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Lorie A. Litolff is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Litolff drove a 2003 Chevrolet on Route 19 (Lake Street) while intoxicated. In count two, she is accused of leaving the scene of an incident without reporting it, a Class E felony. It is alleged in count two that she drove the Chevrolet when an incident occurred that resulted in serious physical injury to a person and she knew this but failed to stop. And when no police officer was in the vicinity when the injury was sustained, she failed to report it as soon as she was able to.

Ronald G. Besemer-McLean is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a CLass E felony. It is alleged that on March 2 in the Town of Le Roy that Besemer-McClean drove a 2006 Acura on I-490 when he knew his driver's license was suspended or revoked and while he was under to influence of alcohol or a drug. In count two, he is accused of driving while intoxicated as a Class E felony. In count three, he is accused of tampering with physical evidence, a Class E felony. It is alleged in count three that he defied police orders and placed a plastic baggie containing an unknown substance in his mouth and swallowed it. In count four, Besemer-McClean is accused of resisting arrest, a Class A misdemeanor. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI, as a misdemeanor, on Nov. 7, 2012 in City of Rochester Court. The conviction forms the basis for the suspension or revocation referred to in count one of the current indictment.

Submitted photo and press release:

Brittany Bozzer got a back-to-school experience last week that was positively inspiring.

The youth coordinator for Tobacco-Free Genesee, Orleans and Wyoming counties (TF-GOW) took a seat at The National Conference on Tobacco or Health (NCTOH 2019) held Aug. 27-29 in Minneapolis, Minn.

She says it was an energizing experience that brought her new insights in education, science and policy making.

NCTOH, one of the largest, long-standing gatherings of the United States tobacco-control movement, attracts a diverse set of public health professionals and scientists to share and learn about best practices and policies to reduce tobacco use — the leading preventable cause of disease and death in the United States.

Bozzer spent three days learning, networking and collaborating with public health colleagues from across New York State and the United States.

She attended sessions on tobacco-control issues including:

• Communications and Media to educate and promote; 
•  Evaluation and Surveillance of tobacco use among different populations;
• Health Equity around tobacco use;
• Nicotine and the Science of Addiction;
• Non-Cigarette Tobacco and Nicotine Products;
• Tobacco Product Regulation;
• Tobacco Control Policies and Legal Issues;
• Tobacco Industry Current Strategies and History;
• Youth and Young Adult Advocacy and In-school Prevention;
• Tobacco Control Skill Building Workshops.

Two internationally renowned  experts from Roswell Park Comprehensive Cancer Center in Buffalo, doctors Andrew Hyland and Maciej Goniewicz, were among the conference panelists for a presentation titled "What Do We Know About E-Cigarette Use and Toxicity.”

They talked about the impacts of vaping, raising evidence-based awareness in the wake of recent mysterious and potentially deadly lung illnesses that appear to be linked to vaping. 

Hyland, Goniewicz, as well as additional researchers from Roswell Park, provide the science-based evidence that advances the work that Bozzer does to reduce tobacco use in communities throughout Genesee, Orleans and Wyoming counties.

About Tobacco-Free Genesee, Orleans, Wyoming

Tobacco-Free Genesee, Orleans, Wyoming is funded through the New York State Department of Health, Bureau of Tobacco Control, and is a part of Tobacco-Free Western New York, managed by Roswell Park Comprehensive Cancer Center. Learn more at tobaccofreewny.com.

(Photo: Brittany Bozzer is on the far right. On the far left is Jonathan Chaffee, youth coordinator of Tobacco-Free Chautauqua, Cattaraugus and Allegany counties (TF-CCA); then Gretchen Galley, PR and media manager, Tobacco-Free Western New York; and third from left is Ken Dahlgren, community engagement coordinator, TF-CCA.)

Six Flags Darien Lake’s annual Harvest Festival will be held Sept. 7, 8, 14, 15, 21 and 22.

It will feature specialty food, beer and entertainment.

They will also be offering an exclusive beer garden with more than a dozen seasonal brews and exquisite culinary creations.

Live music and performers will take the stage for an afternoon of live entertainment and guests can participate in crafts, slides and games.

Harvest Festival activities are included with park admission, but food and beer require an additional fee.

Submitted photo and press release:

Hard working and motivated are just two of the words that instructors used to describe Jay Lewis, who recently earned a Class B commercial driver's license through an Adult Education program of the Genesee Valley Educational Partnership.

A 2019 graduate of Genesee Community College (GCC) and 2017 graduate of Batavia City Schools (he graduated from high school at the age of 16), Lewis completed this CDL training while attending college full time.

Though this is no small feat, Lewis is modest about this accomplishment.

“I work part time at Torrey Farms, my cousin’s farm in Elba, and I knew that they needed drivers for their hay trucks, so I knew that it would be helpful to them if I earned my CDL license," Lewis said. "I thought that if I got this license, these skills could also help me to be more marketable in the future."

The 30-Hour CDL Class B License training course was a lesson in time management for Lewis.

“I’m grateful that the instructors were flexible with scheduling my coursework because I was able to fit this into my schedule of GCC classes,” Lewis said.

“The instructors were thorough and detailed," he said."Besides the specific training for this CDL Class B license, I learned so much about being a safe and aware driver, which is valuable training that any driver can apply."

Art Keicher is a CDL instructor for Adult Education at the Genesee Valley Educational Partnership, a position he’s held for 23 years.  He described Lewis as a solid student and also explained how the CDL Program is structured.

“Jay was a terrific student; he was eager to learn, always on time and very responsible," Keicher said. "He will be a great driver. We offer full- and part-time programs. The goal is to offer CDL instructional programs that work for everyone.

"So many people in this day and age change careers. We aim to meet the needs of our customers by being as flexible as possible so we can create a plan that works for everyone. That’s what trucking is all about."

The training includes one-to-one instructor-to-student training ratio, field training for highway, rural and city driving including day and nighttime traffic conditions. Defensive driving, backing, emergency procedures and safety are emphasized. Keicher noted the many opportunities available in this field.

“This is a great occupation!" Keicher said. "Where else can you invest six weeks of training and start in a career making between $40-45,000 per year? We see people who were financially struggling before they begin the training and after they completed the training, they now own a trucking company."

Lewis currently attends Rochester Institute of Technology, where he is studying Mechanical Engineering Technology. He continues to work part time at Torrey Farms.

The Genesee Valley Educational Partnership offers four different driving training programs including: two Class A License courses; a Class B course; and a School Bus Driver 42-Hour Program.

For more information about any of these Commercial Driver’s License Programs or any Adult Education Program, contact (585) 344-7704.

Top photo: Art Keicher, CDL Instructor, watches as Jay Lewis completes a tire check before operating a dump truck.

A suspected drug dealer from Rochester arrested on Pearl Street in Batavia this week will have a chance to make his $10,000 cash bail (or $20,000 bond) with the help of friends and family, the public defender told Judge Charles Zambito at a bail review hearing this afternoon.

Edwin Peart Jr., 36, of Brookridge Drive, Rochester, was initially held on no bail following his initial arraignment in Batavia City Court because of, by law, his prior felony convictions. Only a county court judge can set bail for a defendant facing a felony charge with prior felony convictions.

Public Defender Jerry Ader argued that soon changes in state law would mean his client would automatically be released without bail since he was held on a nonviolent felony, and given that, he suggested Zambito release Peart under the supervision of Genesee Justice. 

Ader said bail should be set at a reasonable amount -- he asked for that to be $10,000 -- because his client is accused of a nonviolent felony, and if for some undisclosed reason Peart is unable to work and earn money, bail should not be untenable.

Assistant District Attorney Kevin Finnell cited Peart's lengthy criminal record and previous failures to appear in court and a parole violation as well as a fleeing police charge as a reason to set a higher bail. He asked for $20,000 cash or $40,000 bond.

Bail is intended to ensure a defendent's future court appearance not as a punishment.

Zambito set bail at Ader's requested amount of $10,000 cash (or $20,000 bond).

Peart's criminal record goes back to 2002 when he was convicted of criminal contempt. In 2004, he was arrested from criminal possession of a weapon. In 2015, ID theft, and he had warrants out for his arrest in 2017 (though Ader said Peart turned himself in and the warrants were revoked). In 2017 he was also accused of fleeing a police officer.

Federal and state environmental agencies are continuing to monitor and work on cleanup of contaminants at the Lehigh Train Derailment Superfund Site off of Gulf Road, according to information obtained by The Batavian.

The elimination of TCE contaminants from groundwater in the four-mile-long plume area, which stretches from Gulf Road to four miles east and southeast of the derailment site, is not likely to occur in most of our lifetimes.

The derailment site cleanup was largely forgotten until 2011 when it became the focus of speculation during the Le Roy tic issue when about a dozen high school girls developed spontaneous tic-like movements.

Bob Bowcock, an environmental scientist brought to Le Roy by environmental activist and lawyer Erin Brockovich, determined then that there was no TCE reaching the school property, and it was unlikely the spill site and the tics were linked (the girls were diagnosed with conversion disorder and no scientific evidence ever emerged to contradict that diagnosis).

Information about the spill site made public by the Environmental Protection Agency since then confirm Bowcock's analysis.

In 2017, the Lehigh Valley Railroad corporation, under the direction of the EPA and the DEC, completed a vapor-extraction program at the spill site.

Michael Basile, regional spokesman for the EPA, said the vapor removal effort, which lasted for two years, did remove some TCE, but vapor extraction cannot remove all of it.

"It has been determined that there is TCE embedded in the rock/gravel at the site that cannot be removed via the SVE system," Basile wrote in an email. "Consultants for the responsible party have recently completed a study that has looked at several remedial measures that may be feasible to address the contamination at the site. It is under review by EPA and New York State. EPA will determine the appropriate next steps."

TCE, or trichloroethylene, according to the EPA website, is "a volatile organic compound." It is a clear, colorless liquid that has a sweet odor and evaporates quickly. TCE is a toxic chemical with human health concerns."

After the Lehigh Valley derailment in 1970, a plume of TCE quickly spread to the east and southeast for about four miles, in a human-foot-shaped pattern and groundwater forces around it have kept it contained to that area. It has become embedded in the bedrock of the plume area making it impossible to completely remove.

Eventually, it will all evaporate as hydraulic action brings more and more of it to the surface, but that process will take five decades or more.

"Considering the railroad derailment occurred in December 1970 -- where it was estimated that 30,000 to 35,000 gallons of TCE were spilled onto the ground contaminating the soil and groundwater -- even with the most sophisticated hydrogeological equipment it is very difficult to estimate how much contamination still exists in the area," Basile said.

The EPA says current vapor levels in the plume area are generally below the levels of human health concerns.

Basile said 13 residences in the plume area have been affected by the spill and have vapor-mitigation systems installed in their homes and the EPA continues to monitor these properties.

The public water supply has been protected from the plume, according to the EPA.

"With the extension of the public water supply to the affected homes and businesses, the installation of the soil-vapor mitigation systems on the affected homes, plus continual monitoring of the groundwater, public health and safety concerns continue to be achieved," Basile said.

Top photo: Vapor removal pipes still in place at the derailment site. The vapor removal effort has ended but the pipes remain in place while the EPA and DEC evaluate what steps to take next.

FIle photo: What the site looked like in 2012. The barrels were removed within weeks after this photo was taken, which was during Bob Bowcock's inspection of the site.

Below is a video produced by the EPA in 2017 about the spill cleanup. It goes into a great amount of detail about the hydraulics of the spill, its history, and how it's being monitored and remediated.

A traffic stop by Rochester police led to the arrest Wednesday of a teenager wanted in Genesee County for allegedly dealing drugs in Bergen.

Jahmiere D. Smith, 18, of Rochester, was the subject of an active arrest warrant out of Genesee County stemming from two alleged drug deals between Smith and an agent of the Local Drug Task Force.

Smith is suspected of dealing in heroin in Bergen and accused of selling heroin to an undercover agent on two separate occasions.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Smith was arraigned in Genesee County Court and ordered held on bail of $1,500.

The Task Force was assisted in the investigation by Genesee County Sheriff's deputies and the District Attorney's Office.

Here is the anticipated schedule for review and adoption of Genesee County's 2020 budget:

Sept. 11, Wednesday, 4:30 p.m.
Budget Discussion
Conference Session before Legislature Meeting

Sept. 11, 6 p.m.
Comprehensive Plan presentation after Legislature Meeting                       

Sept. 6, Friday
Date for departments to submit budget request to County Manager

Sept. 9 – 30
Final review of department and agency budgets by County Manager with meetings scheduled between County Manager and department heads on budget and staffing requests

Oct. 2, Wednesday, 5:30 p.m. 
County Manager reviews overall County budget with Legislature. Legislature selects which departments to review services and respective budgets for Saturday morning meeting

Conference Session after Ways & Means Committee meeting               

Oct. 5, Saturday, 8 a.m. to noon              
Legislature meets with selected departments

Oct. 9, Wednesday, 4:30 p.m.
Review department discussions held on the 5th and further review of the budget and direction for County Manager
Conference Session before Legislature Meeting          

Oct. 16, Wednesday, 5:30 p.m.
County Manager reviews status of budget and summarization of major issues
Conference Session after Ways & Means Committee meeting                 

Oct. 21, Monday
County Manager files Recommended Budget with Legislature Clerk and releases budget information to the media

Oct. 23, Wednesday, 4:30 p.m.
County Manager provides overview of Recommended Budget to Legislature
Conference Session before Legislature Meeting

Nov. 6, Wednesday, 6 p.m.
Public Budget Hearing – County Manager’s Recommended Budget -- in Courthouse Chambers

Nov. 13, Wednesday, 4:30 p.m. 
Legislature considers feedback from Public Hearing and makes further recommendations
Conference Session before Legislature Meeting        

Nov. 20, Wednesday, 4:30 p.m.
Ways and Means Committee Budget Review with referral to full Legislature
Ways and Means Meeting

Nov. 25, Monday, 5:30 p.m.
Legislature Meeting – Budget Adoption

A possible car fire is reported following a rollover accident at Lewiston Road and Lockport Road, Alabama.

Alabama fire and Mercy EMS dispatched.

UPDATE 11:27 p.m.: There is a report of a tractor-trailer involved and flames are showing. The driver is reportedly uninjured and out of the vehicle.

For the first day of school at Elba Central School, high school seniors were welcomed with poster-sized photos of their faces planted in the front lawn.

Photo submitted by Sharon Cole.

First day of school at St. Joe's. Photos submitted by Nora O'Neill.

On Tuesday, Sept. 17, at 12:30 p.m. all are invited to the William W. Stuart Forum on Genesee Community College's Batavia Campus to hear Associate Professor of History Derek Maxfield present "Lincoln: Constitutional Pragmatist."

This event is in honor of national Constitution Day. It celebrates the ratification of the U.S. Constitution on Sept. 17, 1787 when the supreme law of the land was signed by 39 men.

Maxfield will explore America's relationship with Abraham Lincoln and his association with its Constitution.

A deeper understanding of Lincoln may surprise some people, and even tarnish his popular image for others.

To some extent this is because Americans tend to think of Lincoln more as a statesman and hero, rather than a politician. The truth, however, is that Lincoln was a very talented politician and could be just as smooth, yet slippery, as the best and most manipulative of civic leaders.

Lincoln's relationship with the Constitution was shaped by both Lincoln -- the statesman, and Lincoln -- the politician, depending upon circumstances.

This event is FREE and open to the public.

Patricia A. Gibson, 29, of East Main Street, Batavia, is charged with disorderly conduct and obstruction of governmental justice. She was arrested on Aug. 30 after an incident at 8:46 p.m. on Watson Street in Batavia. It is alleged she was observed in a physical fight with another individual. Gibson allegedly ignored officers' commands, but was eventually taken into custody without further incident. She was issued an appearance ticket for Sept. 10 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider.

Wesley Thigpen, 38, no address provided, is charged with: second-degree burglary; criminal contempt of court in the second degree; and fourth-degree criminal mischief. On Sept. 3, Thigpen turned himself in to the Batavia Police Department on these charges. He is accused of violating an order of protection by entering the protected party's residence and preventing them from calling 9-1-1. He was due is Batavia City Court on Sept. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jacob L. Hernandez, 25, of McKinley Avenue, Batavia, is charged with criminal mischief. Batavia Police Officer Peter Post arrested Hernandez on Sept. 3 on an active warrant out of Batavia City Court. The warrant stemmed from an incident at 5:15 a.m. on July 4 on McKinley Avenue. He was arraigned in city court then released under supervision of Genesee Justice. He is due to return to city court on Sept. 19. Officer Post was assisted by Officer Arick Perkins.

Principal Ashley John Grillo shared these photos from the first day of school this morning at Batavia Middle School.

If you have first-day-of-school photos to share, email them to howard@thebatavian.com.

The folks at Dunkin' Donuts are root-root-rooting for the home team as the Batavia Muckdogs open a three-game playoff series at Dwyer Stadium at 7:05 p.m. against the Lowell Spinners.

Indeed, "Go Muckdogs!"

Photo submitted by Melanie Case.

Press release:

ELBA -- Elba Central School has been awarded a $10,000 grant to enhance its curriculum for STEM -- Science, Technology, Engineering and Math.

By working with farmers, America’s Farmers Grow Rural Education Program, sponsored by the Bayer Fund, awarded $2.3 million in grants nationwide this year to strengthen STEM education in rural schools.

The schools that received grants were nominated and selected by farmers in their communities and Elba's farmers answered the call to strengthen STEM education.

Elba's grant will allow it to produce and broadcast video announcements.

There will be a check presentation at the Monday, Sept. 9 Board of Education meeting at 7 p.m. at the Elba Central School Library Media Center. (The school is located at 57 S. Main St. in Elba.)

​Grow Rural Education has distributed more than $18 million in grants to more than 1,000 rural public school districts since 2011. 

For each grant-winning school, teachers, students and, oftentimes, community members develop plans to create more engaging and innovative STEM programs.

Grow Rural Education grants have helped schools purchase an array of STEM-related materials, such as augmented-reality sandboxes, weather-forecasting and robotics equipment.

To qualify for a Grow Rural Education grant, farmers nominated a school or school district to compete for a merit-based grant of either $10,000 or $25,000. School districts that were nominated then submitted a grant application describing their STEM-focused project.

Grow Rural Education’s Farmer Advisory Council, consisting of approximately 30 farmer leaders from across the country, reviewed the finalist applications and selected the winning school districts, including Elba Central School.

About America’s Farmers

The America’s Farmers campaign highlights the importance of modern U.S. Agriculture through communications and community outreach programs that partner with farmers to impact rural America. To learn more, visit America’s Farmers at www.AmericasFarmers.com.

About the Bayer Fund

The Bayer Fund is a nonprofit organization dedicated to strengthening the overall health and wellbeing in communities where farmers and Bayer employees live and work. Visit the Bayer Fund at www.monsantofund.org.