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Law and Order: Man accused of burglary extradited from Tennesee

By Howard B. Owens

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

Arrest made in thefts from two local liquor stores

By Howard B. Owens
      Willie Dozier

A Rochester man is in custody on charges related to thefts from two local liquor stores in August and November in Batavia.

Willie A. Dozier, 49, of Terrace Park, Rochester, is charged with two counts of burglary, 3rd, and two counts of conspiracy, 5th.

Dozier is accused participating in the left of $500 cash and a credit card from the back office of Mr. Wine & Liquor in the Tops Plaza on Aug. 12.

He is also accused of stealing a box of cash from Plaza Spirits in Batavia on Nov. 16.

In both cases, Dozier appeared to be working with a partner -- hence the conspiracy charges -- but no other arrest was announced yet in the case. Police say the investigation is ongoing.

Dozier was also arrested in Monroe County on charges related to similar crimes there.

He was jailed without bail.

Structure fire on Route 63, Pavilion

By Howard B. Owens

A fire is reported at 6875 Ellicott Street Road, Pavilion.

The fire reportedly started with an ATV in a shop. A house is 20 feet from the shop.

Ellicott Street Road is being closed.

Pavilion fire, Stafford fire, Bethany fire, Le Roy fire, and Alexander's Fast Team dispatched.

UPDATE 10:20 p.m.: The fire started with a four-wheeler in the shop and the first unit on scene reported a fully involved structure fire, according to Pavilion Chief Dewey Murrock. "It was pretty intense heat," Murrock said. "The first truck in, we watered down the house and then watering down the garage." (The siding of the house sustained heat damage.)

In addition to the ATV, two tractors and another piece of farm equipment were lost.  

UPDATE 10:35 p.m.: Route 63 is being reopened.

UPDATE: Photos submitted by Judy Johnson

NYS Health warns that person with measles stopped in Le Roy

By Howard B. Owens

Press release:

The New York State Department of Health announced today that an international traveler from Europe who has been confirmed to have measles visited multiple venues in New York State potentially exposing others to measles on April 30th, May 1st and May 2nd.

Anyone who visited the following locations may have been exposed:

  • Old Country Buffet, 821 County Road 64, Elmira, on April 30th between 1 and 4 p.m.;
  • Ontario Travel Plaza on NYS Thruway (I-90) in Le Roy, on April 30th between 4 and 6:30 p.m.;
  • Sheraton Niagara Falls, 300 3rd St., Niagara Falls, from 5:30 p.m. on April 30th to 9:30 a.m. on May 2nd;
  • Niagara Falls Urgent Care, 3117 Military Road, Suite 2, Niagara Falls, on May 1st between 3 and 6 p.m.;
  • Exit 5 on Interstate 390 in Dansville, on May 2nd between 9:30 a.m. and noon.

These times reflect the period that the infected individual was in these areas and a two-hour period after the individual left the area, as the virus remains alive in the air and on surfaces for up to two hours.

Individuals are considered protected or immune to measles if they were born before 1957, have received two doses of measles, mumps, rubella (MMR) vaccine, have had measles disease, or have a lab test confirming immunity. Individuals who are not immune to measles and were exposed are at risk for developing measles. The risk of developing measles is low for people who have been vaccinated or are immune.

All individuals who were exposed, especially those without immunity or who are not sure if they have been vaccinated, should monitor for symptoms of measles. Symptoms include a fever, rash, cough, conjunctivitis or runny nose.

Symptoms usually appear 10-12 days after exposure but may appear as early as 7 days and as late as 21 days after exposure. Individuals should contact their health care provider if they develop measles symptoms.

To prevent the spread of illness, the Department is advising individuals who may have been exposed and who have symptoms consistent with measles to contact their health care provider, a local clinic, or a local emergency department before going for care. This will help to prevent others at these facilities from being exposed to the illness.

Measles is a highly contagious respiratory disease caused by a virus that is spread by direct contact with nasal or throat secretions of infected people. People first develop a fever, then may have a cough, runny nose and watery eyes, followed by appearance of the rash. People are considered infectious from four days before to four days after the appearance of the rash.

The single best way to prevent measles is to be vaccinated. Individuals should receive two doses of MMR vaccine to be fully protected. If a person is unsure if they are immune they should contact their healthcare provider.

Typically, the first dose of MMR vaccine should be given at 12-15 months of age and the second dose should be given at 4 to 6 years of age (age of school entry), although individuals may also be vaccinated later in life. In New York State, measles immunization is required of children enrolled in schools, daycare, and prekindergarten. Since August 1990, college students have also been required to demonstrate immunity against measles.

Health care providers should report all suspected cases of measles to their local health department. More information about measles can be found at https://www.health.ny.gov/publications/2170.pdf

Alexander CSD pitches budget to voters that reduces spending, increases tax levy

By Howard B. Owens

A reduction in state aid for the Alexander Central School District is contributing to the district's need to raise property taxes by 38 cents per thousand of assessed value for 2018-19 even though overall spending will be reduced from this academic year.

Voters in the district will be asked to approve the proposed budget May 15.

The district is asking to spend $17,704,810 next fiscal year, a reduction in operational spending of $293,367.

State financial aid, which makes up more than half the district's budget, is being reduced by $193,685. Building aid is being reduced as well by $565,851.

The proposed tax levy, the total amount collected through property taxes, is $6,159,675, compared to $6,050,850 this year, an increase of $108,825.

That levy would put the property tax rate at $21.51, or 38 cents more than this year, per thousand of accessed value.

Catherine Huber, Ed.D., superintendent of schools, said the budget is responsible and meets the needs of students.

"We always, of course, focus on developing fiscally responsible budgets," Huber said. "To talk a little bit about a fiscally responsible budget and the things we were able to do with our last budget. With that budget, we were able to maintain staff and programs.

"With that budget we were able to build capacity in our school district by bringing on a school social worker, by bringing on an ESL teacher to build the capacity for when students come to us with varied needs their needs can be met."

With the proposed budget, the district will also be able to build capacity.

"If anybody was at our last board meeting, you heard about the expansion of our agriculture program," Huber said. "It's an exciting expansion for Alexander. We also are proposing the addition of an instrumental music teacher. Did you know that we have 300 students in grades four through 12 -- out of 800 students in the school system -- (who) participate in music?

"We just had a sampling tonight of what the quality of our programming is, so to expand that program is something we can sustain over time and something we're really proud of."

A key proposal in the budget is the addition of a school resource officer. An SRO is a member of law enforcement -- in this case, a deputy from the Sheriff's Office -- who is posted at a school full time throughout the school year.

Sheriff William Sheron attended Wednesday's public hearing and encouraged voters to approve the proposal.

He said in this day and age, an SRO isn't a "nice to have." It is a "must have."

"The officer protects the individuals here, the students, the faculty, the visitors that come in here," Sheron said. "He will interact with all the children. He will also be a mentor with the children in the school."

The SRO program has worked out very well at BOCES and Byron-Bergen Central School, Sheron said.

"The SRO is a resource for children go to when they don’t feel comfortable going to a teacher or an aide," Sheron said. "You create those relationships and those children will come to you. They’ll have faith in you. They’ll have confidence in you and they’ll share things with that officer that they wouldn’t share with anybody else."

Some budget highlights:

  • Regular classroom spending increases from $4,829,106 to $4,977,365;
  • Special education and vocational education spending is up from $2,868,973 to 2,920,888;
  • Athletics increases from $436,585 to $532,316;
  • Transportation increases from $776,134 to $818,087;
  • Maintenance for building and grounds decreases from $321,575 to $278,058;
  • Central administration spending will increase from $167,612 to $190,048;
  • School administration will increase from $585,069 to $609,329.

Tim Batzel, the district's finance director, said at Wednesday's hearing that in June the district will make its final payment on a $17.9 million bond that was financed in 1998 primarily for addition of the Middle School. As a result, next year's budget reflects a 66-percent ($530,000) drop in bond payments and a 21-percent drop in interest payments ($23,303).

Lighting upgrades continue to reduce the cost of utilities, Batzel said, and for the second year in a row, the district is benefiting from a 9- to 10-percent reduction in workers' compensation insurance.

After the hearing, during what the board calls "the roundtable," Board Member John Slenker made a statement with an apparent reference to recent school board meetings where multiple parents used public comments to voice complaints and concerns about child safety issues and whether the Code of Conduct is fairly applied. The story was reported by The Batavian.

"I would just like to remind parents that the school board is a very important function," Slenker said. "It is also voluntary. We’re not paid. The people who sit up here take the safety and education of your children very seriously. We have 15 current, future and former children among us. The other part I would like to say, it’s been an absolute honor serving with Reed Pettys and working with Catie. They are some of the best people I have ever met."

Pettys, currently board president, is stepping down following the completion of his term in June.

  • Besides the budget, there are four other ballot measures for voters to consider May 15:
  • Proposition #2: Authorize the purchase of two school buses at a cost of $305,470.
  • Proposition #3: Purchase a new marquee sign for the front of the school at a cost of $29,595.
  • Proposition #4 and Proposition #5: Establish capital reserve funds.

There is also one open seat on the school board up for election and only one declared candidate. The candidate is Sara Fernaays. The Batavian attempted to interview Fernaays after Wednesday's meeting. We wanted to ask her thoughts on the budget, the SRO, and other issues and Fernaays declined. She said she feared granting an interview would cause trouble with the school district.

The school district has a policy that prohibits school board members from speaking individually with reporters.

Security threats, increased workload stretching county's IT department beyond capacity

By Howard B. Owens

The workload for the County's IT department continues to increase and the need for reliable cybersecurity continues to grow, so Information Technology Director Steve Zimmer told county legislators on Wednesday that he needs more help.

He needs a deputy director immediately and another security analyst to work in the Sheriff's Office in 2019.

It appears he's getting both of his wishes. The committee approved a recommendation that a current vacant position be upgraded to deputy director at an additional cost of $20,000 for the remainder of the year (anticipated salary for the position is more than $70,000 annually).  

Committee members also encouraged Zimmer to start his search to hire a new security specialist in July so the new hire can start on the first day of the next budget yet, Jan. 1.

Zimmer pointed to major cyber attacks and ransomware infiltrations in Atlanta, Baltimore, Lincoln County, Ohio, and at ECMC, which cost the hospital $10 million in remediation.

“We’re spending a considerable amount of time looking at our logs, looking at our firewalls, our anti-virus appliances, trying to make sure we’re doing our due-diligence," Zimmer said. "I’m losing time every day to this stuff."

He said public safety needs at least two full-time people and right now he has one full-time person there and one person who has been taken away from other duties to help.

That means, he says, other IT tasks are being delayed.

Another major headache, Zimmer said, is the situation over at the Department of Social Services, which has long been part of the state DSS network but now the state is pushing much of the infrastructure off on the county.

There are three IT employees there who are not part of Zimmer's department holding together an outdated computer network.

"It is one of two DSS agencies in the state that doesn’t digitize anything," he said. "It’s all paper."

The state delivered 100 "zero-client" computers (meaning all software is on a server, not on the desktop) to DSS but they can't be deloyed because the network won't support them unless it's upgraded to 100 megabits. Currently, it's five megabits.

"(The upgrade is ) never going to happen, so this stuff is going to sit on a pallet shrink wrapped until the cows come home or we get together with state IT and figure out how to upgrade that network or we can get them on our network," Zimmer said. 

Problems like these, he said, he doesn't have time to deal with because of so much time of his time is spent monitoring security threats.

Legislators seem to favor self-financing energy savings contract

By Howard B. Owens

Rather than borrow $4 million with a 20-year payback to finance several energy-saving projects at county buildings, which was meeting some stiff opposition from some members of the County Legislature, a new plan for the county to loan itself the money for the contract with Johnson Controls went over well Wednesday at the Ways and Means Committee meeting.

County Highway Superintendent Tim Hens presented the proposal yesterday and was told to return at the next Ways and Means meeting with a resolution the committee can vote on.

The plan would: use $1.1 million that the county needs to spend anyway on some need capital improvement projects; use $1 million from the building equipment reserve; and borrow $1.8 million from the infrastructure fund.

The county would pay its money saved from the lower energy costs to pay back its infrastructure fund at 2-percent interest. Over the 10-life of the loan, the county would pay itself more than $200,000 in interest that would flow back into the infrastructure fund.

That's a lower interest rate than proposed for the original $4 million loan, which is 3.5 percent, and lower than the 5-percent interest County Treasurer Scott German estimated a municipal bound would cost.

Over the 20-year life of the contract with Johnson Controls, by paying off the entire cost of the contract in the first 10 years, the county will realize the benefit of an additional $800,000 in energy savings in that second 10 years. That money would have been paid toward the loan if the whole $4 million was financed by Bank of America.

Hens also discussed another proposal floated by some members of the legislature two weeks ago, that the county put down $1 million on the loan. That would also save the county money, but not as much as the self-financing option.

"I think it is a good deal for the county under all three scenarios," Hens said. "The self-funding option is by far the most beneficial to the county in terms of savings to the county and return on the investment."

Most of the opposition to the original proposal came from legislators Gary Maha and Andrew Young. Young could not attend Wednesday's meeting and Maha didn't express any objections -- nor strong support -- for the revised plan.

Marianne Clattenburg, Shelly Stein, Bob Bausch and Gordon Dibble all seemed to react favorably. Greg Torrey didn't express an opinion either way.

Legislator John Hilchey was particularly enthusiastic.

"There are very few times that a government can spend money and have it pay for itself," Hilchey said. "You can put a new road in; you can put a new bridge in; you can build a new jail. They don’t pay for themselves. This is an opportunity to make an expenditure that will pay itself back. To me it makes sense."

O-A Little League pitcher strikes out all 18 batters he faces

By Howard B. Owens

Bodie Hyde, 12, playing for the Athletics in the Oakfield-Alabama Little League pitched a perfect game tonight. Not only did no batters reach base, Bodi struck out all 18 batters he faced.

The A's beat the Yankees 3-0.

Photo by Melissa Cianfrini.

Genesee County's high school trap shooting teams jeopardized by Downstate anti-gun bill

By Howard B. Owens

This year, for the first time, Le Roy High School has fielded a team to compete in trap shooting competitions but if a Downstate assemblywoman has her way, it will be their last.

Assembly Bill 10428 is aimed directly at high school shooting competitions and courses that teach gun safety where students handle weapons. It would prohibit high schools from participating in all such activities.

"This (trap shooting) is what I do so it turned my gut when I heard about it," said Jacob Armitage, a senior at Le Roy, who along with Zachary Boneberg, helped get the team started. "I didn’t like it but some people’s views are different than mine."

The Le Roy team has 10 volunteer coaches, all experienced shooters from Le Roy, and they both practice and compete at Oakta Fish and Game Club on Circular Hill Road in Le Roy. The team is sanctioned by the New York State High School Clay Target League.

Before yesterday's competition, Bill Fox, one of the coaches and local president of SCOPE, told the team members they need to write letters expressing how they feel about the proposed bill so he can distribute them to members of the assembly.

"This is your future," Fox said. "It’s not mine or the other coaches. It’s yours. If you let this happen to you, and it’s been happening over the years, going back 50 years ago or before, they’re just going to keep taking. We can’t allow this to happen."

The bill was introduced by Assemblywoman Linda B. Rosenthal, who represents a district in New York City. The bill would also ban high school archery.

Fox said the kids and their parents need to speak up because Downstate politicians don't care about the interests of rural New Yorkers.

"That’s what they’re ripping apart right now, the Constitution, our Bill of Rights," Fox said. "They think we should live the way they do down in New York City. They just don’t think that anybody should be allowed to carry a firearm at all."

Armitage and Boneberg first proposed the school join the Clay Target League last year and the board was ready to approve it but the team couldn't find a faculty-member coach in time for the season. This year, they had more time to get things together and start the team.

They said they did it because hunting, target shooting, it's who they are.

"It brings us all together," Armitage said. "I don’t play sports, personally. This is what I do. I shoot. I’ve been shooting as long as I can remember. It’s my get-a-way, is the best way to put it."

Boneberg can't compete this year because it conflicts with his commitment to the National Guard but he said he's pleased to come out to the range and see so many kids participating in a team sport they clearly enjoy.

"I thought this was a great thing for the kids," Boneberg said.

The team competes in a conference with six other teams: Alexander, Gouverneur, Marcus Whitman, Midlakes, Taconic Hills, and Webster Schroeder. During the regular season, teams shoot at their home range and scores are tallied by a computer to determine winners. The top teams will be invited to compete in a statewide competition in June.

Other Genesee County teams are Elba and Byron-Bergen, according to the league website.

Thomas Mellon said people who are against high school students participating in firearm sports really don't understand guns or the people who are attracted to the sport and what it can do for them personally and socially.

"It’s just like anything else," Mellon said. "Forget the guns. Forget anything like that. It’s a club. It’s a team, and it brings people together. There are people here, they have nothing else to do. This is what they do. This means a whole lot to them and to us. It’s almost like a family.

"It’s important to us," he added "We feel it promotes character, team building, leadership, and it also teaches us how to properly and safely use guns so there never is an accident.

Mellon has been shooting since he was nine and his father is one of the team's coaches. He emphasized the range is a safe place for everybody there.

"Everyone is starting to believe guns are the problem," Mellon said. "As we're proving here, as you can see, everyone is safe, our muzzles are all down range; we have not had a single safety incident because if you teach someone how to safely and properly use a firearm they are not a danger. Everyone thinks we just need to take them away, but really, you need to teach, everybody needs to know, it’s not a bad thing. It’s not spooky scary."

NOTE: The link to the bill above is actually to the Senate page on the legislation, which allows for public comment.

At yesterday's competition, Genesee County SCOPE presented a check for $662 to the students from Le Roy High School who organized a "Hometown Heroes" project.

The students raised money to buy banners to hang in the Village of Le Roy with pictures and names of Le Roy residents or high school graduates (regardless of hometown) who are serving active duty in the military.

The students researched the project, including determining material and costs and presented the idea to the Village of Le Roy Board, which approved hanging the banners once they're ready.

In the photo are members of the students who participate and SCOPE members. Holding the banner are Courtney and Quinn Kacur. On the banner is a picture of their brother, Reed Kacur.

Pavilion man accused of first degree rape

By Howard B. Owens

Jerod Matthew Baltz, 38, of Sparks Road, Pavilion, is charged with rape, 1st, and criminal sexual act, 1st. Sparks is accused of sexual intercourse with another person by forcible compulsion on March 18 at a location on Sparks Road, Pavilion.

He was arraigned in Town of Pavilion Court and put in Genesee County Jail in lieu of $25,000 bail. 

Law and Order: Multiple DWI arrests announced

By Howard B. Owens

Lynn M. Homer, 45, of Platten Road, Lyndonville, is charged with; aggravated unlicensed operation, 2nd; criminal possession of a controlled substance, 7th; driver's vision obstructed; and obstructed plate. Homer was stopped at 3:22 p.m. April 13 on West Main Street, Batavia, by Officer Christopher Lindsay. She was jailed on $1,000 bail or $2,000 bond.

Travis Lilbern Robert Bartz, 22, of Buell Street, Batavia, is charged with unlawful possession of marijuana. Bartz was allegedly found in possession of marijuana during an investigation into a complaint on Trumbull Parkway at 11:03 p.m. April 22 by Officer Mitchell Cowen.

Jacob A. Kasmarek, 19, of Fargo Road, Stafford, is charged with unlawful possession of marijuana and speeding. Kasmarek was stopped at 9:15 p.m. April 23 on East Main Street, Batavia, by Officer Christopher Lindsay.

Samuel McDonald III, 54, of Bank Street, Batavia, is charged with petit larceny. McDonald is accused of stealing two cans of beer from Tops at 6:39 p.m. Wednesday.

Matthew Frank Carney, 25, of Dodgeson Road, Alexander, is charged with DWI and driving with a BAC of .18 or greater. Carney was stopped at 12:55 a.m. Friday on East Main Street, Batavia, by Officer Arick Perkins.

Jesse James Sasiadek, 24, of Cayuga Creek Road, Cheektowaga, is charged with: DWI; driving with a BAC of .08 or greater; driving while impaired by drugs; driving while ability impaired by drugs and alcohol combined; and unlawful possession of marijuana. Sasiadek was stopped at 4:26 p.m. Sunday on Route 19, Bergen, by Deputy Erik Andre.

Jay Kenneth Feitshans Jr., 23, of Alleghany Road, Darien, is charged with petit larceny. Feistshans is accused of stealing property and selling it at a local business.

Stefanie S. Kitanik, 33, of Maltby Road, Oakfield, is charged with DWI, refusal to take breath test, uninspected motor vehicle, and no plate lamps. Kitanik was stopped at 2:09 a.m. Saturday on Maple Avenue, Oakfield, by Deputy James Stack.

David Wayne King Jr., 36, of Main Street Road, Batavia, is charged with endangering the welfare of a child. King is accused of falling asleep due to a prescribed medication and as a result, his 2-year-old son left his residence and was alone for a period of time.

Nelson E. Figueroa, 29, of Batavia, is charged with unlawful possession of marijuana. Figueroa was stopped at 10:40 p.m. Saturday on Route 33, Stafford, by State Police.

Icha R. Koirala, 28, a resident of the State of New York (exact town not provided), is charged with DWI, driving with a BAC of .08 or greater and speeding. Koirala was stopped at 9:18 p.m. Friday on Route 33 in Bergen by State Police.

Laura D. Vazquez Coronado, 38, of Elba, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in lane. Coronado was stopped at 4:39 p.m. Thursday on North Byron Road, Elba, by State Police.

Spring cleaning and fresh start for Genesee County YWCA

By Howard B. Owens

Saturday morning was cool, damp and overcast but the mood at the YWCA on North Street, Batavia, was anything but downcast as more than 20 volunteers tackled a massive spring cleanup of the building and grounds in the belief that community organization has a new, brighter future.

Just a few weeks ago, the outlook for the YW was dire. Executive Director Millie Tomidy-Pepper announced the YW was out of money, in debt, and couldn't continue to operate without assistance.

"The community is showing an outpouring of support," Tomidy-Pepper said. "They want us to be here. This organization has helped so many people and I honestly didn’t know how much until I got here. Everybody has a story of how this organization helped them or they had a piece involved in it at some point."

The clean-up effort Saturday was massive, clearing away old broken toys, gardening supplies, and decorations, broken office furniture, and junk piled in the boiler room.

It felt like a fresh start.

The volunteers were among the 40 who showed up at the First Presbyterian of Batavia -- coming from churches in Byron, Corfu, Le Roy, Attica, Bergen, Batavia, and East Bethany -- that morning for three "Mission Day" projects, at Crossroads House, the Child Advocacy Center, and the YWCA.

"There are so many people here today helping," Tomidy-Pepper said. "There are people here rolling up their sleeves because this means so much to the community. My biggest thing is, we're open. We're open for business. We never stopped being open for business."

But some things have changed. The Crisis and Care Hotline is now run out of Niagara County and a group called Healthy Kids has taken over the before-school and after-school child-care programs.

"We realized that as we regroup and as we take a step back to analyze, that we can get stronger and go forward, we needed to kind of downsize a little bit," Tomidy-Pepper said. "We didn't want to do it haphazardly. We wanted to do it in a well-thought-out plan in order to transition to quality services so people will never know anything is different than it's being done by somebody else now."

Parents in the daycare programs won't notice a difference, she said. Healthy Kids is retaining all the staff at the same pay, all the same locations, the same hours, at no price difference for parents.

"They (Healthy Kids) are the rock stars here," Tomidy-Pepper said. "They really are. They did everything we asked."

Tomidy-Pepper is also getting help from the national YWCA. 

Eileen Mershart, a retired YWCA executive director, is in Batavia for more than a week to help Tomidy-Pepper and the board, with an assessment of their situation and strategic planning.

"After about a two-hour board meeting last night, I told them, they are a pretty feisty group," Mershart said. "They are committed to turning this organization around.  With that board support and the community support that I see today, and the interest from a variety of people, as the outpouring of people for friends and fundraisers, I see a path forward here.

"It may not look like it did before, but we will stay true to the domestic violence program and stay true to the mission to take this time to look at the community and community-wide needs."

Going forward, Tomidy-Pepper said there are other programs she things the YW can take on. At the top of the mission statement for the YWCA is eliminating racism. Tomidy-Pepper said she doesn't have specific ideas for programs at this time but that is important to her, she said. 

The YW also has a mission of empowering women, especially women going through difficult times, so she would like to bring back a program called "Power Up."

Along those lines, Tomidy-Pepper decorated her office with two pictures of purses from the 1970s that she found in storage at the YW and a quote from Susan B. Anthony, "Every woman should have a purse of her own."

Among the people in the community coming forward to support the YW is Guy Clark Jr., owner of Cedar Street Sales and Rentals. He's holding a Cinco de Mayo celebration May 5 and $1 from every taco sold will go to the YWCA.

That's the first of a new series of fundraisers. The second one is hosted by Rick Mancuso, owner of T.F. Brown's. The date in May hasn't been selected yet and there are still details to finalize but it will be at the restaurant.

Tomidy-Pepper also praised Bob Swinarksi and students from Genesee Community College who have come in and taken care of all the YW's IT needs, including the computer system, the website, and social media.

"I remember in the interview process (for the executive director's job), I talked about how the foundation of any organization needs to be on a solid foundation before you build a house on top of it," Tomidy-Pepper said. "We’re rebuilding the foundation."

Even with the difficult transition, Tomidy-Pepper said, "I'm staying."

She added, "There on of people who came before me. The women 108 years ago (who founded the Batavia YWCA) had more challenges than I do right now. They’re the people who worked for the right to vote. They’re the ones who went into jails. They’re the ones that risked their lives.

"I’m not risking my life here, but it’s a mission and I believe in the mission and I believe it’s going to work out."

Millie Tomidy-Pepper, left, and Eileen Mershart, under the picture of purses and the quote from Susan B. Anthony.

Downtown business owners encouraged and praised at BID's annual breakfast

By Howard B. Owens

Pastor Marty Macdonald was an evangelist for Downtown Batavia at the Business Improvement District's annual meeting and awards breakfast in the Generation Center on Friday morning.

Macdonald, pastor of City Church and the keynote speaker Friday, delivered a sermon on the virtues and values of Batavia, his belief in its potential, and his encouragement for Downtown's business owners to remain steadfast in their commitment to growth and community.

“This is the greatest city on the face of the Earth,” Macdonald said. “I really believe that. We as leaders are commissioned to make incredible decisions, not just once in a lifetime but every single day because we are presented with the call to make the future around us great. And not just for five, 10 or 15 years. We are called to change generations yet to come.”

He said he is overjoyed to see the success he sees coming Batavia's way and encouraged business owners not to gripe about the problems they might see but embrace what is going right.

"I’m thankful when I pull into the parking lot next to our building and I can’t find a place to park," Macdonald said. "I remember there was a time you could have thrown a bowling ball in any direction and not hit anything. Now people are upset because they’ve got to walk a little bit. Come on, we need to walk more anyways."

Instead of listening to the few lingering negative voices in the community who badmouth everything they see, Macdonald said we all should aim higher.

"I know I’m not talking to anybody in this room who talks about things that can’t be done," Macdonald said. "I’m talking to people who are can-do people here. Instead of saying what cannot be done or listening to the two or three voices in the community that seem to have the largest megaphone built into their mouths, let’s decide to live at a higher level than we’ve ever lived before. Let’s commit our attitude to be changed in order to go higher and go further than we have ever gone before."

After comparing and contrasting two birds of the desert -- the vulture that feeds only on dead things and the hummingbird that seeks beautiful flowers and spreads life -- Macdonald said, "Can I encourage you today to start thinking like a hummingbird, to start thinking like that one who is looking for life, looking things that are living, instead of focusing on something that is dead. I just want to throw this out here, and I don’t mean to insult anybody, but urban renewal is over. It’s dead. It’s gone. Yes, we learn from yesterday but we can’t stay stuck in yesterday if we are going to move on to a great future."

Adding, "In my church, everyone would say, ‘Amen’ right now."

Jon Mager, co-owner of the newly established Eli Fish Brewing Company, along with Matt Gray and Matt Boyd, delivered the opening remarks, talking about how the new restaurant, brewery, and restaurant incubator came to be.

"We all grew up in Batavia," Mager said. "We’re all very familiar with the area. We recognize that Downtown has been hurting for quite a few years. Over the years we, unfortunately, saw many restaurants and retail stores leave Downtown or close up completely. We admit we looked other places. We saw places with lower rent, lower operating costs, and lower construction costs over the entire project."

But they picked the former Newberry building for several reasons, including (the fact that) its surrounded by parking; Jackson Square is a hidden gem; there is ample traffic passing past the location; the current Downtown businesses are "awesome," and they are all nostalgic and love old buildings.

City Council President Eugene Jankowski talked about the benefits of the Downtown Revitalization Initiative and the process of the city winning the $10 million prize.

He recalled that while making a presentation in Albany, a slideshow of pictures was on a screen behind him when serendipity struck.

"I was talking about how I was walking to school and I remember the smell of those wet, demolished bricks and seeing this once beautiful downtown just rumble down," Jankowski said. "I remember that smell and I was telling the story, and unbeknownst to me, the picture came up of urban renewal and a pile of wet bricks. Jason (Molino) told me that afterward and I thought maybe the timing is right on this one."

Jankowski expressed his appreciation for Downtown's local business owners.

"I want to thank you from the bottom of my heart for investing your time and your hard-earned money in our Downtown and in our City," Jankowski said. "I know it’s a risk and I know sometimes it’s not always easy, but I as a Batavian really appreciate driving down Main Street and seeing all the traffic."

Jeff Gillard was named a Volunteer of the Year.

Derek Kane was named a Volunteer of the Year.

The Genesee Valley PennySaver, celebrating its 70th year in business, was named a Business of the Year. Pictured are Manual Karem, PennySaver ad manager, owner Steve Harrison, BID Director Beth Kemp, BID Board President Steve Krna, and Beth Walker, a sales associate with the PennySaver.

Adam Miller Toy and Bicycle, celebrating its 100th anniversary, was a Business of the Year. Pictured are Buzz Masse, Mark Masse, Joyce Masse, Cathy Roche, Michael Mugler, John Roche, and Krna and Kemp from the BID.

Alexander CSD releases statement about Code of Conduct concerns, announces intent to hire SRO

By Howard B. Owens

This afternoon, the Alexander Central School District released a statement to the community addressing concerns raised by parents in the district about school safety issues and how the Code of Conduct is enforced and implemented.

The statement also notifies the community that the district had already set aside money in the proposed 2018-19 school budget to hire a School Resource Officer (SRO).

The budget vote is May 15 and the district will hold a public hearing on the budget proposal next Wednesday, May 2.

Sheriff William Sheron has made it a priority to convince all local school districts to hire SROs.

"I'm very happy they made this decision," Sheron said. "It has been my position SROs should be in every school. There is no price we can put on our children's lives. I'm thrilled about the budget proposal and now we will let the voters decide."

The statement comes two days after publication of a story by The Batavian covering concerns raised by parents at two school board meetings about issues of concern.

Dear Alexander Community,

Student safety and well-being are top priorities at Alexander Central School District. Our work each day focuses on creating the conditions for students to thrive. We are committed to ensuring all of our students walk through their school days in a safe, structured, and caring environment as they strive to grow as confident, contributing learners. That commitment is our mission and drives our goals as a District.

Alexander is a wonderful community filled with caring families and remarkable children. The District provides outstanding opportunities in the classroom, in athletics, in the arts, and in clubs/organizations for all of our students. Our District is a great place for children to learn every day. Our community cares. Central to who we are as a community is our unwavering commitment to all of our students. As a District, we welcome feedback from students, parents, and community members on all matters relating to how we are meeting the needs of our students and how the District is functioning in alignment with our mission and our goals. When a student, parent, or community member reaches out to our teachers, administrators, and Board members, the concerns shared are taken seriously and acted upon as appropriate.

Recently, District administrators and our Board of Education have heard from parents regarding their concerns about the District’s commitment to student safety and well-being as well as how the District is applying the Code of Conduct.

The Code of Conduct provides a framework for our disciplinary processes when student conduct does not meet the expectations outlined in the Code. It is important to keep in mind that the details of any situation that may result in disciplinary consequences are complex, specific, and confidential. The District is not free to share the details related to specific student discipline or consequences - especially with parents and community members who are not the parent of the child involved. In fact, the District is legally bound to keep all of these matters confidential. We take that obligation seriously. Be assured, however, the fact that the District cannot provide the community with details relating to specific disciplinary consequences does not mean that the District is not taking action nor does it mean the District is not upholding the Code of Conduct. We work diligently to investigate all situations in which a student’s conduct is alleged to violate the Code and impose consequences consistent with our findings.

In responding to recent concerns expressed by parents and community members, the District’s unwavering commitment to confidentiality has put it at a bit of a disadvantage, particularly because others are not bound by the same legal requirements regarding confidentiality. In fact, some community members have questioned the District’s commitment to confidentiality and have even suggested the District was acting improperly by not sharing details of certain situations involving the District’s students. Our legal obligation and moral commitment to confidentiality should not be construed as the District being non-transparent or non-responsive. We are merely doing what we are legally and ethically obligated to do. While District administrators and our Board of Education are not at liberty to share the details of every situation that is brought to our attention, please know that does not mean that we are not committed to student safety and well-being. As a community, we must remember our commitment to each other and to our students, even when we disagree or question certain disciplinary consequences.

Our District administrators and our Board of Education have used the recent feedback from members of the community as an opportunity to reflect on our practices. In fact, conversations we started last spring with the Sheriff’s office regarding the possibility of adding a school resource officer (SRO) at Alexander CSD were reinforced by our current community conversation about student safety. The addition of an SRO is part of our 2018-19 budget proposal. We continue to welcome feedback. Through feedback, we continue to grow as a District.

As always, thank you for your support as we work to create the conditions for all students to thrive. Even when we disagree and even when all of the details of every situation cannot be shared, we always have our love for our District and our commitment to our students in common. Let's continue to work together to make sure our community remains strong and that we continue to move the work of our District forward.

With thanks~
Dr. Catherine Huber

Group of Alexander parents express frustration at how school district is handling discipline, student safety

By Howard B. Owens

A number of parents in the Alexander Central School District are unhappy with how some disciplinary issues are being handled and are speaking out at school board meetings, expressing frustration that district administration is, in their views, failing to meaningfully meet the requirements of safety and Code of Conduct policies.

The school board, and Superintendent Catherine Huber, for their part, are trying to limit what parents can tell them about their concerns and how Huber and her staff have responded to specific complaints.

Attempts to interview a board member or any board members after a meeting Monday night were rebuffed and a reporter was told only Huber could speak for the district or the board.

"Student safety and student well being is our top priority," Huber said that night. "Every parent who approaches the board or any administrator in the district, their concern is heard."

She would not comment further, she said.

Asked if based on parental feedback there was any need to make policy changes, all she said was, "I can tell you our Code of Conduct is updated on an annual basis."

Board President Reed Pettys was not present at the meeting. Reached the next day by email, Pettys issued a statement (copied in full at the bottom of this story) and said he could not and would not comment on specifics.

At a March 28 meeting, a mother of an elementary school student, Liz Felski, spoke during the public comment period and told the board a child in her daughter's class was continuously disruptive.

After mentioning she is an Alexander alumna, she said, "So you cannot imagine how disappointed I was when my daughter came home and said she was terrified to go to her class. She has encountered many violent disruptions in class, including hitting and kicking..."

At that point, Pettys cut her off and said she couldn't talk about specifics in a classroom.

Felski, herself an educator with a docorate in education (Ed.D.), then cited the Code of Conduct's language on providing a safe and orderly school environment. 

She said she doesn't believe the Code of Conduct is being followed.

"My daughter has told me her class is disrupted five or six times to redirect and get them focused," Felski said.

Felski's remarks were captured on an iPhone recording of the meeting provided to The Batavian by another parent.

"After I conveyed my concerns to Dr. Huber, she said all she (Felski's daughter) was entitled to was an education and this would be in a classroom."

Pettys interrupted her remarks again and said Felski could not mention specific individuals.

After some cross talk, Pettys said, "This is public comment and I understand there are emotions behind your thoughts. Talking about our policies is appropriate. We can’t speak to specifics in the classroom."

Felski responded, "I'm talking about my daughter's comments to me. I’m not talking about a specific student. I’m talking about what my daughter is witnessing in a classroom on a day-to-day basis."

Pettys told her specific issues should be taken up with the administration. A parent in the audience said, "they were repeatedly ignored."

Pettys said, "We are a policy-making board."

The audience member said, "We know your policies and we don't believe you're following them."

Felski tried to continue her statement and was admonished by Pettys again not to discuss classroom specifics.

"That is something to be addressed with the superintendent or the administration," Pettys said.

A parent in the audience said, "If they don't respond?"

Pettys said, "This isn’t a discussion. We’re just here to listen. This back and forth is not what it is intended for."

At which point he called another parent to the podium, who also raised concerns about student safety and the Code of Conduct. Then another parent spoke.

"Many parents are worried on a daily basis about some things that are occurring," said the mother whose name wasn't clear on the recording. "Hopefully, we can all work together to improve on the policies so they make sense for everybody."

After her, another mother spoke who said her child was also in the elementary school and she was very worried about the safety of her child.

Before Felski spoke, another mother addressed the board and laid out at least a half dozen proposed policy changes.

None of these suggested changes were captured in the board minutes, so as to give the board a better chance to consider them and discuss them at a later date.

At Monday's meeting, among the speakers was Jerome Morrison, father of Liz Felski, who said he was speaking on his daughter's behalf after she left the previous meeting in tears because she was repeatedly interrupted at the March 28 meeting and wasn't allowed to finish her statement.

"She is as well qualified as anybody in this room and she was treated like she doesn’t belong," Morrison said.

He said he didn't think the district was being responsive to the concerns of parents.

"When you refuse to grant meetings to concerned parents, or do not respond to emails, and threaten teachers and staff members about speaking out ,and cut people off who are trying to voice serious concerns, you leave parents with no options but to be heard," Morrison said.

As for his granddaughter, he is much less concerned about her safety in school. 

"There’s good news on my granddaughter’s account," he said. "She now goes to school safely and without fear. Unfortunately, she had to change schools to do it."

Outside the board meeting, Morrison told The Batavian, the child who is reportedly disruptive once raised a desk over his head threatening his granddaughter. He said the child wasn't disciplined.

Another parent said the same child brought a knife to school a few days later and received a three-day suspension.

Three other parents spoke Monday, including two who said they were frustrated because their children had been given lengthy suspensions for minor violations while the elementary school student who is said to be so disruptive never receives serious punishment. 

One of the parents, Casey Scott, said her teenage son is part of the program for students with disabilities and he used to struggle in school. This year, he had been doing great academically until he was suspended for the rest of the school year and now he's failing two classes. She said one of her complaints is that he's been out of school for nearly two weeks and she has been unable to get his assigned homework so he can keep studying.  She got some assignments from his BOCES instructor, but not from Alexander HS.

"I was also told if I pursued the issue any further it would backfire on us," Scott said.

Another parent shared similar concerns about homework for her suspended child.

Outside the meeting, Scott said her son was suspended because, on a bus trip to the BOCES campus, her son and another boy grabbed and bear-hugged another student. She said she thought it was playful, the school took it as bullying. She said he had no other disciplinary issues.

Below is the email The Batavian received from Reed Pettys (Note, in our initial set of questions to him, we asked a general question about whether he prevented a parent from speaking at the "previous" meeting. It turned out, that was actually a meeting before the last meeting. We say that to explain his final sentence.)

Thank you for attending our Board meeting last evening.  

The District takes matters of student safety, discipline, and learning very seriously.  

The safety and well-being of our students is our top priority.  

We cannot and will not comment about issues specific to any student or staff.  

Our Code of Conduct is updated on an annual basis.  I can assure you that in all cases, the Code of Conduct is and has been applied fairly and consistently.

The administrators and Board of Education listen and take action as appropriate to all concerns brought to us by students, parents, and community members.

Please know that no members of the public spoke at our last meeting on 4/11/18.

PUBLISHER'S NOTE: At 11:24 p.m. The Batavian received an email from an attorney for the school district demanding that The Batavian retract this story. While alleging many faults with the story, the attorney did not assert that it was in any way libelous or defamatory. We are not going to retract this story. We stand by our reporting. We affirm the story is factually accurate and does not suffer from the deficiencies she claims; though, in fairness, we should acknowledge one point she made. The school board, as with all public bodies in New York, is under no obligation to provide for public comments on its agenda. Further, it is not legally obligated -- though it might be wise -- to keep minutes on public comment.

DOE, which wouldn't provide loan guarantee, now threatening 1366 over plant in Asia

By Howard B. Owens

After an apparent inability to reach an agreement with 1366 Technologies that would have paved a path for the company build its solar wafer plant in the STAMP project in Alabama, an attorney for the Department of Energy is threatening legal action against the startup for planning its factory in Southeast Asia.

John T. Lucus, acting general counsel for the DOE, submitted a letter to trade representatives last week in opposition to a request by 1366 for an exemption from a proposed tariff on solar panels manufactured overseas.

Citing a claim by 1366 in its application for the exemption that it is building a factory in Southeast Asia, Lucus wrote, "1366, however, made U.S. manufacturing commitments to DOE as part of millions of dollars in funding agreements with 1366. Constructing and operating the Southeast Asia facility is likely contrary to 1366's U.S. manufacturing commitments to DOE. DOE takes this matter very seriously and is currently looking into 1366's compliance with its DOE funding agreements."

A spokeswoman for 1366 declined to comment.

"We are not providing comment on the letter at this time as we’re working to consult with the DOE to gain additional clarity," said Laureen Sanderson.

The letter from Lucas makes it sound like the DOE either released funding or followed through on commitments to help fund the $700 million plant 1366 had hoped to build in Genesee County.

In fact, 1366 withdrew its application for funding late last year and announced its plans to build a plant overseas instead of in the U.S. after the DOE failed to finalize a 2011 agreement for a $150 million loan guarantee.

After 1366 selected Genesee County for its facility, the company sought to renegotiate part of the agreement. The negotiations were put on hold following Donald Trump's election and did not resume until well after Secretary Rick Perry was confirmed. According to sources, the DOE was unwilling to make any changes to the agreement, specifically as it related to a requirement that 1366 raise $100 million in private investment. At that point, the company had raised $80 million.

The other part of the agreement used by the DOE to justify withholding the loan guarantee was that the company had not selected a location in the United States for its manufacturing facility even though 1366 had signed documents with both the Genesee County Economic Development Center and Empire State Development naming STAMP as its future manufacturing home.

The 1366 manufacturing process is patented and touted as potentially disruptive to the energy industry because it eliminates waste, lowers costs, and boosts power efficiency. It was developed at MIT.

The factory in Alabama was expected to employ as many as 1,000 people at full capacity making just solar wafers, not solar panels, and the company said all of the initial customers would be overseas and not in the United States.

The letter from Sanderson to the U.S. Trade Representative regarding the Trump administration's proposed tariff on solar panels says the company is seeking an exclusion on the portion of any panels imported into the U.S. using direct-to-wafer technology. The wafer comprises 70 percent of a panel's expense, Sanderson said.

The exclusion application also states that 1366 still plans to build a factory in the United States at some point that will employ 700 to 1,000 people.

The company said the exemption would give the U.S. solar industry "breathing room" in order to compete in the global market.

In the request summary, 1366 states:

The greatest barriers facing U.S. companies today come from a trade imbalance that places U.S.-based firms at an obvious disadvantage, scaring off private investors, stifling on-going U.S.-based manufacturing innovation and forcing U.S. companies to negotiate product sales and technology licensing agreements with foreign, state-funded companies from a position of weakness. The U.S. now has a very real opportunity to correct this imbalance and right the course for U.S. manufacturers and innovators so that they, in turn, can focus on job creation.

SolarWorld, based in Bonn, Germany, and one of two companies (along with Suniva, which has since gone bankrupt) that lobbied for U.S. tariffs of 30 percent on solar panels, opposes the 1366 exemption. While acknowledging the innovative manufacturing process employed by 1366, SolarWorld's Timothy C. Brightbill says the final product is indistinguishable from existing wafers.

SolarWorld itself has received $121 million in state and federal grants and tax breaks and another $61 million in loan guarantees. SolarWorld is also struggling and is currently seeking bankruptcy protection in Germany.

SolarWorld is also opposing an application by Panasonic/Telsa for an exemption for a part used in solar panels manufactured in Buffalo.

Grand Jury: Three people indicted for felony DWI, all allegedly had prior misdemeanor DWI convictions

By Billie Owens

Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.

Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.

Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.

Law and Order: Rochester man accused of stealing purse, credit cards in Le Roy

By Howard B. Owens
      Jessie Polito

Jessie P. Polito, 40, of 407 Frederick Douglas Street, Rochester, is charged with three counts of grand larceny, 4th, and one count of petit larceny. Polito was arrested following a lengthy investigation by Le Roy PD into a stolen purse in the Village of Le Roy and use of credit cards in the purse in Monroe County. Polito was identified as the suspect through video surveillance as the user of the cards and a warrant was issued for his arrest. Polito turned himself into Le Roy PD.

Olivia Nichole Smith, 21, of School Street, Batavia, is charged with driving while impaired by alcohol and drugs, possession of a forged driver's license, and open container. Smith was arrested after Deputy Ryan DeLong responded at 11:30 p.m. Friday to Route 33, Bergen, to a request to check the welfare of a person on a roadside vehicle.

Richard Sampel, 48, of Batavia, is charged with criminal contempt, 1st. Sampel was arrested by State Police based on a report at 10:17 p.m. Tuesday, in the Town of Alabama. No further details released.

Chelsea E. Vercruysse, 21, of Medina, is charged with unlawful possession of marijuana. Vercruysse was stopped by State Police at 9:12 p.m. Monday on Route 63 in Batavia.

Law and Order: North Spruce resident accused of robbery in order of protection case

By Howard B. Owens
      Gary Burney

Gary David Burney, 37, of North Spruce Street, Batavia, is charged with robbery, 2nd, two counts of grand larceny, 4th, criminal contempt, 1st, criminal contempt, 2nd. Burney was allegedly located in the apartment of a person he is barred from contacting in any manner. He was arrested on a warrant stemming from a prior incident where he stole the keys, purse and vehicle of the person he was ordered not to contact. Burney was jailed without bail.

Jacob Jonathan Szumigala, 24, of Orchard Park Road, Oakfield, is charged with: DWI; vehicular assault, 2nd; aggravated unlicensed operation, 1st; speed not reasonable and prudent; consumption of alcohol in a motor vehicle; violation of driving restrictions; driver's view obstructed; deposited refuse on a highway; and unsafe passing on left. Szumigala was charged following a three-vehicle, serious-injury accident on Main Street, Corfu, at 5:01 p.m. Thursday. (Previous report.)

Morgan L. Cox Sr., 50, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, and aggravated family offense. Cox is accused of violating an order of protection.

Luis A. Ramos-Mecardo, 33, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Ramos-Mecardo was stopped for an alleged traffic violation at 3:45 p.m. April 13 on Main Street, by Officer Christopher Lindsay.

Frankie McQueen, 27, of Broadway Road, Alden, was arrested on a warrant for alleged failure to appear in City Court and failure to adhere to terms of a prior sentence. 

Terry O'Neal Brock, 18, of Wellington Avenue, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and speeding. Brock was stopped at 12:38 a.m. Sunday on Route 33, Batavia, by Deputy Jeremy McClellan.

Jorden Elizabeth Prescott, 23, of Ellicott Street Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Prescott was stopped at 1:13 a.m. Saturday on Route 33, Bergen, by Deputy Howard Wilson.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with DWI, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Chavez was stopped at 8:40 p.m. Friday on East Main Street, Batavia, by Deputy Matthew Bailey.

Shequan M. Williams, 26, of Rochester, is charged with unlawful possession of marijuana. Williams was stopped by State Police at 10:34 a.m. Sunday in the Village of Alexander.

USDA undersecretary visits the Pok-A-Dot, expresses hope foreign markets will grow for farmers

By Howard B. Owens

When Rep. Chris Collins is in Batavia around noon and has time to stop for lunch, he usually makes that stop the Pok-A-Dot. Today, he had with him Greg Ibach, undersecretary/marketing and regulatory programs for the USDA (center). Joining them for lunch were Dana H. Coale, deputy administrator of the USDA, and Peter Fredericks, associate market administrator for the Northeast Market Area for the USDA.

They had just come from Wyoming County where Collins hosted a roundtable discussion for dairy farmers. They then toured the Rudgers Registered Jerseys Farm in Attica.

Before lunch was served, Ibach spoke with The Batavian about a few issues that concern local farmers.

Farmers across the nation are nervous about new protectionist trade policies but Ibach expressed optimism that things will work out favorably for agriculture.

"I’m a farmer from Central Nebraska," Ibach said. "My children and grandchildren are our fifth and six generations to grow up on our family farm. Through the years, as we’ve seen great growth opportunities for export agriculture, we always seem to hit up against phytosanitary barriers, quotas, or tariffs that have limited our true potential to grow agriculture markets. We, as farmers in the Midwest, have always asked the government to do something about those barriers and of export markets. This is administration is trying to do something about it."

He said he understands the anxiety and shares the anxiety, he said, but progress with KORUS (the free-trade agreement with South Korea) and the reports he is getting on NAFTA negotiations are positive for farmers.

"I’ve got to believe the world still wants to be consumers of U.S. products," Ibach said. "If they understand that the ticket to be able to continue to ship to us is that they expand our opportunities, I think we will be successful here and I think we’ll see even higher growth rate for agriculture commodities down the road. We may have to suffer a little bit here in the short term but we will get the benefits in the long term."

Many farmers have specific complaints about NAFTA but few want to see the agreement torn up. Locally, farmers complain about limits on the Canadian dairy and produce markets. Ibach said he understands those concerns and believes they are being addressed in negotiations.

"I'm confident we will reach an agreement that is better for everybody," Ibach said.

Another big concern for local farmers is immigration. They continue to struggle to find a sufficient and stable workforce.

Ibach said its a concern shared by farmers and ranchers across the nation, especially when it comes to temporary worker visas for employees who need to be on their farms year around.

"We're trying to work with Congress and the Department of Labor to understand those needs," Ibach said. "Secretary (Sonny) Perdue has a senior advisor who works on this issue every day. We’re trying to try to help find programs and adjustments that can be made to address agriculture worker concerns."

One of Ibach's areas of specialty is expanding ag markets to the rest of the world and he said he sees great opportunity in Southeast Asia, especially Vietnam, India and Africa.

"The entire continent (Africa) is projected to have quick, high growth," Ibach said. "At the same time, they have a lot of poverty. We're just starting to see a middle class emerge. With their agriculture, just with them trying to feed themselves, there is room for us to work with them on that and have them accept the technology out there as far as biotech to allow them to grow themselves as well as be customers of ours."

Here's a press release from the office of Chris Collins about the dairy roundtable:

Congressman Chris Collins (NY-27) today hosted USDA Under Secretary Greg Ibach for a dairy roundtable in Wyoming County and tour of Rudgers Registered Jerseys Farm. Collins and Ibach discussed the 2018 Farm Bill, NAFTA negotiations, and other issues that impact local dairy farmers.

“With the release of the Farm Bill and ongoing NAFTA talks, it is my hope that our region’s dairy farmers will soon see some relief,” Collins said. “Agriculture is the backbone of our region’s economy and it is essential that we implement policies that help our farmers succeed. I thank Under Secretary Ibach for traveling to my district to talk about important issues that face Western New York dairy farmers.”

“As a fifth generation farmer myself, I appreciate the many ways that Rudgers and other Western New York dairies contribute to their communities and the region,” Ibach said.“The American dairy industry faces challenges from a number of directions. USDA will continue to listen and work hand-in-hand with producers of every size and our Congressional partners, like Congressman Collins.”

This week, the House Agriculture Committee favorably reported the 2018 Farm Bill, which includes important reforms to the Margin Protection Program (MPP). This program provides critical protections to dairy farmers as milk and feed prices fluctuate, and proposed changes will allow farmers to receive more coverage at less cost.

The Farm Bill also strengthens investment in trade promotion initiatives, designed to build upon our current agriculture exports. This week Collins sent a letter to U.S. Trade Representative Robert Lighthizer urging him to put an end to Canada’s Class 7 pricing program. As NAFTA negations continue, Collins pledged to work with the Trump administration to get rid of this program, which has created an unfair playing field and has essentially eliminated U.S. exports of certain dairy products. 

Additionally, Collins and Ibach discussed with farmers the unfair and complicated H-2A visa system that treats workers on certain types of farms different than it treats those on dairy farms. As a strong advocate for year-round legal work status, Collins and Ibach voiced commitment to finding solutions so dairy farmers can depend on a reliable and willing workforce.

Collins added: “I always enjoy meeting with our region’s dairy farmers and thank the Rudgers family for their hospitality and honest discussion about what we need to do to get this industry back on track. I look forward to continuing our work together on ways to strengthen and grow our dairy economy.”

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