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Alexander secures narrow win over Batavia in Scholastic Bowl match

By Howard B. Owens

Alexander edged out Batavia 260 to 240 points in Thursday's first match of the Scholastic Bowl at Genesee Community College. 

In the high-scoring match, Le Roy also tallied 190 points for third place.

In the second match, Akron beat Pavilion 340-90.

GOW Opioid Task Force members encouraged to 'stay the course'

By Mike Pettinella

On a national level, the number of deaths from opioid overdoses has decreased over the past two years, but that trend doesn’t give the nearly 450 members of the GOW Opioid Task Force any reason to relax their efforts in Genesee, Orleans and Wyoming counties.

That was the message communicated by the coalition’s leaders on Wednesday during their quarterly meeting at the Quality Inn & Suites on Park Road in Batavia. About 100 people representing a cross-section of organizations from the three counties attended.

“We’ve seen a 5 percent decrease from 2017 (in the number of opioid-related deaths) and that’s a positive thing … but we need to stay the course, even if the numbers are going down,” said Paul Pettit, public health director of Genesee and Orleans counties.

Pettit’s statement is especially true when considering the data from the GOW counties, particularly Genesee, which had an opioid overdose death rate of 36.2 per 100,000 people in 2017 – one of the highest in the United States.

That number went down to 21.1 in 2018, but in Orleans County the rate rose from 17.1 to 29.5 from 2017 to 2018 while in Wyoming County the rate stayed the same at 27.

The opioid epidemic started due to physicians’ overprescribing drugs such as Oxycodone, Pettit said, and evolved into serious problems with heroin and fentanyl after laws were passed that restricted access to the prescription drugs.

Drug overdoses resulted in nearly 800,000 deaths to Americans from 1999 through 2018, including 47,590 from opioids in 2018 alone, Pettit reported.

Pettit applauded the work of the GOW Task Force which has taken on the crisis by pooling the resources of the three counties and developing six “work groups” that meet on a regular basis – Access to Care, Community Education, Data, Family/Loved Ones/Allies, Law Enforcement and Naloxone.

He also noted the significance of funding provided by the Greater Rochester Health Foundation.

“The funding is very important in that it enabled the task force to hire someone (a project coordinator) with a dedicated focus,” he said. “They see the value in what we are doing.”

The meeting also featured reports from the chairpersons of the work groups and task force evaluators, updates from the GRHF President Matthew Kuhlenbeck and GOW Task Force Coordinator Christen Ferraro, and a summation of the state’s new bail reform law by Wyoming County District Attorney Donald O’Geen (see story below).

Access to Care – John Bennett and Rosalie Mangino-Crandall, executive director and project director, respectively, at Genesee/Orleans Council on Alcoholism and Substance Abuse and Holli Gass, clinic director at Spectrum Health and Human Services, outlined the numerous services and programs that have been instituted in all three counties – programs such as expanded jail services, childcare for patients, crisis housing and certified peer recovery advocate training.

Bennett also said that a 16-bed detox center and recovery recreation center in Batavia and a 25-bed women’s and children’s residence in Albion are on the horizon (with the recovery center at the former Bohn’s Restaurant expected to open by the end of February).

Community Education – Sherri Bensley, a GCASA employee, explained the role of this work group is to facilitate the task force meetings, including setting up venues, speakers and vendor tables, and to coordinate media campaigns with the three county’s hospitals.

Specific ongoing projects are educating the senior population about opioids and the handling of prescription medications and assisting the task force in distributing “Dispose Rx” packets.

Data – Brenden Bedard, Genesee County director of community health services and deputy public health director for Genesee and Orleans counties, said the role of the evaluators is to ensure that task force initiatives are data-driven, to get that data to the community and to use the data to support grant applications.

In addition to the county overdose death rates mentioned above, he reported that there were 23 opioid overdose deaths in the three counties in 2019 – down from 38 the previous year – and that Naloxone (Narcan) administration – given to those who are overdosing from opioids -- has decreased in all three counties since 2017.

Bedard also said that more than 2,000 pounds of prescription drugs were collected during “take back days” in both 2018 and 2019.

Families, Loved Ones and Allies – Sue Gagne, coordinator of the Recovery WOW program, said that the goal of her work group is to support families of those in active addiction or recovery and families of those who have died as a result of drug use.

She reported that the group plans another Overdose Awareness Day this summer at Austin Park.

Law Enforcement – Batavia City Police Chief Shawn Heubusch touted the tri-county law enforcement collaboration on projects such as drug drop-off and jail programs, and participation in the Police Assisted Addiction and Recovery Initiative that creates non-arrest pathways to treatment and recovery.

Naloxone – Chairperson Charlotte Crawford reported that more than 1,300 people have been trained in the use of Narcan, including all of the peer recovery advocates.

A video, “Narcan After Care,” can be viewed on the GOW Opioid Task Force website at https://www.gowopioidtaskforce.org/.

Tom LaPorte, Ph.D., research scientist with the Center for Human Services Research, University of Albany, said that evaluation objectives include reaching 1,800 users per year with opioid information, deploying peers or recovery coaches to assist 90 percent of opioid patients and increasing the number of people trained to administer Narcan by 500 per year.

“This provides us with useful feedback that providers of services can use for data-driven decision-making,” he reported.

In closing, Kuhlenbeck and Ferraro spoke of the importance of making sure grants were available for programs in rural counties, and set goals as follows:

-- Establish and implement policies and protocols at United Memorial Medical Center, Orleans Community Health/Medina Memorial Hospital, and for contacting Peers/Wyoming County Community Health System Recovery Coaches on call every time a person arrives at the emergency department due to opioid use.

-- Establish a three-prong approach: peers called, bridge scripts are given, and naloxone training is provided.

-- Schedule and conduct doctor-to-doctor trainings and conversations in each county on opioids, non-opioid pain management alternatives, and limiting opioid prescription writing.

-- Conduct at least two community education events around non-opioid pain management alternatives, and create and publish two press releases or news articles on non-opioid pain management alternatives.

-- Communicate with Buffalo and Rochester hospitals to share policy best practices and advocate for and locally lead action toward improvements.

The next quarterly meeting of the GOW Task Force is scheduled for April 23 at a site to be determined.

Photo above: Taking part in Wednesday's GOW Opioid Task Force meeting were, from left, Christen Ferraro, task force coordinator; Donald O'Geen, Wyoming County district attorney; Paul Pettit, public health director of Genesee and Orleans counties; Laura Paolucci, Wyoming County public health administrator, and Matthew Kuhlenbeck, Greater Rochester Health Foundation president.

Disclosure: Story written by Mike Pettinella, GCASA publicist.

Wyoming County DA: Bail reform law limits access for those in addiction

By Mike Pettinella

The Wyoming County district attorney on Wednesday spoke out against New York State’s new bail reform rules, stating that they will adversely affect law enforcement’s efforts to assist those struggling with drug addiction.

Speaking at the GOW Opioid Task Force quarterly meeting at the Quality Inn & Suites in Batavia, Donald O’Geen said that state lawmakers’ decision to require automatic appearance tickets or “released on own recognizance” status for all misdemeanor and non-violent felonies means that many who are using opioids or other drugs won’t have access to treatment programs provided in local jails.

“This law takes us back to where we we’re 30 years ago,” he said, adding that the powers-that-be in Albany passed these new rules without the input of the police agencies or attorneys who deal with crime on a regular basis.

Bail now can only be set on certain qualifying offenses, such as first- and second-degree assault, rape, manslaughter, sexual abuse, but suspects must be set free for crimes such as second-degree burglary, grand larceny, non-violent homicides and, according to O'Geen, "every single drug case.”

“We want to treat the users, but you have to (be able to) get after the dealers,” he said.

O’Geen said the reform measures are based upon a “false narrative” – that poor people are languishing in jail because they can’t make bail.

“That is definitely not true,” he said. “The ones incarcerated are the flight risks and those who present risks to public safety.”

The district attorney also noted that the time restrictions to turn over documents to defense lawyers – in most cases, 15 days – put a huge burden on police, district attorneys and labs.

“This is not CSI New York. You don’t go to a commercial break and the labs (results) are done,” he quipped.

He said that the new rules, which took effect on Jan. 1, have created a “lawlessness system” where many of those charged don’t show up for their court appearance.

“If they don’t show up, we have to send a second notice,” he said. “If they fail to appear again, we have to wait another 48 hours and send out another notice before we can issue a warrant for their arrest.”

O’Geen said pressure is being put on Gov. Cuomo to modify the law, but criticized the State Assembly for “holding fast” to the current provisions.

“I think the only way it will happen (modifications) is through his budget,” he said. “That’s how it passed in the first place.”

According to a Siena College poll released on Tuesday, more New Yorkers are taking O’Geen’s view.

The poll found that 49 percent of respondents said the changes were bad for New York while 37 percent said they were good for the Empire State, a far cry from April 2019 poll numbers that showed that 38 percent said it would be bad and 55 said it would be good.

Disclosure: Story written by Mike Pettinella, GCASA publicist.

Cuomo planning to shift $800,000 in local revenue from Batavia Downs to state government

By Howard B. Owens

Another proposal by Gov. Andrew Cuomo to shift local revenue to the state coffers has come to light: Cuomo is proposing eliminating the local share of video terminal lottery money from facilities such as Batavia Downs. 

That would mean a $440,000 loss in revenue for the City of Batavia, $200,000 for Genesee County and $160,000 for the Town of Batavia.

Local officials are not pleased.

County Manager Jay Gsell has a laundry list of complaints about new mandated expenses in funding. This is just an extra burden for the county to shoulder.

Gsell said what he called a "bait and switch" on Aid to Municipalities funding where county sales tax proceeds will replace direct state aid, cuts in community college aid, and no reimbursement for early voting expenses.

"NYS counties will be gathering in Albany next Monday through Wednesday to gain more insight and develop resolution and position papers for the upcoming 2020 NYS legislative session," Gsell said. "The sentiment so far coming from the executive branch is disheartening and discouraging and fraught with peril from my perspective only three weeks into the new Genesee County budget year."

City Manager Marty Moore said the news of the VLT cuts comes at a bad time -- just as the city is wrapping up its own budget process.

"The loss of the VLT money is tough considering we balance the general fund to the penny," Moore said.  "Our feeling is obvious -- please put it back."

He called on state officials to enter into some dialogue and communication with local governments and listen to the impact the cuts will have locally.  

Since Batavia Downs doesn't pay any local property tax, the VLT money helps offset the expense of hosting the facility in the county, the town, and the city.  The facility needs support for crowd control at major events, police protection, fire protection, health and safety support, along with the roads that get people to and from the gaming casino.

"I do think it's important that our operations are supported by the money that comes along with it to help pay for some of the expense," Moore said.

In a budget statement, the governor's office justifies the cuts by the suggestion that local municipalities receive more in "VTL Impact Aid" (the formal name of the program) than it costs to host the facility.

This category of State aid was created to support assumed local service needs associated with hosting VLT facilities, but the revenue benefits of hosting a facility outweigh any associated costs. Further, not all municipalities that currently host VLT facilities receive aid through this program and the State does not provide additional "impact-type" aid for other types of facilities which may have similar local public service impacts as VLT facilities, including community colleges, SUNY campuses, and State office buildings. Accordingly, the Executive Budget eliminates VLT Aid outside of Yonkers, which is the only municipality receiving this aid to direct the funds to educational purposes.

It's been a point of pride for Western OTB officials for years that the facility supports the counties that oversee the facility with VTL money. 

Henry Wojtaszek, Western OTB CEO, said he will be closely monitoring the proposal.

"We work well with local governments and understand that these VLT aid monies substantially help them," Wojtaszek said. "We hope that local elected representatives will listen to the concerns of our host municipalities and work towards the best possible outcome."

Both State Senator Michael Ranzenhofer said they will work to protect the local share of VTL funds.

"This cut in aid is unacceptable," Ranzenhofer said. "At a time when the governor is proposing more unfunded mandates on our local governments, these reductions will have devastating impacts on our local taxpayers.  The governor is attempting to fill the budget deficit, that he created by overspending, through cutting crucial funding to Genesee County communities."

Hawley said, "The Governor needs to look toward actually cutting spending (that’s what real families and businesses do). We have a self-inflicted $6.2 Billion deficit (we spent that more than we took in). Why in the world would he look to take money that is shared with our local communities (which helps keep our local taxes lower than they would be without this money)? He’ll be hurting our local communities."

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Colleagues in county government wish retiring Ruth Spink a fond farewell

By Billie Owens

Submitted photo and press release:

Ruth Spink attended her last monthly management meeting Jan. 15th before retiring from the Genesee County Office for the Aging where she served as director.

Before reading a retirement commendation, Genesee County District #9 Legislator Gary Maha shared memories of when he met Spink years ago.

County Manager Jay Gsell thanked Spink for her dedication to ensuring quality, relevant services were provided to Genesee County’s senior and disabled population. He went on to say, “Ruth recognized the value of older adults, their wisdom and experience, and worked tirelessly to embrace the positives of aging.”

Spink began her employment with OFA as the aging services specialist in 1994 and was promoted to services administrator in 2001.

She went to work at the Genesee County Nursing Home as a supervisor before returning to OFA in 2006 where her vision for the department was to become more of a long-term care support system for the county, as well as a resource for information and referral. Spink took great care to empower OFA employees and began an informal cross-training program to allow employees to learn aspects of different jobs.

Nearly all County department heads and supervisors were on hand to congratulate Spink. It was bittersweet for all who heard for the last time how much she loved working for Genesee County.

Top photo, from left, Legislator Gary Maha, OFA Director Ruth Spink, Legislature Chair Rochelle M. Stein, Legislator Gordon Dibble.

City employee shows the mall a little love, wrapping drip buckets in Valentine's paper

By Howard B. Owens

At Christmas, an enthusiastic city employee who thought the drip buckets in the mall wasn't a great look for the holidays, took it upon himself to put wrapping paper around the canisters.

With the holiday passed but his spirit undaunted, the employee recently wrapped the buckets in Valentine's Day paper. The employee is doing this at his own expense.

Still, Director of Public Works Matt Worth is concerned that some people might make negative comments about the employee so the employee is remaining anonymous. 

"Hopefully, this is the last hurrah for the buckets," Worth said. "We're going to get a new roof and the buckets are going to go away."

Reader-submitted photo.

Law and Order: Batavia man charged with three felony counts of possession of child sex acts

By Billie Owens

James E. Tripp, 58, of Batavia, is charged with three counts of possession of a sexual performance by a child, a Class E felony. The incident allegedly occurred Oct. 13, 2017 and he was arrested by NYS Police Troop A in Batavia on Jan. 21 and arraigned at 10:08 a.m. in Town of Batavia Court. He was issued an appearance ticket for a later date, unspecified, in Batavia Town Court.

Kyle A. Mancuso, 27, of Ellicott Street, Batavia, is charged with: unlawful imprisonment; harassment in the second degree; and criminal mischief in the fourth degree. Mancuso was arrested Jan. 19 following an investigation of a domestic complaint that occurred that morning at 3:29 a.m. on Ellicott Street in Batavia. He was arraigned in Batavia City Court and was due there again today (Jan. 23). The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Brian J. Miller, 38, of Harvester Avenue, Batavia, is charged with: second-degree harassment; criminal mischief; and criminal obstruction of breathing. Miller was arrested after a Jan. 12 domestic incident on Harvester Avenue. He was arraigned in Batavia City Court, released on his own recognizance, and is due back in court Jan. 30. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Johnathan Brice White, 27, of Buffalo Street, Bergen, is charged with falsifying business records in the first degree and criminal contempt in the second degree. On Jan. 23, White was arrested. It is alleged that White made a false entry into the business records at Genesee County Jail by using the personal identification number belonging to another inmate. It is also alleged that White's intention to defraud was to conceal his identity while violating an order of protection. He was issued an appearance ticket for Jan. 28 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Phillip P. Heale, 41, of Woodrow Road, Batavia, is charged with second-degree criminal contempt. Heale was arrested Jan. 15. He is accused of violating an order of protection barring him from contacting the protected party at 11:27 p.m. Jan. 15 on Washington Avenue in Batavia. He was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Peter Flanagan.

Franklin Dean Cook, 37, of Ridge Road, Elba, is charged with first-degree criminal contempt. He was arrested Jan. 22 on an arrest warrant out of Elba Town Court that was issued Jan. 15. It is alleged that on Jan. 8 on Ridge Road in Elba that he violated a stay away order of protection. He was arraigned in Elba Town Court and is due back in court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Andrew Mullen.

Travis James Schultz, 31, of Webber Avenue, Oakfield, is charged with driving while intoxicated -- first offense, and refusal to take breath test. Schultz was arrested following an investigation of a hit and run accident that occurred at 12:59 a.m. Jan. 19 on West Main Street in Batavia. Police located the suspected vehicle involved and arrested Schultz, who was released with appearance tickets. He is due in Batavia City Court on Feb. 5. The case was investigated by Batavia Police Officer Nicole McGinnis, assisted by Officer Sean Wilson.

Christopher M. Sims, 31, of Batavia, address not provided, was arrested by Wyoming County Sheriff's Deputy William Asquith on Jan. 21 on Silver Lake Road in the Town of Perry. Sims was allegedly found to be operating his vehicle while the registration was suspended for an insurance lapse. He is charged with operating a vehicle with a suspended registration. Sims was released on an appearance ticket for Town of Perry Court and he is due there at a later date (unspecified).

McMurray condemns potential pardon of Collins

By Howard B. Owens

Press release:

Nate McMurray, Democrat running in the special election in NY-27, issued the following statement criticizing the rumored presidential pardon for disgraced former Congressmember Chris Collins, who resigned from Congress following pleading guilty to felony insider trading. Collins was sentenced to 26 months in prison on Friday. So far, 14 Trump aides, donors and advisers have been indicted or imprisoned.

“President Trump should not further the injustice inflicted on Western New York," McMurray said. "His own Justice Department pursued this case and won a sentence that includes prison time for Mr. Collins, a convicted felon. This should not be a Democratic or Republican issue; I urge all Republican candidates in this race, elected officials, and party leaders to stand unified in defense of the rule of law in America.

"Collins was a wealthy politician who acted as if laws don’t apply to him. We all need to tell him that America's laws apply to everyone. He must pay his debt to society and not have it wiped away because of his political support for the president. I know that these are the same Republican insiders who enabled and protected Collins, long after we all knew he was guilty while working people paid for his salary and pension. Now is the time for them to do what’s right. Join me.”

Public Health Column: January is Radon Action Month

By Billie Owens

Public Health Column from the Genesee County Health Department:

January is Radon Action Month! Did you know that radon is a naturally occurring, radioactive gas? It has no smell, taste, or color. Radon forms from the breakdown of uranium in soil, rock, and water and circulates into the air you breathe.

When radon is formed under homes and buildings, it can penetrate through cracks in the foundation, leading to high levels of radon, especially in enclosed areas.

Sarah Balduf, Environmental Health director of Genesee and Orleans counties, explains how easily radon can seep into your home.

“Radon can enter your home through cracks in the foundation, walls, joints, dirtfloors, opening of a sump pump, in well-water supply, and from gaps around suspended floors and pipes.," Balduf said. "Any home can have high radon levels, whether it is old or new, has a basement or is built on a slab.”

It is understandable how this colorless, odorless gas can go unnoticed. If high levels of radon in your home are undetected for an extended period of time, the risk for developing lung cancer can occur.

According to the Environmental Protection Agency (EPA) radon is responsible for more than 20,000 lung cancer deaths per year. Radon is the leading second leading cause of lung cancer in the United States after smoking and the leading cause of lung cancer among non-smokers.

“However, because you can’t see or smell radon, people tend to downplay the health effects and ignore the possibility that there might be a silent killer in their homes” says Balduf.

Testing homes for elevated levels of radon is simple and inexpensive. Radon test kits can be purchased at local hardware and home improvement stores or directly from the New York State Department of Health website for $11 (click here).

If test results come back and the radon levels in your home are greater than 4 picocuries per liter of air [pCi/L], a certified radon mitigator can install a radon reduction system in your home.

To learn more about the Genesee County Radon Program, please call the department at 585-344-2580, ext. 5555, or visit here.

Newly renovated Notre Dame High School to hold open house Jan. 30

By Billie Owens

Press release:

Have you seen the new Notre Dame High School? Notre Dame High School will be holding an open house for new and prospective students from 6 to 8 p.m. on Thursday, Jan. 30th.

Come see what the #1-rated high school in the GLOW region has to offer!

Hear about our academic program, fine arts, athletics and inclusive education, meet our staff and tour our newly renovated school.

All eighth- through 12th-grade students and parents/guardians are welcome!

The school was founded in 1951. It a private, Roman Catholic high school within the Diocese of Buffalo. It is located at 73 Union St. in the City of Batavia.

Notre Dame and Pembroke win Wednesday's Scholastic Bowl matches

By Howard B. Owens

In the Scholastic Bowl on Wednesday night, Notre Dame won the first match with a score of 270.

Alden scored 200 and Oakfield 160.

In the second match, Pembroke scored 230 points, edging out Attica with 210. Elba came in third with 90 points.

Submitted photos and information.

Under new state rules, man accused of attempted murder goes from no bail to $100K bail

By Howard B. Owens
         Plush Dozier

Plush Kevin Dozier, a 23-year-old Monroe County resident facing a possible lengthy prison term on arson and attempted murder charges, now has a chance to make bail after appearing in Genesee County Court today for the first time in 2020.

New state rules on bail for defendants who have not yet been convicted of a crime took effect Jan. 1, requiring judges to release detainees without bail unless they're accused of a qualifying offense. In those cases, the judge must set the least restrictive amount of bail or bond possible. 

What is "least restrictive" is for the judge to decide.

Dozier is charged with qualifying offenses but is now entitled to some opportunity to make bail.

In this case, Judge Charles Zambito set bail at $100,000 cash, $100,000 bond, or $200,000 partially secured bond.

Previously, Dozier was held without bail, and since his arrest in June, Dozier's confinement has been eventful. He reportedly became more than the Genesee County Jail could handle, so he was transferred to Attica, where he was reportedly held in solitary confinement.

During his confinement, Dozier allegedly damaged jail property and a patrol vehicle, following an outburst in court, and is facing new criminal charges stemming from those alleged incidents.

Dozier is accused of setting a fire at a residence on Maple Street, Batavia, on June 15, and attempting to kill one of the residents there.

The bail review for Dozier followed a hearing where defense attorney Thomas Burns challenged the sufficiency of the grand jury hearing that led to Dozier's indictment on attempted murder and arson. The hearing in July 2018 was during a period of time when a court stenographer was improperly making audio recordings of grand jury proceedings.

The stenographer was using a device on her machine that allowed an audio recording to activate while she typed on her stenography machine. Even though she has 33 years of experience as a court reporter, the technology she was using was fairly new and the issue had never been raised with her before.

The fact that she was recording the proceedings was discovered by happenstance when Assistant District Attorney Shirley Gorman inquired about a transcript on a particular case and the stenographer mentioned she had an audio recording she could check. Gorman immediately informed District Attorney Lawrence Friedman.

The discovery led Friedman to notify the attorneys for a number of defendants. Some of the attorneys have challenged the grand jury proceedings. In all cases so far, Zambito has denied motions to vacate the grand jury proceedings.

Burns had a novel argument today, however. He elicited testimony from the stenographer, Susan Ryckman, that there is a small mic, about the size of a dime, attached with a wire to her machine. That mic would then be potentially visible to witnesses and grand jurors, which might cause them to wonder if the proceedings were being recorded. There is also apparently a mic on her laptop that may actually be the one activated when she is taking stenography.

Grand jury proceedings are supposed to be secret and the identities of witnesses protected.

After questioning whether, under the circumstances, the transcript from the Dozier proceeding could be relied on as accurate, Burns argued that witnesses might not testify as truthfully if they thought their statements were being audio recorded, or that grand jurors may ask different questions, or not ask questions, because their voices might be recorded.

There is no way of knowing, Burns said, if witnesses and jurors noticed the potential for recording and, if they did, if that altered their behavior in any way. 

"The very presence of an electronic recording device could have a negative effect and a detrimental effect on the grand jury process," Burns said.

Burns acknowledges he was being speculative but he said Friedman would also be speculating to argue otherwise.

Friedman said there was no speculation on his part.

"Our position is based on the facts," Friedman said. "The court reporter has 33 years experience and even she doesn't know where the microphone is (on her laptop) and she indicated there is no light on the mic when it's on. There is no evidence to support that speculation. Otherwise, we rely on the court's numerous other rulings."

Zambito said he will make his ruling at a later date.

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Women who stole $350K from elderly victims reportedly stops making restitution payments, warrant issued for her arrest

By Howard B. Owens
       Heidi Schollard

A Batavia woman who stole more than $350,000 from elderly people was making progress until recently on paying restitution, according to District Attorney Lawrence Friedman.

Heidi L. Schollard, 47, of 161 Bank St., was ordered in 2012 to make restitution payments of $500 a month.

Friedman said records indicate Schollard made more than 100 payments, reducing the amount she owes to her victims from $350,729.40 to $335,290.11.

Then the payments stopped.

So she was ordered to appear in court today.

She didn't show up.

A warrant was issued for her arrest.

In 2017, Schollard was having trouble making restitution payments and asked to have the restitution order amended. Judge Charles Zambito kept her restitution at $500 a month.

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by then-County Court Judge Robert C. Noonan.

Suspect in domestic abuse case, history of alcohol abuse, receives reduced bail

By Howard B. Owens
        Jerrol Newell

A sometimes Corfu resident facing three felonies for alleged strangulation, who has friends and relatives in at least three other states, has a better chance of making bail following a bail review hearing today in Genesee County Court.

Fifty-year-old Jerrol Paul Newell was described in court today by Assistant District Attorney Shirley Gorman as a man who has moved from state-to-state -- Florida, Ohio, North Carolina, even Hawaii -- with a spotty employment history and a lifelong problem with alcohol.  

She said Newell has had multiple DWI arrests, including a felony arrest in 2004, plus a DWI arrest in April where he had a BAC of .20 in the middle of the afternoon and allegedly left the scene of an accident. He also had a forgery conviction in 1996. He owes, she said, $39,000 in back child support payments, and is facing more than $9,000 in restitution from his recent accident.

Newell also lied, she said, to Genesee Justice about owning a home in Corfu.

His previous bail was $50,000 cash, $50,000 bond or $300,000 partially secured bond, which was set by Justice Donald O'Connor in December, before new bail rules took effect, in the Village of Corfu Court.

Newell's attorney, Thomas Burns, asked for either release on Newell's own recognizance or $5,000 bail, citing his client's ties to the community and Newell's own and his family's limited resources. 

Gorman said considering Newell's history, she didn't find the bail set in village court to be excessive. 

"He has an alcohol problem that leads the defendant to exercise extremely poor judgment that could lead him to leave the jurisdiction, especially when he has connections outside the jurisdiction," Gorman said.

Gorman noted that Newell is facing three Class D felony charges of strangulation and his sentence on each charge could be consecutive. She suggested the physical evidence against Newell, including photographs, is compelling.

Judge Charles Zambito, citing New York's bail reform rules, said he was obligated to set the least restrictive bail so he reduced Newell's bail to $7,500 cash, or $7,500 bond, or $75,000 partially secured bond.

Man who murdered Good Samaritan facing 20-to-life after guilty plea

By Howard B. Owens
    Quinten Edmonds

In Genesee County Court yesterday, Quinten Edmonds, of Rochester, admitted to killing Michael R. Paladino outside of Paladino's Ross Street residence on June 1 after Paladino tried to come to the aid of a woman he apparently believed Edmonds was assaulting.

With the guilty plea, Edmonds avoids a trial next month and gets a sentence cap of 20-to-life in state prison. The possible maximum sentence for the Class A1 felony is 25-to-life.

According to District Attorney Lawrence Friedman, Edmonds made no other statements in a court other than admitting to his crime as Judge Charles Zambito read the facts contained in the grand jury indictment before pleading "guilty."

Edmonds will be sentenced at 9 a.m., Feb. 19.

County manager says Cuomo's plan to shift increased Medicaid costs on counties is a 'Ponzi scheme' based on a lie

By Howard B. Owens

Gov. Andrew Cuomo's proposal to cap increases on Medicaid spending at 3 percent at the county level could cost Genesee County another $2.3 million over the next four years.

That's just a rough guess, said County Manager Jay Gsell.

He called Cuomo's accusation that counties are spending on Medicaid with a "blank check syndrome" since the county share of Medicaid was capped in 2012 a "lie." He said the attempt to shift the burden for increases on Medicaid to counties is "voodoo economics for 2020" and using the maneuver to shift the cost of the state's deficit spending to county taxpayers a "Ponzi scheme."

“The Medicaid system has to be fiscally sustainable,” Cuomo said during his 2021 budget address. “If it is not fiscally sustainable then we accomplish nothing.”

New York State is facing a $6.1 billion budget gap due in large part to rising costs of Medicaid, a health insurance program that serves the poor, elderly and disabled.

Since the state capped county expenses, the state's share has increased $20 billion.

“That’s the blank check syndrome,” Cuomo said Tuesday. “We are signing the check and they’re filling out the amount.”

All Medicaid expenses, Gsell said today, are the result of state mandates. The county has no control over how much Medicaid costs or how much expenses increase.

The increases are a result of NY, as mandated by Albany, offering among the most generous Medicaid benefits package in the Union, and an increase in enrollment of Medicaid-eligible residents under the Affordable Care Act.

There are now 13,300 Genesee County residents enrolled in an ACA medical plan (not all are Medicaid eligible) compared to 8,800 five years ago.

"The State about eight to 10 years ago promised to takeover Medicaid administration from the local DSS districts, which still hasn’t occurred," Gsell said. "It now appears easier to pick a 'fall guy' – NYS counties – for the ongoing quagmire since 1966 that -- unlike in 48 of the other U.S. states -- New York State has bought into lock, stock, and barrel. I have yet to be told that we NYS Counties are making up our own benefit levels for this entitlement, enrolling masses of ineligible recipients, promoting fraud, waste, and abuse and essentially not doing our jobs. That is a figment of someone’s imagination in Albany. It is a lie and convenient dodge for a problem of the State government’s own making."

Photo: File photo of Gov. Andrew Cuomo.

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Woodstock Gardens denizen -- a tiger cat named Chloe -- is missing

By Billie Owens

The insouciant lounger sprawled out in the picture above, unabashedly taking up a lot of space in a primary pathway of her household, is "Chloe" the cat, which is Greek for "small (young) green shoot of a plant."

Although there are nicknames for Chloe -- Chlo, Coco, Clo-Clo, Clo, Clover -- she just goes by small (young) green shoot of a plant ... Chloe.

For reasons known only to her, she opted to leave her cozy abode at the Woodstock Gardens apartments on North Spruce Street in the city on Saturday (Jan. 18).

Actually the publicly posted flier says Chloe "ran out." Hmmm.

She is described as a tiger cat with brown fur and black stripes, a "very friendly" "house cat," which some Brits call a moggy (or moggie).

The owner -- whose name is Dorothy and who is the bowling partner of the mother of the emailer about the missing pet, Chase Winkstern -- is reportedly "distraught over the situation."

Truth be told, this could affect Dorothy's bowling abilities, which in turn could affect the pin-slaying skills of Winkstern's mother, Dorothy's bowling partner.

Sadly, things could go downhill from there.

Merriam-Webster's Dictionary, a valued resource for wordsmiths since 1828, tells us the adjective "distraught" means to be "agitated with doubt or mental conflict or pain."

But a closer reading of the entry alarms with the sheer range profered. Oh, yea, it starts off with the mere "agitated" but then kicks into "delirious" then "frenzied" and finally, "hysterical."

The reference work's second definition of "distraught" jumps right to "deranged" and "crazed," and then, as if to drive home the point, simply quotes Shakespeare: "...as if thou wert distraught and mad with terror." (A line from Act 3, Scene 5 of "Richard III" wherein Richard is speaking to Buckingham while both are garbed, appropriately, in rusty hideous-looking armor.)

A positive outcome -- Chloe's safe return -- would, of course, squelch the portent for dreadful escalation.

Any helpful information can be phoned in to Dorothy at (585) 734-4061 or emailed to Chase Winkstern at:   chasewinkstern@gmail.com

Reactions to Gov. Cuomo's proposed budget

By Howard B. Owens

Yesterday, Gov. Andrew Cuomo released his proposed budget for 2020-2021. His budget press release is too long to put on the home page. You can read it here. Below are reactions we've received to the budget proposal.

From Assemblyman Steve Hawley:

“The governor made a lot of promises Tuesday, specifically to increase funding across the board for every program in the state, including an out-of-control Medicaid program that is the root cause behind a $6 billion deficit. In fiscal year 2018 alone, New York spent more on Medicaid than Texas and Florida combined, despite having around half the population.

“The national economy is booming in almost every metric, yet under one-party leadership in New York, we are facing a massive shortfall. Every indication says we need to roll back reckless spending, but Gov. Cuomo continues his handouts, even blaming counties and local governments for causing the state’s woes.

“As budget negotiations intensify, I will be working diligently to see that the governor sticks to his word of no new taxes and that his deficit does not fall on the backs of hardworking taxpayers. Whether it’s property tax relief, road and bridge repair or school funding, Western New York deserves its fair share of help, and I will continue to be a strong advocate on our behalf as the budget is determined over the coming months."

From Ed Rath, candidate for the 61st State Senate District:

“Faced with a $6.5 billion budget gap, I was hoping the Governor would outline some specifics on how he planned to address that shortfall, particularly as it relates to Medicaid. Unfortunately, that’s not the case with the proposed budget the people of New York State heard today. Medicaid accounts for two-thirds of the projected budget shortfall, but the Governor was woefully short on specifics in how he plans to generate the $2.5 billion in savings needed to offset Medicaid spending.

"Similarly, and equally disappointing, the budget proposal fails to reform the cash bail law. Instead, public safety and judicial discretion are being compromised, and a misguided and dangerous policy remains in effect.

“I was pleased to see a focus on education, and I hope that there is adequate funding for our schools to meet their increased financial needs.”

“However, any measure to address and strengthen our state’s business climate is mixed. On one hand, I was also pleased to see that middle-class tax cuts are expected to generate $4.7 million in savings, and that small corporate business tax cuts will generate an estimated $35 million. This is the sort of approach we need to help spur job creation and retention so that companies and workers can remain in our great Empire State, rather than continue to flee to other states. Unfortunately, the budget proposal also includes $51 million in tax and fee increases, which only serve to continue to shift the burden onto the backs of the hardworking people of New York.

“Overall, it seems that any attempt at a step forward in this budget is coupled with two steps backward or deafening silence on how our elected leaders plan to make New York stronger. The people of New York deserve more.”

The 61st Senate District includes portions of Erie, Genesee, and Monroe Counties.

Rath has served in the Erie County Legislature since first winning election in 2007. His district includes Amherst, Clarence, Akron, and Newstead. In the Legislature, he has been a fierce advocate for the reduction and reform of County government to lower the property tax burden, including co-sponsoring the effort to reduce the size of the Legislature from 15 to the current 11 seats. Throughout his 12 years in office, Rath has never voted in favor of a tax increase, and he voted against Erie County’s 2020 spending plan, due to runaway spending increases and public safety concerns.

New York Farm Bureau:

“Governor Cuomo’s proposed funding of $29 million is integral to the success of a number of important agricultural programs that support research, marketing and promotion of New York farm products. In addition, New York Farm Bureau supports the proposed Environmental Protection Fund that assists with conservation and stewardship programs utilized by farmers across the state.

"This year, Governor Cuomo also is proposing several new budget changes that are among our organization’s biggest priorities for the year. This includes a permanent Refundable Investment Tax Credit for farmers, increasing funding for the Farmworker Housing Program to $15 million and expanding the definition of family that was severely limiting in the recently enacted farm labor law. The budget language will better reflect the reality on farms today as many extended family members also play significant roles on farms and should not be covered under new farm labor regulations. These additions will begin to offset the increased labor costs facing our state’s farms, and we thank Governor Cuomo and his administration for continuing to work with New York Farm Bureau to address these issues.”

From the NYS Association of Counties President John F. (Jack) Marren:

In 1966, the State’s new Medicaid program cost county homeowners and businesses $112 million in local property taxes. Today, that cost is $7.6 billion.

More than 50 years later, in 2013, to address property taxes at the local level, the state capped increases in local Medicaid costs. On behalf of the 62 counties, including the boroughs of New York City, we are grateful to Governor Cuomo and the Legislature for championing the State's cap on local Medicaid cost growth. It has proven to be an historic safeguard against property tax growth.

Once again, counties stand united behind lowering the cost of Medicaid and improving the quality of care for those in need. We will review what is under local control to accomplish this, as well as what parameters are under state control, to insure the integrity of the taxpayer-funded health care program.

As with any organization, today’s health care costs, especially those embedded in Medicaid, are inherently systemic. Right now more than one third of New York’s population is on Medicaid, more and more Baby Boomers are accessing costly long-term care, and other medical coverage—from prescriptions to X-rays to hospital stays.

Counties stand ready to work with a Medicaid Redesign Team to assist the state with reforming its Medicaid Program.

Ortt calls on McMurray to renounce endorsement by Working Families Party

By Howard B. Owens

Press release:

Today, New York State Senator Rob Ortt, Army combat veteran, and candidate for New York’s 27th Congressional District is calling for Democrat and Working Families endorsed candidate, Nate McMurray, to give up his recent Working Families Party endorsement. Recently, the New York State Working Families Party called on candidates to “stop defending taxpayers,” and stated that using the term “taxpayer” is racist.

“Our district is home to around 710,000 ‘taxpayers’ who go to work every day to help support their families and build a better life,” Ortt said. “The fact that a candidate for New York’s 27th Congressional District would accept an endorsement from a political party that explicitly asked prospective candidates to avoid advocating for the taxpayers of our state is embarrassing.

"As elected officials, we are chosen by the taxpayers of our district to defend their best interests and do the will of the people. Any politician who accepts and endorsement from the Working Families Party clearly shows they have no interest in protecting hardworking taxpayers.”

The Working Families Party, backed by progressive donors, recently stated in the party’s 2020 questionnaire:

Messages that frame "taxpayers" as an aggrieved or marginalized group promotes an anti-tax, anti-government worldview that is often used to justify disinvestment and austerity policies. "Taxpayer" has also become a racially coded term designed to appeal to white individuals and reinforce the misconception that they are paying taxes to support the needs of people (often implied to be non-white) who don’t pay taxes. Will you avoid messaging that centers "taxpayers" or "tax burdens" and instead talk about "public funding" and the public as a whole?

Just this week, Nate McMurray accepted the endorsement of the Working Families Party line. The New York State Working Families Party has already endorsed several other candidates for 2020, including for U.S. President (Elizabeth Warren), U.S. Congress (Alexandria Ocasio-Cortez), and Democratic candidates for the New York State Legislature. Ortt called on all candidates running for office to denounce the Working Families Party and refuse their support. McMurray did neither.

“By accepting this endorsement, it is clear that Nate has not prioritized representing the best interests of the constituents in New York’s 27th Congressional District,” Ortt said. “Either he is ignorant of the agenda that the New York State Working Families Party stands for, or he has full knowledge of the statements made by this group and has decided that advocating for ‘taxpayers’ is racist. Either one is unacceptable and I call on him to give up his endorsement by this radically socialist party."

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