A Genesee County Sheriff's Deputy is responding to the area of 1044 Sumner Road, Darien Center, for a report of goats in the road.
UPDATE 2:10 p.m.: A deputy is on scene. He asked whether the animal control officer was responding and was told she was on another animal complaint. Subsequently, she cleared and said "I'm available for any goat calls." She asked the deputy is she's still needed out there and he said yes because "I can't fit all seven (goats) in my car." She asked if the owner was there. And he said he's been asking the goats and "all they say is the same thing 'baaah'. " She replies that that might mean 'no' in goat speak. The animal control officer is on her way to Sumner Road.
UPDATE 2:48 p.m.: The animal control officer is once again having a very busy day. Now she's wanted on Overlook Drive at the Country Meadows Trailer Park for the report of a 14-year-old who was bitten by a stray cat. But alas, "I can't right now, I'm stuck in the driveway at the goat house," she tells a dispatcher, who will call for help for her as needed.
UPDATE 2:54 p.m.: She's clearing "the goat house" and able to leave for Overlook Drive. She says the goat owner has been given pointers with regard to fencing to resolve the problem so the goats stay put.
Farmers in New York State are being advised to take legal action against a Swiss agrochemical company that is being accused of mishandling the marketing of its genetically modified corn seed.
“New York farmers have been ripped off,” said attorney M. Scott Barrett, an Albion native who is a partner in Barrett Wylie LLC of Bloomington, Ind.
Barrett and Albion lawyer Conrad Cropsey are part of a four-attorney team available to represent New York corn growers who may have been affected by circumstances surrounding the 2010 rollout of the Agisure Viptera corn seed developed by Syngenta AG.
Ken Walsh of Mount Kisco and John Jernigan of Brewton, Ala., are the other lawyers handling New York cases.
Litigation against Syngenta, which was acquired by China National Chemical Corp. in June for $43 billion, began in 2014 – four years after Syngenta began marketing the corn seed.
The problem, Barrett said, was that Syngenta failed to get Chinese approval of the seed, which contained the MIR 162 GMO seed trait.
“China ultimately detected MIR 162 in U.S. corn shipments in November 2013 and, as a result, China, then the third-largest U.S. corn export market, embargoed all U.S. corn -- thereby driving down corn prices and damaging American corn producers,” Barrett said.
“The U.S. corn market has yet to fully recover, nor is it likely to do so anytime soon because after the U.S. corn ban in 2013, China entered into long-term contracts with a number of South American producers.”
Syngenta’s inability to obtain approval by China and alleged misleading statements about when the seed would be approved prompted farmers to file a class action suit in Kansas City, Kan.
Since then, a federal judge dismissed the suit, leaving farmers in all but nine states -- Arkansas, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, Ohio, and South Dakota – without a national class action protecting their legal rights. The nine states mentioned can proceed via state law class actions.
Cropsey said farmers in other states, such as New York, have the right to file individual cases.
“We are working principally in the GLOW region and have a couple of signed clients in Suffolk County and Niagara County,” Cropsey said. “Farmers only need to sign a contract. We will handle all the paperwork and file their cases in Williamson County, Illinois court.”
Cropsey said the opportunity to file individual cases is open to all New York corn producers who grew and sold corn for market at any time after 2012.
“It makes no difference whether they purchased Syngenta seed or a competing brand such as Pioneer or DeKalb,” he said. “All of them have been damaged no matter what brand(s) of seed they purchased. Nor does it matter whether the corn was sweet corn or field corn.”
Barrett recounted the litigation against Syngenta in three phases:
-- The one-count national class action, based on the federal statute known as the Lanham Act (which since has been denied);
-- A Minnesota state class action filed in state court in Minnesota;
-- Thousands of individual, non-class cases filed in both the Kansas and Minnesota courts as well as a state court in Williamson County.
“The three judges from Kansas, Minnesota, and Illinois have appointed a Special Master to work with the parties towards settlement on a parallel track with 48 test-case trials selected by the federal court in Kansas. This is being done to establish liability and damages parameters that will inform the settlement discussions,” Barrett said.
In an encouraging sign for farmers, the first Kansas test case trial last month ended with a jury verdict of $217 million in favor of the certified class of Kansas corn farmers.
“The Kansas class asked for $217 million in actual damages and that is exactly what they received -- no punitive damages were awarded,” said Barrett, adding that it took the jury less than a day to render its verdict.
A second test case trial, this one involving a single Nebraska plaintiff, was set to start on July 10 in Minneapolis, but a confidential settlement was reached four days earlier.
The third test case trial, this one involving the certified class of Minnesota corn farmers, is scheduled for mid-August in Minneapolis. The certified class of Minnesota corn farmers is seeking actual damages in the range of $600 million.
According to published reports, Syngenta lawyers are disputing the farmers’ claims of damages and are denying the company did anything wrong – noting that the seed wasn’t sold until U.S. approval was obtained and that it didn’t need China’s approval.
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For more information about the litigation, contact Cropsey (photo above) at 585-589-9400.
A 37-year-old Corfu resident was flown by Mercy Flight to ECMC yesterday morning after her car struck a parked construction trailer on Hopkins Road, Pembroke, at 8:18 a.m.
The trailer was parked partially in the roadway and it may have been difficult for Lori Schwab to see in the early morning sun as she came over a rise in a hill, according to investigators.
She was driving a 2009 Chevy sedan.
The trailer is registered to B&B Paving and Excavating, of Middleport. It wasn't attached to another vehicle at the time of the accident.
The owner was cited for alleged parking or standing on a main traveled paved roadway.
The accident was investigated by Deputy Kevin McCarthy.
Photo: By Alecia Kaus/Video News Service.
The Insurance Services Office Inc., ISO, recently visited Bergen to evaluate the building-code enforcement, ranking second to last for residential buildings and commercial buildings.
It ranked Class 9. In the ranking system, from 1 to 10, Class 1 represents an exemplary commitment to building-code enforcement.
ISO is responsible for evaluating all jurisdictions that have a building code enforcement department. They use the Building Code Effectiveness Grading Schedule, BCEGS, to recognize building codes in the community, and how your community enforces its building codes.
“The concept is simple: municipalities with well-enforced, up-to-date codes should demonstrate better loss experience,” according to a letter from Joseph Bindas, a field representative from ISO, to David Mason, the zoning/code enforcement officer. “The anticipated upshot: safer buildings, less damage, and lower insured losses from catastrophes.”
Mason presented the letter at the Bergen Town Board meeting on Tuesday.
“What stands out to me is that out of a one to 10, one being the best, we scored a nine,” said Donald Cunningham, town supervisor. “I was under the impression that we were somewhere in the middle.”
ISO will review the community again to determine whether or not the BCEGS rating should be revised.
Mason said the fire hydrants are a problem they know they need to fix. Replacing the fire hydrants will help improve the rating, and currently, the fire department is evaluating the hydrants.
This evaluation effects homeowners' insurance, Mason said.
“If State Farm is insuring a house on the outskirts of town, they look at this rating,” Mason said. “They base their insurance on that.”
ISO will meet with Mason on Aug. 29 to review the questionnaire and responses, as well as supporting documentation, and come up with a plan to improve the rating.
Batavia Downs opened its 71st season Wednesday night with a big crowd and record purses for drivers.
Todd Haight, director of living racing, said the Downs has been able to boost the purses because increased revenue from the gaming floor and the concert series this summer helped bring more people to Batavia Downs, and also generated revenue that could add to the purse pool.
The bigger purses mean more big name drivers. This season, Ake Svanstedt, from Sweden, and Jason Bartlett joined the field.
The track also moved up start times this season. Haight said the new start time is closer to the final race time for the thoroughbreds at other tracks, so OTB betters around the state are more likely to stick around for harness racing. That means bigger prize pools for wagers, Haight said.
This is also the first full season the Batavia Downs Hotel has been open, and on opening night for the race season, all the rooms were booked, Haight said.
He also highlighted the food service at the gaming facility and the special promotions that will be taking place throughout the year.
“We really think it’s going to be another good year,” Haight said.
Ake Svanstedt won the fourth race driving Natalie Hanover.
Jared Frego (pictured left) will be replacing the Drew's Nature Center signs, using Logan Pocock (right) and his art skills to paint them, for his Eagle Scout project.
When Jared Frego saw the Drew’s Nature Center signs, located in Bergen, when he was younger, he thought the bullet holes looked cool. Now, Frego is using his Eagle Scout project as a way to replace the damaged, weather-faded signs.
There are two signs, one at the main entrance, and one on West Sweden Road. Frego said the new signs will be the same size as the old ones.
Frego plans to rebuild the signs and fellow boy scout Logan Pocock, 12, will be painting the signs.
The new signs will have a white-tailed deer, a mallard duck, a Massasauga rattlesnake and a ladyslipper.
“These are important things in our community that show who we are,” Frego said.
Frego presented his community-funded project to the town board on July 25 and the board voted unanimously to approve it. He is hoping it will be completed by the end of fall.
“I hear tales of [the board] looking to redo the nature center to look a lot like the park in Byron,” Frego said. “I want to offer to use my eagle project to rebuild the signs.”
Pictures on a tablet were passed around the meeting, showing the weathering, wear and tear, and bullet holes in the signs.
“The signs that you see in the pictures has a lot of shotgun slugs in it,” Frego said. “It has a couple .22 slugs, and some people decided to hit it a couple times. It doesn’t look too great.”
Frego plans to take the old signs out, fix the garden area around them, and put the new signs in. He would like to put fiberglass on top of the new signs, in hope that they will last longer.
Donald Cunningham, the supervisor of the Bergen Town Board, agreed that the signs need replacing.
“The signs, it's evident by the photographs, that they need reconditioning and sprucing up,” Cunningham said. “We do want to improve the area for the public. So, I think this is a great plan for what we are trying to move towards.”
Brian Stone, deputy supervisor of the Bergen Town Board, said he is grateful and appreciative that they want to spend their time on the signs.
“I’m sure I speak for the board when I say we appreciate your enthusiasm for the signs and to do this,” Stone said.
Biting into a fresh and juicy peach is a reminder that, regardless of gray skies and rain, summer is definitely upon us. This week there is a large selection of fruits and veggies that are just coming into season: field-grown tomatoes, sweet corn, eggplant, sweet and hot peppers, and plums. This is also prime time for pickling cucumbers. Peaches are available, too, but freestone peaches (for canning, where the pit is easily removed) will be ready around Aug. 10th.
We are all familiar with advertisements from stores announcing the “last chance” to buy something at a low price. My phone has been ringing with the same prerecorded call for the last three years, notifying me of my “last chance” to lower the interest rate on my credit card. I don’t believe it. But here in New York, our time to buy fresh, local food really is limited. Nature doesn’t let us grow berries in January. Now is the time to slice a red (or yellow, or purple) ripe tomato onto your salad this summer. Don’t miss the opportunity.
Last summer, our local farmers were affected by the drought. But today it’s raining, again. At the Genesee Country Farmer’s Market, I asked Sharon from Schwab Farms in Gasport how the rain has been affecting their crops.
“We prefer it a little drier…but everything looks beautiful,” Sharon said with a smile.
The Genesee Country Farmer’s Market is located at the corner of Bank Street and Alva Place (near JCPenney) in Downtown Batavia, from 9 a.m. to 4 p.m. Tuesdays, Thursdays and Fridays. Fresh produce and baked goods are available every market day, but Friday has a larger variety of vendors and more craft and specialty items.
Press release:
Proving that a minute can matter, Tompkins Bank of Castile is launching the fourth and final round of the quarterly Community Minute Challenge. Each quarterly winner is awarded $2,500; by the end of the contest, a total of $10,000 will have been provided in much-needed funds to local not-for-profit organizations.
“In each of the first three rounds, the support for the Community Minute Challenge has been impressive, with thousands of votes cast for the participating organizations,” said John McKenna, bank president and CEO.
“As proud members of the communities where we operate, we’re thankful for the important services that are provided by non-for-profit organizations in our area. We’re thrilled to be able to bring attention to their positive work through the Community Minute Challenge.”
The fourth round started on July 24 and runs through Aug. 7. The winning organization is determined by public voting on the Bank of Castile Facebook page, where visitors can watch the one-minute videos produced by participating nonprofits and then vote for their favorite. Each video explains how the non-profit would use the awarded funds. The six organizations competing in this round are:
- Delphi Drug and Alcohol Council Inc. (Monroe County)
- Friends of Letchworth State Park (Wyoming County)
- Friends of the Richmond Memorial Library (Genesee County)
- Genesee Cancer Assistance (Genesee County)
- Geneseo Parish Outreach Center (Livingston County)
- Gilda's Club Rochester (Monroe County)
To show support for the initiative and cast a vote, participants should “like” the Tompkins Bank of Castile Facebook page at www.facebook.com/TompkinsBankofCastile and click on the Community Minute Challenge app. They can then select their favorite nonprofit after watching the one-minute videos. Individuals can vote once per day during the contest period.
Launched in August 2016, the Community Minute Challenge has awarded $7,500 to date. The first-round winner was Going to the Dogs Rescue in Wyoming County, an organization dedicated to helping homeless pets find loving forever homes. The second-round winner was ARC of Genesee Orleans, a resource of choice for people with disabilities and their families in both Genesee and Orleans counties. The third-round winner was Community Action for Wyoming County, an organization that seeks to improve the quality of life of all people they serve by focusing on their needs, and encouraging them to realize their goals and become self-sufficient.
The Bergen Town Board is looking to earn a Clean Energy Community designation through the New York State Energy Research and Development Authority, NYSERDA, which would qualify Bergen to apply for grant funding.
The Clean Energy Communities Program is a $16 million initiative to help local governments across the state reduce energy consumption and drive clean energy use in their communities.
Hanna Quigley, from the Genesee/Finger Lakes Regional Planning Council, said there are a total of 11 grants left.
In order to be eligible, Bergen must make changes to the community, in areas such as solar energy, LED technology and energy usage.
Donald Cunningham, the supervisor of the Bergen Town Board, said the Genesee/Finger Lakes Regional Planning Council reached out directly to offer their services.
“They can do a study to see [which High Impact Actions] might be beneficial for us,” Cunningham said. “The study is of no charge.”
According to the NYSERDA website, local governments in New York State can use the Clean Energy Communities program to implement clean energy actions, save energy costs, create jobs and improve the environment. The program also recognizes and rewards leadership for the completion of clean energy projects.
If the town board decides to earn the Clean Energy Community designation, Bergen must complete four of the 10 High Impact Actions. These are, reporting the energy use of buildings, clean energy upgrades to reduce greenhouse gas emissions, converting street lights to LED technology, installing vehicle charging stations, increasing the number of solar rooftops, streamlining the approval process for solar, energy code enforcement training, a Climate Smart Communities Certification, offer energy upgrade financing to businesses and nonprofits, and community choice aggregation.
Cunningham said being a Clean Energy Community could lead to more requirements throughout the community.
“Basically, they still have grants available that they’re trying to use up,” Cunningham said. “It can’t hurt to try.”
The town board has until Sept. 30, 2019, or until the grant funds run out, to apply for the grants.
July 31 is the last chance for youths, ages 14 to 19, to apply for summer jobs through the Genesee County Career Center in Batavia.
This state-funded program offers 42 positions for youths to work 100 hours, approximately 20 hours a week, for minimum wage.
Lisa Smith, the employment and training counselor, said this is a great opportunity to get job experience.
“This gets them out into the community and building relationships,” Smith said.
Each youth will attend a three-day training, where they learn about how to interview, how to create a resume and cover letter, and how to interact with coworkers.
The Tonawanda Valley Federal Credit Union came to the last training, Smith said.
“They taught them how to balance a checkbook, how to write a check, and how to start saving money,” Smith said.
Once each person is placed, Smith visits once a week to check on the employee and employer.
This program has been around since 1980, serving Genesee County youths. They have worked at places such as the Oakfield-Alabama Central School District, rec programs, the Genesee County Animal Shelter, and public libraries in the area.
For those interested, they can contact Smith at 344-2042, ext. 4237, or by email at Lisa.Smith@co.genesee.ny.us, or stop by the Genesee County Career Center located at 587 E. Main St., Suite 100.
Reasons to hire an attorney for a workers’ compensation claim:
Please call Kristin Allen at 585-815-9003 for any of your workers’ compensation needs.
It's time once again for the big annual garage sale benefiting the Crossroads House. As always, there will be a large selection of items under the tents off of School Street. The sale begins tomorrow and runs through Saturday.
There is no separating the Christian faith of Deputy Brian Thompson and his work over the past 25 years with the Genesee County Sheriff's Office.
From his positive spirit, ready encouraging words for everybody he comes across and his gentle reminders that "life is temporary but eternity is forever," Thompson makes it clear he doesn't do one thing on Sunday and live his life differently.
"Sometimes we think we can compartmentalize things and say, 'Well I can have faith on Sunday but the rest of the time I'm just going to be like the world and be harsh,' and we can't be that. I tried not to compartmentalize who I am in God. And I think that's made me who I am as a police officer on the scene."
Thompson retired today and he said he can look back on a career where he thinks he's made a difference in people's lives, even people he's arrested.
"A lot of those citizens on that side of the law have become my friends over the years," Thompson said. "That's very rewarding to see people that are hating law enforcement, hating authority more or less -- and then to become great citizens in the community, and loving God or loving the Lord, or just maybe even having a wake-up call and change your life, and then reaching back and saying that they love me and care about me is very humbling."
Thompson said people have reminded him over the years that it wasn't his job to be a preacher or pastor while on the job, but that didn't mean he couldn't keep seeing each person he met someone special.
"Each individual person I run into is special and unique and made in God's image," Thompson said. "When we do that and we put them first in God's eyes, it makes you have more of a compassion for them. I haven't always perfectly done that, but I would say for the most part God has given me the courage and the patience and the endurance to be that for most of those persons over the years."
Thompson grew up in Genesee County. He attended Pavilion High School and then transferred to Oakfield-Alabama, where he graduated in 1986.
Thompson accepted Christ when he was 18.
At the time, from the outside people might have thought he had things together. He was an athlete and among the top 10 academically in his class, but inside, he said there was more anger than love.
"Alcohol was taking over my life," Thompson said.
Jesus, he said, "changed my life for eternity."
After graduation, Thompson joined the Army, which is where he got involved with K-9s.
He returned home in 1990, already a married man.
He met his wife, Amy, while in high school and through the first two years of his Army hitch, they stayed in touch through letters and phone calls and were married in 1988.
Brian and Amy have four children, Ethan, 23, Olivia, 20, Sophia, 16, and Gideon, 9.
In 1991, Thompson went to went to work for the Sheriff's Office as a corrections officer. After 18 months in the jail, he was transferred to road patrol. After road patrol and a sent on the Local Drug Task Force, he was offered a chance to become a K-9 handler again. He worked with three dogs over the course of his 14-year K-9 career: Yentl, Jay, and Pharoah.
One of the most dramatic events of Thompson's career occurred in Corfu in January 2014. The incident began when Thompson was dispatched to check on a car off the road. When he arrived, he recognized the subject in the car as Scott A. Kopper, who was wanted on a parole warrant. When Thompson attempted to get Kopper out of his vehicle, Kopper tried to drive off, dragging Thompson, whose arm was caught in the car door. A nearby truck driver intervened, possibly saving Thompson's life.
Kopper is currently serving a seven-year prison term for the assault.
"I love Scott," Thompson said. "I haven't had an opportunity to touch his life in jail yet but I'm hoping to, as I retire, to be able to reach out to Scott and continue that love. This started at the sentencing time to say 'I forgive you and I love you and you mean something.' But we all have to be held accountable for our actions. And he did something that almost cost me my life and almost cost other people's lives.
"But his life was spared. And I think it was spared for a reason. So I do pray that Scott comes to know the Lord and turns his life over to him. I have no control over that. All I can do is extend my hand to him and say 'I love you and I care about you and I hope your life is more fulfilled than it was before.' "
Top Photo: Thompson, middle, with Undersheriff Greg Walker and Sheriff Bill Sheron.
Press release:
Senator Michael H. Ranzenhofer's bill (S5064) to permanently allow the use of rifles for big game hunting in Genesee County has been signed into law by Governor Andrew M. Cuomo.
Senator Ranzenhofer has issued the following statement:
“I am pleased to report that a new law will allow sportsmen in Genesee County to continue using rifles for big game hunting for years to come. The practice has proven to be successful since first enacted in 2015. Without action, the existing law would have expired later this year. That is why I worked throughout the 2017 Legislative Session to make the existing law permanent. Now, Genesee County will join other rural communities across New York State with a permanent provision.”
Press release:
In his continuing quest for bipartisanship, rare in today’s political climate, Assemblyman Steve Hawley (R,C,I-Batavia) will be hosting Assemblyman Michael Cusick (D-Staten Island) in his Assembly district to demonstrate the concerns and needs of Western New Yorkers. In return, Hawley will visit Cusick’s home, Staten Island, at some point in the future.
“I am excited to host Assemblyman Cusick and show him how our lives are different in another region of the state,” Hawley said. “I am pleased that he accepted my invitation to travel the many miles to our area and his acceptance illustrates the bipartisanship and common bond we all have as state lawmakers despite the quarreling and vigorous policy debates we have in Albany. I hope other lawmakers follow our lead and remember that our common goal is to make all of New York a better place to live.”
"Although I have long represented a district in one of New York City's greenest boroughs known fondly as 'The Borough of Parks,' I believe my trip to Genesee and Orleans may challenge what I have always thought of as 'green space,' " said Assemblyman Cusick. "Very much looking forward to taking up Assemblyman Hawley on his kind offer to tour these beautiful counties."
Batavia High School's Tee Sean Ayala, one of the Blue Devils' stars on the court, posted some big games in the national AAU D1 championships in Florida this week.
Playing in the senior division, though he's coming into his junior year, Ayala scored in double digits in four of the six games he played in as his team, the Rap Stars, went 4-3, made the Elight Eight, and finished sixth in the tournament.
(Ayala, back row, far right, in uniform.)
New York State Police Superintendent George P. Beach II has appointed Major Edward J. Kennedy, of Buffalo, as the 24th Troop Commander of Troop A. Major Kennedy began his career in the State Police on Oct. 2, 1989 when he entered the New York State Police Academy. Major Kennedy has served most of his career in the Western New York area.
In 1999, he was promoted to Investigator and worked out of SP Wellsville. In October 2002, he was promoted to Senior Investigator and assigned to SP Jamestown.
In March of 2007, he was promoted to Lieutenant of the Bureau of Criminal Investigations and assigned to SP Farmingdale, Long Island. After seven months in Long Island he was reassigned to Professional Standards Bureau Western region, which covers Troops A, E. After a few months he was reassigned to SP Jamestown as the Uniform Lieutenant. In April of 2009, he was assigned to SP Batavia as the Lieutenant of the Bureau of Criminal Investigation.
In September of 2012, he was reassigned to acting Zone 3 Commander (Jamestown area) and in March of 2013 promoted to Captain of Zone 3, Troop A. In February 2014, he was reassigned to Troop T, SP Buffalo as Captain, which covers the Thruway from Rochester to the Erie, Pa., line.
Major Kennedy’s appointment to Troop A Commander was effective July 13, 2017. He replaces Major Steven Nigrelli who was promoted to Staff Inspector of Professional Standards Bureau - Western region.
As the Troop A Commander, Kennedy will oversee the State Police operations in the eight counties of Western New York including Niagara, Orleans, Erie, Genesee, Wyoming, Chautauqua, Cattaraugus and Allegany. More than 430 civilian and sworn members are under Major Kennedy’s command.
Major Kennedy grew up in the Buffalo area and is a 1985 graduate of Buffalo State College. He is married and has three children.
A motor-vehicle accident with injuries is reported on the area of 8015 Hopkins Road, Pembroke.
Pembroke fire and Indian Falls fire, with Mercy EMS, dispatched.
The roadway is blocked.
One patient is on the ground, on the lawn. A chief is asking for the availability of Mercy Flight.
UPDATE 8:28 a.m.: Mercy Flight requested to the scene.
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