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Driver accused in fatal hit-and-run reportedly tried to talk deputy into letting her go during earlier DWI stop

By Howard B. Owens

Jennifer Serrano told a deputy she was looking for a girlfriend's house in Darien and was lost after nearly hitting the deputy's car on Route 77 in the early morning of Aug. 11.

The 48-year-old Serrano has been accused of hitting and killing Connor Lynskey, 18, of Hinckley, on Sumner Road about 25 minutes before her encounter with Deputy Robert C. Henning. The encounter led to her arrest on a drunken driving charge but she never revealed to Henning or any of the court or jail officials she met that morning that she may have been involved in a hit-and-run accident.

Lynskey had been reported missing by the time of her arrest but his body wouldn't be found until 11:30 in the morning. A day after his death was reported, Sheriff's Officers investigators developed leads and identified Serrano as the suspected driver of the hit-and-run vehicle. She was located at her sister's house in Amherst. Deputies also seized the vehicle they believe she was driving at the time of the accident about 12:30 a.m. and her subsequent arrest for DWI at 12:55 a.m.

After the near collision on Route 77, Henning flipped on the emergency lights of his patrol vehicle and initiated a traffic stop. In his report of the incident, he said he could detect a strong odor of alcohol and that Serrano's eyes were glassy, according to a report he wrote and attached to the arresting document on file with the Genesee County Court.

The Batavian requested the document after District Attorney Lawrence Friedman discussed it during Serrano's last court appearance Sept.12. Judge Charles Zambito granted the request at a hearing, where neither Serrano nor her attorneys appeared to object to the document's release, this past Thursday.

According to Henning's report, Serrano failed multiple parts of a field sobriety test but her demeanor even before the test began indicated she may have been intoxicated, according to the report.

"Jennifer was swaying back and forth and leaned into the tire on the back of the vehicle multiple times to keep her balance while I was talking to her," Henning wrote. "Jennifer was also fidgeting while speaking with me. She was constantly moving her hands and rubbing them together."

Henning attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

During the field sobriety tests, Henning reported Serrano swayed back and forth and had a hard time keeping her head still.

At one time during the test, Serrano reportedly said, "Am I moving my head? I can't even tell."

She wasn't able to complete a balance test without hold her hands out and she couldn't successfully walk heel-to-toe, according to Henning's report.

After the walk and turn, she reportedly told Henning, "I failed."

The report also reveals there was a passenger in Serrano's vehicle, though the person isn't named and if police obtained a witness statement from the passenger, it's not included in the court file.

Serrano said she drove from Silver Lake to Darien Lake to pick up her passenger after the Jason Aldean concert, according to statements Serrano reportedly made to Henning.

When Henning asked Serrano about consuming alcohol that night, Serrano reportedly said, "I had some earlier."

"What's some?" Henning asked.

The report says Serrano then said, "Umm, I didn't have any."

After informing Serrano he would conduct some tests, Serrano reportedly told Henning, "Well, listen, can you just let me hang here? You just let me hang here. You just all did your thing. You walked around. Could you just call my cousin, like talk to my cousin and just let me know."

Later she reportedly said, "My girlfriend's house is on this street. I pulled into the wrong driveway. I pulled out in front of you. Could you just do a solid, you know, like I promise you. Can we call my, you call my cousin and we follow you, and you follow me."

While trying to convince Serrano to submitted to a breath test, he told her, "It's another ticket if you refuse," and Serrano reportedly told Henning, "It's not another ticket if I refuse. "It's, it's, I'm doomed."

When Henning informed her she was under arrest, Serrano reportedly said, "Really? I've been kind to you. Oh, my God."

Later, after Serrano said she really didn't understand what was going on, Henning said he told her, " I believe that you are intoxicated to the point where you should not be driving a motor vehicle, OK? So I arrested you for that. Now you admitted to drinking. I don't know what. I don't know how much but that's basically what the field tests and the Datamaster can prove it."

Serrano said, "I don't understand how this is going to work out for me, like, you keep saying, 'it's going to be OK.' "

"It will," said Henning, who at the time didn't know about Lynskey. "It's not the end of the world. Look, the end of the world could have been that you got in a head-on collision tonight and either hurt yourself, hurt the passenger, or hurt someone else." 

All Serrano reportedly had to say at that point was, "I just pulled out of a driveway in front of you. I was looking for my girlfriend's house."

Lynskey, a promising medical student, according to his family, had attended the Jason Aldean concert with friends and family. They were all camping at Darien Lakes State Park. Lynskey was walking with members of his group when he decided to run ahead on Sumner Road and catch up with a friend. That was the last time anybody saw him alive.

Batavia woman accused of failing to care for dog was a no-show in court today, and so was her attorney

By Billie Owens

The Pearl Street Road woman accused of failing to provide proper food and care for her 3-year-old Labrador retriever mixed breed named Maya was a no-show in Town of Batavia Court today, along with her attorney Michael Ranzenhofer.

The case of Becky L. Frens, who is about 56 years old, was on this morning's court docket for 10:30 and nearly two hours later Judge Michael Cleveland called her name and got no response from the gallery. The court clerk said earlier that the court had not heard from Frens or Ranzenhofer, nor had they appeared in court today.

Cleveland said Ranzenhofer had asked him for a second postponement in the case -- it had been delayed once on Aug. 27 until today -- but he denied the request, saying the reasoning for another postponement was not specific enough. Cleveland did not say when Ranzenhofer made the request, but he made it clear he had not heard from Ranzenhofer or Frens today and that they were due in court.

Next time, bench warrants

First Assistant District Attorney Melissa Cianfrini said she would not ask for a bench warrant to be issued for either the client or attorney in this case, although she could, because she is giving Ranzenhofer the benefit of the doubt. Since he was not present, perhaps there was a miscommunication, she said. But if it happens next time, a bench warrant(s) will be sought.

The people are ready for trial, Cianfrini said.

Cleveland set the matter on the docket for 10 a.m. on Monday, Oct. 22, for either adjudication or to set a trial date, one or the other.

Frens was arrested on July 10 by troopers from the Batavia Barracks of the State Police after she went to the Genesee County Animal Shelter to retrieve her dog.

The day or so before Maya had gotten out and somehow managed to walk many, many yards on sore paws -- with nails so overgrown they were chewing into the pads -- down the Frens' gravelled driveway to the edge of the Pearl Street Road pavement. It was there that neighbors across the street saw the dog and coaxed it into their yard, where they gave it cat food and balogna and whatever nutrition they could round up. Emaciated, Maya scarfed it all down along with three bottles of water.

Then the neighbors called the law.

Frens is charged with overdriving, torturing and injuring an animal; and failure to provide proper sustenance under the state Agriculture & Markets law, Article 26, Section 353, which is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Update on Maya

Meanwhile, Maya had a big day today.

According to Volunteers for Animals' Lynette Celedonia, who aided Maya from day one, she was to be spayed today and the last knots of scar tissue from infection due to demodectic mange was to be surgically removed from her back and shoulder area.

Since July, Maya has made amazing progress, Celedonia said. Gina Lippa, also with Volunteers for Animals, agreed. They came to court today to hear the Frens' case and afterward were happy to report how well Maya is doing.

"Her coat has grown in and thickened up and she's put on weight; her hip bones and ribs are no longer showing," Celedonia said. "Her infections have cleared up. And her muscles are stronger from playing and running -- which in her case is more like hopping -- and she's been adopted by the best family possible."

A public health nurse and her husband adopted Maya and share their home with her and two other doggie companions, plus avian and feline companions.

Celedonia has a recent picture on her phone of Maya, snoozing on big comfy sofa, taken after an afternoon of romping around in her new yard, plumb tuckered out and looking like a different, healthier dog.

City fire hydrant flushing Wednesday and Thursday: south of Main, west of Jackson

By Billie Owens

Press release:

The City of Batavia Fire Department will flushing hydrants on Wednesday, Sept. 26, and Thursday, Sept. 27, from approximately 9 a.m. to 3 p.m. in the areas south of Main Street and west of Jackson Street.

Homes and businesses will be affected. These tests may result in a temporary discoloration of water in the area. Please do not attempt to wash any clothing if your water appears discolored. If you experience a discoloration of you water, run cold water for about five minutes or until clear.

Law and Order: Watson Street, Batavia, woman charged with felony driving while ability impaired by drugs, has two prior convictions

By Billie Owens

Brenda Yvette Colon-Cruz, 45, of Watson Street, Batavia, is charged with: driving while ability impaired by drugs, as a felony, with two prior convictions within the last 10 years; holding more than one driver's license; and operating an unregistered motor vehicle on a highway. On Sept. 13 at 4:06 a.m., she was arrested following a complaint in the area of Lake Street Road in the Town of Le Roy. She was arraigned then released under supervision of Genesee Justice. She was due back in Le Roy Town Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Charles Kibicho Kairu, 37, of South Valley Lane, Springfield, Mo., was arrested at 6:25 p.m. on Sept. 22 on Main Road in Pembroke following a traffic stop. He allegedly operated a commercial vehicle while intoxicated. He is charged with: unregistered motor vehicle; aggravated unlicensed operation of a motor vehicle in the first degree; DWI -- first offense; aggravated DWI -- having a BAC of .18 percent or more; drinking alcohol in a motor vehicle; and operating with brakes out of service. Kairu was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash or $20,000 bond. He is due back in Town of Pembroke Court on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.

Nicholas F. Kerwin, 18, of Route 77, North Java, is charged with third-degree criminal mischief and fifth-degree conspiracy. Following a property damage complaint of damage to a motor vehicle on Molasses Hill Road in Alexander at 1:30 a.m. on June 10, Kerwin was arrested and released on an appearance ticket. He is due back in Town of Alexander Court on Oct. 9. He allegedly caused damage to the vehicle in excess of $250. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Parker.

Three youths were arrested by the Le Roy Police Department in connection with a nighttime residential burglary in the village on Sept. 10. It was reported by the homeowner that unknown an unknown or persons entered the residence during the late night or early morning hours and stole multiple packs of cigarettes while the resident was sleeping. A follow-up investigation allegedly determined three youths ages 16, 13 and 12 were involved and some of the cigarettes were recovered as evidence. The 16-year-old, who was already on a court-ordered, 24-hour curfew due to unrelated prior criminal conduct, was charged in Le Roy Town Court with one count each of second-degree burglary, a Class C felony, and petit larceny, a Class A misdemeanor. The 16-year-old was jailed and an undisclosed amount of bail was set. The two younger suspects were "petitioned to the Genesee County Youth Court."

Kevin M. Fossum, 52, of Batavia, was arrested by State Police from the Warsaw barracks on Sept. 15 and charged with driving while ability impaired and unlawful possession of marijuana. During a traffic stop on Route 246 in the Village of Perry, troopers detected an odor of marijuana coming from Fossum while being interviwed. Field sobriety tests were issued and he was taken to Warsaw for processing, then issued an appearance ticket for Village of Perry Court at a later date. He was released to a sober third party.

Local law enforcement officers complete Crisis Intervention Training

By Billie Owens

Submitted photo and press release from the Genesee County Sheriff's Office:

Early this year, Genesee County was selected to be the recipient of technical assistance and funding to develop a Crisis Intervention Team (CIT) program with resources made available through the NYS Senate and allocated to the NYS Office of Mental Health.

The Office of Mental Health (OMH), Division of Forensic Services, is managing the crisis intervention services initiative.

Crisis Intervention Team (CIT) training is a program that has been developed to help police officers in situations involving individuals with mental illness. The concept of CIT began in Memphis, Tenn., in 1988, and has become nationally known as the “Memphis Model” of pre-arrest jail diversion for those in a mental health crisis. 

A Crisis Intervention Team is a group of experienced police officers who volunteer to receive an additional, one-week training in mental health-related issues.

Last week, local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices participated in training.

The training will prepare officers so that when they are the first responders to an incident, they have the knowledge, skills and support to de-escalate situations and divert individuals from the criminal and juvenile justice systems, when it’s appropriate to do so.

Among the goals of CIT programs are to reduce the number of arrests of individuals with mental illness, refer them to treatment facilities or other support services, and eliminate adverse incidents between law enforcement and those with mental illness. CIT programs involve ongoing collaboration and partnerships between, and among, law enforcement, the mental health system, and consumer and advocacy groups.

Photo: Local law enforcement officers from the Genesee and Wyoming County sheriff's offices, the City of Batavia Police Department, Village of Le Roy Police Department, Village of Attica Police Department, and Genesee and Wyoming county probation offices who participated in CIT training.

Photos: Scottish Heritage Festival at First Presbyterian

By Howard B. Owens

The First Presbyterian Church in Batavia celebrated its 209th anniversary today by hosting a Scottish Heritage Festival. The festival featured food, ancient highlander games and toys, bagpipes (Carol Romanowski, top photo), and a lecture on Protestant churches in Batavia by Genesee County Historian Michael Eula, Ph.D. (second picture with Mike Stuart). 

Bottom photo: Ludia Gundel, age 7.

Photos: Walk to End Alzheimer's

By Howard B. Owens

The Alzheimer’s Association, WNY Chapter, sponsored today's Walk to End Alzheimers in Batavia. The route started and ended at Premier Genesee Rehabilitation and Nursing Center on Bank Street. Hundreds of people turned out, though this morning organizers did not have an exact count of participants.

Weathered church in East Pembroke getting exterior restoration

By Howard B. Owens

For decades, the former Presbyterian church in East Pembroke has looked weathered and beaten and neglected but owner Wes Winters had decided it's time to restore the exterior.

So far he's removed the old siding, painted the trim and the bell tower and installed some windows. This week he will start installing new clapboards (wood, not vinyl). 

He described the project as "weatherizing."

"It was pretty sad," Winters said. "We needed a new roof on the tower and the clapboards had long since seen their paint go away. It was just time."

His father bought the building in the 1970s and converted the basement into two apartments and divided the sanctuary into two floors as storage for his construction business.  

His son David is assisting with the restoration project.

The sanctuary was built in about 1854 and the bell tower was added in 1857.

The original bell -- cast in the 1870s in Troy -- still hands in the tower. The last time it was rung was just a few weeks ago. A friend of his son's got married nearby in East Pembroke. At the start of the service, Winters' son texted him and he rang the bell five times and then when the couple was pronounced husband and wife, he rang it again five times.

The stained glass was apparently removed when the congregation left the church.

Winters doesn't have immediate plans for the sanctuary but said it might be appropriate for apartments or retail.

"We're not going to sell it," he said, adding that the building will stay in the family.

This is a commemorative plate found in the church building. The inscription on the back says the church was built for $3,200. Rev. D.C. Houghton was the first pastor. A tornado Sept. 30, 1921, tore off the spire and it was replaced by a dome. The Baptists and Presbyterians of East Pembroke merged in 1962 and formed the East Pembroke Federated Church. Photo submitted by David Winters.

Le Roy PD find cat in duct-taped bin, seek public's help in finding suspect and/or owner

By Billie Owens

Photos and information from the Le Roy Police Department:

The Le Roy Police Department is currently investigating a case of animal cruelty. Early this morning (Sept. 22) patrols located a cat enclosed in a plastic bin. The cat was inside the bin and the lid was duct-taped closed; there were no holes cut in the lid or anyway for air to enter the bin.

The cat appears to be in good health and is being cared for at this time.

The cat is an unneutered male tiger cat and appears to be well fed and taken care of (pictures posted below). 

We are asking for the public’s assistance with any information that could lead to a possible suspect or suspects as well as locating the owner of the cat. 

The Le Roy Police Department takes Animal Cruelty seriously and appreciates the public’s assistance in this matter. 

If you have any information, please contact the Le Roy Police Department at (585) 345 6350.

Fans flocked to Batavia Downs on Friday to see Foiled Again on his Farewell Tour

By Billie Owens

Foiled Again, the richest Standardbred of all time, with driver Jim Morrill Jr. and a fan at Batavia Downs Friday night; photo courtesy of Kevin Oklobzija.

By Tim Bojarski, for Batavia Downs

It was a dark and stormy night in Genesee County as storms blew through the area on Friday night (Sept. 21). But that didn’t deter the multitude of fans of Foiled Again from turning out to witness the richest Standardbred of all time compete at Batavia Downs one last time. 

Prior to the eighth race, everyone in attendance gathered at the fence in anticipation of seeing one of the greatest pacers in the history of the sport.

Foiled Again was in a $10,000 Open II pace that saw him start from post seven and get away fifth, where he would stay until the race approached the three-quarter pole. That's where driver Jim Morrill Jr. pulled him and tried to advance toward the leader. Although Foiled Again raced gamely pacing homes in :28.2 over an off-track, he came up two-lengths short of the win, finishing fourth in 1:53.4. 

After the race, Foiled Again was brought back to the winner’s circle where he stood like a rock star with his caretaker Jordan Miller and his driver Jim Morrill Jr. to greet the hundreds of racing enthusiasts who ran down from all points of the grandstand and clubhouse to see him up close and take his picture. There is no doubt that Facebook accounts all over Western New York will be rife with images of Foiled Again for the foreseeable future. 

Batavia Downs Gaming is very appreciative of Burke Racing, the Weaver Bruscemi partnership, the JJK Stables and trainer Ron Burke for including it as a stop on the Foiled Again Farewell Tour.

Leach scores four TDs to lead Batavia to win in Windsor

By Howard B. Owens


The Batavia Blue Devils continued their dominance of opponents this season, this time with a 41-26 win over Windsor.

Ray Leach ran for 230 yards and three touchdowns on 18 carries and added 97 more yards and a TD on four receptions, for 327 all-purpose yards.

Ethan Biscaro was 10-11 passing for 140 yards and two TDs.

Taiyo Iburi-Bethel had a 71-yard touchdown run.

Josh Barber had nine tackles, including a sack. Alex Rood and Ethan Biscaro each had eight tackles and a sack and Biscaro added an interception.

Also on Friday night, Alexander beat Bolivar-Richburg 52-0 and Pembroke lost to Perry/Mt. Morris 30-8.

UPDATE Saturday, Sept.22: Officials corrected the stats for Ethan Biscaro; the story originally stated he had a perfect 10-10 passing. The figure was revised today to 10-11.

Photos by Steve Ognibene.

Accident reported on West Main Street Road, Batavia

By Howard B. Owens

A two-car accident, unknown injuries but it is blocking, is reported in the area of 3080 W. Main Street Road, Batavia.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:49 a.m.: No injuries. There's a bit of debris in the roadway.

UPDATE 12:12 p.m.: One person being transported to UMMC for evaluation.

McMurray responds to Collins' 'desperate' TV campaign ads

By Billie Owens

Press release:

Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, today responded to the launch of Chris Collins’ so-called campaign comprised solely of TV attack ads:

“Right out of the gate, Chris Collins’ so-called campaign has nothing to do with Chris Collins. There’s a reason: there’s nothing to brag about while their guy is out on bail. This ad is desperate, it’s untruthful, and no one’s going to fall for it. I can’t believe they thought it was a good idea to start with this.

“I won’t shy away from the fact that I speak a foreign language, that I’ve been on the front lines of the trade war that’s redefining our economy, and that I’ve been fighting FOR American workers. Do you think I’d have the support of the local and national labor community if I was going to ship jobs to Asia? Of course not.

“I’ll use every experience I’ve got to fight for this district. No can play me in Warsaw or Washington, Beijing or Batavia.

“If this is the best they’ve got, bring it."

In 2003, Nate was awarded a Fulbright Scholarship to study the development of democracy in the Constitutional Court of Korea. He worked to represent U.S. farmers and U.S. manufacturers ensuring that they had an opportunity to feature their products in Korean stories, helping create jobs back here at home.

About Nate McMurray

Nate McMurray is a native of North Tonawanda. He’s a family man, an Eagle Scout. He is also one of seven children raised by his widowed mother when his father died of cancer at the age of 39. Nate worked his way through community college, earned a bachelor’s degree at SUNY-Buffalo, then went on to law school and a successful career in business.

For the last two years, he’s served as town supervisor of Grand Island, a conservative community in Western New York, where he has been instrumental in bringing fiscal responsibility to local government and millions of dollars in new business investment to the town. For more on Nate McMurray and his campaign for Congress in NY-27, visit www.votemcmurray.com.

City fire department will hold free car seat check at headquarters on Saturday, Sept. 29

By Billie Owens

Press release:

The City of Batavia Fire Department today announced it will be participating in National Child Passenger Safety Week (Sept. 23-29).

The Department will be conducting a “Free Car Seat Check” event on Saturday, Sept. 29, at its Headquarters at 18 Evans St. Certified child passenger safety technicians will be on hand from 10 a.m. to 2 p.m. to check car seats for proper installation, and educate parents and caregivers on how to choose the right car seat for their family, and install them properly in their vehicles.

Each year in New York almost 3,000 kids up to the age of 13 are treated at hospitals for injuries from a motor vehicle crash. Motor-vehicle crashes are the leading cause of injury/death for children 1 through 12 years old. Most 'tweens (8-12 years old) seriously injured or killed in crashes were not wearing seat belts or wearing them correctly. 'Tweens are also more likely to get hurt in crashes when riding in the front seat.

Remember, the safest place for a child under the age of 13 is in the back seat properly restrained. Many death and injuries could be prevented if children were properly restrained in an appropriate child restraint.

Many Parents and guardians assume they know how to choose and use the correct child seat for their children, but sadly these restraints are frequently used incorrectly. In fact, three out of every four children are riding at an increased risk of injury because their car seats are not being used correctly.

The “Know for Sure if Your Child is in the Right Car Seatcampaign was developed by the National Highway Safety Administration and the National Ad Council to make sure all parents and caregivers properly secure their children in the best car restraint for their age and size and use these devices properly. This campaign is being promoted by the NYS Governors Traffic Safety Committee.

The City of Batavia Fire Department urges parents to follow National Highway Safety Administrations car seat recommendation that parents and caregivers keep children in their car seat for as long as possible according to manufacturer instructions before moving them up to the next type. For maximum safety, a parent or caregiver should have the car seat installation inspected by a Certified Safety Technician to ensure their kids are riding as safely as possible.

The City of Batavia Fire Department’s Car Seat Technicians are available 7 days a week by calling Fire Headquarters at (585) 345-6375 to schedule an appointment. 

Local leaders meet, hash out issues with plan to share sales tax revenue

By Howard B. Owens

It was pretty clear at a gathering of local leaders at County Building #2 on Thursday night that few elected officials in Genesee County's towns and villages are happy with the county's plan for how it will share sales tax revenue.

It was also clear that the county has few options.

The current plan is for the county to cap the amount of sales tax revenue it annually sends to towns at villages at 2018 levels for 40 years.  

Sales tax revenue has been a significant portion of revenue for local jurisdictions -- it's 51 percent of the Town of Le Roy's revenue, for example -- enabling local officials to hold down property taxes.

Now those officials fear the economic impact of seeing sales tax revenue shrink relative to rising costs and what it will mean for property owners in their jurisdictions.

"This agreement is a burden on the towns and villages," said Michael Plitt from the Town of Darien. "It will mean towns have to impose higher property taxes or cut services."

From the county's perspective -- as shared by Bob Bausch (top photo), chair of the County Legislature -- the county has few alternatives.

  • The state is forcing the county to build a new jail, which will cost local taxpayers $50 million, or more, plus interest, over 40 years;
  • The state is imposing new requirements, called "Raise the Age," for how criminal defendants ages 16 and 17, are handled by law enforcement, the courts, and corrections, which will cost the county $2 million to $3 million a year -- a cost the state says it will reimburse the county for but only if the county stays under the property tax cap;
  • The county is facing $75 million in expense to replace aging bridges and culverts.

The county's proposal for sharing sales tax revenue capped at the 2018 rate is an explicit attempt to keep more sales tax to help pay for the new jail.

Bausch pointed out that 80 percent of every property tax dollar collected locally goes to cover state-mandated expenses. Legislator Andrew Young added that the county has only two revenue streams -- property tax and sales tax; and with property tax, the levy is capped so the county doesn't have the option to raise property tax to pay for the jail, that leaves sales tax as the only option.

Young also pointed out that Genesee County is the most generous county in the state for sales tax with towns and villages. Maybe if its share was more in the middle of the pack over the past 10 years, the county wouldn't be in the situation it's in now.

One of the chief objections to the plan for town and village leaders is that the agreement would last 40 years.

Rob LaPoint, deputy supervisor in the Town of Pavilion, calculated inflation going back to 1977 and pointed out that a dollar 40 years ago is worth 25 cents now, at that rate, the county will gain $625 million over 40 years.

"You could build 10 jails for that," LaPoint said.

Both Bausch and Young indicated the county is willing to adjust the 40-year time frame. Young said he favors 15 years.

"If it is a 15-year agreement in place, I know I won't be around, at least I hope not," Young said. "The Legislature in 15 years might decide to take more money."

The county isn't obligated under state law to share any sales tax revenue with the towns and villages. Bausch pointed out that the county could make the amount to share an annual budget decision.

Bausch said without an agreement, he couldn't obligate future legislatures to any particular amount of revenue share.

Some in the audience expressed concern that the City is getting a better deal than the towns and villages. While the amount of new sales tax revenue that will flow to the City will be restricted under its agreement with the county, it is not capped.

The City has more leverage because it can legally override the county sales tax and impose its own sales tax, something the villages and towns can't do.

However, Steve Barbeau pointed out that the City doesn't have that much leverage because most of the sales tax in the county is generated by businesses outside of City limits. 

Legislator Marianne Clattenberg said the City has much higher expenses than the towns and villages. It has its own police department and fire department but it is also the site of most of the tax-exempt property in the county, including the jail, the courthouse, the Old Courthouse, and County Building #1, yet the city must protect those buildings with its police and fire departments and plow the roads that lead to them without collecting the property tax to pay for those services.

David Hagelberger, supervisor for the Town of Darien, wanted to know why the county didn't deal with the jail issue sooner. Bausch said the county wasn't was aware of the looming issues with the jail, but that while it owned the County Nursing home, losing $2 million to $3 million, it really didn't have the ability to deal with the jail or roads and bridges.

While Hagelberger shared many of the same concerns about the length and nature of the agreement and burden it will create for local jurisdictions he also said, "the jail is really all of our problems" and that one way or another everybody in the county was going to have to help pay for it.

Also unique to Genesee County in New York is the county's responsibility for all of the roads and bridges in the towns and villages, which ends up being a cost savings for local jurisdictions, something Carol Glor, supervisor for the Town of Oakfield, said she appreciated.

"We just got two new bridges in Oakfield that are worth well over $2 million," Glor said. "There is no way we could have taken on that expense in our budget."

Genesee Tourism: falling for fall - your guide to all things autumn

By Genesee County Chamber of Commerce & Visitor Center

The leaves explode with color to mark the start of fall. It’s the season for apples, pumpkin-carving, graveyard walks and ghost hunts. The slight chill in the wind is refreshing, the smell of autumn is in the air.

It’s the perfect time to get outside and enjoy all your favorite fall-related activities. From farm-fresh goodies to spooky surprises, we’ve rounded up a few of the best ways to celebrate the season, right here in Genesee County.

Ongoing Events & Activities

Roanoke Apple Farm
Let’s kick things off with a quintessential fall favorite -- apples! This year, Roanoke’s farm stand is serving up five different varieties of apple – Jonamac, Ginger Gold, Autumn Crisp, Gala, and Paula Red. Stop by with an empty belly, because apples aren’t all they offer. This apple farm in Stafford is also the place to grab apple cider, cider slushies, cider donuts, muffins and more.

Downtown Batavia Public Market
Stock up on delicious produce from local farmers! Open Tuesdays, Thursdays and Fridays through Oct. 26, the Downtown Batavia Public Market is farm-fresh and full of fun. Browse through a selection of fruits, veggies, meats, flowers, maple syrup, wine, crafts… even treats for your favorite pup! There are only a few weeks left, so don’t miss out.

Fright Fest at Darien Lake Theme Park
Fright Fest is back! By day, families can enjoy trick or treating throughout the park, along with other kid-friendly activities. By night, the park transforms into a terror zone. Zombies roam the paths, turning this theme park into a scream park. Everywhere you step you’ll find new scares, haunted houses, mazes, and a “Spooktacular” laser light show. The fun and fright runs every weekend through the end of October. Check the calendar – times vary by day.

Ghost Hunts at Rolling Hills Asylum
History and hauntings go hand in hand here in Genesee County. At least, they do at Rolling Hills Asylum, considered the second most haunted site in the United States by Haunted North America. This place is not your typical haunted attraction. The spirits here are real, documented, and often cause the inexplicable to happen. If you’re brave enough to explore, public ghost hunts are happening now through October – and beyond! Rolling Hills is open year-round for the para-curious.

September Events

National Alpaca Farm Days
(9/29 – 9/30)
The last weekend in September marks National Alpaca Farm Days! There are five farms in Genesee County who are home to these fuzzy friends: Alpaca Delights, Alpaca Mercantile, Alpaca Play Pen, Enchanted Alpaca Forest, Northwoods Alpacas, and Triple B’s Alpaca Farm. Call to see if one near you is participating in Alpaca Farm Days – or schedule a private visit any time of year to experience alpacas up-close, feel their fleece, tour the farms, catch demonstrations on alpaca grooming and care, and even take home a soft souvenir.

October Events

Fifth Annual Fall for Le Roy
(10/6)
Fall for Le Roy is a hometown event celebrating the autumn season! Support small businesses and local merchants, catch demonstrations and open houses, or join in on an array of games – both for adults and for the kids. You’ll find special menus and drinks at the local restaurants, and endless amounts of fun in every direction. 

Downtown Batavia Wine Walk
(10/6)
New York State Wine, with a Hollywood twist. Need we say more? Take on the style of your favorite movie character, then taste your way through more than 20 local varieties of wine stationed at businesses across Downtown Batavia. As you wander from stop to stop, keep an eye out for creative and classy costumes – Best Dressed goes home with a prize. You’ll also have the chance to vote on “Best Place to Taste” for those businesses going above and beyond, participate in photo booth fun, and more.

Fall Foliage Train Excursion
(10/13, 10/17, 10/20, 10/21)
The best way to see fall foliage, might just be from a train. As the colors begin to pop, embark on a two-hour round-trip train ride with the Medina Railroad Museum. You’ll ride through wooded scenery and along the Erie Canal to see picturesque fall foliage, vibrant colors, and the beauty of Upstate New York. Lunch is available on the train for hungry passengers – or just sit back and enjoy the ride.

Halloween DIY Fairy Garden
(10/17)
Fairies are known to bring good luck with them wherever they roam. And the best way to welcome them to your home is by creating your very own Fairy Garden – a place built and tended with constant love and care. In the spirit of the Halloween season, join in on this Fairy Garden DIY class from 5 to 6 p.m. on Oct. 17 at Pudgie's Lawn & Garden Center in Batavia. Get creative with succulents, decorative stones and items, natural elements and colored sand. You’ll also have the choice of a fairy or gnome to add to your creation to make it complete! Cost for class is $20.

Westside Ghostwalk
(10/19)
Murder, hangings, grave robbers, ghosts, and other eerie happenings plague Batavia’s past. Take a walk on the west side, and you’ll learn it all, and the culprits behind these mischievous and murderous moments. This Halloween season join the Holland Land Office Museum for this dark tour of discovery and intrigue on Oct. 19.

Candlelight Ghost Walk of Historic Batavia Cemetery
(10/20)
Meet the notable men and women of Batavia – long after they’ve passed into the afterlife. At this Candlelight Ghost Walk, you’ll make your way through the Historic Batavia Cemetery, meeting costumed interpreters who are truly bringing the past to life. Encounter people like Philmon Travel, one of the few Confederate officers buried in the north, Joseph Ellicott, a man of great power and great flaws, and William Morgan, a man who disappeared and was allegedly murdered before he could reveal the secrets of the Masons. Learn the history of the area like you’ve never seen it before. Tours run every 15 minutes. Cost is $10 and proceeds help maintain the cemetery. Reservations are required.

For more fun fall activities right in your backyard, head over to www.visitgeneseeny.com

Photo: Sun rising behind flag in Pavilion

By Howard B. Owens

Deputy Corey Mower, resource officer for Pavilion Central Schools, shared this early morning picture from the school of the sun rising behind the flagpole.

Police dealing with multiple disturbances on State Street

By Howard B. Owens

Earlier tonight a caller on State Street reported a disturbance involving a large group of people at State and Lewis with the suggestion "you better send anybody."

Multiple units from Batavia PD, the Sheriff's Office, and State Police responded.

There was no physical altercation though some officers have remained on scene as area residents have continued to mill about in their yards with several people gathered at 131 State St.

At 9:30 p.m., even with officers there, a caller reported to dispatch that there was another disturbance though officers could not confirm any other disturbances in the area.

Witnesses said the disturbance started with a group of youths and then the adults got involved.

That has been the pattern most of the week they said.

The first disturbance was after Friday night's football game.

Police have made no arrests and no injuries have been reported.

Pavilion Central School's Class of '73 to celebrate 45th reunion Sept. 29

By Billie Owens

Press release:

Pavilion Central School’s Class of 1973 will be celebrating their 45th Class reunion with an informal gathering starting at 6 p.m. Saturday, Sept. 29 at BW’s, (Davis’ Country Meadow), 11070 Perry Road, Pavilion.

BW’s management has graciously agreed to accommodate the reunion to the best of their ability, as there will be a wedding going on in the back, just in case you wish to stay for dinner, but three bartenders will be on staff, so it may be busy.

Although many members of the class have been contacted, we hope you will pass this along again, for those who may have been missed, or just as a reminder. Many are attending from out of state, so let us get caught up!

Any questions, please contact Phil Plossl @ phil@pavdrain.com , or Eileen Graney @ earamino@aol.com

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