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The 2015 conviction of a Pavilion man on sexual abuse charges has been thrown out on an appeal because of what the court deemed the improper use of testimony by an expert witness.

The State Supreme Court, Appellate Division, Fourth Judicial Department, ordered that Beniluis Ruiz receive a new trial on counts of first-degree sexual abuse, two counts of criminal sexual act in the third degree, as well as five other counts in his original indictment.

The court ordered Ruiz released from prison last week, about nine months shy of his scheduled release on his four-year prison term. He's scheduled to appear in Genesee County Court on March 30 for further proceedings in his case.

Ruiz was convicted following a jury trial in 2015. At his sentencing before Judge Robert C. Noonan, now retired, Ruiz maintained he was innocent.

In the trial, Assistant District Attorney Kevin Finnell called on an expert witness to testify about the symptoms commonly exhibited by children who have been sexually abused.

That testimony would explain to a jury some of the seemingly contradictory behavior of a child who has been sexually abused. For example, they won't necessarily tell a mother immediately, or they might recant statements later -- what the court referred to as admissible evidence regarding a "pattern of secrecy, helplessness, entrapment [and] accommodation."

This expert, however, also testified about a perpetrator's conduct, which the court found was used to point to the defendant's guilt rather than as just an explanation of conduct.

"The expert explained 'grooming' and other behaviors associated with perpetrators of child sexual abuse," the court stated in its ruling. "Her detailed description of a typical perpetrator’s modus operandi, moreover, closely tracked the victim’s testimony concerning defendant’s conduct, and the prosecutor on summation urged the jury to conclude that defendant’s interactions with the victim fit the description of a typical perpetrator’s conduct as described by the expert.

"In sum, that part of the testimony of the expert describing the conduct of a typical perpetrator was not directed at explaining the victim’s behavior. Rather, it was presented 'for the purpose of proving that the [victim] was sexually abused.' "

During heavy rainstorms, the sewer pump station that serves the Bogue Avenue and Redfield Parkway area of Batavia can back up and reach the point of potential failure, according to City officials, so last week, about 100 area residents received letters asking them to meet with the City about their sump pumps.

Under City code, sump pumps are not supposed to pump water into the sanitary sewer system and reducing those connections could help avoid a problem at the pump station in the Redfield Parkway area.

"About 100 houses got the letter and even if only half of them had sump pumps (connected to the sanitary system), even if it's only five gallons a minute, that's five gallons times 50 connections, all of the sudden it's 250 or 300 gallons per minute," said Matt Worth, interim city manager. "Add that on top of normal flow downstream to the pump station, it can become overloaded. If there's a mechanical failure, that can cause the system to back up."

And what gets backed up into people's basements, starting with the person who has the lowest basement, is "dirty" water, Worth said.

That's a problem the city would like to avoid.

The letter Redfield and Bogue residents received apparently caused some residents to believe the City was going to force them to disconnect their sump pumps from the sewer system and find some other way of getting rid of water that flows into their basements.

Worth said that isn't the case at all.

"We’re trying not to be draconian about it," Worth said. "The request is for people to call, make an appointment, we’ll come, and have those discussions. We’re trying to offer as low-cost solutions as possible."

The code that prohibits sump pumps from pumping stormwater into the sanitary system has been on the books since at least 1966, Worth said, and it also provides a "grandfather clause" for homes with sump pumps built prior to enactment of the ordinance.

Two things about the clause: The clause isn't effective if pumping the water into the sewer system is determinant to the system; and, if there is no other solution available, then the resident can continue to pump water into the system.

About a dozen residents from the Redfield area attended Monday's City Council meeting and a few spoke to voice their concerns about the letter.

Don Fryling said he thought the City was just trying to dump its problem off on residents.

"Perhaps the city should update the pump station instead of pushing the problem back on the residents," Fryling said.

Jim Owen suggested the City try to secure a grant to pay for a new pump station.

Worth said a new pump station isn't really a solution because the federal and state grants used to help build the wastewater treatment plant prohibit "clean" stormwater from being processed at the plant, so the City can't intentionally take action to ensure stormwater is being mixed in with sewer water.

So far, the City has met with 15 residents and found only four sump had pumps that were pumping water into the sewer system. All four voluntarily agreed to mitigate the condition.

With that information, Council President Eugene Jankowski suggested residents simply talk with the City and figure out what the situation is for themselves.

"To the people who spoke today, I guess, my request to you is meet with Jim (Ficarella) and see if you can help the City and find a mitigation, and if you can’t, then you can’t," Jankowski said. "If you can’t do it, you can’t do it. Some of you can help and assist and there are ways to fix your problem and give the city a break and relieve some of the pressure on that pump station. That will help the rest of your neighbors out as well. Nobody is forcing you to do anything."

Matthew Scott Williams, 30, of Hundredmark Road, Elba, is charged with criminal possession of criminal property, 5th, and falsifying business records, 2nd. Williams is accused of selling another person's property at Pawn King in Batavia. He was arraigned and released under supervision of Genesee Justice.

Latiqua S. Jackson, 24, no permanent address, was arrested on a warrant for alleged failure to comply with a court-ordered program. Jackson was jailed without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal possession of marijuana and criminal use of drug paraphernalia. The youth was arrested at 11:26 p.m. Sunday on Main Street, Batavia, by Officer Mitchell Cowen.

Jacqueline M. Biglow, 55, of Prune Street, Batavia, is charged with dog running at large. Biglow was charged after police were dispatched to Prune Street at 4:54 p.m., Monday, for a report of an aggressive dog running at large in the area.

Jeremy S. LaCarte, 40, of Kibbe Avenue, Batavia, was arrested on a warrant for alleged failure to comply with court conditions. LaCarte posted bail and was released.

Roseann Cooper, 48, of Pearl Street, Batavia, is charged with petit larceny. Cooper is accused of shoplifting at Tops Friendly Market in Batavia. She is accused of concealing $33.54 worth of merchandise in her purse and leaving the store without paying.

A 16-year-old resident of Gilbert Road, Bergen, is charged with endangering the welfare of a child. The youth is accused of hosting a party at 9:55 p.m. Friday at his residence where he was serving alcohol to people under age 21.

Tyler Lee Walls, 21, of Upper Holley Road, Holley, is charged with aggravated unlicensed operation, 3rd, and criminal possession of marijuana, 4th. Walls was stopped at 8:21 p.m. Friday on Holley Byron Road, Byron, by Deputy Christoper Erion and K-9 "Destro."

James Andrew Douglas, 67, of Alger Street, Rochester, is charged with DWI, refusal to take a breath test, and speeding. Douglas was stopped at 2:13 a.m.,Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Tyler John Henderson, 29, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Henderson was stopped at 1:07 a.m. Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Press release:

New York State Department of Transportation Acting Commissioner Paul A. Karas today announced that construction has begun on a $1.4 million project to replace the bridge carrying Bethany Center Road (County Road 15) over U.S. Route 20 in the Town of Bethany, Genesee County.

The project will replace the 86-year-old bridge and improve safety for both motorists and pedestrians with upgraded guide rails, pavement markings, and signage. The bridge carries an average of more 1,500 vehicles each day.

“Governor Cuomo has made smart investments in transportation a priority across New York State, modernizing bridges and highways to support mobility and commerce, Acting Commissioner Karas said. “This bridge in Genesee County will provide safe, reliable passage for motorists and pedestrians for generations to come.”

The existing bridge will close on April 8th and traffic will be detoured. Construction is scheduled to be completed this fall.

The bridge, first constructed in 1932, will be replaced with a single-span steel structure. The two piers that support the bridge will be removed, eliminating the potential for falling concrete.

The new bridge will facilitate the movement of freight and support emergency service vehicles.

Senator Michael Ranzenhofer said, "The condition of the Bethany Center Road Bridge has been deteriorating for years, and I have been advocating for replacing the 86-year-old bridge. That is why I am pleased that this project is moving forward. This infrastructure improvement project will ensure the safety of the more than 1,500 vehicles driving over the bridge each and every day."

Assemblyman Stephen Hawley said, “Residents shouldn’t have to worry about their safety when crossing one of our area’s local bridges, and the Bethany Center Road Bridge replacement gives peace of mind to our families and businesses that use this route each day.

"Bridges are not only a means of travel from one place to the next but a means of security for our citizens making the morning commute, our children taking the bus to school, our emergency, fire and police vehicles responding to an accident and our business owners transporting goods to market. Projects like this are crucial to the vitality of our economy and community, and I am pleased to see it moving forward.”

Consistent with Governor Cuomo’s Drivers First initiative, this bridge project was designed to minimize impacts to the traveling public. The bridge is being closed to all traffic so that work can be completed most efficiently. Two types of detours will be put in place.

During the replacement of the bridge, Bethany Center Road will close for approximately five months. A southbound detour will be posted for motorists to use Old Telephone Road, Route 20, East Road, and Raymond Road. Local traffic will be maintained, but not over the bridge.

Additional temporary detours will be posted to reroute traffic from Route 20 onto Old Telephone Road, which runs parallel to it, for safety purposes during the demolition of the existing structure and placement of the new bridge. This detour will be in effect for the following dates:

April 9 to April 22 from 7 a.m. to 7 a.m.
June 5 to June 8 from 7 a.m. to 7 a.m.
July 10 to July 12 from 5 a.m. to 5 a.m.

Motorists are reminded that fines are doubled for speeding in a work zone. In accordance with the Work Zone Safety Act of 2005, convictions of two or more speeding violations in a work zone could result in the suspension of an individual’s driver’s license.

PHOTOS: Photos from 2012 by Howard Owens.

Joseph M. Tornabene, 26, of Dellinger Avenue, Batavia, is charged with third-degree assault, aggravated criminal contempt, fourth-degree criminal mischief, and second-degree robbery. Tornabene is accused of physically attacking a woman during a violent domestic dispute, causing injuries. He is also accused of forcibly taking the victim's mobile phone, preventing her from calling 9-1-1. He also allegedly violated an order of protection. He was jailed on $25,000 bail.

Daniel Edward King, 41, of Phelps Road, Pembroke, is charged with failing to register a change of address within 10 days as a sex offender. The charge followed an investigation into an incident in the Town of Pembroke.

Bin Chen, 32, of Wangman Street, Rochester, is charged with possession for the purpose of sale of 30,000 or more untaxed cigarettes, criminal tax fraud, 3rd, and failure to stop at stop sign. Chen was stopped at 1:29 a.m. Friday in the area of 7152 Alleghany Road, Alabama, by Deputy James Stack.

Jacob Russell, 22, of Walkers Corner Road, Byron, is charged with criminal possession of a weapon with a previous conviction and unlawful possession of marijuana. Russell was charged following a search of his residence by probation officers, who allegedly found a switchblade knife and five marijuana smoking devices containing marijuana. Russell was jailed on $20,000 bail or $40,000 bond.

Kevin Watson, 58, of East Main Street, Batavia, is charged with petit larceny. Watson is accused of stealing several items from Dollar General.

Scott D. Larnder, 41, of Tracy Avenue, Batavia, is charged with an unlicensed dog and owning a vicious dog. Larnder's dog allegedly bit another person at his residence at 10:23 p.m. on March 12.

Across the country today protests against gun violence in schools were held in cities large and small, and news reports indicate many high school students joined those protests, dubbed nationwide as "March for our Lives."

There was also a march in Batavia today, organized by local progressives, and more than 200 people turned out -- mostly adults, mostly people age 50 and older.

The idea of high school students grabbing the spotlight in the fight against gun violence began after the Parkland, Fla., shooting where 17 students died and students at that school immediately began speaking out.

On March 14, hundreds of Batavia High School students participated in a national walkout to protest gun violence at schools.

Few of those students turned out for today's event. There were perhaps five or six teenagers in today's crowd.

Batavia HS student Lauren Leone served as the event's emcee and one of the speakers was BHS student Sophia Alkhouri Stuart.

"We are calling all the adults in our country to live up to their responsibility to help protect us from gun violence," Stuart said. "Today as you march, you are marching for life. We need to be united in our commitment to life and to innocent children who are committed to learning. We need to eliminate the ability of those who seek to harm others to get ahold of a gun. This is our time and this is our chance to change the story of our schools."

The other speakers were all adults.

Pastor James Renfrew opened with a short sermon drawing on a parable from the New Testament about a farmer sowing seeds. Renfrew said there were many lessons to draw from the parable, including the importance of listening.

"Listen to our children," Renfrew said. "Listen to their worries and fears. Listen to their thoughts and dreams. In listening, we become the seeds planted in good soil, growing, and thriving and multiplying God’s hopes. As you listen to the voices of children, it becomes the amazing harvest described in the parable."

Most of the signs carried by marchers called for some degree of elimination of guns, such as banning assault rifles.

While not naming the National Rifle Association, Gary Pudup called out those organizations that oppose any and all gun control. 

"There are those who will make false arguments trying to distract us from our goal, a society free of the constant fear of gun violence," Pudup said. "They will say we should simply strengthen background checks when strengthening background checks is meaningless unless the laws behind them are meaningful.

"They will tell us that teachers with guns are the cure for what ails us" -- at which point several people cried out "No." -- "They will tell us that the young man who committed the murders at Parkland was evil as if a 19-year-old was the very definition of evil. Let me give you my definition of evil. Evil is an organization that holds the values of profits higher than the value of children’s lives."

Pudup did praise a group founded in Rochester that is pursuing legislation focused on keeping guns out of the hands of potentially violent people, Moms Demand Action for Gun Sense in America. The organization is backing a bill that would create an "Emergency Restraining Protection Order," which would create a process in court to deny access to guns to anybody who is a threat to themselves or others.

Bethany resident Carol Kistner then spoke and said she had recently joined Moms Demand Action for Gun Sense in America. She was dressed in a camouflage jacket that belongs to her husband and a camouflage shirt that belongs to her father to also represent her family's hunting interest. And the layers of clothing also represented the multilayered problem of gun violence, that the problem is complex and will defy easy solutions, such as just taking away guns.

She said Moms Demand Action for Gun Sense in America is an organization not interested in taking away anybody's guns.

"We recognize and want to preserve this wonderful tradition that my family has enjoyed forever," Kistner said. "Moms Demand Action for Gun Sense in America recognizes that there is a great fear among those who enjoy sports, the sports of shooting and hunting.

"We honor those traditions but our biggest challenge is to get out the word to our rural counties just like this one that we are not against you. We are for you. No one has greater respect for guns and gun safety than hunters and sportsman."

She said it's really up to those who understand guns and gun safety to support sensible action to help reduce gun violence.

She said the legislation the group is backing in New York would provide a process to deny access to guns for people who have threatened suicide, have shown they are violent criminals, or the violently mentally ill.

"Those are three places to potentially remove guns — with due process, of course," she said.

After the speech, the group marched from Williams Park to City Hall chanting slogans such as "Enough is Enough" and carrying their signs.

Top photo: Sophia Alkhouri Stuart.

Carol Kistner

A former Pavilion resident held a press conference in Buffalo today and said that he was abused by a priest at St. Mary's in Pavilion when he was 16 years old in 1980.

Wayne Bortles said that Father Robert P. Conlin, who was appointed pastor of St. Mary's in 1977, abused him in a basement of the rectory recreation room where youth gatherings were sometimes held, according to WBEN.

"He touched me all over, and he wouldn't stop," Bortles said.

Conlin died in 1997 and is one of at least four Catholic priests with ties to Genesee County who have been accused of sexual misconduct.

This week the Diocese of Buffalo released a list of 42 priests who served in Western New York who have been accused of sexual misconduct.

Included on the list were Father Donald W. Becker, who served two terms at St. Mary's and has denied any wrongdoing, Father Fred Ingalls, who served at St. Joseph's from 1974 to 1982 and from 1990 to 1996, and Father Richard Keppeler, who was appointed to St. Brigid in Bergen in 1973, became pastor there in 1974 and served until his retirement in 2003. He died in 2011.

Ingalls admitted in Federal Court in 2004 to the acquisition of child pornography.

Conlin's name is not on the list released by the Diocese, which only includes names of those who were removed from the ministry as a result of allegations, were retired or left the ministry after being accused of sexual misconduct. It also includes the names of priests who died with two or more allegations against them.

Before today, Bortles had not made a public allegation against Conlin.

Today, Bishop Richard J. Malone issued a videotaped apology for the sexual misconduct of priests in the diocese (embedded below).

Bortles said an apology wasn't enough.

 "I don't know how an apology would impact me," Bortles said. "I mean, the sentiment is nice, but there is more, obviously, that needs to be done." 

Bortles said the parish social hall in Pavilion is named after Conlin and there is a large picture of him in the hall. He thinks the hall should be renamed and the picture removed.

He believes there were other victims of Conlin in Pavilion and that they should come forward.

Here's a PDF of the list released by the Diocese.

Phillips S. Muzzy Jr. is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 22 at about 12:45 a.m. that he knowingly unlawfully entered  the Pavilion Farms gas station on South Lake Road in Pavilion with the intent to commit a crime. In count two, he is accused of second-degree criminal mischief, also a Class D felony, for allegedly intentionally damaging property belonging to others. Muzzy allegedly damaged a glass door, computerized cash register system and cash drawer, in an amount exceeding $1,500. In count three, the defendant is accused of petit larceny, a Class A misdemeanor, for allegedly stealing property from Pavilion Farms. In count four, Muzzy is accused of another count of third-degree burglary on the same day. He is accused of knowingly and unlawfully entering another gas station, Crosby's on Telephone Road in Pavilion, with the intent to commit a crime. In count five, he is accused of third-degree criminal mischief, a Class E felony, for allegedly intentionally damaging the property belonging to another. He is accused of damaging a glass door in an amount exceeding $250. In count six, Muzzy is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property from Crosby's having a value exceeding $1,000.

Karaya D. Cummings is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Cummings knowingly and unlawfully possessed a narcotic drug -- heroin -- with the intent to sell it. In count two, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for operating a 2006 Hyundai on Route 490 while her privilege to drive in New York was revoked by authorities. The indictment states the defendant had 10 or more suspensions in effect, imposed on at least 10 different dates, for failure to answer, appear or pay a fine in Monroe County in the City of Rochester from Feb. 4, 2014 through Oct. 23, 2016, and on Christmas Day (Dec. 25) 2013 in the Town of Ogden.

There have been some nice surprises along the way in getting Eli Fish Brewing open over the past couple of weeks for owners Matt Gray and Jon Mager, not the least of which is the crush of people crowding into the large bar and dining area that was once the retail store space of J.J. Newberry.

There's also the quality of the staff they've been able to hire; how well the brewery is working out as a workspace for Mager; the quality of the New York brews and spirits they've been serving; and the overwhelmingly positive feedback they've been getting in person and on social media from customers throughout Western New York.

Now, it's time for the grand opening, which is Saturday and will highlight the launch of the first two new beers from Eli Fish. There will be a ribbon cutting at 2 p.m. with food samples served until midafternoon and $5 drafts all day long.

"Our nighttime crowds have been pretty surprising," Gray said. "Our Friday and Saturday nights have been very good. We’re serving a lot of guests and everybody seems to be happy with it."

For those visitors who get out and about often in the community, there has been a common observation as they wade through the large crowds on a Friday or Saturday night -- a lot of unfamiliar faces.  When you are out and about often enough in a small community, you get used to seeing the same people. There's a lot of new faces showing up at Eli Fish.

Gray, who also owns Alex's Place, has noticed the same thing.

"I'm noticing two different things," Gray said. "The crowd that is here that I do know and is local I don't see at Alex's, so they're not dining at that establishment. And then there are the ones I don't know at all, and there's a lot of them."

One of the goals of the City and Batavia Development Corp. has been to encourage more restaurants and bars downtown to help capture the estimated $2 million local residents spend in Rochester and Buffalo rather than Batavia. Of course, bringing people from Rochester and Buffalo and the other surrounding counties to Batavia would be a good thing, too.

Gray said one of the things they'll do with the grand opening is hold drawings, which include a registration that captures the zip code of entrants so they can get a better feel of where their new customers are coming from.

Mager said several posts on social media have indicated people are driving from the two metro areas to Batavia to visit Eli Fish.

But a common theme in the reviews is also that once people are inside the building they don't feel like they're in Batavia. They feel like they're in Rochester or Boston or somewhere else.

"That leads me to believe that there are a lot of people from Batavia who are coming and have been looking for something different, so it’s cool," Gray said.

Getting people to come into a new restaurant is one thing. Getting them to come back, especially to fill a space as large as Eli Fish, is another thing.

The positive reviews of the booze and food so far are a good indication people will come back, and there are trends in the first two weeks of the soft open that indicate people will come back. Gray noted that a number of people have come in expecting just a brewery but during the visit also learned there are menus with hearty entrees and a fully staffed and stocked kitchen. There's already a trend, he said, of people coming back for a second visit for lunch or dinner.

To help provide reasons for people to visit Eli Fish regularly, Gray and Mager installed an indoor bocce court. They plan to sponsor bocce leagues and tournaments. They are also considering euchre and bridge tournaments, as well as other games suitable to the space.

"Jon and I, right from the get-go, have looked at Eli Fish as a community space, a place where people go to meet, whether it’s family, friends, business meetings, events, and so on," Gray said. "We're very surprised at the number of calls that we’ve gotten to book larger events, 30 to 50 people. We have a lot of those already scheduled."

Another attraction for customers, of course, will be the two food stands inside the building that will be occupied by winners of the FreshLABs restaurant startup competition. EDEN Vegan has already been selected for one of the spaces and is expected to open April 22.

Mager said he's also been pleased with the brewery they built in the basement of the century-old building.

"We did a good job making it a functional space," Mager said. "We’re not too cramped. We’re not tripping over ourselves, so brewing down there is enjoyable and so far it’s gone very, very well."

While the light has shone the first two weeks on the restaurant and bar, Saturday is Mager's big day when his first two beers from the brewery make their debut.

There will be an IPA called "First Draft" and a blonde that didn't have a name as of Thursday afternoon but will be christened by Saturday.

"Saturday is going to be a pretty fun day," Mager said.

One unique feature of the bar is that all of the beers and spirits are brewed or distilled in New York. There are no mass produced brews or liquors. Everything is handcrafted.

That means some of the labels can be pretty unfamiliar to most customers when they first come in, that puts pressure on servers to have good palates, experience and knowledge of what they're serving.

"One of biggest, pleasant surprises we had was the quality of the people that applied for our serving and bartending jobs," Gray said. "They are experienced. They know their stuff and they are open about learning new things."

New customers, new beers (20 on tap) and new spirits, and new staff have meshed nicely together so far, Mager said.

"It is a learning experience on what to recommend to somebody who comes in and says 'I like Coors light, what would you recommend?' and I think everybody’s been picking it up pretty well that, yeah, it is a craft beer, but it doesn’t mean that it’s super hoppy and super alcoholic. We have light craft beers and the few that we have that fit that bill have been the highest sellers."

Both Gray and Mager have been surprised to discover just how good New York's spirits can be, as well.

"Most people don’t think that New York is going to produce like excellent world-class gin,' Mager said. "We’ve got gins back there that I would put against Beefeater and everything else all day.

"There is a vodka out of Clarence," he added, "that me and Matt sampled together. It was fantastic. It’s not like you're making a concession. It’s not like you’re settling for something less than premium."

With Gray quickly adding, "They’re premium."

Gray likes Irish whiskey, but he enjoys all whiskey and it's been an adventure sampling what New York has to offer.

"I like trying them all," he said.

"That’s pretty much my outlook on craft beer," Mager added. "I don’t like going to a bar with a specific beer in mind. I like trying them all. Sometimes they’re not my favorite but I like the adventure of trying them all."

Eli Fish is someplace not like Batavia, is the feedback, someplace that offers a bit of an adventure, someplace to bring the community together, and it seems that so far Eli Fish is off to a good start.

But it's not complicated, said Gray, who got his start in the food business a couple of decades ago with Matty's Pizzeria. The basics remain the same.

"A lot of things have changed (since Matty's) but it's all the same thing," Gray said. "There are only two people you’re trying to make happy, and that’s your guest walking in the door and your staff.

"You want to make sure everyone working with you wants to be there and is happy to be there, and then you want to make sure they are also making sure that every guest who walks in is happy with what you’re putting out and the service you’re getting. Whether it’s a round pizza or a square plate, it’s pretty much the same thing."

County Treasurer Scott German told members of the Legislature on Wednesday that he's somewhat surprised that Standard & Poor's has continued Genesee County's slightly downgraded credit rating because of a "weak economy."

He said he disagreed with the assessment.

"For some reason, they say we have a very weak economy here," German said. "I don’t get that."

The county's rating is AA-, which has been the case for awhile now. The minus after AA indicates the county is a slightly worse credit risk than other agencies with an AA rating. The highest rating is AAA.

A credit risk assessment, or bond rating, effects the cost of borrowing money, such as it needs for water projects or is likely to need for a new jail.

The county fares well as a credit risk because of good management, budgetary performance, strong budgetary flexibility, very strong liquidity, and low debt load.

The county's credit risk outlook for new municipal bonds is "stable," according to the report.

It's the "very weak economy" that is dragging the credit rating down, according to the report.

S&P's report says that the buying power of county residents is 83.2 percent of the national level with a per-capita market value $49,542.

"Overall, the county's market value grew by 2.1 percent over the past year to $2.9 billion in 2018," the report states.

The report does note that while income is below state and national averages, the county's unemployment rate is also traditionally lower and that remains true.

The county's tax base has increased modestly and consistently over the past five years.

There is unrealized hope for growth through the county's economic development efforts, the report states, particularly with STAMP -- Science, Technology and Advanced Manufacturing Park -- the 1,250-acre nano-tech business park under development in Alabama.

"However, given its early stages of development, it remains to be seen if these industries will relocate to the county," the report states. "One company recently changed its decision to move to the park."

The report also takes note of the $10 million allocated by the state for the Downtown Revitalization Initiative and the expansion of the HP Hood facility in the Genesee Agri-Business Park as positive signs for the future.

"Given the modest amount of development still ongoing, we do not expect the tax base to experience any negative pressure in the near term," the report states.

Robert Edwin Ratcliffe, 38, of South Main Street, Castile, is charged with burglary, 3rd, grand larceny, 4th, and criminal mischief, 3rd. Ratcliffe is accused of smashing at window of Batavia Cycle Center, 4988 E. Main Street Road, Batavia, in order to gain entry to the building and then stealing a dirt bike during the overnight hours sometime between May 23 and May 25. The case was investigated by Investigator Christopher Parker, Deputy Chad Cummings, Investigator Jame Diehl, Chief Deputy Joseph Graff and DEC Officer Richard Rauscher. Ratcliffe was arraigned in Town of Batavia Court upon his arrest and released under supervision of Genesee Justice.

Alex S. Dumbleton, 24, of West Main Street Road, Batavia, is charged with aggravated harassment, 2nd. Dumbleton allegedly threatened another person at 4:44 p.m. Monday at a location on Franklin Street, Batavia.

Leon W. Johnson, 34, of South Main Street, Albion, is charged with stalking, 3rd, stalking, 4th, and endangering the welfare of a child. Johnson allegedly threatened injury to another person and caused harm to another person's mental and emotional health in an incident reported Monday. He was jailed on $5,000 bail.

Arlena G. Cox, 57, of Dellinger Avenue, Batavia, is charged with petit larceny. Cox is accused of stealing $62.53 in makeup and soda from Tops Friendly Market.

Otha E. Rivers III, 37, of Lakeshore Drive, Canandaigua, was arrested on a warrant stemming from an illegal parking ticket. Rivers appeared in City Court, entered a guilty plea, and paid a fine.

Steven P. Lee, 35, of Warsaw, is charged with DWI, criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and unlawful possession of marijuana. Lee was stopped at 7:55 p.m. Wednesday on Route 33, Stafford, by State Police.

The County Legislature is likely to support a state bill to provide funding to local school districts for school resource officers.

Yesterday, the Public Service Committee voted unanimously to forward a resolution to the full legislature for approval to express support for such a bill.

Currently, Assemblyman Steve Hawley is backing a bill that would provide $50,000 to each school district in the state to help fund a school resource officer.

The New York Association of Counties is proposing state funding of $100,000 per year.

That would cost state taxpayers more than $2 billion a year.

Sheriff William Sheron supports paying resource officers in schools.

Currently, there are deputies working at the BOCES campus and Byron-Bergen High School and a Le Roy police officer at Le Roy High School.

Sheron said a deputy assigned to a school would cost $111,000 a year, excluding a vehicle, for 10 months assigned as a resource officer. The price climbs above $120,000 for an officer employed for a full 12 months.

The county could be on the hook for additional costs, but legislators yesterday made it clear they expected school districts to cover any unreimbursed costs for resource officers.

School resource officers are armed and sworn law enforcement officers who can provide security at the school but also interact with students and assist them with life issues.

One issue constraining the ability of the county to cover the expense is the property tax cap. If the county exceeds the tax cap, the state won't reimburse the county for expenses related to Raise the Age adjustments in courts and incarceration for 16- and 17-year-olds.

Elizabeth Michelle Grattan, 27, of State Street, Batavia, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Grattan is accused of stabbing another person with a steak knife during a fight reported at 9:50 p.m. Friday at a residence on Lewis Place, Batavia. Grattan was ordered held until her next court appearance.

Jason J. Raffel Jr., 25, of South Main Street, Batavia, is charged with obstructing governmental administration, 2nd. Raffel is accused of refusing to leave an active crime scene at 10:27 p.m. Saturday on State Street, Batavia.

Bryan D. Bates, 38, of East Center Street, Medina, is charged with criminal contempt, 1st. Bates is accused of violating an order of protection at 11:22 p.m. March 11 at a location on Oak Street, Batavia.

Moises Garza Jr., 21, of Washington Avenue, Batavia, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Garza was charged following an investigation into an incident reported at 4:45 p.m. Saturday at a residence on Washington Avenue. Garza was ordered held without bail.

Eric Jon Merritt, 28, of Rose Road, Batavia, is charged with criminal contempt, 1st. Merritt allegedly contacted two protected parties at 8:49 p.m. Saturday in violation of stay away orders of protection.

Eric James Olverd, 45, of Buell Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and no taillamp. Olverd was stopped at 12:51 a.m. Sunday on Central Avenue, Batavia, by Investigator Christopher Parker.

A priest assigned to St. Mary's in Batavia for 12 years starting in 1991 has denied allegations that he sexually molested three people during his time with the Buffalo Diocese.

The Buffalo News has reported that three men have claimed that they were molested by Rev. Donald Becker, including one who said he was paid a settlement by the church.

While the News did not report Becker's connection to St. Mary's, a spokesman for the diocese said he was assigned as pastor there for a six-year term in March 1991 and reappointed pastor in March 1997. His second term ended in March 2003.

The News reports that Becker served nine parishes in the diocese from 1968 through 2002, including: St. Mark's in Rushford; St. Mary's of the Assumption in Lancaster; St. Bonaventure in West Seneca; SS. Peter & Paul in Hamburg; Nativity of Our Lord in Orchard Park; St. Stephen's on Grand Island; and St. Agatha's in Buffalo.

Becker, who now lives in Florida, told the News that he retired for medical reasons. He suffers from Parkinson's disease.

Two of the men who spoke to the News, but were not named in the story, said they were teens when they encountered Becker. The other said he was 9 years old.

The accusations against Becker has apparently increased pressure for the diocese to be more transparent about priests accused of sexual abuse.

Det. Eric Hill said there have been no criminal complaints against Becker in the City of Batavia and there is no current investigation since there have been no complaints.

Tariffs on steel and aluminum announced by the Trump Administration last week could put a squeeze on profits for local manufacturers, according to the executives at Graham Corp., Chapin Industries, and Liberty Pumps.

"Yes, we are adversely impacted by higher costs from imported carbon steel and stainless steel," said Jeff Glajch, chief financial officer for Graham. "We are also seeing significant increases in costs from our domestic suppliers. Making the situation more challenging is that our foreign competitors are not impacted, and if they import finished product, it is not affected by the tariffs."

While details of the tariff plan have not been released, the administration has said it plans to impose in just a few days a 25-percent tariff on steel and 10-percent tariff on aluminum. This would be a tax on all steel and aluminum imported into the United States from other countries. 

The tariff was announced under rules that allow a nation to impose a tariff for national security purposes in order to protect an industry considered vital to a nation's defense.

Even though the tariffs have not taken effect yet, manufacturers around the country are reporting that prices on steel and aluminum have been rising and are getting a bump by the anticipated tariff and are expected to rise further. Those price increases get passed on to consumers or profits must be cut.

"In steel, we use many many tons," said Jim Campell, CEO of Chapin. "Over the last 12 month, steel prices have already increased significantly. We have absorbed and offset these cost, however, we have not raised prices to our customers.

"If and when steel manufacturers raise prices again, it will impact our bottom line," Campell added. "Depending on the amount of the increase, we may be forced to raise prices, which in the end will truncate our sales and hurt our bottom line. As you know tariffs are a two-edge sword, helps some, hurts others (mostly the consumer)."

At Liberty Pumps, price increases so far have not had a big impact.

"I just had a conversation yesterday with Purchasing," said CEO Charlie Cook. "Yes, prices are going up. It has been widespread but so far just moderate percentages. When blended into the total cost of products including overheads, etc., it’s not something we’re going to react to yet. We really can’t anyway since we just imposed a price increase in January.

"Have to say," he added, "it will be good to see some U.S. furnaces cooking again."

The tariffs, however, come at a time when the steel industry in the United States is healthy. The sector is coming off of 22 consecutive profitable quarters, according to the latest report from the Department of Commerce (pdf), with net income (profits) of $869 million in the final quarter of 2017. 

In the final month of 2017, domestic steel production increased by more than 2 percent, from 6.6 million metric tons in November to 6.8 million metric tons in December while prices went up 6.7 percent. 

The tariffs are ostensibly aimed at China, which has become the world's largest steel producer, producing more steel than the United States, Mexico, Canada, the EU, and Russia combined, but China accounts for only 2 percent of the steel used in the United States. Seventeen percent of imported steel comes from Canada, 14 percent from Brazil, 10 percent from South Korea, and 9 percent from Mexico.

Even with all those imports, U.S. producers still control 70 percent of the domestic market, according to Scott Lincicome, an international trade attorney associated with the Cato Institute.

Many economists are predicting higher prices for consumers as a result of the tariffs. When President Barack Obama imposed a tariff on tire imports from China, it may have saved 1,700 U.S. jobs but at a cost to U.S. consumers of $900,000 per job saved.

Many economists have predicted that the new tariffs will unleash a trade war, but since the tariffs are being implemented under national security rules, the United States can make exceptions for countries considered allies. These include its foremost trading partners, allowing trade negotiators to zero in on China, leading Harvard economist Martin Feldstein to speculate that the real target of the tariffs is China's continued insistence on obtaining U.S. technology from companies trying to do business there. The tariffs, Feldstein speculates, could be used as leverage in trade negotiations over the issue.

The situation for aluminum is very different than steel for the United States, which imports 90 percent of its aluminum used in everything from beer cans to jet fighters, and imports are rising, according to The Washington Post. That said, higher prices for aluminum will mean higher prices for beer and soda pop.

None of the Genesee County companies anticipating higher prices on steel and lower profits anticipate layoffs as a result of the changing financial picture, even though some economists have predicted from 140,000 to 170,000 jobs lost across the country as a result of the tariffs.

Campell at Chapin said there will be no local layoffs. 

"We have not had a production layoff in the last decade," Campbell said. "We go to great lengths to keep our workforce intact. It may, however, slow some of our growth."

Glajch, at Graham, said even with the increased production costs, the business is growing.

"We are not anticipating layoffs," Glajch said. "On the contrary, we are hiring. Our core markets have shown early signs of some improvement and our Navy business is doing quite well. We are hiring for direct labor and certain engineering and sales roles."

David T. Neauaus, 31, of Fisher Park, of Batavia, was arrested on a warrant for alleged obstruction of governmental administration, 2nd, resisting arrest, endangering the welfare of a child, and criminal trespass. He was jailed on $5,000 bail. He was also arrested on charges of assault, 3rd, and unlawful fleeing a police officer in a motor vehicle. The alleged incidents occurred March 10. Bail on these charges was set at $10,000.

Rebecca V. Flanagan, 41, of Sliker Hill Road, Conesus, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Flanagan was stopped at 4:48 p.m. Wednesday on Ellicott Street, Batavia, by Officer Cowen Mitchell.

Elliot Lee Lyons, 27, of State Street, Batavia, is charged with criminal mischief. Lyons was charged after surveillance video revealed he allegedly damaged a wall inside a residential facility on State Street.

Paula G. Pierce, 26, of Lewis Place, Batavia, was arrested on a warrant for alleged failure to comply with a court-ordered program as part of a previous sentence on a criminal conviction. Pierce was released on her own recognizance.

Katty L. Jackson, 22, of Summer Street, Buffalo, is charged with criminal contempt, 2nd. Jackson was arrested after police were dispatched to Central Avenue, Batavia, at 8:21 p.m. Tuesday to investigate an incident and located Jackson, who was allegedly violating an order of protection.

Johnny Dinh, 40, of Clinton Street, Batavia, is charged with forcible touching. Dinh is accused of touching another person inappropriately without consent or invitation at a location on Clinton Street Road, Batavia, on Feb. 28.

Brett Nelson Magoffin, 42, of Genesee Street, Corfu, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Magoffin was arrested following an investigation at 11:16 p.m. Thursday into a physical altercation at a location on Simonds Road, Darien, by Deputy Andrew Mullen and Deputy Ryan Young.

Jonathan Christopher Elleman, 26, of Exchange Street, Attica, is charged with DWI, driving with a BAC of .08 or greater, and driver's view obstructed. At 2:40 a.m., dispatchers received a report of an erratic driver in the Town of Darien. Deputies Ryan Young and Eric Meyer responded and located a vehicle matching the description of the one reported by a caller parked on the side of Sharrick Road. Upon further investigation, Elleman was charged.

Lou Ann Lindsley, 62, of Medina, is charged with DWI and refusal to take breath test. Lindsley was stopped at 8:50 p.m. Sunday on Route 77, Alabama, by State Police.

Jacob J. Szumigala, 24, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Szumigala was stopped at 2:52 a.m. Sunday on Lockport Road, Alabama, by State Police.

After looking over the final $15 million in grant-request projects Batavia will submit to the state for its Downtown Revitalization Initiative prize, Councilman Al McGinnis said he was pleased and excited about the prospect for the future of the city.

"I think we’re lucky enough to be around here in five or six years, it will be a revitalized Batavia that we won’t recognize and we will wish we had it earlier," McGinnis said. "It’s only going to impact us in a positive way. It’s just too bad it didn’t happen 20 years ago."

Looking specifically at the public market and at Batavia Players' plans for a downtown location for what is now Theater 56, McGinnis said that one project is just a single example of how all of these ideas have a chance at making downtown a better place for residents and businesses.

"This is great stuff," McGinnis said. "I mean, we don’t have the money for this. If the state can give us this money and we can do most of these things, there’s no downside to this. There is none. It’s all positive. I just wish the State could give us $5 million more."

The state's prize is to award $10 million worth of local projects. A local committee of community members made the first cut -- $15 million worth of projects -- from the batch of applicants, but the state gets the final say in whittling down the choices to $10 million in grants.

The local committee's final choices were presented to the public Thursday night during an open house at City Hall.

Interim City Manager Matt Worth said he liked what he saw.

"Some of the discussions have been about downtown being a real neighborhood and I think some of the projects lend themselves to that," Worth said. "It’s really encouraging seeing some of the momentum the City has. There’s more interest in what’s going on downtown than I’ve seen in an awfully long time, so that’s very positive."

Victor Gautieri has the dual perspective of a longtime downtown leader as president of the Business Improvement District and as an applicant for a grant for his project on Ellicott Street (the Save-A-Lot building).

 He's hoping the state will prioritize projects that might not otherwise be viable without the assistance.

"There are a lot of very nice projects that are here," he said. "I think some are more appropriate than others. I am a believer that the grant money should be going to those that really need it in the private sector.

"We’re very hopeful we’re going to be able to get our grant because that is what is going to make the project," he added. "That’s the only way we will ever able to do what we want to do with that property."

Looking at the projects as a whole, Gautieri thinks we won't even recognize Batavia in a few years.

"If several of these projects get the green light and are awarded a grant, it’s going to transform downtown," Gautieri said. "It’s going to look like it never has before, especially on the Southside, the Ellicott Street side. That is where we need, I think, the most help."

Here's a summary of the projects being submitted to the State:

• Build Ellicott Station: Savarino Companies, 40-52, 56-70 Ellicott St.; project cost, $23 million; DRI funding, $425,000;  
• Build Newberry Place Lofts: AGRV Properties, 109-111 Main St.; project cost, $350,000; DRI funding, $175,000;
• Revitalize Carr's and Genesee Bank Building: Kenneth and Andrew Mistler, 97, 101-103 and 105-107 Main St.; project cost, $5.3 million; DRI funding, $1.2 million;
• Develop Ellicott Place: V.J. Gautieri Constructors, 45-47 Ellicott St.; project cost, $2.5 million; DRI funding, $1.15 million;
• Develop Healthy Living Campus: Genesee YMCA/UMMC, 207-213 E. Main St.; project cost, $22.5 million; DRI funding, $5 million.
• Activate Batavia Innovation Zones: Batavia Development Corp; project cost, $400,000; DRI funding, $200,000;
• Construction Theater 56: Batavia Players and City of Batavia, 35 City Centre; project cost, $901,750; DRI funding, $701,750;
• Construct Downtown Public Market: BID and City of Batavia, Alva Place parking lot; project cost, $2.5 million; DRI funding, $1.5 million;
• Create a Building Improvement Fund: BDC; project cost, $800,000; DRI funding, $600,000;
• Upgrade City Center: City of Batavia; project cost, $1.5 million; DRI funding, $1 million;
• Renovate 206 E. Main St.: Just Chez Realty, 206 E. Main St.; project cost: $675,000; DRI funding, $405,000;
• Enhance Jackson Square: City of Batavia; project cost, $750,000; DRI funding, $750,000;
• Upgrade Masonic Temple: David E. Howe, 200 E. Main St.; project cost, $750,000; DRI funding, $500,000;
• Develop Branding, Place Making and Wayfinding: Business Improvement District; project cost, $250,000; DRI funding, $200,000;
• Enhance GO ART! Arts and Culture Center: GO ART!, 201 E. Main St.; project cost, $1.3 million; DRI funding, $1.225 million.

Press release from the Genesee County Sheriff's Office:

At about 6:24 a.m. today the Genesee County Sheriff's Office responded to a report of a head-on motor-vehicle accident with serious physical injury in the area of Route 5 and Clipnock Road in the Town of Stafford. Preliminary investigation revealed that a 2007 Chevrolet pickup truck being driven by Thomas J. Manzella, 24, of Batavia, was traveling westbound on Route 5 when he lost control of the vehicle on snow-covered roads.

The pickup truck spun counterclockwise, sliding sideways as it crossed into the eastbound lane and into the path of a 2006 Mack roll-off container truck being operated by Curtiss L. Mallory, 32, of Buffalo.

Following the impact, both vehicles traveled off of the south shoulder of Route 5 where they came to rest. Mallory immediately called 9-1-1 prompting the response of Sheriff's Office patrols along with ambulances from Mercy Emergency Medical Services and responders from the Stafford Fire Department.

Manzella was extricated from the vehicle and transported via ambulance to United Memorial Medical Center in Batavia, where he succumbed to his injuries sustained in the crash.

Weather conditions including blowing snow and poor road conditions are believed to have been contributing factors in the crash.

A minor fuel spill from the Mack container truck was addressed at the scene by the NY State Department of Environmental Conservation.

Route 5 in the area of the accident remained closed for several hours while the accident was being investigated.

The accident investigation is being conducted by deputies Nati, Andre, Wilson, Erion, and investigators Diehl and Parker, and the Genesee County Sheriff's Office Crash Management Unit.

Assisting at the scene were Mercy EMS, the Stafford Fire Department, NY State DEC, and the Genesee County Office of Emergency Management.

A serious injury accident is reported at the intersection of Main and Clipnock roads, Stafford. It was a head-on collision. There is entrapment. "One driver is OK, the other driver is not."

The male driver of a pickup truck is confirmed to be unresponsive; first responders will need assistance in getting the door open to get the victim out.

Diesel fuel is spilled in the field. The pickup is located just west of Clipnock. Stafford fire is responding along with Mercy EMS. Deputies are on scene. Mercy Flight was contacted but unable to fly due to weather.

UPDATE 6:46 a.m.: Traffic control will be set up at Sanders Road and Route 5; no traffic will be allowed through.

UPDATE 7:09 a.m.: The driver of the pickup is being transported to UMMC. The other driver is being evaluated by medics and is probably going to be a sign-off.

UPDATE 7:13 a.m.: The driver evaluated at the scene by medics declined medical treatment and Mercy medics are back in service.

UPDATE 9:22 a.m.: We'll post more photos from the scene and information, probably in a separate story, once the Sheriff's Office releases more information later today.

UPDATE 11:26 a.m.: The Sheriff's Department has confirmed that this was a fatal accident. The driver of the pickup truck succumbed to his injuries at the hospital. 

Lisa Marie Sinclair, 43, of Myrtle Street, Le Roy, is charged with forgery, 2nd, and grand larceny, 3rd. Sinclair, employed by a company in Stafford, allegedly falsified checks on her employer's bank account, enabling her to steal more than $23,000. She was arraigned in Stafford Town Court and released under supervision of Genesee Justice.

Philip David Amedio, 18, of Hartland Road, Gasport, is charged with unlawful possession of marijuana. Amedio was charged following an investigation by Deputy Matthew Bailey of an accident on Bloomingdale Road, Alabama, at 3:18 a.m. Wednesday.