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Press release:

IAFF Local 896 Batavia City Firefighters are proud to announce a safe and secure drop box to retire U.S. flags in our community. Firefighters have partnered with the Veness Strollo VFW Post 1602 to ensure a dignified retirement on Flag Day.

Residents are encouraged to bring their retired U.S. flags to the firehouse drop box where firefighters will, on a weekly basis empty the container, properly fold flags, and prepare them for delivery to the VFW on Edwards Street.

The idea of providing a U.S. Flag Retirement Drop Box for our community was brought up after seeing other municipalities purchase containers for proper flag retirement. Many other military organizations, along with the VFW, collect and retire U.S. flags.

We are just providing an additional central location for the community to respectfully retire their U.S. flags. Since early January our community has brought in more than 40 flags for proper retirement, thank you!

Special thanks to Kristina at the Genesee County sign shop for the professional wrap and graphics on the flag container. Our temporary install of the container was made possible by firefighters of the 1st platoon with plans to permanently install in the Spring with assistance from City Department of Public Works.

It's been nearly four years since Dave Vascianne purchased the former armory property on State Street in the City of Batavia and according to his consultant, David Carr said it's been a slow but deliberate process to decide what to build on the land.

The decision, on the back of the property, a senior housing complex.

On the front, using the existing buildings?  Vascianne and Carr want to hear from the community.

To that end, they've been working with a group of RIT students to develop a range of possible uses for the buildings and those ideas will be presented to the community from noon to 2 p.m. at City Centre on Saturday, Feb. 29.

"We want to get as much input from the community as possible," Carr said. "Whatever it is, we want to fit with the senior housing and make sure everything fits together. Everything has to be social together because otherwise, it won't work, which is why we want to get input from everybody."

DaVas Enterprises, LLC purchased the parcel Aug. 1, 2016, from the New York State Police for $235,000.

At the time, Vascianne said, he wasn't sure what he would do with the property but he's a developer. It was too good a value to pass up. It's a nice piece of land and the existing buildings are architecturally interesting and in good shape.

He settled on senior housing to anchor the development because of the residential zoning of the area but he hasn't decided yet what to do with the front part of the property.

Carr said the project is being privately financed though there are tax credits available for the senior housing and they may seek out other assistance.

Photo: File photo from 2015

County legislators on Wednesday indicated a willingness to sell or lease a small parcel of land next to the Senior Center building on Bank Street, Batavia, to GO ART! for the creation of an art garden.

Gregory Hallock, director of GO ART!, presented the concept at a Ways and Means Committee meeting and the committee unanimously approved a letter of support.

The letter is necessary to help secure a potential grant from the Ralph C. Wilson Jr. Foundation, which provided funds for the Musical Garden that opened this summer in the walkway next to Seymore Place.

Hallock said the art garden will be space for art displays, concerts, classes, flowers, and a place to grow herbs and vegetables for use in the GO ART! kitchen.

He said the garden could also help generate revenue for GO ART! as a place to host weddings and for culinary events as well as concerts.

The small lot in question is already a garden accessible only by the Senior Center that is barely used by the Office for the Aging.

Besides a connection to Seymore Place and the Musical Garden, the art garden would also fit nicely, Hallock said, with the Healthy Living Campus being developed by UMMC and the YMCA.

Hallock said both UMMC and the YMCA have signed off on the project and through discussions, leaders there realized that GO ART! is a natural fit for what they're planning with the Healthy Living Campus so GO ART! will be included more in future planning discussions.

Press release:

The Forum Players, Genesee Community College's Theater Arts students, and members of the local theater community are excited to open the 2020 spring season with "Doubt: A Parable," written by John Patrick Shanley, which won both a Pulitzer Prize and Tony Award in 2005.

This performance is a brilliant and powerful drama that tells the story of Sister Aloysius, a Bronx school principal who takes matters into her own hands when she suspects the young Father Flynn of improper relations with a male student.

Shanley not only wrote the play, but he also wrote the screenplay and directed it as a film starring Meryl Streep and Philip Seymour Hoffman.

GCC's talented Forum Players bring this parable to life with four live performances, directed by Maryanne Arena and Jaime Arena, which are intended for mature audiences (age 16 and up). Performances are in the Stuart Steiner Theatre, 1 College Road, Batavia.

• Friday, Feb. 21 and Saturday, Feb. 22, both at 7:30 p.m.
• Sunday, Feb. 23, at 2 p.m.

The cast includes:

• Lucine Kauffman, of Elba, as Sister Aloysius
• Sam Rigerman, of Batavia, as Father Flynn
• Nevaeh Vindigni-Kretchmer, of Rochester, as Sister James (alternating the role)
• Alyssa Young, of Holley, as Sister James (alternating the role)
• Francesca Pieter, of Willemstad, Curacao as Mrs. Muller (alternating the role)
• Caitlynne Tape, of Syracuse, as Mrs. Muller (alternating the role)

The crew includes:

• Brodie McPherson, of Rochester, as technical director and production designer
• Emily Grierson, of Perry, as stage manager
• Tiago Ortega, of Sao Paulo, Brazil, as a backstage assistant
• Leah Plummer, of Bradford, Pa., as a backstage assistant

Tickets for these shows are available online here. The cost is $8 for adults, and $5 for seniors (55+) and students (16+) and GCC faculty/ staff. GCC students with ID are $3, and GCC alumni with ID will receive a $2 discount on an adult ticket.

To reserve seats, you may also contact the GCC box office at boxoffice@genesee.edu or (585) 345-6814. 

Photos by Howard Owens.

A two-vehicle accident with injuries that is blocking traffic is reported in Pavilion at Ellicott Street Road and Telephone Road. Law enforcement is on scene. Pavilion Fire Department and Mercy medics are responding.

The Alabama Town Board is considering a change in a section of the zoning law that, in effect, would make it more difficult for residents to complain about noise from windmills.

A public hearing is scheduled for 6:30 p.m. next Monday (Feb. 24) at the Town Hall on Judge Road to get feedback concerning the adoption of Proposed Local Law 2-2020 Town of Alabama Zoning Law Article IV Section 622, Part C7 Noise, amendment.

“This was actually started as a request from a citizen, who proposed the wording, and it was sent to the (Town) planning board and then back to the Town Board,” said Town Supervisor Rob Crossen, who took office on Jan. 1.

Crossen said he knew of one windmill in the southeast corner of the town that wasn’t functioning properly and emitted a loud noise that bothered several neighbors, but said that it has been repaired “to my knowledge.”

Windmills (not large wind turbines) are in operation at various locations in the Town of Alabama, including some on Macomber and Townline roads and on farms on Ledge Road and Maple Avenue.

Crossen also made it clear that he has no opinion on the matter at this point.

“I want to hear what the public has to say,” he said.

The current noise regulation states the following:

7. Noise. Audible noise due to the operation of any part of a Non-Commercial Wind Energy System shall not exceed 50 decibels (dBA) for more than 5 minutes out of any one-hour time period, when measured at any neighboring property line not owned by the applicant.

If the amendment is passed, a key revision would require residents filing a “legitimate complaint” to bear the cost of “independent third-party professional sound testing.”

The proposed amended ordinance reads as follows:

7. Noise. Audible noise due to the operation of any part of a Non-Commercial Wind Energy System shall not exceed 50 decibels (dBA) for more than 5 minutes out of any one-hour time period. An exemption shall be made when the National Weather Service issues a high wind advisory or warning.

Any sound testing shall only be done due to a legitimate complaint and shall be conducted in closest neighboring inhabited dwelling. The cost of this independent third-party professional sound testing shall be borne by the complainant. If the testing at complainant’s inhabited dwelling shows sound level exceeding allowable limits, the wind turbine owner must address and remedy the situation in coordination with the Town of Alabama Zoning Enforcement Officer.

-- A wind advisory is issued when the following conditions are expected: sustained winds of 31 to 39 mph for an hour or more; and/or wind gusts of 46 to 57 mph for any duration;
-- A high wind warning is issued when the following conditions are expected: sustained winds of 40 mph or higher for one hour or more; and/or wind gusts of 58 mph or higher for any duration.

Press release:

Today, President Donald Trump endorsed Chris Jacobs in a tweet. Nate McMurray had this to say in response:

“It’s a good thing the president endorsed Jacobs early, because it took several years for Jacobs to endorse the president or even say his name,” McMurray said. 

“If I was Stefan Mychajliw, Beth Parlato, or Rob Ortt, I’d feel pretty betrayed right now. Jacobs became a Trump supporter overnight to try and win this position. Money talks. I invite President Trump to come to NY-27. I invite him to stand on a stage, look me in the eye and explain to me and the people of NY-27, why he wants to make cuts to Social Security and Medicare.

"I want to see what he has to say for himself for taking away care from our elderly, our rural hospitals, or all those people who earned the right to those benefits through years of hard work. He needs to explain, because Jacobs sure can’t.”

Press release:

The Genesee County Conservative Party is excited to announce the following endorsements: 

• Beth Parlato -- 27th District Congresswoman 
• Ed Rath -- 61st District State Senator 
• Stephen Hawley -- State Assembly 
• Sheriff William A. Sheron Jr. -- Genesee County Sheriff 
• Scott German -- County Treasurer
• Jeremy Karas -- Council at Large 
• Tom William -- Town Justice, Town of Batavia 

Congrats to all of the candidates.

While acknowledging a high degree of uncertainty brought about by New York’s new bail reform laws, Genesee County officials – working hand-in-hand with consultants, engineers and architects experienced in correction facilities – are moving ahead with their plan to build a state-mandated 184-bed jail on property just east of County Building 2 on West Main Street Road.

“It’s the worst time in New York State history to be building a jail … but it must be built,” said Matt Landers, assistant county manager, referring to the state’s recently passed legislation that has eliminated cash bail for most misdemeanor and nonviolent felony offenses, thus reducing the number of those charged with a crime who are remanded to jail.

Landers, cochair of the jail committee along with Sheriff William Sheron, was speaking at tonight’s public information session at the Old County Courthouse about the proposed $60 million project.

Approximately 40 people, including county legislators, jail committee members and interested citizens, attended.

Landers and Rod Miller, president of CRS Inc. (Community Resource Services) of Gettysburg, Pa., a consulting firm that specializes in the correction and detention fields, agreed that the changes to how bail is applied have created a dilemma when it comes to projecting jail housing requirements.

Already, the new laws, which took effect on Jan. 1, have resulted in a downsizing of the new county jail from 214 beds (originally), then 200 beds – each with five pods – to 184 beds with four pods.

“They are the most extensive set of laws passed in the country,” Miller said, noting that California also is in the process of bail reform but not “as extensive” as New York’s. “We’re trying to anticipate the impact and that’s been very difficult. It’s kind of a crap shoot; there’s no question it will reduce jail population.”

Still, the county is obligated to replace its current jail at the corner of West Main Street and Porter Avenue.

Built in 1902 (with an addition/renovation in 1985), the jail is not conducive to effective supervision, has inadequate space for services and programs, and does not have the capacity to house female inmates – a situation that costs the county hundreds of thousands of dollars annually to transport these women to other jails, Miller explained.

“The current jail deficiencies are pretty well documented,” Miller said, adding that the county is liable no matter where inmates are housed and must abide by strict state Commission of Corrections standards that cover safety, security, separation, conditions of confinement, and medical and mental health care.

In reality, the COC is driving the bus, so to speak, toward the erection of a new jail.

“The COC decides how jails operate and the capacity of the facility,” Miller said. “They had to approve the number of beds.”

The COC also requires all cells to be single occupancy – “a big impact here on the design (and accompanying cost),” he said – and “direct supervision” management of inmates, again a safe but costly proposition.

“Costs increased 20 or more percent per square foot due to the strict requirements,” Miller said, “and that is borne by the county.”

Previously, Landers submitted a budget for the project that shows actual construction costs at $49.7 million. The price tag increases to $60 million when adding in design, furnishing, bonds and insurance, construction management, planning and development, and unexpected costs.

County officials said the jail will be funded by bonds that will be paid back by sales tax revenue that has been shifted away from towns and villages per a new state-approved sales tax agreement. They also said that jail construction will not result in a property tax hike.

Miller pointed to the contribution of the county’s Criminal Justice Advisory Council, which helped all parties in assessing future population trends and housing needs.

“We had access to their monthly meeting and had plenty of discussions,” he said. “CJAC represents all facets (of criminal justice and law enforcement) and is a model for other communities.”

Explaining that the “number of admissions does not correlate to the number of beds used,” Miller said that after three days, 47.9 percent of inmates have been released, after using only 1.6 percent of the total beds. Furthermore, 73 percent of all inmates are gone within 30 days, having used just 13 percent of the annual beds.

“The three days (data) is the target of the bail reform laws,” he said, “and it is very tough to figure out the impact of bail reform in the long term.”

He also emphasized that the new jail will have a specific area for “central arraignment” and processing – a cost-saving measure – and is likely to take in inmates who formerly might have been headed to state prisons.

Most importantly, Miller said, the new jail will provide sufficient female beds, house detainees who present substance abuse problems, and provide a secure treatment facility and acceptable short-term holding and separation.

He did mention the possibility of a regional jail, noting that there are 130 of these types of facilities in the United States, but said that although “they make a lot of sense in principle, it is hard to find a solution that works for all parties. It is not a viable solution right now.”

Following Miller’s presentation, Graham Vickers, principal/director of justice practice for SMRT, an architectural firm out of Portland, Maine, gave an overview of the site plan.

“We have been working with the (Genesee County) group since 2017 and are 50 percent through the design,” he said, adding that they’re shooting to break ground this September.

Vickers said the building will consist of a front portion for staffing and programming and a back section of four separate rectangular structures behind.

He termed a space dedicated for arraignments as a “unique feature” that will limit travel expense and security issues.

“The jail has an internally driven design … which considers those who work there and those who are detained (first),” he said.

He also noted that there will be “educational spaces” for religious or classroom teaching, with the day room built with a safety as a priority.

The day rooms are being built with an emphasis on safety, he said. Landers added that the dayrooms in each pod are designed in such a way that one corrections officer will be able to oversee up to 52 inmates, making them "much more efficient."

Landers said the new jail is being constructed with a life expectancy of 50 to 100 years. He applauded his committee for its hard work.

“We did our best to analyze the data and trends, believing that they will start emptying the state (prison) population into our jail,” he said. “We spent the last three years of analysis … without having a crystal ball (to decide what is) best for the future.”

At the end of the formal presentation, two Batavia residents offered their opinions and asked some questions.

Ron Greer, former Genesee County Jail superintendent, said “you’re going to have a hard sell (with the public),” directing his comments to county legislators.

He said that he hoped that the county could generate revenue right away – and not a year down the road – by housing females.

Still, he acknowledged the county has the responsibility of taking care of all who are sent to jail.

John Roach asked what the plan was for the current jail, suggesting that the city may be abandoning the building next door (the current City police headquarters) in the near future.

Landers said SMRT has been charged with providing possible solutions, but no decision has been made yet.

Roach also asked if the new building considered the disabled – it does meet Americans with Disabilities Act guidelines, Vickers said – and if juveniles would be kept there. Sheron replied juveniles would be housed somewhere else.

As far as double-bunking is concerned, Roach said, “they have that in Attica. It’s OK for them but not OK for you.”

It also was pointed out that the design’s infrastructure (such as heating/cooling and kitchen) is in place to handle the addition of two pods if necessary, and that the county will need to hire more corrections officers and support staff.

Photo at top -- Rod Miller and Graham Vickers; photos at bottom, various views of the proposed new county jail -- floor plan, dayroom and similar facility. Photos by Mike Pettinella.

A locomotive engine is on fire at 16 Lehigh Ave. in Batavia and city firefighters are responding.

UPDATE 10:35 p.m.: The conductor of the train reacted quickly and cut off the fuel source to the blaze, thereby extinguising it before firefighters arrived. They checked out the scene and went back in service.

Tonya Marie Ficarella, 33, of Lovers Lane Road, Batavia, is charged with endangering the welfare of a child. On Feb. 13 at 8:45 p.m. Genesee County Sheriff's deputies took a report of a domestic incident that occurred earlier in the day. Following an investigation, Ficarella was arrested. It is alleged that Ficarella struck a male in the face during a physical altercation in front of a 3-year-old child. She was issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Shaquille Levon Davis, 27, of West Main Street Road, Batavia, is charged with third-degree menacing and second-degree harassment. Following a domestic incident at a local motel on West Main Street Road in Batavia, Davis was arrested for allegedly putting a victim in fear of physical injury by placing his hands on the victim. He was arraigned in Town of Batavia Court and is due to return there on March 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon.

Attention parents of young chefs, Jeanne's Table has three classes lined up for your child to learn new culinary skills and techniques. Classes are limited; they are at her Batavia home. They fill up fast!

For adults, she is offering a class in Italian cooking basics and an Italian "Demo & Dine" small-plate dinner party, both next month.

Here's the lineup for young folks:

• Teen Treats Cooking Class (for ages 13-16) (limited to eight teens) -- $175, requires $50 deposit to book -- 10 a.m. to 2 p.m., July 13-17
• Cooking with Young Adults (age 16+) (limited to 10 young adults) -- $175, requires $50 deposit to book -- 10 a.m. to 2 p.m., July 27-31
• Kids' Baking Camp (for ages 8 to 12 years) (limited to 12 kids) --  $175, requires $50 deposit to book -- 10 a.m. to 2 p.m., Aug. 10-14

Here's a couple of offerings for adults who love great Italian food:

• "Demo & Dine": Buon Appetito! Italian Dinner Extravaganza -- $50 total cost -- 6 p.m. Saturday, March 21 -- Let Jeanne show you how to make and enjoy a fabulous Italian meal.
• The Essentials of Italian Cooking (limited to 12 people) -- $35 total cost -- Tuesday, March 24 -- Sauce, bread, biscotti, gelato, basil, Grana Padano, Ricotta -- Many of the basics will be covered so you can learn to make amazing Italian dishes for your family and friends!

For bookings and more information, visit online at Jeanne's Table.

The Magic SandBox is holding a Sock Hop from 4 to 7 p.m. on Friday (Feb. 21) for children age 4 to 12 at Robert Morris School, 80 Union St. in the City of Batavia.

Admission is $1 or any monetary donation.

Parental supervision is required. Enter the building from the rear parking lot or the bus loop and follow the signs to the multipurpose room.

The point is to get kids up and moving!

It is hosted by True Wellness of WNY and Jo Coburn, a functional medicine health coach.

Attendees can expect:

• Healthy movement;
• Fun;
• Games;
• A dance contest;
• Crazy sock contest;
• Free prizes;
• Gently used books;
• Demo by the Harvester 56 Dance Academy;
• Healthy snacks;
• '50s costume contest;
• Basket raffle;
• Zumba with Tina Marie demo;
• And a Refuse to Lose Martial Arts demo.

Email:    themagicsandboxwebazine@gmail.com

A tractor-trailer reportedly struck a female driver's gray Jeep at Judge and Alleghany roads in Alabama, then left the scene westbound on Judge Road. A deputy is responding to the property damage accident. No injuries.

UPDATE 4:09 p.m.: A deputy is out with the tractor-trailer driver now. It has New York license plates.

Press release:

Assemblymen Steve Hawley (Batavia) and Jake Ashby (Castleton), both veterans themselves, alongside their colleagues in the Assembly Minority Conference co-hosted a “Voices for Veterans” event today at the American Legion Cottreall-Warner Post 942 in Webster, where they called for the immediate restoration of Gov. Cuomo’s planned $5.68 million cut to veterans’ services.

Gov. Cuomo’s 2020-2021 Executive Budget takes aim at initiatives that range from helping soldiers manage PTSD and mental health challenges, to enabling veterans to find job-training and successful careers, to improving access to VA services and quality healthcare.

“Our veterans and their families have sacrificed so much to serve and protect our great nation. They have more than earned our support – this is why I am fighting to restore $6 million in funding for veterans programs,” said Ashby, the ranking Republican member on the Assembly Committee on Veterans’ Affairs. “Every year the governor tries to chip away at funding for veterans – funding that provides mental health services and critical help with the transition to civilian life. We won’t let him get away with it. New York must restore its support and commitment to veterans now.”

The largest cut proposed is to the wildly successful, popular Joseph P. Dwyer Veteran Peer-to-Peer Program. The governor’s budget eliminates more than $4 million from the counseling program that allows veterans to connect with other men and women who have served in the Armed Forces and are facing challenges similar to their own.

“These programs are the life blood of our veterans’ support network. Gutting funding for them is a slap in the face to the men and women who have risked their lives to protect ours,” Hawley said. “This isn’t a game. I am calling on Andrew Cuomo to restore his proposed funding cuts and stop playing politics with the well-being of our veterans.”

Among some of the other veteran-related programs facing funding cuts are:

• Helmets-to-Hardhats: $200,000—Assists post-9/11 veterans’ transition into careers in the building trades.
• Clear Path for Veterans: $200,000—Serves as a key source for veterans in upstate New York to access resources and programs including professional skills and training development, peer and wingman services and K-9 therapy programs.
• NYS Defenders Association Veterans Defense Program: $500,000—Provides training, legal assistance and support to provide representation of veterans and service members involved in the criminal or family court systems.
• SAGE Veterans Project: $100,000—SAGE advocates and offers services that help lesbian, gay, bisexual and transgender older adults who are veterans of military service improve their access to the VA and other veteran services, as well as support their overall health and wellness.
• Legal Services of the Hudson Valley Veterans and Military Families Advocacy Project: $200,000—Provide assistance with applying for veterans benefits and representation before the Board of Veterans Appeals and in federal court, at no cost to veterans, when benefits are denied.

“The governor’s budget includes $178 billion in spending. In recent years, he’s fought to use your tax dollars to give illegal immigrants free healthcare, free college tuition and driver’s licenses," said Assemblyman Brian M. Kolb (Canandaigua). "He wants taxpayer-funded political campaigns. He continually finds public contracts for his biggest political donors. At the same time, his budget would cut funding for veterans’ services by millions and millions of dollars. It’s unconscionable, and he should be ashamed. I’m proud to join my colleagues in fighting to restore this funding. Our veterans represent the very best of us, and the very best is exactly what they deserve from their government when they come home.”

Assemblyman Mark Johns (Webster) said “Veterans have sacrificed everything – their lives, time with their families and friends, their personal and professional goals – in order to protect our freedoms. It is vital that we do everything we can to show our appreciation, and ensuring the future of programs like the Joseph P. Dwyer Veterans Peer Counseling Program is a great place to start. This program works. It is a proven life saver and its funding must be restored in this year’s budget."

“Why does the Governor always have to mess with the funding that our veterans hold dear?” asked Assemblyman Peter Lawrence (Greece). “Every year he finds it necessary to play political ping-pong with funding that is crucial to our veteran’s services. Services like the Dwyer Program should never be in jeopardy of being cut from the budget, and it seems like year in and year out the governor uses this funding as a political pawn during budget negotiations. I remain adamant about seeing it restored, and believe with continued pressure it will be included in the final budget.”

“Unfortunately, Gov. Cuomo’s planned cut to veterans’ services is not the first of its kind,” said Marjorie Byrnes (Caledonia). “For the past four years, the Dwyer Program, a peer-to-peer counseling service, has been nixed from his Executive Budget. The very people who fight for our freedom should never have to worry about losing services dear to them. As budget negotiations continue in the coming months, know that I will fight to see this funding restored and available for all counties.”

“It is an absolute travesty that the governor has, yet again, for the fourth year in a row, proposed a cut to funding for programs relating to veterans’ mental health,” said Assemblyman Brian Manktelow (Lyons). “I applaud Assemblyman Jake Ashby and Assemblyman Steve Hawley for taking charge with the 'Voices for Veterans' events to call for Gov. Cuomo to restore services immediately. I fully support this motion and hope to see the governor not only restore this back to the budget immediately but to increase the funding as well so all of our veterans are well taken care of.”

The Conference is also pushing to codify the expansion of the MERIT scholarship program for Gold Star Families by enacting it into law. After public outrage about the scholarship being threatened last year, the program was temporarily saved due to an executive order. Members of the Assembly Minority Conference are pushing for the scholarship to be properly passed by the Legislature and signed by the governor.

After more than a dozen years of effort by county officials, the aging bridge over the Tonawanda Creek at South Lyon Street may finally get replaced, perhaps sooner rather than later.

The project has been approved for a $498,400 federal grant.

Yesterday, the Public Service Committee recommended approval of a resolution authorizing the county to spend an additional $124,600 from the county's 1-percent share of sales tax and beginning the design phase of the project.

Highway Superintendent Tim Hens said under current terms of the grant, administered by the state, construction can't begin until 2023 but the county will push to accelerate the project.

"We are going to design it as quickly as we can and then we're going to press to have it funded in advance of (October 2022)," Hens said. "It depends on what money is available at state level and in the region. If projects get delayed or something comes in under budget, well, there is a possibility there might be money lying around that we could jump on."

Hens said he first submitted the project for Federal funding in 2006. The funds were awarded in 2007 but then the recession of 2008 meant a cut in spending. He resubmitted it in 2011 but Federal authorities determined that as a single-lane bridge, it didn't warrant saving.

"We argued that the traffic counts are higher than you think they are," Hens said. "We had the city, our city, the DPW, help us out on traffic counts. We had the traffic counts of around 2,500 cars a day at the peak."

The bridge is an important link for traffic between the bridges at Oak Street and at River Street, Hens said. 

In 2014, there were more cuts at the Federal level and it was pulled off the docket again. Hens resubmitted the project in 2017 and was denied funding.

The plan is now, with a grant awarded, to start the design phase immediately, because, Hens said, once money is spent on the project it is less likely to suffer another cut in spending.

"It's posted for five tons now," Hens said. "It's been in pretty rough shape. To make it go another three years might be pushing the limits from an engineering standpoint. It might get to the point where the posting drops enough where you can't get a car over it and it's closed."

The current bridge is Army surplus and was set in place in 1982 and a temporary fix for the old bridge it replaced.

The hope is to design a two-lane bridge. That's tough because the abutment of the current bridge is right under the pavement of South Main Street. Hens said the plan is also to design another truss bridge so that the character of the current bridge is maintained.

Top photo, Byron-Bergen Elementary School Council members and Assistant Principal Betsy Brown packing bags at the school for donating to CASA.

Submitted photos and press release:

Byron-Bergen Elementary School students pledged to fill 100 drawstring backpacks with toys and personal items for children being placed in foster care. They had two weeks to complete the project.

“I learned that there are a lot more kids that need help than I thought,” said Byron-Bergen Elementary School Student Council President Maryn Meier. “It’s pretty cool to be helping kids who are really in need.”

On Friday, Feb. 14th, the 100th day of school, the Byron-Bergen Elementary School Student Council delivered 143 bags and several packing boxes filled with additional items to the Genesee County Court Facility in Batavia.

They were met there by Genesee County Court Appointed Special Advocates (CASA) Board Chair Barbara Hale.

“It’s overwhelming,” Hale said. “It’s more than I could possibly have imagined.”

The spring community service project is an annual event at Byron-Bergen Elementary School, traditionally aligning with the 100th Day of School celebrations.

In the past they have raised money and collected items to benefit local non-profits, charity organizations, and, last year, the Genesee County Sheriff Department’s K-9 unit.

This year’s project was introduced by Ashley Greene, executive director of CASA.

“A child going into the foster care system is not a planned event and so, quite often, children do not have the opportunity to pack their own belongings, and might show up in a foster home with just the clothes they were wearing that day,” Greene said. “This certainly can be frightening and confusing at the time for them. And what you’ll be providing them is a bit of comfort and sense of belonging.”

Hale accepted the busload of bags and boxes on behalf of CASA.

“I just know that our children are going to be so happy to get something like this from the Byron-Bergen students,” Hale said.

Below, Byron-Bergen Elementary School officers, from left, Maryn Meier, Emma Matthews, Grace Mundell and Rena Wilson.

A man who threatened a police officer with a BB gun is doing well in drug treatment, according to reports given to Judge Charles Zambito, but that wasn't enough to keep him out of jail for eight months.

Brandon Fogg, 32, pulled out what looked like a handgun while wrestling with a police officer at a location on Cedar Street one night in early June and a citizen intervened and stepped on Fogg's hand.

That intervention may have saved Fogg's life.

A week later, he entered a guilty plea to menacing and since then has been through treatment at Bradford and Atwater and is currently in an outpatient house run by GCASA.

His attorney, Jamie Welch, argued for an intermittent jail sentence given Fogg's success and the potential for disrupting that success with a continuous jail term.

Fogg told Zambito that he's been eight months clean. He thanks Zambito for the chance to go through treatment and giving him his life back.

"Being sober, next to my children, is the most important thing in my life," Fogg said. "I've done everything you've asked of me and I believe I've done well. I stand here another man ready to accept whatever you decide."

Zambito said considering the seriousness of the offense, a jail term that served as a sanction was necessary.

"You mentioned you wanted to commit suicide by cop," Zambito said. "You're lucky that didn't happen because it certainly seems like the officer would have been justified. Even though it was a toy gun you pulled on an officer, only the intervention of a bystander saved you."

Zambito said he didn't believe eight months in jail would disrupt Fogg's path of sobriety.

Submitted photo and press release:

Genesee County Sheriff William A. Sheron, Jr. is pleased to announce that K9 Frankie has received a bullet and stab protective vest thanks to a charitable donation from non-profit organization Vested Interest in K9s, Inc. and private citizen donors. The vest was embroidered with the sentiment “In memory of GS-29”.

Vested Interest in K9s, Inc. is a 501c(3) charity located in East Taunton, MA whose mission is to provide bullet and stab protective vests and other assistance to dogs of law enforcement and related agencies throughout the United States. The non-profit was established in 2009 to assist law enforcement agencies with this potentially lifesaving body armor for their four-legged K9 officers. Since its inception, Vested Interest in K9s, Inc. provided over 3,500 U.S. made, custom fitted, NIJ-certified protective vests in 50 states, through private and corporate donations, at a value of $6.9 million dollars.

The program is open to dogs actively employed in the U.S. with law enforcement or related agencies who are certified and at least 20 months of age.New K9 graduates, as well as K9s with expired vests, are eligible to participate.

The donation to provide one protective vest for a law enforcement K9 is $950. Each vest has a value between $1,744 – $2,283, and a five-year warranty and an average weight of 4-5 lbs. There is an estimated 30,000 law enforcement K9s throughout the United States. For more information or to learn about volunteer opportunities, please call 508-824-6978. Vested Interest in K9s, Inc. provides information, lists events, and accepts tax-deductible donations of any denomination atwww.vik9s.orgor mailed to P.O. Box 9 East Taunton, MA 02718.

Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.