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Anthony A. Leone, 50, of Jackson Avenue, Batavia, is charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, and criminally using drug paraphernalia in the second degree, a Class A misdemeanor. On Monday evening, Sept. 24, Genesee County Sheriff's deputies Kyle Krzemien and Howard Wilson responded to the area of BJ's Wholesale Club on Lewiston Road in Batavia following a report of a suspicious male in the area of the store. Following an investigation, Leone was allegedly found to possess a quantity of crack cocaine and drug paraphernalia. He was arraigned in Batavia Town Court and jailed without bail. The investigation is ongoing and additional charges are pending. The deputies were assisted by members of the GC Local Drug Task Force.

Falicia Noel Tuczai, 27, of East Bethany -- Le Roy Road, Stafford, is charged with second-degree harassment -- physical contact. She was arrested at 9:24 a.m. on Sept. 24 on Ellicott Street Road in Bethany. It is alleged that following a verbal argument, Tuczai bit a male victim, causing physical injury. She was released on an appearance ticket and is due in Bethany Town Court on Oct. 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Erion.

For the first time since 2007, the August unemployment rate for Genesee County is below 4 percent, hitting 3.5 percent this August.

The rate hasn't been that low or lower since 2000 when it was 3.4 percent in August.

Genesee County's unemployment rate hasn't been as low as 3.5 percent in any month since May 2001.

The rate in August 2017 was 4.2 percent.

The total labor force for Genesee County in August was 30,400 with 1,100 people out of work and actively looking for work.

In August 2001, there were 31,900 people in Genesee County in the labor force with 1,200 looking for work.

New York State's unemployment rate is 4.1 percent, down from 4.9 percent a year ago. The national unemployment rate is 3.9 percent, down from 4.5 percent a year ago.

Nationally, the economy has added jobs for 95 straight months.

A 35-year-old parolee from Rochester was charged robbery in the second degree after allegedly carjacking a sedan this morning and leading police on a chase through city streets that reached 65 mph.

The suspect, identified as Constantine D. Murrell, reportedly threatened a 76-year-old woman at the Kwik Fill at Jackson and Ellicott streets and took her car from her. 

The woman was not hurt but did call emergency dispatch immediately.

Officers Frank Klimjack and Kyle Krtanik spotted a vehicle matching the description of the stolen car on Liberty Street and used their patrol cars' emergency lights to signal for it to stop. The driver is accused of not stopping and instead fleeing at a high rate of speed.

The chase came to an end when the stolen vehicle struck another car at Redfield Parkway and Richmond Avenue, which cause it to careen into a tree and the recently installed sign at the entrance of VA Medical Center.

The car then caught on fire.

Batavia Fire Department responded to extinguish the fire and Murrell was taken into custody without further incident. 

He is also charged with unlawful fleeing a police officer, 3rd, and several traffic violations.

Police report that besides the damage to the car, the sign at the VA Center was significantly damaged.

No injuries were reported.

Murrell was ordered held without bail.

Assisting Batavia PD were State Police, the Sheriff's Office, the District Attorney's Office, City fire, and Public Works.

(Initial Report)

Nathaniel D. Wilson Jr. of Batavia appeared in Genesee County Court this morning for sentencing on a second-degree murder conviction.

Wilson, 31, was caught on police surveillance footage stabbing Terry Toote to death on Central Avenue in the city on May 17th.

Wilson previously accepted a plea deal in August on an Alford basis (meaning he didn't admit guilt but concedes a jury would likely find him guilty), thereby avoiding a potentially harsher sentence than he could have received if his case went to trial. 

The sentencing proceedings started with several denied requests to have reports and recommendations from Wilson’s past stricken from the record by defense attorney Frederick Rarick.

There were a number of Toote’s family members in the courtroom where District Attorney Lawrence Friedman invited several relatives to make presentence statements.

Toote’s cousins Michelle and Oliver Little said Terry “was all about family” and that he leaves behind an 18-year-old son and 5-year-old daughter.

Toote’s cousin Dwayne addressed Nathaniel directly saying “Nate come waltzing in here like you don’t care. You got to wake up.” Adding that “You took away from our family and you took away from your family. You’re not going to be there for your kids.”

The victim’s sister Tinisha was less reserved in her presentencing statement, loudly proclaiming to Wilson “Nate Wilson I hate you. You took my m***** f****** little brother.” Toote said “I want to jump over there and whup your ass.” Adding “Come in here smiling, s*** pisses me off.”

Wilson said before being sentenced that he never meant to kill that man and that he was sorry for what he had done.

Judge Charles Zambito detailed the incident caught on the police pole-cam and said Wilson made the choice to stab Terry Toote in the heart after he had already fallen to the ground during the altercation.

Zambito deemed Wilson a danger to the community and sentenced him to a minimum of 20 years in prison and a maximum of life.

Angela M. McIntyre, 46, of Vine Street, Batavia, is charged with: uninspected motor vehicle; driving while intoxicated -- impaired by drugs -- first offense; and criminal possession of a controlled substance (unspecified). McIntyre was arrested at 10:52 a.m. on Sept. 14 on East Main Street in Batavia following an investigation at Eastown Plaza. She was released to Genesee Justice and is due in City Court Sept. 27. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Kyle Krtanik.

Aaron L. Klein, 47, of Montclair Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 1:12 p.m. on Sept. 19 for violating a stay-away order of protection. Klein was allegedly caught hiding in the protected party's house within hours of being served with the stay-away order. He was jailed on $5,000 bail or $10,000 bond. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Frank Klimjack.

Jeremiah T. Jones, 45, of Ross Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 1:40 p.m. on Sept. 17 on West Main Street, Batavia, after he violated a stay-away order of protection. He was issued an appearance ticket and is due in city court on Oct. 2. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

A 17-year-old who lives on Liberty Street in Batavia was arrested at 8:05 p.m. on Sept. 17 following a disturbance on Ross Street in the city wherein the youth is accused of punching another person in the face. The defendant was due in city court this afternoon to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay.

Jeremy C. Goodell, 44, of Washington Avenue, Batavia, was arrested Sept. 21 on a bench warrant for failure to appear in city court. He had been charged with third-degree criminal mischief stemming from an incident that occurred at 444 W. Main St., Batavia. Following his arraignment, he was jailed in lieu of $2,500 cash or $5,000 bond. He is due in coty court on Thursday (Sept. 27). The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Kevin DeFelice.

David L. Newton, 59, of Lewiston Road, Batavia, is charged with petit larceny. He was apprehended by Tops market employees after allegedly being observed concealing several items on his person and exiting the store. He was arrested at 10:55 p.m. on Sept. 20 and released on an appearance ticket and is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Ronnie Joe Flinchum, 59, of Mill Street, Le Roy, was arrested on Sept. 21 on a Batavia City Court bench warrant for failure to appear. Flinchum was arraigned and jailed on $1,000 cash or bond. The defendant was due in city court this morning. The case was handled by Batavia Police Officer Felicia DeGroot.

Julia L. Tombari, 24, of Roanoke Road, Pavilion, is charged with violation of probation. She was arrested on Sept. 24 on a bench warrant out of city court for violating probation. She was arraigned and jailed on $5,000 cash or bond and is due in city court on Thursday (Spet. 27). The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jason Ivison.

Isaiah J.A. Munroe, 28, of Buell Street, Batavia, is charged with unlawful possession of marijuana. On Sept. 22 at 6:19 p.m. while on a traffic stop on Bank Street in Batavia, Munroe was arrested for allegedly possessing marijuana. He was issued a computer-generated appearance ticket and is due in city court on Oct. 2 to answer the charge. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

(Photo of vehicle that was carjacked this morning in the city, courtesy of Alex Feig of WBTA.)

A white Chrysler Sebring with a black top occupied by just its driver crashed at the VA Medical Center after a wild chase through city streets. The driver is in custody. He may have a firearm. What prompted the chase is not clear.

A medic is responding. At least three Batavia PD patrols were pursuing the vehicle. VA police are being notified; property at the facility is damaged.

UPDATE 8:55 a.m.: City fire just arrived in non-emergency mode with speedy dry absorbent and a pad to cover a storm drain from leaking fluids; the vehicle is on fire. Asked if the suspect has any facial or hand tattoos, an officer's response is no, but there are on the arm(s).

Shortly after this incident began, there was a call of a possibly armed suspect driving the vehicle southbound on Liberty Street. A patrol was a Ellicott and Jackson, and Liberty and Main. Then the suspect vehicle headed northbound on Summit Street toward the hospital going 65 mph, then went westbound toward State Street, got on Oak and the Thruway Authority was notified as it was believed to be headed to I-90. Then it crashed at the VA.

UPDATE 9:06 a.m.: This was a carjacking. More T/K.

UPDATE 10:22 a.m.: Shortly after the incident ended, Batavia Police Chief Shawn Heubusch held a press conference outside the VA Medical Center. Alex Feig, of WBTA, provided the audio from which the following details were taken:

Officers initially responded to the Kwik Fill at 99 Jackson St. in the city after a report of a vehicle theft. The use of a weapon -- a gun -- was threatened, but one was not displayed, nor recovered after the suspect was taken into custody. Police caught up with the vehicle, which sped off when they pursued it. Speeds reached around 65 mph on city streets and then the driver failed to navigate near the VA Medical Center and crashed. The vehicle caught fire and the fire department responded, but the car did not "burn up." The driver/suspect was able to get out of the vehicle on his own and did not appear to be injured. The victim, who remained behind at the Kwik Fill, was not physically injured. Authorities at the VA were assessing damage to property, which includes a sign knocked askew and off its foundation, a tree, and possibly some fencing. Asked if the incident was related to some other crime commited, the chief said no. The suspect was taken into custody by the VA without incident.

P.W. Minor this morning filed a notice with the NYS Department of Labor of possible layoffs and a possible plant closing but that doesn't necessarily mean anybody will lose their job, according to Brian Benedict, the company's VP of sales.

He said CEO Hundley Elliotte is in town this week working with management on a restructuring plan. Some of the options include both keeping the plant open and retaining all current employees, Benedict said. 

"As of today, there have been no layoffs," Benedict said. "By filing the warn (notice) we were just following the letter of the law."

All of the work crew today was sent home and they are not expected to return to 3 Treadeasy Ave., Batavia, tomorrow. Benedict said at this point he doesn't know when they will start working again.

"We will know a lot more by Wednesday afternoon," Benedict said.

In the Warn Notice, P.W. Minor informed the state potential layoffs could mean a loss of 42 jobs, or all 82 jobs at the plant and cited "economic reasons" for the potential layoffs.

Elliotte's investment firm Tidewater + Associates acquired the shoe company from Pete Zeliff in February. Zeliff and then partner Andrew Young saved the 151-year-old company from certain ruin in 2014.

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.

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.

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.

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.

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."

Local government agencies are enjoying an additional $4.84 million in new revenue derived from projects approved for assistance from the Genesee County Economic Development Center since 2006, according to a report by CEO Steve Hyde to the County Legislature yesterday.

A key tax abatement awarded to qualifying projects is Payment in Lieu of Taxes (PILOT). While PILOTS afford companies some temporary tax relief on the increase in the assessed value of a property, the company is making PILOT payments and as the PILOT matures, new tax revenue is also generated.

Hyde said once all of the current PILOT projects on the books mature, additional tax revenue will surpass $7.5 million.

IN 2017, school districts in Genesee County received an additional $2.93 million in revenue from GCEDC projects, the county an additional $1.26 million, and local governments, $640,000.

"For every dollar, the county invests in economic development, we're seeing about $25 coming back in property taxes," Hyde said.

While GCEDC generates revenue for itself from fees charged to businesses that it assists, Hyde said it also relies on the financial support of the county, which has been reduced by 33 percent in recent years.

Meanwhile, GCEDC's workload has increased and the agency is actively marketing WNY STAMP in Alabama, which Hyde said continues to generate interest among site selectors, but for that $50 million project the IDA has only been able to budget $50,000 for marketing.

"That’s a bit of challenge right now but we work it and we’ll continue to work it," Hyde said.

GCEDC's support for business projects, Hyde said, have added 2.38 million square feet in new construction and another 1.28 million square feet in renovated space.

The number of PILOT projects in Genesee County in 2002 was 38. The peak was 2010 with 99. The number has fallen off steadily since then to 71 in 2017.

"Just because the number of our PILOTs are trailing off the past few years doesn’t mean it’s a bad thing," Hyde said. "It’s a good thing. It means we're graduating projects."

GCEDC is also working to help to finalize financing for the Ellicott Station project in Batavia. Hyde said it's the most complicated financing scheme he's worked on, and bringing state and federal requirements into line is a challenge. He's meeting today with the chief financial officer for Savarino Companies to work on some of those details. The IDA may need to adjust its initial PILOT plan for the project to help bring the pieces together.

The project has been delayed for months because of the difficulties faced by Savarino, the city and GCEDC in putting the financing package together.

Rep. Chris Collins announced on Twitter today that he will "actively" seek reelection to the NY-27 seat he's held through three terms despite being under federal indictment for alleged securities fraud, wire fraud and lying to the FBI.

Collins released his statement in a graphic. Below is the graphic:

Below is a response from Nate McMurray, who is challenging Collins in the November election:

Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, reacted to today’s news that indicted member of Congress and master insider trader Chris Collins would suspend suspending his campaign.
 
“It looks like the criminal is returning to the scene of the crime – and I’m not just talking about insider trading, lying to the FBI and everything else he’s been accused of – I mean the derelict(ion) of duty he did by ignoring his constituents and their interests for every second of his elected life.

"I’m curious to know what Mr. Collins means by ‘actively campaign’ because he hasn’t talked to his constituents, hasn’t held town halls, and has been hiding in his penthouse since the FBI arrested him. Now he thinks that the voters of this district who are getting hurt by a trade war, are struggling to make ends meet, and know that Washington is more corrupt than ever, he thinks they’re going to trust him? Give me a break. He looks out for himself. And maybe his donors.

"Chris Collins has been charged with a crime. He can’t buy his way back into his job.

"Chris Collins thinks the rules don’t apply to him. They do.

"Chris Collins represents everything that’s wrong with Washington.

"Chris, if you’re listening from Manhattan, here are a few words you may remember, ‘lock him up’ ‘drain the swamp’. I hear your next court appearance is on October 11. I bet some folks from NY-27 may take a road trip.

"In the meantime, I welcome you on the campaign trail, sir. Bring it.”

During the Public Service Committee meeting Tuesday, Highway Superintendent Tim Hens updated members of the County Legislature on the work of his department.

On funding, the proposed county road budget for 2019 is $5,527,130. Asphalt prices have increased 20 percent in 2018. Salt prices are up 16 percent. Gas prices have gone from $2 a gallon to $2.35 and climbing, though prices should stabilize in 2019, Hens said. The department has 57 employees (54.25 full-time equivalents), working in administration, highway, parks, airport, fleet, and facility maintenance.     

Besides a share of the general fund, the department receives grants for projects. State aid in 2018 has been $1.6 million, plus $382,193 from the PAVE-NY fund, $240,498 for extreme weather recovery.

Federal aid, Hens said, is still limited.

The county, including applications from towns, has 31 applications made to BRIDGE-NY, with an announcement for funding expected in the fall. 

Hens anticipates needing $2,131,466 for roach machinery in 2019. The department is making lease payments on a dozer, loader, an excavator, and needs a wheel loader, pickup, 2.5-ton truck, and mid-sized track excavator.

The county is responsible for 260 miles of highway. There are 92 bridges longer than 20 feet and 278 bridges and culverts longer than five feet and less than 20 feet. 

"We need to replace two bridges a year to keep our heads above water and we have been doing one bridge a year based on available federal funding," Hens said. 

The rating for the Lyons Street Bridge has been reduced from eight tons to seven. Pratt Road Bridge has been reduced from 19 tons to seven and is scheduled for replacement next year.

Reconstruction of the Stroh Road Bridge is nearly complete and it should open Oct. 1, three weeks ahead of schedule. 

Four culverts in the county of less than 20-foot span were replaced this summer.

The county also completed paving or overlay projects on Indian Falls Road, North Lake Road, North Byron Road, Prole Road Extension, South Street in Pavilion, Colby Road, Hickox, Walker, and Gillate roads in Alexander. 

These projects often included shoulder widening to 30 feet.

The widening has gone over well with residents in those areas, Hens said, who now have more room for walking and biking.

Much of the material used for this work is recycled asphalt from the work at the County Airport to replace the runway and taxiways. This has produced more than 16,000 tons of asphalt for the county to process and reuse.

"It's cheap material," Hens said. "But it's not free. We still have to process it and handle it."

As for county parks, Hens praised the work of Shannon Lyaski, conservation education program coordinator, and Paul Osborn, parks director.

"We've seen year-over-year growth in the environmental programs," Hens said. "We've hit record numbers for revenue and people attending events at the County Park." 

He said Lyaski has done a good job with programming for events at the Interpretive Nature Center.

The revenue generated by these programs cover her salary, Hens said.

As for Osborn, Hens said he's a master at rounding up volunteer workers and scavenging for material for structures in the parks.

"He flips over rocks and pulls people out and he's got people down there cleaning, cutting and trimming," Hens said.

One of the annual programs at the County Park is Camp Hard Hat, which brings in high school students in to build a project under the supervision of a BOCES instructor.

This year, the crew built a footbridge using guardrails Osborn scavenged from the old Stroh Road Bridge.

Attendance has also been up at the DeWitt Recreation Area.

Hens said work on a bridge through the wetlands in the park for the Ellicott Trail should be completed by fall. The county is waiting on the Town of Batavia to finish its part of the trail and Hens is hopeful the trail will open next spring.

For facilities, significant projects in 2018 include a new jail elevator, a security system, new fire alarm for the County Courthouse, and completion of an energy performance contract. For 2019, the county is waiting on a grant for the stonework on the facade of the jail building and a grant is pending for energy upgrades at the Animal Shelter.

In the 20 years since Hens became highway superintendent, the County has invested $30 million in capital improvements, which includes new hangars, a new terminal, and a new runway and taxiways. The funds were all generated by grants or fees for use of the airport and fuel so there have been no direct costs to local taxpayers.

There are 21 jobs at the airport, including private employers, and generates $2.35 million in economic impact.

The airport has brought in more money than it cost in 16 of the past 17 years. Hens anticipates the airport will only break even in 2018 due to a prolonged winter and construction projects.

Pete Zeliff is building a new hangar for corporate jets, which should help generate more revenue for the county through additional fuel sales.

Hens has also been heavily involved in public water projects with several new projects starting this year and more planned for 2019.

PHOTO: Tim Hens in the foreground and Laura Wadhams, the county's new assistant engineer, who started her job a little over a week ago.

Rachel B. Solomon, no age provided, no residence provided, is charged with two counts of criminal contempt, 2nd, obstructing governmental administration, resisting arrest, and three counts of harassment, 2nd. Solomon was arrested following an investigation in an alleged violation of an order of protection. She was jailed on $2,500 bail or $5,000 bond.

Frank Bergholtz, 41, of Franklin Street, Batavia, is charged with possession of a dangerous weapon. Bergholtz allegedly possessed a knife while at the Probation Department office.

Paul J. Doctor, 40, no permanent address, was arrested on a warrant for alleged failure to appear. Doctor was jailed on $500 bail or $2,000 bond.

Zackary Seeley, 21, of Central Avenue, Batavia, is charged with criminal contempt, 2nd. Seeley is accused of violating an order of protection.

Danny D. Williams, 29, no permanent address, is charged with two counts of criminal contempt, 2nd. Williams allegedly violated two orders of protection during a disturbance on Thorpe Street at 9:41 p.m., Sept. 13.

Joshua D. Beardsley, 29, of Groveland, was arrested on a warrant for alleged failure to appear. Beardsley allegedly failed to appear in City Court on an appearance ticket stemming from a traffic ticket. He posted $250 police bail and was released.

Douglas Scott Sprague, 51, of Judge Road, Alabama, is charged with criminal mischief, 4th. Sprague is accused of breaking items in a residence on Judge Road at 6 p.m. Monday during an argument. He was jailed without bail.

A structure fire is reported at 483 Alley Road, Darien.

That's between Gadd Road and Countyline Road.

The fire has gone to a second alarm.

It was initially reported as a shop fire but it reportedly quickly spread to a residence. A caller reportedly went into the house to assist an elderly resident with getting out.

Darien fire dispatched along with mutual aid companies.

UPDATE 11:34 p.m. (By Billie): The house closest to the blaze was never in danger; there was no flame damage to the house. A neighbor assisted an elderly resident to the back of the property, where the elderly resident's son resides. Meanwhile, a neighbor and the woman's son removed propane tanks from the building. But the all-metal construction of the shop was nonetheless destroyed. The son is a road construction electrical contractor.

UPDATE 1 a.m. (by Howard): The structure was fully involved when the first firefighters arrived on the scene, according to Capt. Ray Felski, so crews immediately took a defensive posture toward fighting the fire.

"Tthe initial report said it was a shop fire and then it was updated that it might have gotten to the residence," Felski said. "On our arrival, it had not gotten into the residence. It was contained to the shop building, which was fully involved on our arrival."

The structure is a total loss, along with four commercial vehicles parked in the building.

Firefighters from three counties and seven companies responded to the fire. No injuries were reported. The humid night required crews to rotate regularly so they could stay hydrated. There is a large pond on the property near the shop, which was a key source of water, Felski said. Tankers were also dispatched to the fire. "Water was not an issue," Felski said.

The property is owned by the Osborn family.

PHOTOS: First four photos submitted by a reader. The rest of the photos by Howard Owens.

Last spring, a proposal by the Alexander Central School District to charge fees to the Tri-Town Youth Athletics Association for use of the high school's football field upset many parents of young athletes.

It could have added another $4,000 to the cost of the football program.

Now, according to Lisa Lyons, president of the association, the proposal may have been for the best.

Rather than pay the fee, volunteers banded together and reconstructed a field in need of repair so it could serve as Tri-Town's new football field.

"Somebody mentioned this week as we were cleaning up at the field, and somebody said, 'I think maybe we should write and thank her, thank Ms. Huber (Superintendent Catherine Huber),' " Lyons said. "This has been a really good thing. Our concession stand is thriving. We have everything in one place. It's made things on game days a lot easier. We're not hauling equipment and concessions to the football field and back. It's been a lot better for us. It really has."

The field -- which is on property used by Tri-Town behind the Alexander Fire Department Recreation Hall off of Alexander Road -- was used for soccer and other activities but over the summer, volunteers brought in heavy equipment and stripped the existing grass from the field, regraded it, leveled it and planted new sod. The only expense -- which Lyons said she would need board permission to disclose -- was the new grass.

The new field has brought back a lot of Tri-Town alumni back to check things out and attendance at the youth football games has increased, Lyons said.

"I feel like people have come out to the woodwork to see what’s going," she said.

Tri-Town hasn't completely worked out what it will do for basketball. It's probably unavoidable to use school facilities for practices, which means paying a fee for usage and chaperons (a new requirement from the district) but Lyons indicated they may have other options than using the school on game days.

"We have to weigh out our options and see what the best financial option is," Lyons said.

Photos: Football photos by Howard Owens from Saturday. Construction photos submitted by Lisa Lyons.

D'andre J. Cramer, 19, of West Main Street, Batavia, is charged with: third-degree burglary; fourth-degree criminal mischief; and petit larceny. Cramer was arrested and arraigned on Sept. 11 following an investigation into a burglary which occurred a year ago this month at a shop in the City Centre mall. He was jailed and bail was set at $5,000. The defendant is due in Batavia City Court on Sept. 20. The case was investigated by Batavia Police Det. Thad Mart.

Rachel M. Penepinto, 27, of Vine Street, Batavia, is charged with second-degree harassment. Penepinto was arrested on Vine Street at 4:20 p.m. on Sept. 15 after being accused of threatening to fight a neighbor and kill their dog. She was released on an appearance ticket and is due in Batavia City Court on Sept. 18. The case was handled by Batavia Police Officer Jason Ivison.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with fourth-degree criminal mischief and second-degree harassment. Following an investigation into a domestic incident which occurred 8:15 p.m. on Sept. 11 on Bloomingdale Road. Norton was arrested, arraigned and put in jail on $2,500 bail. He is due in Alabama Town Court on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with first-degree criminal contempt and second-degree harassment. Williams was located on Thorpe Street in Batavia and arrested following an investigation into an incident which occurred at 3:39 a.m. on Sept. 8 on Wood Street in Batavia. He was jailed on $20,000 cash or bond bail. He is due in City Court on Sept. 20. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Marissa B. Royse, 28, of South Main Street, Batavia, is charged with: driving while ability impaired by drugs -- combined influence of drugs; following to closely; speed not reasonable and prudent; moving from lane unsafely; and failure to keep right on a two-lane road. She was arrested on Sept. 10 at 11:12 a.m. at 27 Walnut St. in Batavia following an investigation into an accident with injuries. She was issued multiple tickets and released; she was due in City Court this morning (Sept. 17). The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider. Forty minutes later, at 17 Walnut St., she was allegedly found to be in possession of marijuana following the investigation into the personal injury motor-vehicle accident earlier that hour at 27 Walnut St. She is due in City Court on Tuesday, Sept. 18 to answer that charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Aaron M. Hatt, 22, no permanent address, Batavia, is charged with: unlawful possession of marijuana, criminal obstruction of breathing; criminal mischief in the fourth degree; and second-degree harassment. Hatt was arrested following an investigation into a domestic incident which occurred at 2:30 p.m. Sept. 14 at an apartment on Thomas Avenue, Batavia. He was arraigned and jailed on $2,000 cash bail or $4,000 bond. He was due in Cioty Court this morning (Sept. 17). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

Latiqua Shonnel Jackson, 25, of East Main Street, Batavia, is charged with introducing dangerous contraband into prison in the first degree and criminal use of drug paraphernalia in the second degree. On Sept. 10 at about 2:20 p.m., Jackson was being processed into GC Jail. It is alleged that she knowingly entered the jail while in possession of a controlled substance and drug paraphernalia. She was arrested on the charges Sept. 13 and jailed on $10,000 cash bail. She is due back in City Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Susan Mattice.

Joseph Buckley, 57, is charged with having an open container of alcohol in a city park. At 10:23 a.m. on Sept. 12, Buckley was arrested in Austin Park on Jefferson Avenue. He was jailed on $250 bail and was due in City Court on Sept. 13. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Kevin DeFelice.

Scott D. Larnder, 42, Tracy Avenue, Batavia, is charged with failure to appear. He was arrested on Sept. 13 for failing to appear on previous charges. After arraignment, he was released on his own recognizance. He was due back in City Court on Sept. 14. The  case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Rep. Chris Collins, the three-term congressman representing the NY-27 who was arrested on insider trading charges, will remain on the ballot in the November election.

Collins, in contradiction with prior statements, has decided not to cooperate with the efforts of GOP leaders in the district to have his name removed from the ballot and replaced by a new candidate.

Below is the only statement released by the Collins' campaign about the decision:

“Because of the protracted and uncertain nature of any legal effort to replace Congressman Collins we do not see a path allowing Congressman Collins to be replaced on the ballot.”

Statement by Mark Braden, legal counsel for Rep. Chris Collins

GOP county chairs were scheduled to meet tomorrow in Albany to select the person they hoped would replace Collins. WBTA reached Genesee County Chair Dick Siebert this afternoon and he said he was as surprised by the sudden of plans as everybody else.

In response to the news of the decision, Nate McMurray, running as the Democratic opponent to Collins in the election, released the following statement:

Today, Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, responded to the breaking news that his opponent, indicted Congressman Chris Collins, the first Member of Congress to endorse President Trump, will remain on the ballot despite long-pushed rumors that he would removed before November.

This morning several local news outlets reported and local Republican leaders confirmed that Congressman Collins, on advice from his attorneys, will choose to remain on the ballot.

“Well, it’s nice to finally know who I’m running against. But, in truth, we always knew we were running against Chris Collins. There are laws for a reason. There is accountability in our society for a reason. And in the greatest democracy in the world, voters weren’t going to take this kind of sham switching around names on a ballot at the whims of local party bosses,” McMurray said.

“I credit the people of Western New York for standing up in town after town saying ‘don’t force him on the ballot in my town.’ They saw through this fraud. They weren’t going to fall for the bait-and-switch strategy by the same team that endorsed, celebrated, took pictures with and defended Chris Collins.

“There is an incredible grassroots movement in NY-27. Like me, the voters want to Fight Like Hell against the political machine that has let them down for so long. They like that I’m an underdog. Every day when I’m out meeting voters, we talk about affordable, accessible healthcare for all, defending Social Security, investing in our infrastructure, protecting our farms. But in this region, we’re still always talking about corruption. Voters have a chance to end that once and for all in NY-27 and I’m excited for the next 50 days.”

McMurray heard the news as he was on stage opening his new office headquarters, his fourth in two months, standing with Democratic National Committee Chairman Tom Perez. Chairman Perez announced the news to a raucous crowd of more than 120 volunteers and supporters as he announced that the DNC was “all in” for Nate’s campaign.