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Bardol opens season with 299--814 at Rose Garden Bowl in Bergen

By Mike Pettinella

Chris Bardol of Brockport wasted no time in getting his name on the Genesee Region USBC bowling honor score list as he posted a season-opening 299 game and 814 series in the G&W Vending League at Rose Garden Bowl in Bergen.

The 30-year-old right-hander is one of the most accomplished bowlers in the area, having registered numerous tournament titles at the local, collegiate and national levels.

For a list of scores around the GRUSBC, click on the Pin Points tab at the top of this page.

Mike Pettinella's Pin Points column will return to The Batavian this season, with his first column to appear this Thursday (Sept. 20).

Law and Order: West Main Street, Batavia, teen arrested on year-old City Centre mall burglary

By Billie Owens

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

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

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

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

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

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

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

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

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

10th annual Music Memories Concert is Saturday at City Church to benefit Crossroads House

By Billie Owens

Press release:

This Saturday, Sept. 22, starting at 6:30 p.m, marks the 10th performance of the Music Memories Concert being held at City Church, located at 210 E. Main St., Batavia.

All proceeds for this concert go to support Crossroads House, a comfort care home for the terminally ill, in its 20th year of serving residents of Genesee and Wyoming counties.

It’s St. Joe’s Reunion Brass Ensemble’s final performance using its present name as we know the group.

Nine years ago, Frank Panepento along with his friends, started the Reunion Brass Ensemble specifically with one purpose in mind: Set up a concert to help raise money for Crossroads House.

Well thousands of hours in rehearsal time by hundreds of musicians, thousands of miles/hours have been clocked in by those musicians over the years. There has never been one red cent charged by any of the musicians over that period of time. They even paid for their own ticket to sit and watch the show. They had to perform in other shows to pay back the groups that came and performed at the Crossroads show for free.

These performers choose to rearrange their lives to help an organization that they believed in -- CROSSROADS HOUSE -- VOLUNTEERISM at a different level!

"I promised my friends, God willing, I would do any and everything I could to pack City Church while ushering in a new era for St. Joe’s Brass Ensemble," Panepento said.

Performing Saturday are:

  • Parkside Brass
  • Rochester Hitmen
  • Hamburg Kingsmen
  • Batavia Jazz Ensemble
  • Silver Leaves -- from Canada
  • St. Joseph’s Alumni Drum Corps
  • St. Joe’s Reunion Brass Ensemble, featuring famed bugler Kenny "Ace" Peterson

Come on out for what promises to be a fantastic show!" Penepinto said. "Bring your family. Bring your friends. Help make this a night for the musicians and all of (us) to remember."

Tickets are $5 general admission; $10 reserved.

Tickets are available at Crossroads House, Roxy's Music Store, Valle Jewelers, The Prospector Restaurant (Attica).

 If you need information or tickets call 343-3892 or 409-4364, or go online to:   crossroadshouse.com

Batavia Coach Buddy Brasky offers basketball mini-camp this fall for boys in grades 9-12

By Billie Owens

Press release:

Batavia Varsity Basketball Coach Buddy Brasky will hold a Basketball Mini-Camp at the Batavia High School gym this fall. This Mini-Camp is for boys in grades 9-12.

The camp will start Wednesday, Oct. 3rd, and run from 7 to 9 p.m. on the following dates:

  • Oct. 3
  • Oct. 11
  • Oct. 15
  • Oct. 22
  • Oct. 25
  • Oct. 29
  • Nov. 1

This program is for the experienced and serious player only! The program will emphasize offensive skill development. The cost is $95.

For more information call Buddy Brasky at 356-4050 or email mbrasky@bataviacsd.org

** PLAYER MUST BRING THEIR OWN BASKETBALL

Found: black cat in Batavia, 'has a very distinct collar'

By Billie Owens

The Batavia Police Department found a black cat being cared for by a concerned citizen Sunday morning and took it to the shelter.

The distinctly collared, yellow-green-eyed male had quite the trip yesterday.

According to police:

"This guy had one amazing adventure as he took a walk with a stranger and got to ride in the back of two different police cars. He has taken quite the liking to Officer (Jason) Ivison, but we are sure he is missing his owner! He has a very distinct collar. If anyone knows who owns him or you happen to be the one missing him, please contact the Genesee County Animal Shelter."

The shelter is located at 3841 W. Main Street Road, Batavia. Phone is 343-6410.

Thursday is Patti Pacino's night to shine in Buffalo when the Girls Scouts of WNY honor her

By Billie Owens

In July we announced that Patti Pacino was named one of eight women to be honored Sept. 20 by the Girl Scouts of Western New York.

Today, the organization provided more information about her many deeds which garnered the distinction for which she will be feted Thursday in Buffalo.

Press release:

Girl Scouts of Western New York will recognize eight honorees at the 2018 Women of Distinction Dinner & Awards Ceremony on Thursday, Sept. 20, at 5:30 p.m. at the Hyatt Regency Hotel Buffalo.

One of the eight distinguished 2018 Women of Distinction is PattiAnn ("Patti") Pacino, of Genesee County. Pacino has served as Second Ward Councilwoman for the City of Batavia since 2010. Prior to that she served as alumni coordinator for Genesee Community College and Career Center Coordinator for Batavia High School.

While on city council, she has served as liaison to and board member of Batavia Business Improvement District (BID), co-chair Committee Volunteer Selection Committee, and Memorial Day Parade Committee.

She is also chair of membership for Zonta Club of Batavia-Genesee, as well as past president. She serves a Genesee-Orleans Counties Arts Council Board member. She is a member of Kiwanis Club of Batavia and also served as a past president. She served as a member of the Alumni Committee, Design Teams for Education Day & Arts, Diversity Day, and Golf-Bocce Tournament Committee for the Leadership Genesee Class of 2002.

She was a member of Girl Scouts of Genesee Valley Inc. as a member of the Alumni Committee, past manager of the Big Bend Service Unit, a troop leader, Older Girl Consultant, Outdoor Consultant, Council Trainer, and Delegate to the Genesee Valley Council.

She received a BA in English from SUNY Potsdam. She also holds certificates in Montessori teaching and American Red Cross First Aid.

She has received awards and honors for City of Batavia Genesee County Youth Bureau’s Youth Worker Award 2001, Kent State University Career Counselor of the Year Award 2001; Batavia High School Outstanding Worker 2003; Zonta Club Woman of the Year 2004; Geneseean of the Year 2004; Kiwanian of the Year 2007; Leadership Genesee Outstanding Alumnus of the Year 2008; Chairman and Hostess of Genesee Community College Scholarship Fundraiser, Encore! 2017; and Zontian of the Year 2017.

She is married to James Pacino and lives in Batavia.

The honorees were nominated by members of the community because of their demonstrated leadership in their careers and in their communities through public service. These women are considered role models for all girls, and in accepting this award, they commit to mentoring the young women involved with the Women of Distinction event.

This program is part of the nationwide Girl Scouts of the USA program and is designed to recognize the achievements of women, provide mentoring opportunities for older Girl Scouts and fund local Girl Scout educational opportunities and programs for girls 5 to 17 years of age. 

About Girl Scouts of Western New York

Girl Scouts of Western New York (GSWNY) serves nearly 15,000 girls and 7,000 adult volunteers across the GSWNY jurisdiction, including Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans and Wyoming counties. The council’s administrative service centers are located in Batavia (on Jackson Street), Buffalo, Jamestown, Lockport, Niagara Falls and Rochester.

Girl Scouting builds girls of courage, confidence, and character who make the world a better place. Through the Girl Scout Leadership Experience, girls discover their personal best and prepare for a positive future, connect with others in an increasingly diverse world and take action to solve problems and improve their communities.

(Inset file photo from 2009.)

Collins changes mind, will remain on GOP ballot in NY-27

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

Accident reported on Route 5, East Pembroke

By Howard B. Owens

An accident is reported on Route 5 near Cleveland Road, Batavia.

This is a rollover accident. There was an initial report of a serious injury and entrapment but the patient may be out of the vehicle.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 9:24 a.m.: The driver suffered only minor injuries in this rollover accident. He told a deputy he fell asleep. His vehicle exited the road, went airborne, flipped over and then hit the utility pole sideways, which knocked it back on its wheels. The driver was able to self-extricate. A citation may be issued in  the accident.

Multi-vehicle accident reported on Batavia Elba Townline Road

By Howard B. Owens

A multi-vehicle accident is reported at 3686 Batavia Elba Townline Road, Batavia.

A dump truck is involved.

Extrication is needed.

Unknown injuries but so far no report of serious injuries.

Town of Batavia fire and Mercy EMS dispatched.

Oakfield Fire Police request for traffic control.

UPDATE 9:15 a.m.: Sun was a likely factor in the four-vehicle accident, according to a trooper at the scene. He did, however, anticipate issuing citations. One person was injured, the driver of the silver sedan. She was not seriously hurt. This was actually two accidents. The first accident, the pickup into the garbage truck. The next two cars came along later.

Public hearing dates for state-mandated report on shared services

By Howard B. Owens

Press release:

New York State, as part of the Adopted 2017/18 State Budget, included a mandate on all local governments to discuss and develop shared services ideas and plans for eventual submittal to the County Legislature and subsequently the New York State Department of State.

Part of the process for discussing and developing these public sector shared services plans is to have public meetings/opportunities for citizen input and to take suggestions on possible public sector shared services opportunities that have not already occurred and are in place.

The Genesee County Legislature scheduled three Public Hearings and has added a fourth opportunity for public comment to be held Tuesday, Sept. 18, at 4:30 p.m. in the Old Courthouse, 7 Main St., Batavia. All interested citizens are encouraged to attend and provide comments.

Video: Theft of produce stand cash box in Darien

By Howard B. Owens

On two occasions, a cash box from a produce stand, The Cornercopia, at Route 77 and Route 20 in Darien has been stolen. 

After the first burglary, a more secure lock was installed and the thieves took the entire red plate steel cash box.

A cash reward is being offered for information leading to the arrest and successful prosecution of the suspects.

The two people in this video (who brought their dogs with them, and one of the men can be seen apparently hitting one of the dogs at about the 1:50 mark) are possible suspects and the owners of the fruit stand are asking anybody with information to come forward and contact local law enforcement. 

The State Police are handling the investigation. To report any information that may assist in the investigation, call (585) 343-5000.

Photo: A bunch of turkeys in Byron

By Howard B. Owens

Ed Glow shared this photo of a rafter of turkeys about 30 yards from his home on Merrill Road in Byron.

He said he first saw a tom and three hens and a few young birds about three weeks ago. They reappeared a couple of days ago and he figures the young ones have doubled in size since then.

He counted 21 birds total. 

"Almost makes me want to start hunting again," Glow said.

Annual reading of John Gardner set for Oct. 27 at the Pok-A-Dot

By Howard B. Owens

The John Gardner Society will host its annual reading of Batavia's most renowned novelist at the Pok-A-Dot the evening of Oct. 27.

The reading will start at 8 p.m.

Anybody with an interest in Gardner, literature, Batavia's history, or just looking for an evening of camaraderie and entertainment, is invited to attend or read their own favorite passages from Gardner's work.

For more information or to be added to the list of readers, contact Bill Kauffman at bkbatavia@yahoo.com.

The event is sponsored by the John Gardner Society and Genesee Community College.

Photo: File photo from last year's reading.

City fire announces annual poster contest

By Howard B. Owens

Press release:

The City of Batavia Fire Department is sponsoring the sixth Annual Fire Prevention Week Coloring Contest. This coloring contest is open to students from kindergarten through grade 5.

“Our hope is to get the children to discuss fire safety with their teachers, other students and parents/guardians,” an organizer said.

Information has been distributed to City schools, but we wanted to include any City area homeschooled children as well.

Copies of the official coloring page and contest rules can be picked up at City Fire Headquarters, 18 Evans St. We encourage all eligible students to participate.

The 2018 Fire Prevention Week (Oct. 7-13) theme is “LOOK. LISTEN. LEARN. Be aware. Fire can happen anywhere.” Additional information can be found at the Fire Prevention Week website www.FPW.org

Any posters wishing to be entered need to be at the Fire Station located at 18 Evans St. in Batavia no later than 4 p.m. on Thursday, Oct. 11.

Judging of the posters will take place Oct. 12th – 15th.

The winner of each group will receive a ride to school on a City Fire Engine, and be invited to a special awards luncheon with their family held at the fire station. Second- and third-place finishers in each group will also be invited to the fire station awards luncheon.

The best of luck to the students! Full rules are available at the City of Batavia Fire Department at 18 Evans St. in Batavia or email the Fire Prevention Officer, Lt. Greg Ireland, at:   gireland@batavianewyork.com

McMurray rallies volunteers in Alexander

By Howard B. Owens

Standing in front of about 100 members of the Democratic Party -- volunteers who signed up walk precincts on his behalf -- Nate McMurray, candidate for Congress, said something you might find surprising: Donald Trump is right about a few things.

"Let's be honest, a lot of people voted for Donald Trump because they knew they needed help," McMurray said. "It was a Hail Mary. They felt like there wasn't a party representing them and maybe they needed somebody on the outside to say, 'hey, I can shake the system up.'

"I'm going to tell you something to a lot of people in the Democratic Party will not say," McMurray added. "Mr. Trump may be a master salesman. He may be a lot of things but his message was right in many respects. The message of the fact that a lot of Americans get left behind or forgotten about."

Many of Trump's voters are now disappointed in Trump, McMurray suggested, because he hasn't delivered on his promises.

"The problem is, Mr. Trump's message has been nothing but bluster," McMurray said. "He's is not doing anything to help people in this country. We hear about a booming economy but do you think the people here in this part of the region or the people in Attica, do you think they feel things are booming and moving and things are going great?"

McMurray promised not only to fight for jobs if elected, including opposing bad trade deals, but to support health care for all, protect Social Security, and follow through on a campaign promise Trump seems to have forgotten: infrastructure.

"Within 60 days in office, we will present a joint infrastructure bill in the house," McMurray said.

Right now, it's unclear who McMurray is running against. The man he planned to beat, Rep. Chris Collins, is under federal indictment on insider trading charges. The Erie County businessman continues as the singular target in McMurray's crosshairs, at least until, and if, the GOP NY-27 chairs are able to remove Collins from the ballot and replace him with another nominee.

Next week, Democratic Party Chair Tom Perez is going to visit the NY-27 but there was a time in McMurray's congressional quest, he said, when the party bosses told him he couldn't possibly beat Chris Collins and he should save his political capital for another fight, he said he told them Collins needed to be taken out.

"I said no someone has to stand up to Chris," McMurray said. "We know he has an ethics violation. We know he has this history of saying 'I only represent my constituents who are my donors.' He had this horrible record and all knew his record even before he was a congressman. We knew about his record when he was county executive when he would fire people and defund libraries and defund all kinds of projects important to the community just because he felt like it."

There was only one person in Washington, D.C., back then willing to encourage McMurray's run, said: Louise Slaughter.

It was Slaughter, he said, who wanted to know if McMurray would "fight like hell," which has become the campaign motto. 

"She said something else," McMurray said. "She said, 'this man has used the house of the people not to do people's business but to make money for himself and his family. Are you ready to stand up against that?' and I said yes and she said, 'Will you stand on his neck?' She said that.

"Now that's mean and it sounds tough but there comes time for accountability. It is time for accountability, not just for Collins but for the entire party that supported him."

Photos: Genesee Orleans Arc 5K in Elba

By Howard B. Owens

Brandon Rebert had the best time today in the Arc of Genesee Orleans 5K in Elba.

Liz Bender (second picture) had the best time among the women.

Free educational programs about dementia to be offered at Le Roy Village Green this fall

By Billie Owens

The Alzheimer’s Association® Western New York Chapter is partnership with Le Roy Village Green in Le Roy to offer a series of free educational programs this fall.

All classes will begin at 7 p.m. in The Greens facility at 10 Munson St. in Le Roy.

"Understanding Alzheimer’s Disease and Dementia" kicks off the three-part series on Oct. 2. This educational program covers the basics about the disease and related dementias.

On Nov. 6, the second program, "Effective Communication Strategies," will help care partners of those living with Alzheimer’s disease or other dementia identify verbal and non-verbal strategies to more effectively understand and communicate.

The final program, "Understanding and Responding to Dementia-Related Behaviors," is set for Dec. 4. The program helps care partners recognize that behavior is a powerful form of communication and is one of the primary ways for people with Alzheimer’s disease to communicate their needs and feelings as the ability to use language is lost. However, some behaviors can present realchallenges for caregivers to manage. It will cover some common struggles and offer sound strategies to address them.

Additionally, the Chapter trains facilitators to lead several monthly caregiver support groups across the county, which allow caregivers to connect with others facing similar challenges and hear advice for overcoming them:

  • 3rd Wednesday of every month at 7 p.m. – Richmond Memorial Library, 19 Ross St. in Batavia
  • 3rd Thursday at 1 p.m. – Genesee County Office for the Aging, 12 Bank St. in Batavia
  • 2nd Monday at 2 p.m. – The Greens of Le Roy, 1 West Ave. in Le Roy

Telephone Support Group:

  • 2nd Wednesday from 12:10-12:55 p.m. – For more information, call the Genesee County Office for the Aging at (585) 343-1611.

Respite Available for Caregivers:

A community social program, or respite, is also available every month in Corfu. This program provides relief to those who care for individuals with Alzheimer's disease or other dementia and offers them some time to refresh and recharge, while their loved one is engaged in social activities in a safe environment.

Indian Falls United Methodist Church at 7908 Allegany Road offers a respite service on the third Wednesday of every month. For more information, call Celinda McQuiston at (585) 762-9105.

To learn more about other Alzheimer’s Association programs and services, contact the WNY Chapter office at 1.800.272.3900.

Shortage of prosecutors has hit 'crisis' stage, DA warns County Legislature

By Howard B. Owens

Changes in technology and criminal law in New York have increased the workload in the District Attorney's Office, according to DA Lawrence Friedman, to a point that is unsustainable and either some cases won't get prosecuted by his office or good attorneys will quit their jobs.

Friedman described the burdens on his office in a letter to the County Legislature to support his request for additional staffing.

"Without such additional resources, our attorneys will not be able to continue to shoulder all of the added responsibilities and time commitments that have been placed on us over the years," Friedman said. "Instead, we will need to figure out how we will implement a reduction in services. We don’t know exactly what that will look like, but we do know that it will not be good for public safety in this community."

Reduced services could include:

  • Discontinue the prosecution of violations of probation, leaving probation officers to handle the violations themselves;
  • Discontinue the prosecution of non-criminal offenses, such as disorderly conduct, harassment, and unlawful possession of marijuana, leaving it up to the arresting officers to prosecute those cases;
  • Reduce the time spent educating new officers about criminal and court procedures.

Friedman is asking for at least one new full-time assistant DA. There are four now. 

When Friedman was himself an assistant, there were seven part-time (30 hours a week) prosecutors in the DA's office for a total of 210 attorney hours a week. In 1996, Friedman, newly appointed to DA, learned the county could obtain state money to fund a full-time DA so the county eliminated three part-time positions in favor of two full-time positions. When the county switched to five full-time prosecutors, it reduced the number of total attorney hours to 187.5, which helped save the county money, according to Friedman.

In recent years, the workload for prosecutors has increased substantially, Friedman said, because of: 

  • Body-worn cameras, video-recorded suspect interviews, more surveillance footage of crime scenes. Before the age of ubiquitous video, most cases involved written documents that could be reviewed in minutes. Now, sometimes, a prosecutor must spend hours watching video, and sometimes the video must be viewed more than once, including times to prep witnesses, review with police officers, besides the initial review to see what if any evidence the videos might contain.
  • The DA's office has been hit with numerous serious crimes over the past couple of years that assistant DAs help with during the investigation and then if an arrest has been made, handle the prosecution. These crimes include a gang-assault case, a homicide at the Sunset Motel, a deputy-involved shooting, a homicide on Liberty Street, a shooting on Jackson Street, a shooting on Thorpe Street, a series of residential burglaries, a stabbing and murder on Central Avenue, child sex offenses, a fatal hit-and-run in Darien, an attempted murder and arson on Maple Street, vehicular assaults in Corfu and Pavilion, a stabbing in the Town of Batavia, a stabbing on Ross Street, two first-degree rape cases, and follow up on a cold case murder.
  • There has been an increase in search warrant applications.
  • New state laws, such as Jenna's Law, Megan's Law, and Leandra's Law has added time and tasks to the prosecution of some criminal cases.
  • Big Box stores have increased the number of reported larcenies and forgeries.
  • DNA is helping to open cold cases.
  • Since Friedman became DA, new courts have opened, including Drug Treatment Court, DWI Treatment Court, Mental Health Treatment Court, Veterans Court, Domestic Violence Court, and now the new Youth Court opening next month.

Assistant DAs work a lot of hours beyond their standard "9-5" shift, Friedman said. In additional evening hours for town courts, they are on call 24/7.

A  recent example, Friedman said, was the fatal hit-and-run in Darien. ADA Shirley Gorman was called into the case on an early Sunday morning and worked 12 hours. Friedman and First Assistant District Attorney Melissa Cianfrini also assisted that Sunday with the case. 

"Altogether, the attorneys in our office spent about 40 hours on this case in the first three days and many more hours since then," Friedman said. "Unfortunately, this type of scenario is becoming more and more common. I am concerned that this could result in our attorneys becoming 'burned out' and/or leaving for 'greener pastures.' "

He concluded the letter calling the current situation a "crisis."

"This is the most serious staffing concern that I've ever faced," said Friedman, who has worked in the DA's office for 37 years, and who plans to retire in 2021. 

"I sincerely hope that an inability to get the help we need will not become the next impediment to the effective prosecution of crimes committed in Genesee County," Friedman said. "The current District Attorney truly hopes that his legacy will not be that of leaving an office that is understaffed and thus unable to properly serve the citizens of this County and he assumes that our County Legislature does not want that to be their legacy either."

Car hits tree on Thwing Road, Le Roy

By Howard B. Owens

A car has reportedly hit a tree and rolled over in the area of 6845 Thwing Road, Le Roy.

The initial call reported entrapment but the driver is now reportedly out of the car.

Le Roy fire and Mercy EMS responding.

Town of Le Roy's tentative budget includes $40K cut to ambulance service, five-cent reduction in taxes

By Howard B. Owens

One way or another, the Town of Le Roy is not expecting to spend $40,000 in 2019 to support Le Roy Ambulance, according to Supervisor Steve Barbeau.

Barbeau presented his tentative 2019 budget to the town council at Thursday's meeting and then discussed the future of the Le Roy Ambulance after the meeting.

Barbeau said based on his discussion with representatives of the ambulance service, Le Roy Ambulance has reached a point financially where it either needs the tax support of a special district or the nonprofit corporation must be dissolved.

If the proposed budget doesn't change before approved, Le Roy residents would find their town property tax rate reduced by a nickel, from 90 cents to 85. The total levy would be $206,248.

In all, Le Roy, excluding special districts, will need $1,427,441 to operate in 2019.

The proposed budget includes raises for non-union staff of varying amounts depending on which department the staff serves. 

Town board members will be able to start going through more detail at its Sept. 27 meeting.

Some adjustments may be necessary because since Barbeau prepared the tentative budget, he's received new information, including a reduction in workers' compensation insurance costs, a reduction in  STOP-DWI money transferred from the state to the town's justice department, and a $5,000 expense for the town to work with the county on a records archive project.

Ambulance Service
As for the ambulance service, a public meeting planned for next week has been canceled because the attorney for the ambulance service has had some health issues. It hasn't been rescheduled yet but the attorneys are working on finding a new date.

At the meeting, the public will learn about the options for the ambulance service and about the prospect of setting up a special district.

After that meeting takes place, Barbeau would like to conduct a straw poll of residents. It would be a non-binding vote held at the Town Hall. Like a school budget election, all residents at least 18 years old would be eligible to cast votes.

The results, Barbeau said, could help the Town and the Village decide whether to support a special district for the ambulance service. If the vote was lopsided one way or another, officials could gauge whether voters would likely support a special district. A close vote would make the difficult decision even more difficult, Barbeau acknowledged.

Either the Town or the Village could approve the formation of a special district without a voter referendum. Residents could challenge any decision by either jurisdiction through a  petition (100 signatures required) for a public referendum to overturn the decision. 

In other words, if the Town board voted against the formation of a special district, through a petition drive, the decision could be challenged by voters. Or if the board agreed to form a district, that decision could be challenged as well.

The same goes for the Village.

Barbeau speculated that if only the Town supported a special district and the Village didn't, it wouldn't be financially feasible for the ambulance service to continue; however, the district could successfully form if approved by the Village but not the town.

Even with the $40,000 from the Town, Le Roy Ambulance has been losing money, Barbeau said. It's his understanding that a big issue for the service is patients' failure to pay their bills. He said last year, Le Roy Ambulance had $75,000 in uncollected fees.

A lot of people, Barbeau said, get their insurance check after an ambulance ride and instead of paying their ambulance bill say, "oh, Christmas in July" and pocket the money.

"I think by November of this year a decision needs to be made (about the future of the ambulance service)," Barbeau said, "because the $40,000 is not going to be in the budget for the ambulance. Imagine what their deficits are going to be without it. So they're either going to have to start taxing in 2019 or start exhausting the assets that they do have."

There is a complex process to wind down a nonprofit, Barbeau said, so without a special district, Le Roy Ambulance would begin that process in 2019 until it discontinued service.

Barbeau is seeking clarification from Mercy EMS on what level of service it will provide Le Roy if Le Roy Ambulance closes. Right now, there is an agreement that ensures Mercy EMS is the backup service for the Town and Village. 

If Le Roy Ambulance closes, Mercy EMS would by default become the primary ambulance service at no cost to the Town of Village.

Previously, Mercy officials have indicated they would consider making Le Roy their base of operations for the eastern part of the county if Le Roy Ambulance shut down. Barbeau would like to confirm that suggestion.

"The issue has always been, for the town board -- response time," Barbeau said. "Le Roy Ambulance has a response time that averages less than five minutes. If they're out on a call, Mercy comes from Batavia. They have a response time that's just shy of 20 minutes, and that comes from years' worth of data. So the rationale behind our subsidy has been to keep that response time for folks knowing we still have Mercy as a backup."

Barbeau praised both services. He's had experience with both. Ambulances were called twice to his late father's house. In the first instance, Le Roy took three minutes to respond. In the second, Le Roy wasn't available and Mercy EMS responded from Batavia, which took 18 minutes.

In that case, he said, it wasn't life or death but for a person suffering a heart attack or stroke, those 15 minutes could be critical.

County Sales Tax
During the meeting Thursday, Barbeau also discussed his understanding of a new proposal from the County on how to divvy up the local share of sale tax revenue.

Before getting into what Barbeau said, some background:

Currently, local consumers pay 8 percent sales tax on qualifying purchases. The state takes 4 percent and 4 percent is supposed to stay in Genesee County. 

The county could keep that 4 percent to itself but has traditionally shared the revenue with the other municipalities in the county. If the County didn't share with the City, the City of Batavia could institute its own sales tax. The villages and towns don't have that option.

Under the current formula, the County keeps half of the local 4-percent share, or 2 percent of the sales tax. The City gets 16 percent. The remaining 34 percent is divided among the towns and villages, using a formula derived from the assessed value of properties in each jurisdiction.

It's Barbeau's understanding based on his conversations with other officials, including County Manager Jay Gsell, that the County and City are set to enter into a new agreement that would keep the City's share in the 16 percent range, but that amount could fluctuate depending on the amount of sales tax revenue flowing into the county. It would never be less than 14 percent and the City couldn't receive more than a 2-percent share of anything over the prior year's amount of sales tax.

The villages and towns are not included in the agreement. Instead, they would each be asked to sign identical revenue distribution agreements.

All of the agreements would last for 40 years.

For the villages and towns, their share of sales tax revenue would be capped at the absolute dollar amount of 2018, but their share could go down if sales tax revenue goes down.

There would be no adjustments for inflation.

Barbeau said it's his understanding of the county's perspective on the agreement is based on three factors:

  • The county is facing a state mandate to build a new, expensive jail. The bond on that jail will take 40 years to pay off.
  • The new "Raise the Age" law, which mandates new rules for criminal cases involving 16- and 17-year-olds, will also increase County expenses. The State will reimburse the County for those additional expenses but only if the County keeps its property tax levy below the tax cap level of 2 percent per year.
  • The County is also facing substantial infrastructure expenses, particularly for bridges and culverts.

The Town of Le Roy's anticipated share of sales tax revenue for 2019 is $722,000, or nearly 51 percent of the town's total revenue.

Elected representatives, including county officials, are expected to discuss the sales tax issue at the monthly Genesee Association of Municipalities (GAM) meeting Sept. 20 at 7 p.m. at County Building #2 on West Main Street Road in Batavia.

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