brown was allegedly found in possession of a billy club.

Thomas James Rose, 18, of Ford Road, Elba, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, criminal use of drug paraphernalia and unlawful possession of marijuana. Rose was found to allegedly possess drugs and paraphernalia during an investigation by Deputy Joseph Corona and Deputy Howard Carlson of an incident at a residence in Byron at 2:30 a.m., Saturday.

Arthur Mack Osborne, 47, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Osborne is accused of violating a complete stay away order by going to the residence of the protected person and being in contact with that person.

Paul Joseph Kirch, 27, of Angling Road, Corfu, was arrested on a warrant out of the Town of Amherst related to a disorderly conduct charge. Kirch was located when a deputy checked on a vehicle parked on the shoulder of a roadway. Upon investigation, Kirch was identified as a suspect with an active arrest warrant.

Cynthia Louise Reschke, 50, of Transit Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely. Reschke was stopped at 1:36 a.m. Sunday on Morganville Road, Stafford, by Deputy Joseph Corona.

Stephen A. Getty, 43, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a highway. Getty was stopped at 5:11 p.m. Friday on Main Road, Pembroke, by Deputy Kevin McCarthy.

Louis Levon Wooden, 28, of Salina Street, Rochester, is charged with petit larceny. Wooden is accused of shoplifting at Walmart. Also charged with petit larceny is Tymekia T. Gaskin, 39, of Champlain Street, Rochester.

Ann Lee Cox, 42, of Main Street, Attica, is charged with criminal possession of a controlled substance, driving while ability impaired by drugs, driving while ability impaired by combined drugs and moving from lane unsafely. Cox was arrested following an investigation by Deputy Kevin McCarthy into a single-car accident on Route 98, Alexander, at 4:22 a.m. on Oct. 20.

Emily Grace Lemen, 19, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Lemen was allegedly driving a vehicle at 4 p.m. on Jan. 6 that went down an embankment at the 490 off-ramp at Route 19. The accident was investigated by Deputy Matthew Butler.

Press release:

Genesee County has been chosen to receive $2,800 to supplement emergency food and shelter programs in the county. The selection was made by a National Board that is chaired by the U.S. Department of Homeland Security's Federal Emergency Management Agency and consists of representatives from: American Red Cross; Catholic Charities, USA; National Council of the Churches of Christ in the USA; The Jewish Federations of North America; The Salvation Army; and, United Way Worldwide.

The Local Board was charged to distribute funds appropriated by Congress to help expand the capacity of food and shelter programs in high-need areas around the country. A Local Board made up of (the Mayor, United Way, et al.) will determine how the funds awarded to Genesee County are to be distributed among the emergency food and shelter programs run by local service agencies in the area. The Local Board is responsible for recommending agencies to receive these funds and any additional funds made available under this phase of the program.

Under the terms of the grant from the National Board, local agencies chosen to receive funds must: 1) be private voluntary nonprofits or units of government, 2) be eligible to receive Federal funds, 3) have an accounting system, 4) practice nondiscrimination, 5) have demonstrated the capability to deliver emergency food and/or shelter programs, and 6) if they are a private voluntary organization, have a voluntary board. Qualifying agencies are urged to apply.

Genesee County has distributed Emergency Food and Shelter funds previously with Community Action, The Salvation Army and Ministry of Concern participating. These agencies were responsible for providing meals and lodging.

Public or private voluntary agencies interested in applying for Emergency Food and Shelter Program funds must contact Major Patricia Kurtz at patricia.kurtz@use.salvationarmy.org or 585-343-6284 for an application. The deadline for applications to be received is FRIDAY, JAN. 20, 2014 by 3 p.m.

Watertown Daily Times: Lack of timetable for ammunition background checks leaves dealers in limbo