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Deputy cleared in fatal motorcycle crash in Stafford after chase in July

By Howard B. Owens

A State Police investigation into a fatal motorcycle accident, following a high-speed pursuit by a sheriff's deputy in Batavia and Stafford, cleared the deputy of any fault in the incident, according to a report obtained by The Batavian through a Freedom of Information Law request.

Nicholas L. Keiffer, 26, of West Center Street, Medina, lost control of his 2001 Kawasaki Ninja on July 6 on Route 63 as he entered a curve in the roadway just north of Fargo Road after fleeing an attempted traffic stop by Deputy Zachary Hoy.

The state's Executive Law requires the Office of Attorney General (OAG) to open an investigation when a person's death may have been caused by a police officer. Based on findings by the State Police, the OAG informed District Attorney Kevin Finnell on Aug. 2 that the evidence indicated the OGA had no statutory authority to open a criminal investigation into the conduct of the deputy.

In other words, the OAG informed the county that there is no evidence of misconduct in the incident by the deputy.

Investigator Thomas K. Rzepecki, of the Troop A Collision Reconstruction Unit, completed an accident reconstruction report for the State Police, and he concluded that Keiffer was at fault in the accident. 

"The primary contributing factor to this collision, as it relates to the analysis of the evidence, was the failure of the operator of Vehicle 1, Nicholas L. Keiffer, to remain within his appropriate lane of travel," he wrote in the report. "The high speed at which Mr. Keiffer entered the right-hand curve prior to the intersection contributed to his failure to keep right, and also to the severity of the injuries sustained in the collision. An additional factor to consider is Mr. Keiffer's failure to comply with Deputy Hoy's attempt to affect a traffic stop on SR 5."

He also states, "Roadway defects, environmental conditions, and vehicular defects have all been considered and ruled out as contributing to the cause of the collision."

Investigator Eric Daigler officially closed the investigation based on the findings on Dec. 22.

150 mph
The incident began shortly before 6:50 p.m. on July 6. Hoy was running radar in the parking lot of A-1 Self Storage, 5658 Main St, Stafford, when he observed a motorcycle passing another vehicle on westbound Route 5.  The radar indicated the motorcycle was traveling at 150 mph.

Hoy entered the lane of traffic and activated his emergency lights.

The motorcycle initially pulled over as if stopping for the officer near the Department of Transportation facility at 5441 Main St., Stafford. As Hoy pulled in behind the motorcycle, the driver fled.

Radio transmissions acquired by Daigler from the Sheriff's Office, indicate that Hoy informed dispatchers at 6:50 p.m. that the motorcycle was fleeing. Hoy activated his lights and siren and began a pursuit.

The motorcycle turned left on Batavia-Stafford Townline Road.

Data, obtained by Daigler, recorded on the patrol vehicle's computer system, indicate the top speed of Hoy's vehicle while on Batavia-Stafford Townline Road was 104 mph. 

A resident's Ring camera captured the motorcycle passing that location (the address is redacted in the report) at a high rate of speed and then recorded Hoy's vehicle passing with lights and sirens 18 seconds later.

Hoy observed the motorcycle turn left onto Route 63. Vehicle data indicate Hoy's vehicle turned left 20 seconds later. Hoy's top speed on Route 63 was 120 mph.

Near Route 63 and Mayne Road, at 6:52 p.m., Hoy informed dispatchers he had lost sight of the motorcycle and was discontinuing the pursuit.

He deactivated his lights and siren and slowed his speed, and continued southbound. 

At 63 and Fargo, Hoy told Senior Investigator Brian Howard during an interview on July 11, that he spotted a small dust cloud along the roadway and thought perhaps the rider had crossed into the shoulder while negotiating the turn.  

His speed at that intersection was 53 mph. 

Hoy continued into the hamlet of East Bethany at 30 mph, where he turned around.

When he again reached 63 and Fargo at 6:55 p.m., with a northbound vantage point on the intersection, he spotted Keiffer's motorcycle on its side in a field behind a hedge row.

According to scanner traffic at the time of the incident, a person at the scene -- likely Hoy -- attempted CPR on Keiffer.  Keiffer would later be pronounced dead at the scene by a county coroner. 

Among the first Sheriff's Officer personnel on scene was Investigator Ryan Delong. He photographed the scene. Those photographers were later turned over to State Police.  DeLong also told State Police that the NYS Office of the Attorney General was advised of the accident. Detectives from the OAG's Office of Special Investigations responded to the scene.

Soon after the accident, Sheriff William Sheron requested the State Police conduct the investigation because the incident involved one of his deputies.

Evidence
Rzepecki described the intersection in his report. 

Route 63 contains a dip in the roadway followed by a right-hand curve with an uphill grade, according to the report. There is a yellow advisory sign about 500 feet ahead of the curve that recommends vehicles slow to 45 mph.  The posted speed limit is 55 mph.

Evidence at the scene consisted of tire marks, furrows, an impacted signpost, vehicle debris, pavement scrapes and gouges, and disturbed vegetation. 

Rzepecki stated that tire marks were found on the east shoulder of Route 63 and continued southeast across the shoulder into a grassy area north of the intersection, where it transitioned into a series of furrows.  Investigators determined it was at that point that the motorcycle overturned and struck a signpost.

Vehicle debris and grass fanned out southeast of the impact point across Fargo Road and led to a series of pavement scrapes and gouges.  There was vehicle fluid and tire marks within the northbound lane and east shoulder of Fargo Road and disturbed vegetation and vehicle debris that led to the location of the motorcycle.

Rzepecki wrote, "The observed evidence indicates that Vehicle 1 was traveling southeast on SR 63. It crossed the center line and exited the east shoulder of the roadway, overturned, struck a signpost, and became airborne across the southbound lane of Fargo Road. Vehicle 1 landed within the northbound lane and east shoulder of Fargo Road, continued southeast down an embankment, and came to an uncontrolled final rest in the field east of the roadway."

The driver was ejected and sustained fatal injuries, Rzepecki reported.

Hoy's patrol vehicle was undamaged, and Rzepecki said there was no evidence of contact between the patrol vehicle and the motorcycle.

Based on an investigator's calculations, the maximum speed a vehicle can negotiate the curve is 91 mph.  Based on calculations using evidence at the scene, Keiffer's Kawasaki was traveling at between 87 and 92 mph just before it came to the curve. That calculation does not include the possibility of any breaking by Keiffer just prior to that point.  At the point the bike became airborne, after it left the pavement, it was likely traveling at 77 mph, according to the report.

Daigler obtained Keiffer's mobile phone. Keiffer's mother signed a consent form allowing the State Police to search the phone. A forensic investigator later informed Daigler that all pertinent data from the phone was stored in the Google cloud.  Daigler contacted Douglas Curella, the law clerk for County Court Judge Melissa Lightcap Cianfrini, about obtaining a warrant ordering Google to turn over the data. Curella later informed Daigler that Cianfrini would not sign a warrant "because no legal action is being taken by the State Police and the only individual who committed crimes related to the investigation is now deceased."

In addition to patrol vehicle data, video footage, physical evidence at the scene, and recorded and timestamped radio transmissions, investigators interviewed 19 witnesses.

Among those witnesses was the mother of Keiffer's girlfriend. 

Keiffer was reportedly living at their house at the time, and he and his girlfriend's mother were speaking outside at about 6:15 p.m. when they observed a motorcycle pass their location. Keiffer reportedly observed that the motorcycle was a 'nice bike' and informed the mother he was going to go for a ride.

Top Illustration: Screenshot of an illustration in the State Police report.  For a higher-resolution version, click here.

Accident scene photo from July 6 by Howard Owens

Screenshot of illustration in State Police report.

Health Department encourages home radon testing

By Press Release

Press release:

January is Radon Action Month, an annual observance that focuses on increasing the public’s awareness of the health risks of radon and how you can take action. Radon is a naturally occurring radioactive gas that has no smell, taste or color. When radon forms from the breakdown of uranium found in soil, it can enter a home through cracks in the walls, basement floors, foundations and other openings.

According to the United States Environmental Protection Agency (EPA), radon is the second leading cause of lung cancer and claims the lives of approximately 21,000 Americans each year. This January, we are encouraging all homeowners, renters, real estate agents and building managers to conduct radon testing. The New York State Department of Health (NYSDOH) recommends testing for radon during the buying/selling of a home, after doing a major renovation, and every two to five years, depending on previous radon level readings.

The EPA and NYSDOH have identified Genesee County as having a high average indoor radon screening level greater than 4 pCi/L (pico curies per liter). The good news is, testing your home with a short-term radon test kit is a quick and easy way to determine if there are high levels of radon present in your home. The test kits are easy to use and contain basic instructions on how to receive the most accurate results when testing your home for radon.

“The only way to know if high levels of radon are present in your home is by testing your home for radon,” stated Paul Pettit, Public Health Director for the Genesee and Orleans County Health Departments (GO Health). The Genesee County Health Department was awarded a five-year grant through the NYSDOH to provide radon prevention education and distribute free radon test kits to Genesee County residents. Currently, there is a limited supply of radon test kits that can be given to residents of Genesee County, and this process is free of charge when you request a kit. If you live outside of Genesee County, you can purchase an inexpensive radon test kit from your local hardware store.

If test results come back and the radon levels in your home are greater than 4 picocuries per liter of air (pCi/L), you can contact a certified radon mitigation contractor to install a radon reduction system in your home. This would be at the homeowner’s expense.  

For more details about the program or to seek a radon test kit, call the Genesee County Health Department at (585) 344-2580 ext. 5555. For more information on radon or other GO Health programs and services, visit GOHealthNY.org.

Photo: Junco drops by a for a visit

By Howard B. Owens

Judy Schildwaster shared this photo of a Junco in her backyard on Lyman Road in Byron.  She said the bird migrated here for the winter and will only be here a couple of months before returning north.

Grand Jury Report: Two indictments issued

By Howard B. Owens

Scott F. McColl is indicted on one count of felony DWI. McColl is accused of driving drunk on Summit Street Road in the Town of Pavilion on a 2006 Harley-Davidson motorcycle on July 14. He was convicted of misdemeanor DWI on Nov. 3, 2014.

John Sumlin, III is indicted on one count of criminal contempt in the first degree, a Class E felony. Sumlin is accused of violating an order of protection on or about Oct. 25 and 26 in the City of Batavia. He is accused of repeatedly making telephone calls to the person he was ordered not to contact.

Tenney reintroduces Transparency in COVID-19 Expenditures Act

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24) member of the House Ways and Means Committee, today reintroduced H.R. 348, the Transparency in COVID-19 Expenditures Act, alongside Representatives Mike Gallagher (WI-08), Jake LaTurner (KS-02), Darrell Issa (CA-48), and Chris Smith (NJ-04).

This bill requires the Government Accountability Office (GAO) to audit the funding provided by the COVID-19 relief bills Congress passed as a result of the COVID-19 pandemic.

Specifically, the GAO must audit and report on the use of funding provided by:

  • the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
  • the Families First Coronavirus Response Act
  • the CARES Act
  • the Paycheck Protection Program and Health Care Enhancement Act
  • Divisions M and N of the Consolidated Appropriations Act, 2021, and
  • the American Rescue Plan Act of 2021.

The United States has spent over $4 trillion in response to the COVID-19 pandemic, much of which was spent without proper oversight. In fact, the New York State Comptroller reported that over $11 billion in fraudulent unemployment insurance payments were made during the first year of the pandemic alone.

Following the release of H.R. 348, the lawmaker released the following statement:

“Taxpayers deserve to know where their money went and how it was spent,” said Congresswoman Tenney. “Now that we are in the Majority, House Republicans are leading to charge to make the government more accountable and transparent, and that starts with how American’s tax dollars were spent. The financial fraud following the COVID-19 pandemic was unprecedented and we must ensure we never give out a blank check and make these same mistakes again. I’m honored to lead this charge to create a more transparent government.”

Read the full text of the bill here.

Weather advisory issued, expect freezing rain overnight

By Howard B. Owens

Freezing rain is expected overnight with total accumulations of a few hundredths of an inch, the National Weather Service advises.

A winter weather advisory has been issued starting at 1 a.m. and ending at 7 a.m.

Drivers should plan on slippery road conditions. The hazardous conditions could impact the morning commute.

City Republican Committee seeks Ward 2 and 3 candidates

By Press Release

Press Release:

The City of Batavia Republican Committee is seeking interested candidates for City Council Wards 2 and 3 for this year's election.

Candidates must be resgistered Republicans and residents of the wards in which they intend to represent -- either Ward 2 or Ward 3. 

All qualified individuals seeking to serve in this honorable role are to submit a letter of interest to Committee Chairman Richard Richmond by Feb. 1. Send letters to: City of Batavia Republican Committee, P.O. Box 260, Batavia, NY, 14021. 

 

New apartment complex to serve entry level workers as viable housing option

By Joanne Beck

Housing projects have various classifications, such as workforce, affordable and low income, all of which have certain definitions and income levels, and The Batavian wanted to clarify which words and parameters fit the Ellicott Station project in downtown Batavia.

First, a little housing definitions lesson:

Affordable Housing is generally defined as housing on which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities.

Market Rate Housing is the prevailing monthly cost for rental housing. It is set by the landlord without restrictions.

Housing Authority Housing authorities are public corporations with boards appointed by the local government. Their mission is to provide affordable housing to low- and moderate-income people. In addition to public housing, housing authorities also provide other types of subsidized housing.

Subsidized Housing is a generic term covering all federal, state or local government programs that reduce the cost of housing for low- and moderate-income residents. Housing can be subsidized in numerous ways—giving tenants a rent voucher, helping homebuyers with downpayment assistance, reducing the interest on a mortgage, providing deferred loans to help developers acquire and develop property, giving tax credits to encourage investment in low- and moderate-income housing, authorizing tax-exempt bond authority to finance the housing, providing ongoing assistance to reduce the operating costs of housing and others. Public housing, project-based Section 8, Section 8 vouchers, tax credits, the State Housing Trust Fund, and Seattle Housing Levy programs are all examples of subsidized housing. Subsidized housing can range from apartments for families to senior housing high-rises. Subsidized simply means that rents are reduced because of a particular government program. It has nothing to do with the quality, location or type of housing. In fact, a number of Seattle's subsidized housing developments have received local and national design awards.

Workforce Housing is the industry standard definition for affordable housing that serves families that are at or below 60 percent of the median income.

When talking to local economic and project development folks, semantics seemed to really matter. Workforce was not much different than affordable, according to one person, and the term low income was freely bandied about until The Batavian tried to confirm that the housing was subsidized, and the comment was retracted. And nobody wanted to be quoted out of uncertainty.

The assets manager for Savarino Companies has not yet replied to email inquiries after The Batavian was referred to her last week.

At last, an answer came from Jim Krencik of the county’s Economic Development Center. Krencik confirmed that the buck stopped with him, per the last known income qualifications that EDC was aware of for the Ellicott Station project.

To back up a bit, why was this a question to begin with? Because, several years ago, in the infant stage of this project, there was talk of market-rate apartments to provide up-scale prices and amenities to feed the appetites of higher-paid workers and help to grow the city’s economy with an influx of well-to-do consumers.

That bubble was burst last year when Sam Savarino, owner of Savarino Companies, announced that it was a workforce apartment project going up on Ellicott Street. It was going to be for entry-level workers making around $20 an hour or less.

But then rumblings and murmurs took to the streets, combined with questions and fear and lack of details, and the possibility of this being a mixed project of affordable and low income, or subsidized only, emerged. So The Batavian tried to get an answer from economic and project development folks — to no avail.

So now, onto the answer. Krencik didn’t really give a classification label, but just an answer. Of the total of 55 units, 25 of them will go to tenants with 50 percent of the county’s current available median income, and 30 units will go to those with 60 percent of the median income.

As an example of what that could be, the latest median yearly income data from 2017 to 2021 was $63,734, 50 percent of that is $31,867 and 60 percent is $38,240. Krencik emphasized that if someone was approved based on that starting salary and then was promoted and earned a raise, he or she wouldn’t lose the apartment because of that increased figure.

The idea is to provide quality housing to people who may have just graduated from college and are starting out with a new job and career, and want to live in a decent place that they can also afford, he said.

What about all of those parents stating that their kids can’t find jobs to keep them here? Do you really think there will be enough entry level people to fill this complex?
Krencik was glad to get the question. He could then volley back information about a new program called Cornell Food Processing Bootcamp, which is specifically for 2023 graduates. Students can earn a free food processing certificate from Cornell University at Genesee Valley BOCES and connect with local food manufacturers that are hiring with average starting wages of $20/hour, according to a GCEDC flyer.

After doing some hard-hitting promotion of the program, there are 26 students signed up so far, Krencik said, all of whom could be viable candidates for Ellicott Station. While the housing complex won’t be for everyone, it can fill many needs, he said.

“A lot of folks in that cohort are saying, hey, you know, I want to live where I have a supermarket, that's a 20-second walk away, and there's restaurants a 30-second walk away,” he said. “And there's musical performances, of all the concerts that happen in that area, that is attracted to that group. And right now, we've been really marketing that program hard for about three days now.

“And we're hoping to address, with a lot of activity that's been happening, if there wasn't enough quality apartments or single-family homes, and having projects that are taking those on to help people out at all phases of their life when they're starting off in a career or ready to, you know, have that big single family home for their growing family, or they're on the other side of that, and they're looking for the type of housing where they don't need a big house anymore, having all those available is really the key to having viability in our housing market,” he said. “So I guess a single project doesn't doesn't solve it for every one of those scenarios, but it's a piece of solving it with many others.”

Savarino Companies has been taking names of interested tenants for the complex, which is to open this summer. For more information, go to ellicottstation.com.

File Photo of Ellicott Station's progress in January 2023, by Howard Owens.

Law and Order: Driver from Buffalo accused of fleeing from police

By Howard B. Owens

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Alexander GOP seeks candidates for offices

By Press Release

Press release:

The Town of Alexander Republican Committee is seeking registered party members that are interested in becoming selected as the endorsed Republican candidate for the following offices for the Nov. 7th, 2023 General Election.  All positions are four-year terms.

  • County Legislator District #6 - Alexander, Bethany and Pavilion
  • Town Supervisor
  • Town Highway Superintendent
  • Town Clerk
  • Town Council Member - 2 seats
  • Also, one vacancy will exist for: Republican Committee member, District #1 (Route 98 West)

Those interested please send letter of interest and resume by February 6th, 2023 to:  Barbara Eddy, 11054 Alexander Rd., Attica, NY   14011. Any questions call Barbara at 585-591-1435.

Talk at HLOM will focus on Darwin Martin House in Buffalo

By Press Release

Press release:

The Holland Land Office Museum is proud to announce its next Java with Joe E. on Thursday, January 26th at 9 am. Richard Beatty will be presenting, “The Darwin Martin House-Frank Lloyd Wright’s Buffalo 1905 Masterpiece.” Admission is free, and coffee and donuts will be served.

Richard Beatty, a senior docent at the site, will give a presentation on Wright's incredible design, his client Darwin D. Martin, and the long history of the complex.  Abandoned and neglected during the Depression, taken for back taxes in 1946, and then partially demolished in 1960, the complex of buildings and landscape has been completely restored. Part of Mr Beatty's presentation will include a history of the organization that took shape in the 1980s in response to the ongoing decline of the masterpiece, focusing on the key role that volunteers play in presenting the site to visitors from all over the world.

Photo via the NYS Parks website.

Napoleone Foundation announces new date for Beatles-tribute band fundraiser

By Press Release

Press release:

The Michael Napoleone Memorial Foundation has re-scheduled the BBC Band, a Beatles & Sixties Tribute Band. It is being held at the Historic Palace Theatre, 2 East Ave, Lockport, on Friday, Feb. 10 at 7 p.m. 

Tickets are $40 for regular admission and $75 for premier seats in the lower balcony which includes an hour-long reception prior to the show.

All seats are reserved and may be purchased at https://historicpalaceinc.thundertix.com/events/203461. There is a bus being organized from Batavia -- if interested, call Diane at 585-409-3485.

About the Band
Though the band has local roots in Buffalo, the BBC Band has a true connection with The Beatles.

Russ Thomas has spent a good amount of time with Peter Best, the Beatles' first drummer, pre-Ringo. They talked about the early days and how the band had evolved while and after his tenure with the group.

John Connelly and his family had the opportunity to meet and spend some time with Sir Paul McCartney one afternoon, chatting about life, family and how Paul’s music has inspired and influenced John’s musical career.

Meeting a Beatle has offered musical insights and an incredible inspiration to The BBC Band. Their shows are magical, the music is infectious, making you want to jump out of your seat, sing along and dance in the aisles….and in the words of  “She Loves You”…You know that can’t be bad!

In August of 2018, The BBC Band performed six concerts at International Beatles Week in Liverpool, England, including two standing-room concerts at the world-famous Cavern Club. ( www.bbcband.com)

The beautiful Palace Theatre is newly renovated with spacious seating, your favorite “movie concessions”, beer, wine and non-alcoholic items. There will be Autographed Bills jersey raffle and a 50/50.

A night to sing, dance, and celebrate friends, all while Lending a Hand for Hope to Others.   We do “Get by With a Little Help from our Friends” – Beatles.

Tenney supports bill aimed at addressing New York's bail reform law

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24) today joined the entire New York Republican delegation in introducing the Stop Enabling Repeat Violence and Endangering (SERVE) Our Communities Act.

Since taking effect in 2020, New York State’s bail reform has eliminated cash bail and expanded pre-trial release for a variety of misdemeanor and felony charges, creating a revolving door that keeps criminals on our streets.

 This bill provides an incentive for states like New York to adopt policies that hold repeat offenders accountable and bolster public safety. Specifically, the SERVE Our Communities Act would authorize $10 million in anti-recidivism grant funding from the Department of Justice for states that have laws directing courts to consider dangerousness when determining bail or pretrial release. To receive grant money, states with these laws must also take steps to hire and retain law enforcement or administer a public awareness campaign that combats anti-police sentiment and improves community-police relations.

 “New York’s radical left cashless bail reform has been a disaster. The SERVE Act works to hold repeat offenders accountable and support our brave men and women who risk their lives to ensure our communities are safe. We must end the continuous cycle of ‘defund the police’ and ‘catch and release’ policies. I’m honored to join my fellow New York Republicans in reintroducing this vital piece of legislation and look forward to real improvement in our justice system,” Congresswoman Claudia Tenney said.

Tenney was joined by Representatives Elise Stefanik (NY-21), Andrew Garbarino (NY-02), Nicole Malliotakis (NY-11), Nicholas LaLota (NY-01), George Santos (NY-03), Anthony D’Esposito (NY-04), Mike Lawler (NY-17), Marc Molinaro (NY-19), Brandon Williams (NY-22), and Nick Langworthy (NY-23) in introducing this bill.

Democrats seek candidates for local races

By Press Release

Press release

The Genesee County Democratic Committee is actively seeking candidates for the 2023 elections, and we want to talk to you! We don’t care about your resume: if you're a forward thinker and you care about improving your local community, we want to help you run.

The past few election cycles have taught us that who the candidate is matters. How well they communicate online and in person, how comfortable they are in their skin, and their authenticity are all important factors.

We’re looking for candidates with ties to their community. Folks who are already in their district — volunteering, organizing, mentoring, working and just being a good person. We don’t want to convince someone to move home to run — we want someone who calls a place home to step up and run.

We work with candidates from all backgrounds — teachers, nurses, farmers, activists, artists, musicians, chiefs, and rodeo stars. If you are passionate about making a difference, we will support you.

The following positions will be up for election this fall. If you are interested or know someone who may be, please contact us at GenesesNYDemocrats@gmail.com

County Offices

  • County Clerk
  • Coroner – 1 position
  • Legislators
  • Dist 2 – Bergen/Byron/Elba
  • Dist 4 – Batavia Town/Stafford
  • Dist 6 – Alexander/Pavilion
  • Dist 8 – City of Batavia Wards 2 and 3

City of Batavia

  • Councilman – all wards – 1-6 Town of Alabama
  • Town Supervisor
  • Town Clerk
  • Town Justice
  • 2 Council seats
  • Highway Supt.

Town of Alexander

  • Supervisor Town Clerk
  • 2 Council seats
  • Highway Supt.

Town of Batavia

  • 2 Council seats

Town of Bergen

  • Town Clerk Town Justice
  • 2 Council seats
  • Highway Supt.

Town of Bethany

  • Supervisor Town Clerk
  • 2 Council seats

Town of Byron

  • Supervisor
  • 2 Council seats
  • Highway Supt.

Town of Darien

  • Supervisor Town Justice
  • 2 Council seats
  • Highway Supt.

Town of Elba

  • Town Clerk
  • 2 Council seats
  • Highway Supt.

Town of LeRoy

  • Supervisor Highway Supt.
  • 2 Council Seats
  • Town Clerk
  • Town Justice

Town of Oakfield

  • Town Clerk
  • 2 Council seats
  • Highway Supt.

Town of Pavilion

  • Supervisor
  • Town Clerk
  • 2 Town Justice seats

Town of Pembroke

  • Supervisor
  • Town Clerk
  • Town Justice
  • 2 Council seats
  • Highway Supt.

Town of Stafford

  • Supervisor
  • 2 Town Justice seats
  • 2 Council seats 

City Fire annual report: Call volume up 11.6 percent

By Press Release

Press release:

As 2022 has drawn to a close, the City of Batavia Fire Department has evaluated the services and programs provided throughout the year.  The annual evaluation of calls for service metrics, training and citizen outreach is part of the department’s continuous quality improvement process.

While the COVID-19 pandemic continues to affect people around the world, City Fire operations have been able to roll back COVID-19 protocols and operate in a Post Pandemic “normal status.”

“I am honored to lead the City of Batavia Fire Department.  In my first few months of employment, I have been working to bring the department to full staffing, analyzing the condition of the fleet, and meeting with command staff and firefighters to listen to their ideas and concerns.” 

“The number one priority of the Department is life safety, followed closely by protecting property and the environment. The professionals that make up this department will continue to train and serve to the highest of standards”

“Below, please find the year-end summary for 2022 and thank you for your continued support of the City of Batavia Fire Department,” said Josh Graham, City of Batavia Fire Chief.

Total alarms for 2022, 2669

  • Fires, 59
  • Overpressure Rupture, Explosion, Overheating, 15
  • Emergency Medical Services, 1,940
  • Motor Vehicle Accidents, 51
  • Pedestrian Struck, 14
  • Extrication (vehicle, machinery, building), 2
  • Elevator Rescue, 4
  • Ice/Swift Water Rescue. 2
  • Hazardous Conditions, 80
  • Service Calls, 111
  • Good Intent Calls, 126
  • Fire / Carbon Monoxide Alarm Activations, 308
  • Severe Weather, 2
  • Special Incident Type, 11
  • Mutual Given, 23
  • Mutual Received, 15

Fire Prevention

  • Fire prevention programs, 31events, 104 adult / 2124 children Points of Contact  (Includes: station tours, fire drills, and school visits)
  • Fire Extinguisher Trainings, 19 events, 691 points of contact
  • Smoke Alarm / CO alarm installs, 29
  • Smoke alarm / CO alarm battery replacements, 21
  • Juvenile Fire Setter Interventions, 2
  • Car Seat installations/inspections, 158

Fire Inspection/Code Enforcement

  • Special Events Inspections, 80
  • Commercial Building Inspection, 334
  • Multi-family Dwelling Inspections, 38

General Information

  • Busiest Month, December (234)
  • Busiest Day, Tuesday (375)              
  • Busiest Time of Day, 1000 – 1059 hrs. (160)
  • Slowest Month, January (150)
  • Slowest Day, Sunday (280)
  • Slowest Time of Day, 0400 – 0459 hrs. (38)

City Response Time (Time of Dispatch to on-scene arrival)

  • 10 minutes or less, 99 percent
  • 8 minutes or less, 97 percent
  • 6 minutes or less, 90 percent
  • Two or more calls for service simultaneously, 519

Overall, the total call volume for the year was up by approximately 11.6 percent. 

“I accepted this position after being impressed with my research on the department as well as the City, and neither has let me down. The individuals that make up the City of Batavia Fire Department continue to be some of the most professional and competent people I’ve had the pleasure of serving with. In addition to this group, I’d like to say thank you to the other City of Batavia departments, leadership, Genesee County partners, dispatchers, City of Batavia business owners, residents and local media outlets for all of their support and dedication,” said Fire Chief Josh Graham.

Byron-Bergen awarded agriculture education grant

By Press Release

Press release:

Byron-Bergen Agriculture Teacher Jeffrey Parnapy was awarded a $1,700 grant through New York FFA’s Incentive Grant Funding Program to support agriculture education and the local FFA chapter. The Byron-Bergen agriculture initiative was designated by the Cornell University affiliated program as a “high-quality growing program”. Agricultural education at Byron-Bergen was spear-headed by Parnapy in 2017 after being removed from the curriculum in the 1980s. He is certified in Agriculture Education and received support to launch agriculture classes and the local FFA chapter by then Jr./Sr. High School Principal Pat McGee.

Now as Superintendent, McGee continues to support agriculture education. “Byron-Bergen is a rural community,” said McGee. “It is a testament to Parnapy’s enthusiasm for the subject and the community support that in just six years, Byron-Bergen has developed a thriving agriculture program.”

Since its launch six years ago, Parnapy has been awarded multiple grants totaling over $30k to support agriculture and science education, the Byron-Bergen FFA chapter, and hands-on agricultural learning experiences. The latest grant will be used to pay annual FFA dues, fund Parnapy’s participation in the NYAAE conference at Cornell, and update classroom lab technology such as data loggers. 

Photo by Gretchen Spittler 

Hunt Real Estate looks to grow upward: special use permit up for review

By Joanne Beck

Things are looking up again in downtown Batavia.

A request to revise the current commercial zoning district at 97 Main St. and convert the second and third floors to residential use with the construction of four apartments is up for review during the city’s Planning and Development Committee meeting this week.

It’s set for 6 p.m. Tuesday in the Council Board Room of City Hall.

Applicant David Rowley of VJ Gautieri Constructors has applied for a special use permit on behalf of property owner Peter Hunt.

Hunt purchased 97 Main St. in January of 2022 and listed apartments as a future goal for the property after getting lower floor renovations completed at the site at the corner of Main and Jackson streets. At the time, he said the new space will have room — an estimated couple of thousand square feet on each of three floors — for growth of personnel and offices, and an apartment on each of the second and third floors. He cited the "high ceilings and beautiful windows" that would make the property a great work and living space.

According to related agenda materials, he has requested to build two apartments on each of the second and third floors.

The meeting agenda includes a review of the application, a public hearing and discussion about the request, and action by the board. The property is currently zoned C-3, which is for commercial use, and the request is to rezone it for R-2, residential use.

There are other properties downtown that have been converted in a similar fashion, with first floors used for retail and commerce purposes and upper floors as office and residential space.

Supplemental materials for the request state that:

  • One each waste and recycling totes would be provided per apartment in the alley behind the building;
  • Off-street parking would be available adjacent to the intersection of Jackson and Ellicott streets in an area designated for overnight parking;
  • A dumbwaiter on the south side of the building in the alley could be used for hauling up groceries and other heavy objects; and
  • An entrance on Jackson Street is being updated for security.

An estimated cost of work has yet to be determined.

The second item on the agenda is a request from Brad Trzecieski, owner of 327 Ellicott St., Batavia, to make exterior alterations to his mixed-use building located within the central commercial district of the Business Improvement District on the south side of downtown.

File photo of when Hunt Real Estate celebrated its new Batavia home at 97 Main St., by Howard Owens.

Shine a light on the star in your life at Crossroads 25th gala

By Joanne Beck

Is there someone who’s the star in your life? They may still be with you, or maybe they've passed. Either way, if their light has been a bright spot that you’d like to recognize, Crossroads House staff is selling tribute stars to memorialize or honor someone special during the nonprofit’s Red Carpet Gala on Jan. 28.

Buy a star (or more) for $25 each, and it will line the red carpeted walkway during the Crossroads 25th-anniversary event. They may be purchased at the house, 11 Liberty St., Batavia, or online at crossroadshouse.com, and do not need to be named after someone who stayed at the comfort care home.

Tickets for the gala dinner are also available for $75 each and include dinner, entertainment, three types of auctions, a 5X7 photo for each couple or group, and $15 Free Play. Doors open at 5 p.m. Jan. 28 at Batavia Downs, Park Road, Batavia.

A VIP sponsorship is $1,000 for a table of eight, and also includes an hour of open bar at 4 p.m., special seating and company advertising throughout the evening.

Auction items include spa packages, romantic getaways, a recliner, and diamond earrings, just to name a few, Director of Development Vicki Johnson said. And people that purchase stars do not need to be attendees of the gala, she said.

Johnson recommends reserving your spot soon, as the event ticket deadline is Friday. Stars may be purchased up to the date of the event.

For more information, call 585-343-3892.

Photo of Crossroads House Director of Development Vicki Johnson showing examples of stars available for the nonprofit's 25th Red Carpet Gala. Photo submitted.

Alabama's Firefighter of the Year made a big impression during Winter Storm Elliott

By Howard B. Owens

Winter Storm Elliott blew into the Town of Alabama again on Saturday night, this time in the form of memories and accolades for first responders during the Alabama Volunteer Fire Department's annual installation and awards banquet. 

Alabama Fire sheltered 40 people during the storm, among them the district's own president, Wendy Allen-Thompson, who stopped at the fire hall after she couldn't make it home in the storm.  She helped organize the storm response at the shelter. She was impressed by the response of department members as well as the stranded travelers she met during the storm.

"It's a memory of my Christmas and my birthday that I will never forget as long as I live," Allen-Thompson said. "I'm so happy I had the privilege of being a part of it."

Joe Bradt, manager of the Alabama Hotel, which also sheltered travelers during the storm, presented a check to the department for $2,500 -- the amount of money donated by the travelers who rode out the storm at the Hotel.

"What you guys did, I mean, we were there, and we were open, and we fed the people, but you guys got them there," Bradt said."That meant more to us than anything else."

The department received 369 dispatches in 2022, said Chief Gary Patnode. There were only two house fires.  Winter Storm Elliott was by far the biggest event of the year for the small, all-volunteer fire department.

It was a storm that was hard emotionally on firefighters, who, by instinct and training, rush to help people.  Alabama's members felt overwhelmed at times, as the storm raged and whiteout conditions prevailed, throughout the northwest portion of Genesee County, the chief said.

"When we get the call, and you know that there are 150 open 9-1-1 calls for vehicles that need to be cleared, and you can't see your hand in front of your face, you get overwhelmed with that helplessness feeling," Patnode said. "It's just because we're all Type-A personalities. We want to help people, and when you can't physically see to go out where it's safe, you feel helpless."

But Alabama's volunteers were ready and willing to give a rescue a try every chance they got, Allen-Thompson said. 

"I can't even begin to describe the heroism of these guys,"  Allen-Thompson said.  "You couldn't see anything. You couldn't drive. We were getting phone calls from stranded motorists. We had a bunch of them here that were stranded. People were calling 9-1-1, and they weren't getting help as fast as they wished they could, for obvious reasons, and so they just started looking up the number for the fire hall, and they were calling us. Rob (Crossen) would take the call, then another call, and then another caller. And he'd look at me, and I'd look to him, and I think we were all just getting pretty scared that people were gonna literally perish out there in their cars. So it was quite an experience, to say the least. We had people outside working, all these guys were out there in the cold, turning red, beet red, working on trying to help people, and they go out and bring a couple people back."

Crossen was tireless in his efforts, Allen-Thompson said, rescuing seven people, driving his truck with the driver's door open, one foot on the running board, peaking through space between the open door and the windshield to help improve the visibility as he drove.

He and the other volunteers brought back all kinds of people -- people from China, from Canada, from Russia, and other foreign lands. 

"We were a melting pot, which is unusual for this area for us," Allen-Thompson said. "I really enjoyed that a lot. I learned a lot. The one guy specifically who made the best rice I've probably ever eaten."

There was one man who was particularly impressed by Crossen.

"Rob kept going and going, and I still remember because it surprised me when a man said, 'you know about Rob Crossen? and I said of course,' but that really got my attention," Allen-Thompson said. "'Yeah, I think I do.' He said, 'Wendy, Rob told me he is 77 years old.' I was like, I couldn't believe it, and he said, 'Yes, Rob told me several times he is 77, and he was driving to save us.'"

Crossen's efforts during the storm are one reason he was named Firefighter of the Year.

Photos by Howard Owens.  Top photo, Todd Thompson and Ryan Thompson present Rob Crossen with the Firefighter of the Year Award.

Jerry and Karen Johnson, along with their three children, were special guests of the department for the dinner. The family sheltered 20 stranded travelers during the storm.

Karen said events started for them around 4:30 p.m. on Friday when a State Trooper knocked on their door.  His vehicle had been stuck in front of his house for five hours and he only just realized there was a home at his location.

"He goes, 'we got several strange motorists out here.' I said, 'Well, we have a heated shop if they need somewhere to stay, please bring them in.' And he was like, 'well, we're not at that point yet.'"

About an hour and a half later, he said he needed to start bringing stranded motorists to the Johnson's shop.

"One of them was literally at the end of our driveway for five and a half hours, and we didn't even know," Karen said. "We couldn't see him, couldn't hear him."

By the end of Friday night, there were 22 people in the shop plus two state troopers.

"We're like, 'what are you gonna feed these people?' Karen said. "We'll do the best we can, you know. Unfortunately, that night they had a dinner of macaroni and cheese and frozen pizza."

Like other shelter locations, the travelers came from many parts of the world.

The Johnson's children helped entertain the children who came to the shop.

"There was a little girl who was seven years old," Karen said. "She and her family, there were six of them, they were on their way to Hawaii. She got to go in the house most of the time. She played games. My children kept her occupied.  When it came time to go, she looked sorry.  She looked at her dad, and she goes, 'This was better than going to Hawaii.'"

There was a bit of a Christmas miracle in the Johnson household during the event, Karen revealed.

"For the first time, my kids pulled together for three days," she said. "No arguing."

For The Batavian's complete coverage of Winter Storm Elliott, click here.

Gary Patnode and Wendy Allen-Thompson receive a $2,500 check from Joe Bradt, general manager of the Alabama Hotel.

See also: Alabama has its own Christmas story to tell, and stranded travelers aren't 'home alone'

The Indian Falls Volunteer Fire Department was recognized with the Service Award, presented by Chief Gary Patnode. The award was in recognition of the support on mutual aid calls provided by Dave Olsen, LuAnn Mileham, Chief Ed Mileham, and Matt Delre (not pictured) as members of the Indian Falls department.

"Alabama Fire, like many other agencies, struggles to answer 9-1-1 calls during the day," Patnode said. "For many years these individuals have played a vital role in Alabama Fire being able to respond and answer your calls while providing the necessary patient care until the ambulance arrives."

See also: County's smallest department kept travelers fed, warm, and safe during Winter Storm Elliott

Terry Thompson presented the EMS awards to Mark Smith and Brianna Smith.

Brianna Smith received the "Rising Star" award from Wendy Allen-Thompson.

Sydney Eick was honored for 50 years of service to the department, which included a proclamation from Assemblyman Steve Hawley, and for responding to the most calls in 2022. 

Assemblyman Steve Hawley administered the oath of office to the elected and appointed officers of the Alabama Volunteer Fire Department.

Elected:

  • President, Wendy Allen-Thompson
  • Vice president, Joseph Uhrinek
  • Chief Gary P. Patnode
  • Treasurer Tony Mudrzynski
  • Secretary, Leah Thompson
  • Board of Directors: Richard Brunea, Henry Mudrzunski, Gary L. Patnode, Allison Thompson, Ryan Thompson
  • Bell Jar Secretary, Clayton Fry
  • Hall Steward, Terry Thompson

Appointed: 

  • Deputy Chief, Sid Eick
  • 1st Assistant Chief, Terry Thompson
  • 2nd Assistant Chief, Ryan Thompson
  • Captain, Todd Thompson
  • EMS/Fire Captain, Richard Brunea
  • EMS Captain, Brianna Smith
  • EMS Lieutenant, Mark Smith
  • Fire Police Captain, Henry Mudrzynski

Henry Mudrzynski gave a talk on the history of the department, which included showing off the bylaws from 1950.

Here's a video produced the Town of Alabama Highway Department about the storm.

Brush fire next to residence reported on Horseshoe Lake Road

By Howard B. Owens

A brush fire three feet from a residence is reported at 5465 Horseshoe Lake Road, Stafford.

According to a caller, there was an attempt to start a campfire, and the bushes caught on fire.

Stafford Fire dispatched.

UPDATE 8:35 p.m.: It's a small fire down in a raven.

UPDATE 8:50 p.m.: The fire is out.

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