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Incumbent Republicans sweep Council race; Maha leads by 62 votes for County Legislature seat

By Mike Pettinella

Eugene Jankowski, Robert Bialkowski, Adam Tabelski.

City Republican leaders and supporters were in a celebratory mood tonight at City Slickers on Main Street after learning that Batavia voters sent their three incumbent candidates – Eugene Jankowski, Robert Bialkowski and Adam Tabelski – back to City Council for another term.

In an eight-person race for three at-large seats, Jankowski (the sitting City Council president) tallied 1,101 votes, Bialkowski 1,069 votes and Tabelski 912 votes, according to unofficial results compiled by Republican party committee members.

Bill Fava, a former City Councilman, placed fourth with 788 votes, followed by fellow Democrat Brad Eddy (563) and the three Libertarian Party candidates – Lisa Whitehead (409), Jim Rosenbeck (407) and Mark Potwora (249).

In the contested race for the District 9 seat (City Wards 4&5) on the Genesee County Legislature, the unofficial count showed former Genesee County Sheriff Gary Maha, a Republican, drawing 364 votes to incumbent Democrat Edward DeJaneiro Jr.’s 302 votes, with 79 absentee ballots yet to be counted.

"We're very pleased with the results, and very confident that Gary (Maha) has beaten a good and tough candidate for the Legislature seat, and that the other (City Council) candidates won by a decent amount," said City Republican Party Chair David Saleh, crediting his committee for their hard work during the campaign.

Republican Message: Let's Get Back to Work

All three City Council winners said that the results indicated that the voters are happy with the job they have been doing, and that they need to stay the course.

"We appreciate all the support we have had across the city and now for us, it's back to work," Tabelski said. "We've got a lot of great things going on in the city. We've got a major focus right now on downtown revitalization. We have infrastructure projects going and, for us, it's back to work."

Jankowski said that he was glad that people are supporting what the Council has been doing, also mentioning the pending infrastructure projects and downtown revitalization plans.

"It's good to hear that the people are behind us ... and we're on the right track. We're doing what they want us to do."

Bialkowski talked about the time and effort put in by his party as a deciding factor.

"I think when the voters speak, people need to listen," he said. "One of the things that we did as the Republican party -- we worked very hard, we abided by all the laws and ordinances of the city. We didn't put our signs in parkways or put them on people's property without asking.

"We had a clear message -- we're working hard. We may not do everything right all the time, but we're sure trying."

He also gave a lot of credit to Saleh.

"On the city side, our city Chairman Dave Saleh deserves a lot of credit," Bialkowski said.

"He's worked very hard with us, and given a lot of his personal time. He's gone out and handed out materials door to door. He's had quite a few meetings. He's helped us all along the way ... And it was a real learning curve for him, too." 

Eddy, Libertarians Keep Their Chins Up

Eddy, a political newcomer, was optimistic in defeat, stating that he enjoyed campaigning and kept the door open for a future run.

"I really enjoyed getting out and meeting a lot of people in the community," he said. "There’s a lot of great ideas, a lot of people that are unhappy with the progress we’ve had so far. So that kind of motivated me to getting out there and campaigning – and really getting to know the community a little better and getting my ideas out there as well."

He said the "lack of name recognition" likely hurt his chances, but he also tipped his cap to the diligence of Batavia's leaders in the area of economic development.

"(Them) getting that $10 million – they’ve been working very hard for that -- for the downtown revitalization. (It seems that voters) wanted the status quo, and wanted things to go the way that things have been … until next time."

The three Libertarian candidates, running on a platform to replace City Manager Jason Molino, understood that they had an uphill climb, but, speaking at T.F. Brown's, remained steadfast in their quest to have an impact on city government.

"It's a platform that we believed in (and) we continue to believe that," Rosenbeck said, "The people chose a different path and we wish the incumbents who were re-elected well.

"We will be back here again in two years and four years. We're making incremental gains and we expect to continue to do that."

Potwora said the Libertarian trio "did a lot of work, we canvassed a lot of people, we met a lot of good people and we feel we did make some impact on City Council."

"We did show up at a lot of City Council meetings, and we just believe that we were a good voice for the people of Batavia who supported us in this race. It's kind of tough being a third party, but we feel we did the hard work that was needed."

Maha Back in the County Ring

Maha, who retired on Dec. 31 after seven terms as sheriff, said he's ready to resume working for the people should his lead over DeJaneiro hold up.

"As you know, I retired the first of the year, I got all of my work done around the house and now I have time to do something and I feel that I want to represent the people here in Wards 4 and 5 in the City of Batavia," he said,

While saying he's not pushing for a particular type of new jail, Maha did stress that something needs to be done.

"With the Legislature there are a lot of issues out there. I know my opponent tried to make the jail an issue. And the media never talked to me about what my position was on the jail, it came from him, I tried to explain that to (a media outlet)."

He said that all options are on the table, and that the Legislature has addressed the jail issue.

"Still, the state commissioner of corrections has said you need to do something with your jail," he said.

"It could be a shared jail with another county. Orleans County at the present time hasn't committed to have a shared jail yet. The county has a study out there for a jail. It's kind of premature that it will be a shared jail or a stand-alone. That's something that the full Legislature has to address, not just me."

"I'm no longer sheriff. I'm not pushing for a new jail. My job is to look out for the taxpayers, and ... I will represent them to the best of my ability."

In another contested races:

Town of Le Roy -- Former Councilman John Duyssen defeated incumbent Michael Welsh for Town Justice by 79 votes, and Town Council: Incumbent David Paddock won one of two council seats, with the other going to newcomer James Farnholtz.

Town of Bergen -- James Starowitz and Mark Anderson won Town Council seats;

Town of Bethany -- Incumbent Town Justice Thomas McBride defeated challenger Joseph Nowakowski.

Town of Byron -- Roger Rouse over Gerald Heins for Town Supervisor.

Town of Stafford -- Newcomer Julie Scheuerlein defeated Michelle McEwen by a wide margin for Town Clerk, and incumbents Ronald Panek and Robert Mattice were returned to their Town Council posts.

Gary Maha, center, checking out the unofficial vote total.

Paul Viele and Jack Taylor go over election results.

Genesee County Democrats at Smokin' Eagle in Le Roy -- Rob Stiles, Mike Welsh, Nikki Calhoun, Brad Eddy, and Anne Sapienza.

Libertarian Party candidates Lisa Whitehead, Jim Rosenbeck, Mark Potwora. Photos by Howard Owens.

Historians gather at GCC to debate controversy around Confederate monuments

By Billie Owens

Turns out history is not what you learned about from your fifth-grade textbook.

Like human beings, it’s complicated, multifaceted and a work in progress.

Historians who gathered at Genesee Community College on Saturday to discuss monuments and statues of the Confederacy made that point clear.

Other issues emanating from that controversial topic were more opaque.

Should Confederate monuments be disassembled and put into a museum? Or stand as they are and “contextualized” by the addition of explanatory signage or a juxtaposing anti-memorial?

By what criteria do we evaluate the people honored? Are they more than their worst traits? Do they contribute to the public discussion beyond their role in the Confederacy?

While more and more Americans wrestle with those kinds of questions, by all accounts, the current debate is fraught with emotion. There’s a quick-tempered divisiveness that too often rapidly devolves into shouting matches or worse, culminating in the nadir at Charlottesville.

Derek Maxfield, Ph.D., GCC associate professor of History, brought together a three-man panel to weigh in on Confederate monuments. It was the last session in a day spent talking about the short shrift that history, especially local history, is getting in New York classrooms, the stifling trend of "teaching to the test," and disaster preparedness as it relates to safeguarding historical artifacts.

Speaking were:

  • (Via Skype) Chris Mackowski, Ph.D., who lives just outside Frederickburg, Va., but teaches online as professor of Journalism and Mass Communications at St. Bonaventure University in Cattaraugus County.
  • Michael Eula, Ph.D., Genesee County historian, who is a retired academic who spent 30 years in the California Community College system.
  • Danny Hamner, GCC adjunct professor of History for the past 15 years in Batavia.

They cited a series of articles which have been published online at a site called "The Emerging Civil War,” which offers fresh and evolving perspectives on America’s deadliest conflict. (To visit, click here.​)

Mackowski provided a launching point for the sake of the discussion at GCC. He penned an article from a free speech perspective for the Emerging Civil War series because it interested him as a journalism professor, and other authors had dibs on other aspects of the controversy.

“As soon as you start saying, ‘Take down that statue because it’s offensive to me,’ to me, that’s a First Amendment issue,“ Mackowski said. "Here you have artistic expression and people saying ‘That art is offensive.’ It’s always been my understanding that one of the purposes of art is to provoke. So, of course, in some ways it’s going to be offensive to some people.”

Eula said “I couldn’t agree more that art as embodied in these statues is by definition provocative. In fact, it should be provocative. First and foremost, we need to remember that when we look at these monuments, and the discussion surrounding them, we are talking about more than monuments.

“We’re talking about how we conceive of American history…of our civil society. I think each side engaging in the conversation needs to take a moment to try and understand the other perspective, the other side."

Hamner said that although he’s disturbed by the emotional response against Confederate artwork, he diverged with Mackowski on two points.

Firstly, the question of public art versus private expression.

He said he associates the First Amendment with personal displays of art: putting a Confederate flag on your porch.

“But when it comes to public art, to me it’s not a question of free speech, it’s a question of pure politics,” Hamner said.

Therefore, Hamner advocates having a true political process to work through so that opinions are heard and a “rationale discourse” can take place regarding each monument or statue on a case by case basis.

Secondly, whether there is “instrinsic value” in a work of art strikes him as “moving the goalpost a little bit.”

Hamner said the tougher question that does need addressing is: “Do these people have intrinsic values that we need to respect – outside of their association with the Confederacy?”

Mackowski, acknowledging he purposely wrote from the viewpoint he did because it was not covered by others in the online series, agreed with his colleagues.

As we wrestle with the notion of what makes somebody worth honoring, a fear – particularly in pro-Confederate quarters – is “Who’s next?” Mackowski said, and while some argue this is a slippery slope, he allowed that “we probably need to evaluate some of these other folks.”

What do these guys represent?

It was at this point that host Maxfield brought up the stark argument, in The Emerging Civil War series, proferred by Julie Mujic (pronounced “MEW-hick”), Ph.D., adjunct professor of History at Capital University in Bexley, Ohio.

She argues that Confederate statues commemorate treason and ought to be removed.

“To sustain Confederate monuments sends the message that it’s necessary to celebrate the effort, even when that effort was malicious. The monuments must come down. They represent inequality, oppression…”

Mackowski said Mujic’s stance strikes at the heart of the whole argument: "What do these guys represent?”

“As you know, the history of the war was rewritten as soon as the war was over. And instead of it being about slavery, it starts to be about ‘noble sacrifice’, ‘doing your duty’, and ‘honor’ and ‘states’ rights’.

“So today, a lot of people refuse to look at people who served with the Confederacy as being traitors, but in fact, that’s what they were. … So do you honor that or not? That’s a very important question that we don’t have a common context for.”

Hamner has a problem with both Mujic’s argument AND the defenders of the monuments for essentially the same reason.

He cites a catch phrase, even used by President Trump in a tweet, that “You can’t change history.”

He said people tend to think of the past as objective, factual and unchanging; our historical interpretation of that past as either right or wrong.

The problem is, that “implies that the process was somehow supposed to end.”

The deal is, reinterpretation of the objective truth is going to happen with every generation, as knowledge evolves, more facts come to light, consensus migrates.

As they all conceded, historians and the citizenry can’t change the past, but the interpretations of the past must be constantly requestioned.

"I’m always struck by the curious statement that ‘We’re revising history'," Eula said. "My reaction is that ‘History is always being revised.’ "

Having said that, Eula noted that at the time most, if not all, of the statues and monuments were erected, there was no national debate about it, no consensus.

“We need to keep in mind the question: Is the removal of a monument erasing history or merely calling our attention to what is now a different interpretation of that moment in time?”

Forgotten nearly always in these discussions, Eula pointed out, are the poor whites who had not been supportive of the Confederacy from the get-go.

A whole year before the North passed a draft law forcing mandatory armed service, the Confederacy did so, which tells historians the South was not getting the numbers of volunteers for The Lost Cause that many today would like to imagine.

And the slave-holding elite, later the pardoned ex-slave-holding elite, still got the run of the place after the war.

That meant former slave owners got to become the local bankers, and pass vagrancy laws, which continued the bondage of freed men, Eula explained.

This informs today’s understanding of the time in which the statues came to be.

“My point is that it isn’t simply a straightforward proposition as to whether these statues are works of art protected by the First Amendment; whether or not there are contemporary implications for race relations in our own day.

“These are products of a specific historical moment in a specific part of the country.”

Impact Beyond the Confederacy

Eula also said many of the Confederate generals had no significance beyond their military career. That raises the question, for example, does this form a slippery-slope logic for the removal, say of the Washington Monument? No, Eula argues, because although Washington owned slaves, “his significance lies in his contribution to the construction of a new nation.”

“These (Confederate) monuments are dedicated to the memory of an elite South…seeking to destroy the United States in the name of slavery…that was as busy trampling on the rights of poor whites as it was on the slaves."

And, if the decision is made to get rid of a monument, which whether you like it or not is a “historical document,” then the process to do so must abide by some local, identifiable political construct.

To just tear down a monument, Eula said, is akin to someone walking into the Genesee County archives and saying “Well, I don’t like what’s said on this particular piece of paper, therefore, I’m going the shred it.”

“Just like for any other historical document, we have to find a way to preserve these. Whether or not they should be preserved in a public space, that’s another issue...

“These are the kinds of issues that need to be sorted out before we can make any final decision on whether or not any particular Confederate memorial stays or is replaced,” Eula said.

The operative phrase is “particular piece,” says Mackowski.

“To look at Confederate monuments as a big, monolithic one-size-fits-all sort of issue is absolutely the wrong way to go about it,” Mackowski said. "But because tempers are flaring and emotions are high, that’s sort of how people are approaching it.”

Instead, a lot of questions should be asked to inform a reasoned debate, say historians.

Who was the monument put up to honor? Why was it put up? Who put it up? When? What was the intent?

Moreover, a statue of Stonewall Jackson is a very different thing than a statue in the courthouse square that honors the local county boys who got drafted into a regiment and sent off to war.

Plus, consider that community values change, and over 150 years, they change a lot.

A book by David Lowenthal called “The Past is a Foreign Country – Revisited” describes, the panelist said, how today’s values differ vastly from those of yesteryear.

So, it behooves people today not to try and look at history through the lens of “presentism.”

“I think we’re not really talking about history at all when we talk about these monuments, we’re talking about memory,” Mackowski said.

The Sorry State of Historical Literacy

This observation prompted Maxfield to mention a problem he calls “historical literacy,” or more precisely, the lack thereof.

“I don’t want to come off as elitist about this, but the fact of the matter is we are spending less and less time in the public schools teaching history,” Maxfield said.

“We’re shoving it out of the curriculum and, in fact, Confederate history in particular, CANNOT be discussed in some Northern states.”

And vice versa; Texas comes to mind.

“That’s an unhealthy phenomenon, when you can’t look at the other side of an argument,” Maxfield said.

Meanwhile, Hamner is concerned that while people scurry to make sure history’s getting correctly written and that context is being correctly construed, there’s a gaping window open for some people to ram their political agendas through.

“One only has to look at the way Donald Trump defended the artistic value of these monuments, when he has a l-o-n-g history of development in New York City of tearing down artwork after artwork to make room for his projects.”

To wit, the construction of Trump Plaza is said to have resulted in the destruction of an Art Deco-style store that featured windows created by Spanish surrealist Salvador Dali.

None other than the Metropolitan Museum of Art in New York City waited in eager anticipation of what was supposed to be the fantabulous donation of massive Art Deco bas-relief murals from that store, only to find they had been knocked down and destroyed by Trump’s crew so as not to prolong the project by a week and a half.

The point?

“We have to be very careful that we are separating people who are using some very valid argument to shield ulterior political agendas,” Hamner said, adding “…I would hate to see a very important, intelligent conversation like this being used in a way as a shield for what I consider very, very base intentions.”

It also is not helpful that the general public does not seem to understand what the discipline of history is all about.

“A lot of what historians do is really philosophy,” Maxfield said. “Until we have the opportunity to teach more critical thinking and encourage more exploration, I’m afraid what we‘re doing, especially in the public schools, is narrow and narrow and narrow.”

Facts and Sensibilities

It’s important to remember, too, Mackowski offered, that in history, a set of facts does not equal a set of facts. Two plus two does not equal four when you are dealing with facts in history, he said.

Fact: The Union Army moved in to occupy Fredericksburg in the spring of 1862.

But that fact is viewed vastly differently by two diarists who wrote about it. One was a member of the social elite who wrote about it being this great calamity; “The Yankee invaders are here; this is awful.”

An emancipated slave saw it differently. He wrote “This is the greatest day of my life. This is the greatest thing to ever happen.”

Thus, adding together different historical perspectives over the span of a century and a half is something that can’t be “summed up” tidily.

“Before this degenerates into mindless philosophy,” Maxfield told Saturday’s attendees, garnering some comic relief, how about considering one solution offered by a historian: Leave all the monuments as they are, but just improve the interpretive signage.

How other nations have addressed the issue of historical monuments was something that Eula explored when asked to participate in the GCC panel.

“The whole issue of holocaust memorials was an obvious one” to look into, he said.

One approach he found was memorials constructed next to other memorials with different interpretations attached to them.

In the United States, for example, you could put up: a monument next to the existing one that denotes the number of slaves murdered during their enslavement; or the number of soldiers who were murdered at the Confederate prison of war camp at Andersonville, Ga.; or “the number of poor whites who couldn’t buy their way out of the draft, who didn’t support the planters’ war, and who paid for that with prison sentences,” Eula said.

Coming up with a county-by-county count of the dead, might be a way of “softening the effects of the monuments with regard to those who find them objectionable,” the official county historian said.

At this juncture, Hamner said he sees agreement about the panel’s strategies and tactics; but it comes down to his original point: the need to separate the historical element from the political one.

“I would hate to take The Lost Cause interpretation monument and then simply encase it in a new interpretation and say ‘That’s the official interpretation. Now it’s done.’ "

There is no "One Conclusive Truth"

Hamner's desire is to protect the PROCESS of public history, not the monuments themselves.

“If the political process in that community says ‘We’re putting it in a museum.’ Ultimately, I’m for that," Hamner said. "What I’m really worried about is understanding the particularities of each monument, maintaining the process of investigation, and the willingness to revise our thinking – every generation, every person.”

Which begs the question, in Eula’s mind, as to WHY we necessarily have to have ‘ONE CONCLUSIVE TRUTH’?, he asked, slapping his hand on the table as he spoke each word.

“The minute you do that it leads you down, historically, a path of dogmatism that tends to shut down democracy, that tends to shut down the expression of free ideas.”

What if we as a society never have agreement?

“So what! … Why can’t we agree to disagree and have a civil discourse?” Eula asked.

The absolute declaration of what the correct interpretation is, was called totalitarianism in the 20th century, Eula reminded the audience.

Remember, there was a time when you were either for or against McCarthyism. You were either for or against the United States entering the purported "war to end all wars,” “The Great War” -- World War I.

“That’s when a lot of innocent people get hurt and killed, for reasons to me that are absolutely senseless,” Eula said.

Mackowski countered with a “get real” argument.

Philosophizing aside, and since the notion of “contextualization” of Confederate monuments is so kosher among historians, Mackowski wanted to play devil’s advocate.

“If you’re driving down Monument Avenue in Richmond (Va.), it’s basically an auto park,” Mackowski said. “Who’s able to stop at one of those traffic islands in the middle of traffic and read context about Stonewall Jackson or Jeb Stewart or Jefferson Davis?”

Context is actually difficult to pull off in some places, he noted, and maybe even if you could pull it off, does it really match up to these giant men on giant pedestals?, he asked.

And let’s say you decide to leave it in place, what about vandalization?

To that, Maxfield chimed in with something that a historian from Texas A&M University had to offer, and that is that location does matter.

Andersonville, for example, is cited as the South’s version of a 19th century concentration camp; a place where 11,000 to 13,000 federal troops meet a grisly end under brutal conditions.

If a monument stands in a place such as this, it should be kept there, the scholar argued, even if publicly funded, because going TO that site or a battlefield is voluntary. The same cannot be said for someone who must drive past a statue that offends you every day to get to work and there’s no other route to go; that’s involuntary.

Plus, on a battlefield, historians and/or Park Service employees are there to help with knotty questions and interpretations, right?

Wrong, says Mackowski, in fact Park Service employees have largely been silent on the issue. Because taxpayers pay their salaries, they can’t really delve into it.

Some of the people best equipped to comment on this discussion have their hands tied because of politics, Mackowski said.

Nor has academia been free from constraints, Maxfield noted.

Removing monuments on a battlefield, which is essentially a giant cemetery, raises “other complexities,” according to Eula, who stressed the need for balance.

“Because we have people there, regardless of our own idealogical beliefs, who ended their life there, most likely involuntarily.”

He went on to recall how memorials to Stalin and Lenin came down in Eastern Europe in the middle of the last century.

Growing Dissent

“My point here is that, as much as it pains me to say this, there could be enough popular dissent out there regarding all these statues that no amount of discussion or legislation could change.

“It could be that our own society has so changed in the span of the last two generations in particular, that there is this huge upsurge demanding a removal of some of these monuments in the way that we saw in the Soviet Union with regard to Stalin.

“And I’m not convinced historians, even the most well intentioned, are really going to have a whole lot to say about this.”

This perspective prompted Mackowski to ask why this moment, why now?

Eula maintains that some of this popular dissent has been growing for a long time, back to the 1960s and the feelings spurred by the morass of the Vietnam War.

“It’s what I started off by saying – this is not simply about Confederate monuments,” Eula responded. “There are deeper currents here at work, and these didn’t begin recently.”

The groundswell of attention paid to the subject these days could, in part, stem from harsh “economic realities” many people face, which historians have largely been insulated from.

This means that “some of our discussions are frankly going to prove irrelevant” because they are not, rightly or wrongly, in alignment with what the populace is feeling, thinking or demanding, Eula said flatly.

Hamner said, on one hand, there’s this sort of academic/historical question of how best to contextualize Confederate artwork. Then on the other hand, there’s a deeper human question of WHY historians do what they do.

The thing that matters most of all, he said, is that – regardless of whether a decision is made to keep or do away with a monument – that a process is followed to get to the decision.

Hamner contends that the camp that says "Leave it alone. Don’t touch them" is made up of people who want to freeze time and not confront the complexity of heritage.

They are reducing human beings to their best qualities – like bravery – “a disembodied sort of character trait.”

But the opposite camp is also reductionist – making complex humans villains and the epitome of their worst characteristics.

For an example of the former, Mackowski showed a picture of the statue of Stonewall Jackson at Manassas National Battlefield Park in Prince William County, Va. (See inset photo above.)

He said Jackson is made to look like “Arnold Schwarzenegger on a Budweiser Clydesdale" … like this God of War – a horseman of the Apocalypse. In reality, Jackson was slight, modest and “would have been appalled to be portrayed this way.”

In other words, monuments are less about facts and more about “how people want to remember the Stonewalls.”

What About Bias?

A student asked the panel, “So if interpretation is the key solution, how do we select the accurate interpretation for each monument without being biased?”

The panel's collective wisdom: Finding “the objective truth” and “the right interpretation” is doomed.

Rather it is consensus itself, by interpreting and reinterpreting, that will painstakingly get you “closer and closer” to what the pluralistic outcome ought to be.

Yet Maxfield said even that is elusive because “there are progressive historians that believe progress in humankind is possible – you get closer and improve – but other historians disagree with that." That dichotomy also shapes interpretation.

Eula said he thinks it’s not possible for a historian not to be biased. So you be as objective as you can be by acknowledging your bias, “your theory.”

Since “just the facts” are not the whole story, “you look at evidence based upon your starting point. But the responsibility of the scholar is to let the audience know: This is my starting point.”

Before you can get to an interpretation of a monument, for example, you have to get people to “understand that history is relevant,” Mackowski replied.

“Unless you can get people to understand that history is not what happened in the past, but rather why the past is influencing what is going on RIGHT NOW, people aren’t going to get to that (new and improved) interpretation.”

It’s that whole issue of general historical illiteracy that Maxfield had lamented earlier.

To make meaningful headway, people have to have discussions, the historians said, not ongoing yelling matches.

“Or 140 characters of saying ‘You’re wrong!’ " Mackowski concluded.

Investigation indicates no battery in smoke detector at scene of fire where resident died

By Howard B. Owens

A smoke detector in the room of 66-year-old Lance Dery did not have a battery in it at the time a fire broke out at the Sunset Motel on West Main Street Road, Batavia, Saturday, according to a Sheriff's Office investigator.

Dery was found dead in the motel room when firefighters arrived at the fire scene. The fire had not spread and was confined to Dery's room. The cause of the fire appears to be a cigarette in the bed, though an autopsy has yet to be completed so officials don't know yet if Dery suffered a medical condition or died as a result of the fire, said Investigator Chris Parker.

As to the smoke detector, fire inspector and code compliance officer for the Town of Batavia, Mathew Mahaney, said the investigation is ongoing and no citations have been issued.

"As of right now, the Town of Batavia has no outstanding building or zoning violations associated with the property," Mahaney said. "We are waiting for the investigation to be completed so that we can follow up. We will follow up on similar occupancies to ensure that all places of business are complying with all procedures for life safety."

The Batavian's news partner WBTA contributed to this report.

DOE response sheds light on hold up with loan guarantee for 1366 Technologies

By Howard B. Owens

A spokesperson for the Department of Energy contacted The Batavian today to explain that the reason 1366 Technologies hasn't received its loan guarantee yet is that the company has yet to meet all the criteria of the original 2011 loan guarantee agreement.

On one hand, that appears to be true. The DOE says 1366 needs to secure $100 million in private investment. That hasn't happened yet. The second qualification, that 1366 has yet to select a site for its factory, is a matter of how the DOE interprets 1366's agreement with New York to build at the STAMP site in Alabama.

Asked about the seeming incongruity of 1366 announcing a site selection in 2015 and the DOE now claiming no site has been selected, the spokesperson said, "In a meeting with DOE officials last month, 1366 Technologies stated that it was considering three possible locations for their facility, of which one location is in New York."

Laureen Sanderson, speaking for 1366 Technologies, said 1366 is committed to building in Genesee County but the company also let the DOE know that if the loan guarantee wasn't approved, the company would have to initiate its contingency plans, which likely means building a plant in another country.

"Of course, we discussed contingency plans with DOE," Sanderson said. "That's par for the course when talking with a partner, but our focus remains on New York."

She added, "What’s important to recognize is that our commitment to New York remains. That's the site we selected in 2015. State and local officials have been wonderful. We’re doing everything we can to make that site a reality."

What both sides can agree on is that negotiations on the loan guarantee agreement are ongoing and active. Sanderson characterized the discussions as positive and productive.

"We have a shared goal with the Department of Energy to create U.S. manufacturing jobs," Sanderson said. "That's what we both want to do and that’s what we hope we can achieve together with the Department of Energy."

The spokeswoman confirmed there was a loan guarantee finalized in 2011 but said it was contingent on 1366 securing $100 million in equity financing and finalizing a location for its manufacturing plant.

Sanderson confirmed 1366 has so far raised only $89 million but emphasized again the company is committed to New York and creating U.S. manufacturing jobs.

The negotiations with the DOE are necessary, in part, because the solar industry has continued to evolve since 2011.

"A lot has changed in the solar industry but what hasn’t changed is the strength of the technology," Sanderson said.

The lag time between announcing the company's plans to build at the STAMP site and now, Sanderson said, has enabled the company to improve the energy efficiency of its solar wafers, working with partner Hanwha.

"The technology has only gotten better," Sanderson said. "Our technology not only improves the manufacturing process and reduces costs but every wafer we produce is a better product."

The proprietary technique development by 1366 at MIT's labs in the Boston area uses molten silicon to make a wafer, rather than the cutting and grinding process the solar industry has used for 40 years. This reduces waste and energy used to make wafers.

Right now, 1366 only has a demonstration production facility in Medford, but the company, working with Hanwha, has continued to improve efficiency by .08 percent annually, making 1366's wafers the most efficient in the industry, Sanderson said.

When the company can go into full production, it can continue to make efficiency gains as well as work with solar panel companies to find other uses for this new technology. The company will be able to make thinner wafers that are strong and more flexible. Current wafers are too brittle for thin, flexible uses.

"Because we are able to work at the melt level, we are able to introduce new features the industry has long wanted but can't achieve," Sanderson said. "There is only more innovation and discoveries to be had through the manufacturing process."

When 1366 announced its intention to build in Alabama, CEO Frank van Mierlo cited lower cost, clean hydropower from Niagara Falls as an attraction to the location. Sanderson added another reason 1366 wants to stay in the United States, if at all possible -- a superior silicon supply chain.

"Our technology is the first major change in the solar industry in more than 40 years," Sanderson said. "We solved a manufacturing challenge that the industry has wanted to solve for 40 years. There is a lot of technological strength in the U.S. supply chain and with that strength, the U.S. has a real chance to establish manufacturing leadership."

Photos: Flooding in Batavia

By Howard B. Owens

Law Street

This photo and one below, Tonawanda Creek from the Law Street Bridge.

Three photos of Kibbe Park.

Law and Order: Alabama man accused of striking victim with hammer and choking

By Howard B. Owens
      Paul Hoffman

Paul Robert Hoffman, 43, of South Knowlesville Road, Alabama, is charged with assault, 2nd, strangulation, 2nd, and unlawful imprisonment. Hoffman allegedly struck another person with a hammer during a fight at a location on Knowlesville Road, Alabama, at 8:30 p.m. Friday. He then reportedly choked the person to the point of unconsciousness and prevented the person from leaving. Following the incident, Hoffman allegedly called 9-1-1 requesting assistance for medical attention due to an unknown medical condition. An investigation led to the charges against Hoffman. He was jailed on $75,000 bail. The victim was treated at an area hospital for injuries sustained during the incident and released.

Frank H. McEwan, 18, of Batavia, is charged with driving while ability impaired by drugs, failure to obey a police officer, unsafe turn, unlicensed operation, drinking alcohol in a motor vehicle, depositing refuse on a public highway, obstructing governmental administration, and criminal nuisance. Cramer J. D'Andre, 18, of Batavia, is charged with unlawful possession of marijuana and open container. McEwan was stopped at 1 a.m. Oct. 21 on Keeney Road, Warsaw, by State Police for an alleged traffic violation. Troopers alleged that McEwan did not have a driver's license and was violating conditions of his parole. D'Andre was a passenger in the vehicle.

Sarah Ann Malone, 35, of Ellicott Street Road, Batavia, is charged with DWI and leaving the scene of a property damage accident. Malone is accused of driving on Verona Avenue, Batavia, at 6:04 a.m. Sunday while intoxicated. She was arrested by Arick Perkins.

Dwayne L. Sheffield, 24, of Thorpe Street, Batavia, is charged with criminal mischief, 3rd. Sheffield allegedly did more than $250 damage to property during a fight at 11:10 p.m. Tuesday. He was jailed without bail.

Randy G. Leach, 31, of Torrey Road, Stafford, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. Leach was stopped for an alleged traffic violation at 9:13 p.m. Oct. 31 on East Avenue, Batavia, by Officer Mitchell Cowen.

Jeffrey D. Anderson, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child. Anderson is accused of failing to provide adequate supervision of a child.

John J. Caez-Gonzalez, 30, of Cunningham Street, Rochester, is charged with criminal trespass. Caez-Gonzalez allegedly entered a dwelling on State Street without permission and after being advised to stay away. He was jailed on $2,500 bail.

Minnie Marie Henry, 29, no permanent address, is charged with criminal possession of a controlled substance, 7th. At 4:51 p.m., Oct. 29, police were flagged down to investigate a disturbance on State Street involving multiple individuals. During the course of the investigation, Henry was allegedly found in possession of narcotics. She was issued an appearance ticket and turned over to State Police on unrelated charges.

Jared M. Adamski, 21, of Krieger Road, Webster, is charged with criminal mischief. Adamski allegedly damaged the property of another person at a location on Bank Street, Batavia, at 6 p.m. Oct. 28. He was jailed on $1,000 bail.

Julia A. Calzaretta, of Eustis, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Calzaretta was stopped by State Police at 7:57 p.m. Friday on West Main Street Road, Batavia.

Stephen J. Tomidy, 58, of Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Tomidy was stopped at 11:49 p.m. Tuesday by State Police on Route 33, Stafford.

Flood warning in effect for Tonawanda Creek

By Howard B. Owens

The Tonawanda Creek crest at 9.5 feet this morning, causing flooding at Kibbe Park and along Walnut Street and Law Street, officials say.

The National Weather Service has issued a flood warning for the area and the City of Batavia has alerted residents.

As of 7 a.m., the creek level, measured behind the courthouse, is reported at 7.66 feet, having risen more than 3.5 feet in the previous 12 hours.

The moderate flood level is 10 feet.

The National Weather Service also warns of flooding along West Main Street Road and South Main Street Road, from Batavia to East Pembroke and extending into the Tonawanda Indian Reservation.

The flooding will mainly impact roads, according to the weather service, with some residential and commercial flooding.

The City urges residents to remain vigilant and take precautions.

This morning the following roads are closed due to flooding: Route 20 between Route 98 and Brookville, Peaviner, Cookson, Dorman, Cole Road between Route 236 and Mud City, Clipnock between Route 5 and Sweetland.

The flood warning is in effect until 1 p.m., Tuesday.

UPDATE: Submit flooding pictures to howard@thebatavian.com or use our mobile app for iOS.

UPDATE 10:14 a.m.: DOT reports Route 20 has reopened.

Man who perished in this morning's hotel fire identified

By Billie Owens

Press release:

The Genesee County Sheriff's Office is investigating a fire that occurred at an area motel this morning.

At 8:57 a.m. today the Genesee County Emergency Dispatch Center received a report of a fire at the Sunset Motel, located at 4054 W. Main Street Road (Route 5) in the Town of Batavia. Crews from the Town of Batavia Fire Department arrived on scene and were able to extinguish the fire quickly, keeping the fire contained to one room.

The occupant of the room, Lance Dery -- age 66, was pronounced dead at the scene.

The preliminary investigation indicates that Dery was smoking in his bed, which ignited the blankets and mattress.

Coronor Karen Lang directed Dery be taken to the Monroe County Medical Examiner's Office for autopsy.

The investigation is continuing by the Town of Batavia Fire Department, Genesee County Emergency Management Office and the Sheriff's Office.

(For initial post, click here.)

UPDATED: One person found dead at scene of fire at Sunset Motel

By Billie Owens

A working structure fire was reported at the Sunset Motel at 4054 W. Main Street Road, Batavia. It started in Room #6 Correction: It was not Room 6. A first responder on scene said the doorknob is hot to the touch.

Town of Batavia Fire Department responded. Fire was immediately knocked down. There is one occupant in the room.

UPDATED 9:09 a.m.: Mercy medics squad #1 is on scene.

UPDATE 9:13 a.m.: "An ambulance won't be needed per command."

UPDATE 10:12 a.m. (By Howard): One person was found deceased in the motel room when firefighters made entry. An investigation has yet to determine if the victim died before the fire started or as a result of the fire. It was a small fire said Town of Batavia Fire Deputy Chief Chad Higgins. "I pulled in on location," Higgins said, "went to the door, the door was hot, tried to make entry through the door, there was too much smoke. Our first engine company was right behind me. They made entry, found one victim, a small fire ...  the fire had pretty much already snuffed itself out. Once we opened the door, we gave it a little more oxygen but we were able to knock the fire down with an extinguisher, so it wasn't a very big fire." Information about the victim isn't being released pending family notification. The cause of the fire has yet to be determined.

More Grand Jury: Man indicted for attempted murder in stabbing case

By Billie Owens

Jeffrey L. Barr is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Oct. 13 while at 4140 Veterans Memorial Drive in the Town of Batavia that Barr intended to commit the crime of second-degree murder. Specifically, he allegedly intended to cause the death of another person by stabbing the intended murder victim multiple times with a knife. In count two, Barr is accused of first-degree assault, another Class B violent felony. It is alleged in count two that Barr intended to cause serious physical injury to another person and caused such injury by means of a deadly weapon or dangerous instrument -- a knife.

Daniel L. Green is indicted for the crime of unlawful surveillance in the second degree, a Class E felony. It is alleged that on April 25 in the Town of Le Roy that Green -- for his own sexual arousal or gratification -- did intentionally use or install an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of a person at a time when she had a reasonable expectation of privacy. He allegedly did so without the person's knowlege or consent.

Kevin L. White is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 31 in the City of Batavia that White unlawfully possessed a narcotic drug with intent to sell it. In count two, he is accused of the crime of escape in the third degree, a Class A misdemeanor, for allegedly escaping from custody on May 31 in the city.

Marcos Cacho-Velaz is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Sept. 23 in the Town of Alexander that Cacho-Velaz drove a 2006 Chrysler north on Route 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 23, the defendant knew or had reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities and he was allegedly driving under the influence for alcohol or a drug at the time. In count three, he is accused of refusing to submit to a breath test requested by Sheriff's Sgt. Jason Saile. In count four, he is accused of failure to dim headlights. He allegedly failed to dim his headlights when a vehicle with headlamps was approaching ahead from within 500 feet, so that dazzling light interfered with the driver of the approaching vehicle when no exception to dim the lights was applicable. In count five, Cacho-Velaz is accused of consuming or possessing alcohol in a motor vehicle.

Grand Jury: The indictment of Phillip R. Chin for allegedly selling drugs, forging jail paperwork, and more

By Billie Owens

Phillip R. Chin 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. 5 in the City of Batavia that Chin knowingly and unlawfully possessed a narcotic drug with intent to sell it.

In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of a half ounce or more.

In count three, the defendant is accused of criminally possessing drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that Chin knowingly possessed or sold gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs or stimulants. Furthermore, it was allegedly known that these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count four, the defendant is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that Chin knowingly possessed scales or balances used or designed for the purpose of weighing or measuring controlled substances and these were intended to be used for unlawfully manufacturing, packaging or dispensing a narcotic drug or stimulant.

In count five, Chin is accused of second-degree forgery, a Class D felony. It is alleged in count five, that on Oct. 5 in the Town of Batavia, that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a two-page written statement given to an investigator with the New York State Police in the name of another person.

In count six, Chin is accused of second-degree forgery, also a Class D felony. It is alleged in count six that on Oct. 5 in the City of Batavia that Chin -- with the intent to defraud, deceive or injure another -- falsely made, completed or altered a written instrument. This instrument was purported to be a public record required or authorized by law: a Genesee County Jail booking card.

In counts seven through 17, Chin is accused of second-degree forgery, all Class D felonies, for his allegedly fraudulent completion of various Genesee County Jail paperwork.

In count 18, he is accused of offering a false instrument for filing in the first degree, a Class E felony, for providing a two-page written statement to an investigator with the New York State Police which contained false information.

In counts 19 through 30, this man is accused of offering false instruments for filing in the first degree, more Class E felonies, for putting false information in all of the allegedly forged paperwork.

(If you're counting, that's two misdemeanors and 28 felonies.)

1366 Technologies exploring overseas options for manufacturing as DOE slow to come through with promised loan guarantee

By Howard B. Owens

There continues to be one significant roadblock for 1366 Technologies to get around before breaking ground a new $700 million solar wafer manufacturing facility in Alabama -- getting the Department of Energy's final approval on a previously promised $150 million loan guarantee.

If that loan guarantee isn't finalized, 1366 Technologies, instead of creating 1,000 good-paying jobs in Genesee County, could turn to an overseas location for its manufacturing facility.

"We remain focused on the U.S. and U.S. job creation," said Laureen Sanderson, spokeswoman for 1366. "We continue to work closely with the State and GCEDC, who remain committed to the project, and we’re in active discussions with the Department of Energy. Those discussions have been positive, but we’ve yet to receive a final indication on the status of the loan."

The Boston Business Journal reported today that 1366 just secured another $9 million in funding from investors, bringing the total raised to $89 million. The article also raised the specter of 1366 locating its facility in another country.

The company identified a site in New York for that manufacturing facility, but is still working to officially secure the funding from the DOE. In the meantime, a company spokesperson said, 1366 is exploring the possibility of building its first factory abroad due to the commercial interest its technology has received internationally.

"We are exploring possibilities to build factories internationally, but that has always been part of our plan," Sanderson said, adding, "It is understood that building in the U.S. is only possible if the loan is accessible. If it’s not there, we need to pursue the other options available to us."

The factory would be about 130,000 square feet and located in the advanced manufacturing park under construction in Alabama known as STAMP. It's been a decade-long process by Steve Hyde and the GCEDC to bring STAMP to fruition and 1366 Technologies is the first, and so far, only significant tenant announced for the park.

The company selected STAMP in part because of its location to low-cost, clean energy, specifically, hydropower from Niagara Falls. 

The proprietary method 1366 Technologies uses to manufacture solar wafers was developed at MIT and leads to solar wafers that are more efficient, produced at lower costs and with less waste than the way solar wafers are manufactured currently. The company's immediate goal is to manufacture wafers domestically for export to large solar installations overseas, such as the one completed earlier this year in Japan

Hyde said GCEDC remains committed to bringing 1366 to Genesee County.

He issued this statement:

The Genesee County Economic Development Center (GCEDC), along with our U.S. Senate and Congressional delegates, continue to work with 1366 Technologies to help secure the US Department of Energy Loan Guarantee that will enable the company to build their first Direct Wafer manufacturing facility at the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP).

We believe that the Company has clarified their intentions that their strategy is a U.S. manufacturing first strategy and as such fully aligns with their previous commitments to establish their U.S. manufacturing hub at our 1,250-acre STAMP High Tech Mega-Campus here in Genesee County.

Rep. Chris Collins, through a statement issued by staff, said he is doing what he can to help secure the loan guarantee for 1366.

Congressman Collins has been actively working with partners at the Genesee County Economic Development Center to assist in opening a dialogue with 1366 Technologies and the U.S. Department of Energy. The Congressman is pleased that Secretary Rick Perry recently met with 1366 Technologies executives to discuss this project. These conversations are necessary to make sure that any significant taxpayer investment in the form of a government backed loan is made prudently.
We are hopeful that an understanding will be reached that protects taxpayers while creating economic opportunity in Genesee County. The Congressman will continue in his role in assisting this conversation and always remains committed to supporting efforts to create jobs in Genesee County.

The loan guarantee was promised to 1366 in 2011 but during the transition to the Trump Administration, there were delays related to the transition.

Sanderson said, "There was a transition with the change in administration and that was more challenging than we had expected. However, we’re now having the right discussions and those remain active."

The company is entering a highly competitive solar market that is booming (Solar Employs More People In U.S. Electricity Generation Than Oil, Coal And Gas Combined). Sanderson acknowledged the company, which currently has a small facility in Boston that employs 60 people, is keen to move forward with full production.

"We’re eager to bring the technology to mass production because we know what it can do for the industry and for consumers’ ability to access inexpensive solar power," Sanderson said. "But we’ve certainly taken advantage of the time in the run-up to scale to make additional technical gains. We’ve now surpassed the efficiency of the incumbent technology and have a cost advantage that no sawn wafer can beat. We’ll continue to make gains as the first step – but certainly not the last – in our scaling effort crystallizes."

UPDATE Friday, 10 a.m.: Statement from the office of Sen. Charles Schumer:

“Last month Senator Schumer spoke directly to U.S. Department of Energy Secretary Rick Perry and urged him to reach out to the 1366 Technologies CEO and meet with 1366. Almost immediately after the conversation, Secretary Perry reached out to the CEO and met that following week. Our office remains in very close contact with 1366 Technologies and the Department of Energy,” said Jason Kaplan, spokesman for Senator Schumer.

K9 team joins Village of Corfu PD

By Howard B. Owens

Given the expense of buying and training police K9s, you wouldn't expect a small village like Corfu to have a K9 officer, let alone a handler with two dogs. In fact, just a couple of years ago, Corfu residents wondered if they would even keep their police force.

But a loss for one village is a gain for another.

Officer Anthony Bartucca, with 27 years experience in law enforcement and K9s "Rocco" and "King" by his side, became available to Corfu after the Village of Lyons dissolved and shut down its police department.

"We're very blessed that this situation came up," said Mayor Biggs Johnson. "It’s not a situation where we had to go out and purchase a K-9 or pay for the training. He’s already got certifications. We just have to maintain the training."

Rocco is an advanced drug-detection dog who can also perform tracking and trailing duties. King sniffs out explosives and weapons.

"Rocco will sniff out all drugs known to man, including pharmaceutical drugs, which you know is now more prevalent than street drugs," Bartucca said.

The K9 team joined the 14-officer police force five weeks ago; all are part time.

Rocco, 6 1/2 years old, is a Belgian Malinois and German shepard mix, and 2-year-old King is purebred German shepard.

Johnson thinks the team will have a region-wide impact, given Corfu's nexus at major traffic arteries -- Route 77 and Route 33. Johnson said he's concerned both about drugs and human trafficking passing through the area.

"I know we’re a small village, but because of where we are, where we’re located in close proximity to the Thruway, I think we can do quite a bit to help curb a lot of that activity," Johnson said.

Rocco was a big hit at Corfu's Halloween party last night. He was super friendly, eager to meet every person that came his way.

"He’s a big lovey until I tell him not to be," Bartucca said.

The Village of Corfu PD has a new motto: "Serving with Honor, Integrity & Pride; Protecting with Courage." Officer Cameron Leight on the left.

Police investigating report of man sprayed with fluid in Downtown parking lot a week ago

By Howard B. Owens

A week ago, a man walking to his car in a parking lot off of East Main Street, was either splashed or sprayed with some sort of fluid by three youths riding BMX-style bicycles.

Police are investigating but have little information to share at this time.

Police were dispatched to the parking lot the night of Oct. 24 to investigate a report that a man had been sprayed with gasoline.

At Monday night's City Council meeting, during public comments, Bill Blackshear, while talking about the city's need to address some youthful misbehavior and find ways to bring the community together, referenced the incident and said the victim suffered second-degree burns.

Det. Eric Hill, Batavia PD, couldn't confirm whether the man was injured or what sort of fluid might have been involved.

"We are having difficulties getting in touch with the victim," Hill said. "That is the information we are trying to find out also."

There is another video obtained by The Batavian related to the incident that shows the youths involved more clearly so its possible the police could have identified them, but Hill said he wouldn't discuss that aspect of the case since it is an ongoing investigation (the youths appear to be under 16 years of age, so since this case is likely to be referred to Family Court if there are charges, and since there have been no charges, The Batavian has chosen not to publish that video clip at this time).

Anybody with information that may assist in the investigation may call Batavia PD at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

Man pleads guilty in case of home improvements paid for, but work not completed

By Billie Owens

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Hilton resident pleads guilty to weapon charge for possessing high capacity magazine with live ammunition

By Howard B. Owens

A 33-year-old man from Hilton accused of illegally possessing a semiautomatic .223-caliber rifle and large capacity magazine in violation of New York State law while in Byron in March entered a guilty plea this morning to a single felony count of criminal possession of a weapon, 3rd.

Under terms of the plea deal, if Charles S. Ganoung IV, avoids criminal legal trouble for the next year while on probation, his plea can be reduced to a misdemeanor, criminal possession of a weapon, 4th.

He would then serve two more years on probation.

Deputies arrested Ganoung March 25 while in the course of an unrelated investigation when Ganoung was found with rifle, which deputies said was unregistered and equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. 

The Army veteran admitted to the second count of the indictment, the one dealing with the large capacity magazine, in Genesee County Court this morning but made no other statements.

Sentencing is scheduled for Jan. 24.

Law and Order: Woman accused of refusing to leave UMMC emergency room

By Howard B. Owens

Deborah R. Blatt, 56, of East Main Street, Batavia, is charged with harassment, 2nd, and criminal trespass, 3rd. After refusing medical treatment in the emergency room of UMMC, Blatt allegedly sat down in the waiting area and refused to leave after being told by hospital staff to leave. Blatt allegedly pushed a responding officer.

Brian L. Erickson, 52, of Cherry Street, Batavia, is charged with harassment, 2nd. Erickson allegedly pushed another person during an incident reported at 5:32 p.m. Tuesday at a location on Ross Street.

Robin L. Walsh, 50, of West Main Street, Batavia, is charged with petit larceny. Walsh allegedly concealed several items in her purse at Tops Market and walked out of the store without paying for them.

Trisha R. Santora, 35, Naramore Drive, Batavia, is charged with DWI, driving with a BAC of .08, refusal to take breath test, aggravated unlicensed operation, 1st, driving a motor vehicle while on a mobile device. Santora was stopped at 9 p.m. Oct. 19 on Main Street, Batavia, by Officer Matthew Wojtaszczyk.

David L. Andrews, 29, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and suspended registration. Andrews was stopped at 3:17 p.m. Sunday on Jefferson Square, Batavia, by Officer Christopher Lindsay.

Law and Order: Postal carrier calls in suspicious activity, leads to drug arrest

By Howard B. Owens

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.

Family on Thorpe Street hosts carnival for kids in the neighborhood

By Howard B. Owens

Dan Eberly and his wife, Sarah, hosted a carnival in their backyard yesterday for the children living on and around Thorpe Street in Batavia.

"This is a busy neighborhood and there are lots of kids and we just wanted to get to know them," Dan Eberly said.

The carnival had various games that allowed the children to earn tickets that could be redeemed for prizes. There were also hotdogs, snacks and drinks.

It was all free.

Most of the year Eberly, who is originally from Baltimore, works overseas but with an extended stay at his home in Batavia, he thought it was a good time to do something for the neighborhood kids.

"I had carnivals in my neighborhood when I was growing up and they were the highlight of my fall," he said.

The Eberlys also host Nerf gun games every Wednesday evening in their backyard. If kids show up and don't have their own Nerf guns, the Eberlys supply them.

Eberly is also mindful that Thorpe has a reputation for being a troubled neighborhood.

"We had the shooting — it was literally out my front window -- a couple of weeks ago, and we just figure this would be a good way to start changing the community by getting to know everybody," Eberly said.

County legislators face choice of six cent property tax increase or spend more reserve funds

By Howard B. Owens

The 2018 budget County Manager Jay Gsell is filing contains a property tax rate increase of six cents, to $10.13 per thousand of assessed value.

The manager's budget only becomes law if the County Legislature fails to pass a budget before the end of December.

At a meeting of the whole yesterday, no member of the Legislature expressed outright support for the increase and several said they oppose it and want to hold the rate at $10.07.

To do that, legislators will need to appropriate another $186,000 from reserve funds or find an equal amount of spending to cut.

Gsell's budget already calls for spending down the reserves again by $1 million.

“We’ve got the money, we should use it," said Chairman Ray Cianfrini. "I don’t think we should be hitting the public with another tax increase. Right or wrong, I think they think perception-wise that the Nursing Home money is money we have to apply toward this. I’m just throwing that out as my recommendation.”

Legislator Marianne Clattenburg said, “You’ve got to remember, people’s assessments went up, so their taxes are already going up.”

Both John Deleo and Ed DeJaneiro expressed opposition.

"I don’t think I could vote for a budget unless we went to $10.07," DeJaneiro said.

Now that Gsell has submitted the manager's budget, legislators will have two weeks before a public hearing to make their suggestions for fine-tuning the revenue and spending plans.

The county's spending plan for 2018 calls for a total expenditure of $130,180,842, which will be paid for by a combination of state and federal reimbursements and local property and sales taxes along with miscellaneous fees and use taxes.

The property tax levy under Gsell's plan is $29,492,783. That's an increase in the levy of $268,120, which is within the state's two-percent tax cap mandate.

That mandate is being made tougher by Albany. The Raise the Age law passed earlier this year -- which will bring more 16- and 17-year-olds accused of crimes into the Family Court system -- was written to withhold funds for reimbursements for additional expenses from the law to counties that fail to hold the line on the two-percent cap.

This is also the first year the county is not saddled with the expense of the Genesee County Nursing Home, with its 160 jobs (full-time equivalents) and $16 million budget, which was draining as much as $2 million from local taxpayers each year.

There remain 540 FTEs on the county's books. Personnel is the largest expenditure for the county, but the pressure of the expense has been mitigated the county's share of the state's pension program remaining flat for 2018, more employees falling under Tier IV of the pension program, and the cost-savings success of the county's health coverage program, which now has employees contributing 10 to 20 percent of the premiums.

Unfunded state-mandated expenses continue to eat up a good portion of the tax levy. The 8-9 programs cost local taxpayers $22,315,765, or 76 percent of the levy. Medicaid is $9.4 million of that expense.

In all, Department of Social Services provides health aid to 12,500 senior citizens, children and adults in need at a cost of $95 million (most of which is covered by State and Federal expenditures).  About 60 percent of the expenditure is for long-term nursing care.

Other unfunded mandates include indigent defense, pre-K/elementary handicapped education services, probation, mental health, the jail, Safety Net, family assistance, child welfare and youth detention, according to Gsell's budget message.

Another mandate Gsell knocks in his message is the requirement from Albany that counties give raises to district attorneys. On April 1, the DA's salary will go up to $193,000 and there's nothing local elected officials can do about it.

"This is merely a reflection of the unilateral and paternalistic attitude of Albany and the disregard for local county government fiscal constraints," Gsell said.

The most significant personnel change in the budget is the addition of a compliance officer, who will report the county manager and oversee compliance with state and federal regulation related to the more than $11 million in grants the county receives so that revenue isn't inadvertently jeopardized. 

"(The position) has been strongly recommended by our outside/consulting corporate compliance attorney and our independent auditors," Gsell said.

As for proceeds from the sale of the nursing home, DeJaneiro wanted to know if the state could mandate what the county does with the money. Gsell said that is one thing the state leaves entirely up to local discretion.

There are still accounts to settle related to the nursing home, so the final total of the proceeds (profits) from the $15 million sale is not yet available, but whatever the amount, it will likely be placed in the capital improvement fund.

DeJaneiro suggested it go to help pay for repairs to roads and bridges and Gsell said that is one possibility, but the county is looking at the state soon requiring the county to build a new jail with a potential price tag of $43 million.

As expenses continue to go up every year in a county budget that for years has held the line on tax increases and cut personnel and services year-after-year, one concern for legislators about the tax cap is if they don't raise the property tax by six cents, then the amount they can raise taxes in future years if dire circumstances require it is diminished.

To get around this Legislator Bob Bausch asked if the county could raise the rate by six cents and then on the tax bill immediately turn around and rebate property owners the six cents per thousand, thereby increasing the total amount of the levy without actually taking more from taxpayers.

"I think it’s sort of a gimmick," DeJaneiro said.

Bausch replied, "Of course it’s a gimmick. The whole thing is a gimmick," meaning the state's arbitrary tax cap.

"Fight gimmicks with gimmicks," Legislator Andrew Young observed.

No vote was taken on the budget. There will be another budget discussion next Wednesday.

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