A vehicle has reportedly struck a utility pole at Judge Road and Hutton Road, Oakfield.

Unknown injuries.

Oakfield fire and Mercy EMS dispatched.

Carjacking suspect Constantine Murrell, 35, a parolee from Rochester, entered a not-guilty plea at his arraignment today in Genesee County Court on counts of second-degree robbery and second-degree assault.

Murrell is accused of forcibly taking a car from a woman at the Kwik Fill, 99 Jackson St., Batavia, on Sept. 25.

He is also charged with reckless driving and unlawful fleeing a police officer.

After allegedly stealing the sedan, Murrell is accused leading police on a chase through city streets that reached 65 mph.

The chase came to an end when the stolen vehicle struck another car at Redfield Parkway and Richmond Avenue, which caused it to careen into a tree and the recently installed sign at the entrance of VA Medical Center.

The car then caught on fire.

The woman who had been driving the car was not physically injured.

Murrell was released from prison in April after serving an eight-year sentence for a 2010 kidnapping conviction in Rochester. He also has a previous drug conviction.

He reportedly told police after his arrest that he didn't know how he wound up in Batavia on Sept. 25. He said he had gotten into a truck with a man he didn't know in Rochester to do the drug K-2 and that the man left him in Batavia. He told police he panicked and just wanted to get back to Rochester.

“(I) couldn’t figure out how I would do it," Murrell is quoted in a court document as telling police. "I was at the gas station and saw an old lady in a white car at the gas pumps. I figured that it would be pretty easy to scare her and take her car.”

Judge Charles Zambito reaffirmed Murrell's bail status. He is being held without the possibility of bail. He will reappear in County Court on Jan. 23 for a hearing on pretrial motions.

There was no discussion of any potential plea offer.

The Batavian's news partner, 13WHAM contributed to this story.

Photos and article submitted by Anne Marie Starowitz.

I have been in a classroom since 1955. As a kindergarten student at the East School on Main Street in Batavia, I was evaluated by a checklist of questions: Could I tie my shoes, skip, and did I play well with others? We all know that has changed over the years.

My next memories were at St. Joseph’s Elementary School, where I learned Gregorian chant and how to diagram sentences. We didn’t have a gymnasium so recess was definitely my favorite subject because it was

Traditional teaching was the norm, a teacher at the front of the room lecturing and students taking notes. D’Youville College was different in the late ‘60s. First of all, very few students owned a typewriter; our papers were handwritten or if you were lucky your roommate had a typewriter.

You lined up in long lines to try to get the required courses for your major. It took weeks to get your grades in the mail. When I graduated the job, market was flooded; I was one of thousands who wanted to be teachers. The Vietnam War influenced many students to stay in college. 

I was so lucky to land my first job at the Wolcott Street School in Le Roy.  I finally had my own classroom. I was not the student anymore; I was the teacher. I had my stack of ditto masters and I was ready to create my worksheets. How lucky to have the hand-operated Ditto machine available to make my copies. As the children would say those dittoes smelled so good. 

I wanted to be a hands-on teacher. My first year in third grade the Social Studies curriculum was learning about the regions of the world. The first area I had to teach was the deserts of the world. So, I brought in sand, bought every possible cactus plant I could find and prepared a display on a long table. We did a mural with a map to go behind the table. The children created a papier-mâché camel. They were so engaged.

I wanted the children to feel what it was like to live in a desert. I turned the thermostat in the classroom to about 85 degrees. I did not know my thermostat controlled the 12 classrooms on my floor. I bet those kids (and the other teachers) never forgot the lesson on deserts! I was lucky that I was given the opportunity to try new things. I always believed if you were excited to be a teacher, your students would be excited to learn.

When I taught in Batavia I again worked with a wonderful principal, Andy Steck. He supported my teaching style. He accompanied my class to New York City and always supported my trips to Albany. I retired in 2007 and for the next 11 years I continued to teach. I borrowed teachers’ classrooms who were ill or at a meeting. In 2017, I changed from a substitute teacher back to a classroom teacher.   This time I am very happy to be on the faculty of St. Joseph School as their second-grade teacher.

My life has come full circle.

Times have changed and with the passing years many programs have come and gone. Technology has impacted the way we teach and how the children learn. Nevertheless, the teachers are the same as they were back in my day, 46 years ago when I was a first-year teacher: Teachers are in the classrooms for one reason, the children!

Ann Marie Starowitz is author "Back in the Day: Snapshots of Local History,The Way I see It!." The book is in its final printing and is available at 20-percent off the original price at the Holland Land Office Museum bookstore.

As part of "Shop Small Saturday" in Downtown Batavia this weekend, The Yngodess Shop is hosting a benefit for the Sheriff's Office K-9 Fund and to honor the memory of "Destro," the dog who worked patrol with Deputy Chris Erion for five years before dying in early October.

The Sheriff's Office has identified a possible replacement for Destro but is also planning on acquiring a second dog and training a new handler, and funds raised through this event will help with the effort.

Yngodness owner Chris Crocker said the event at her shop Saturday will include tastings and specials to share.

Erion will be at the shop from 5 to 7 p.m. for a meet-and-greet.

"Please stop by and show your support for this great cause," Crocker said.

Photo courtesy the Sheriff's Office.

Press release:

Northgate Free Methodist Church invites the community to a "Vintage Christmas" event from 5 to 8 p.m. on Saturday, Dec. 8^th.

Enjoy a festive Christmas tractor hayride through our community prayer walk, complete with carols and a retelling of the Christmas story. Come roast marshmallows around our bonfire, eat s’mores, drink hot chocolate, while the children are invited to create ornaments for the tree.

There will be a brief devotional, presented at 6 p.m., to ready our hearts and minds for the Christmas season, accompanied by a spectacular tree lighting. This is a free event, open to all ages, come and go as you please.

Northgate Free Methodist Church is located at 8160 Bank Street Road, Batavia. For more information, contact the Northgate office at (585)343-4011 or email office@northgatefmc.com

Above, Rachel Slobert, Batavia Academy principal, celebrates being first to be successfully pied.

Submitted photos and press release:

Every fall, Batavia Academy students enjoy a special Thanksgiving dinner. This year, students worked together to raise funds for this luncheon by collecting cans and bottles, and offering a pizza sale as well as an in-school snack cart sale. New this year, the students organized a Pie the Face event.  

Students and staff paid to throw a whipped cream pie in the face of Batavia Academy teachers, administrators and campus administrators. This was the first time such an event was held and it was a great success!

Much laughter and many cheers occurred as Batavia Academy teachers and staff, along with Rachel Slobert, Batavia Academy principal; Jon Sanfratello, executive principal of the Batavia Campus; and Chad Cummings, school resource officer of the Batavia Campus, took their turns getting "pied."

“This was a great fundraiser that raised $120 for our Thanksgiving dinner. We hope to make it an annual event,” said Rachel Slobert, as she carefully wiped whipped cream from her face.

About Batavia Academy

The Batavia Academy is an alternative education program that provides a small, nurturing environment, which gives each student the maximum amount of attention necessary to improve academic and social skills.

Programs have been specifically designed to provide an educational option for students from our component school districts in grades 7-12 whose needs are not met by our traditional secondary schools. Teachers assist students in attaining a high school diploma through maintaining the same academic requirements as home schools.

The Batavia Academy is set on the Genesee Valley Education Partnership campus located in Batavia.

The Partnership operates as a Board of Cooperative Educational Services providing shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

Below: Chad Cummings, Batavia Campus school resource officer, gets a pie in the face. Nice mustache!

Below: It's a direct hit! Jon Sanfratello, Batavia Campus executive principal, gets a pie smash.

On Thursday (Nov. 15) 15 Byron-Bergen High School students joined more than 500 other students from area districts to compete in the 10th annual Junior Achievement Stock Market Challenge held at the Buffalo Niagara Convention Center.

Four of the 132 teams competing were comprised of students from Marian Gerhardy’s Economics class. Each team started with an imaginary $1 million and each passing minute represented a trading day. Students bought and sold pretend stocks in an effort to gain the largest profit.

“It is hectic and quite fun,” said Gerhardy, whose students have been participating since 2011 and were the first from Genesee County to compete.

As the final “trading day” closed out, the Byron-Bergen team of Lydia Campbell, Anthony DiQuattro, Jared Fregoe, and MacKenzie Rosse had achieved a 36.18 percent return on investment and a second-place overall finish.

Two weeks after election day, with most of the outstanding ballots in the NY-27 counted, challenger Nate McMurray has pulled within 1,384 votes of Rep. Chris Collins but it's unlikely there are enough ballots left to be counted for McMurray to overtake the Federally indicted congressman.

McMurray has not conceded the race, though Collins has declared victory.

In Genesee County, in the count of provisional, military, absentee and emergency ballots, McMurray gained 71 votes on Collins, making the split 11,471 for Collins to 8,705 for McMurray. Third-party candidate Larry Piegza finished with 627 votes.

According to the McMurray campaign, and multiple other news reports, McMurray gained votes in nearly every, if not every, county in the district since election day two weeks ago.

In a statement this afternoon, McMurray thanked his supporters and vowed to continue the fight, claiming potential irregularities. He said he and his attorneys are discussing the situation and will decide what to do after Thanksgiving.

In election law in other states, when the margin separating two candidates is less than 1 percent, an automatic recount is required or a candidate can request a recount. New York law provides no mechanism for requiring a recount.

"We have seen extensive irregularities in the voting process, especially pertaining to absentee ballots, and there are issues that need to be addressed, not only for this election but for all elections in the future to ensure voters are not disenfranchised and that every voice is heard," McMurray said.

The Collins campaign has not sent a statement about the outcome of the election to The Batavian.

In Genesee County, the recount is a bipartisan affair, overseen by Richard Siebert for the Republicans and Lorie Longhany for the Democrats, with observers from both parties watching the entire process, from ballots being opened to votes being tabulated.

In Erie County, which is where McMurray picked up most of his additional votes to close the gap, which was 2,241 votes districtwide when Erie County started its vote count yesterday morning, Republican Commissioner Ralph M. Mohr told the Buffalo News the process there is similar to the process locally.

From the Buffalo News:

The Tuesday process began around 10 a.m. in a stark room at the Board of Elections on West Eagle Street. Officials first ran through a scanner the emergency ballots that somehow were jammed or encountered other problems in the machines on Election Day.

Then Mohr explained the process by which a bipartisan team from the board would open the ballots and prepare them for machine scanning. Officials lined up approximately 16 workers at carefully staged positions on both sides of a long table, with Democrats observing Republicans and vice versa.

“We have here a bipartisan team,” Mohr explained to a crowd of campaign observers and reporters, asking Democrats and Republicans assigned to the counting table to raise their hands.

Erie County officials counted 5,588 absentee ballots, 1,454 affidavit ballots, and 433 emergency ballots, with McMurray picking up 3,279 votes and Collins 2,422.  There are more ballots to count but McMurray would need nearly all of the remaining his ballots to go his way in order to pull out a victory and that is statistically improbable.

Collins is expected to be sworn in for his fourth term in January even though he faces an ongoing investigation by the House Ethics Committee, will be in the minority party, serve on committees, and awaits a Federal trial on charges that he exchanged in securities fraud, wire fraud, and lied to the FBI about his role in an alleged scheme to illegally use corporate insider information to assist family and friends in dumping stock they owned in Innate Therapeutics. Collins served as a member of the board of directors of the Austrailian biotech company.

He was also once the company's second-largest shareholder but in a recent disclosure by the company, Collins isn't even listed among the top 20 shareholders.

At one time, Collins reportedly held 3.8 million shares of the company's stock.  

By law, members of Congress must disclose their stock trades within 30 days of the transaction.

On June 20, Collins sold between $15,000 and $50,000 shares of stock (as specific as he's required to be on the disclosure form).

On that date, Innate was trading at 28 cents a share.  If he sold $50,000 worth of shares, he sold less than 180,000 shares. It's unclear when and how he disposed of his other outstanding shares (which would have been enough to keep in the top 20 shareholders of Innate if he retained the shares).

In a news report about the stock disclosure, his campaign spokeswoman called these facts "fake news."

Collins is expected to go on trial for his insider trading charges in February 2020. He vows to beat the charges and continue to serve in Congress.

Submitted photos and press release:

CVMA 19-6 Broken Arrow chapter donated $1000 in gift cards to the VA PTSD Residential Programs on Monday (Nov. 19) at the Batavia VA. The gift cards to Walmart, Tops and Target will be used to enhance programming for veterans while at the facility.

It gives us so much joy to able to give back with all the help from the folks that contribute to “Vets helping Vets," an organizer said.

Thanks again to all our supporters!

Press release:

Holiday visits to older loved ones may raise questions about a person’s physical and cognitive health, especially if it’s been a while since the last visit. Although some change in cognitive ability can occur with age, memory problems that impact daily living are not a part of typical aging.

Recognizing the difference between typical aging and potentially more serious problems can help identify when it may be time to see a doctor.

The Alzheimer’s Association® Western New York Chapter is an excellent resource for those with questions about typical age-related memory lapses and indications of more serious cognitive impairment.

The Chapter offers free educational programs that include a discussion of the 10 Warning Signs:

• memory loss that disrupts daily life -- forgetting recently learned information, important dates or events;
• challenges in planning or solving problems, such as trouble following a familiar recipe; 
• difficulty completing familiar tasks, such as a budget or playing a favorite game;
• confusion with time or place, including losing track of the seasons;
• trouble understanding visual images and spatial relationships, including trouble reading or recognizing the face in the mirror;
• new problems with words in speaking or writing, including repetitive conversations;
• misplacing things and losing the ability to retrace steps, or accusing others of stealing items they can’t find;
• decreased or poor judgment, such as giving large amounts of money to telemarketers;
• withdrawal from work or social activities, or lack of interest in sports;
• changes in mood and personality that can include confusion, suspicion, depression, fear or anxiety.

Every year around the 2017 Thanksgiving holiday, the Alzheimer’s Association sees increases in calls to its 24-hour Helpline (800.272.3900), as people visit with friends and family they may not see as frequently during the year. That phone line is always staffed by trained experts, who provide confidential consultations around-the-clock, andthis holiday season will be no different.

Those with questions or concerns about memory lapses or behavioral changes in their loved ones will find compassionate people who can answer questions or listen to concerns at any time of the day or night through the long holiday weekend. Information can also be found online at www.alz.org/wny.

Experts from the WNY Chapter are also available to arrange private, in-person consultations via that same toll-free number: 800.272.3900.

About the Alzheimer’s Association
The Alzheimer's Association is the leading voluntary health organization in Alzheimer's care, support and research. Our mission is to eliminate Alzheimer's disease through the advancement of research; to provide and enhance care and support for all affected; and to reduce the risk of dementia through the promotion of brain health.

About the Western New York Chapter
The local Chapter provides programs, services and other resources for those living with dementia, their care partners, healthcare professionals and the public across eight counties: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming. You can learn more by calling (716) 626.0600 during traditional business hours or 24/7 at 1.800.272.3900 or visiting online at alz.org/WNY

Jason Eric Jones, 44, of Tracy Avenue, Batavia, is charged with introducing dangerous contraband into prison in the first degree and criminal possession of a controlled substance. Following an investigation at the GC Jail. Jones was arrested on the charges. It is alleged that while being in custody at the jail that he smuggled drugs into the facility with the intent to use them while incarcerated. He was arraigned in City Court, put in jail, and is due back in court at a later date. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Matthew Burgett.

Anthony James Demmer, 23, of Towne Place, Alabama, is charged with: DWI; operating a motor vehicle with a BAC of .08 percent or more; unsafe backing; and unlawful possession of marijuana. On Nov. 16 at 6:53  p.m., deputies responded to the 7-Elevent Store in Oakfield for a two-car property damage accident. Following an investigation, Demmer was arrested. He was issued appearance tickets and is due in Oakfield Town Court on Dec. 17. The case was handled by Genesee County Sheriff's deputies Erik Andre and John Baiocco.

Nicholas J. Barr, 36 of Hilton, was arrested at 10:15 a.m. on Nov. 16 by troopers of out the State Police barracks in Batavia and charged with: unlawful possession of marijuana; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; along with other vehicle and traffic infractions. Troopers stopped Barr on East Main Road in the Town of Le Roy for having an uninspected motor vehicle. While interviewing Barr the odor of marijuana was allegedly present. Barr was allegedly found to be in possession of marijuana in addition to several canisters of THC oil. Further investigation also revealed Barr was operating with a suspended New York State driver's license. Barr was arrested and transported to SP Batavia for processing. He was arraigned at the Town of Le Roy Court and put in Genesee County Jail in lieu of $750 cash/$3,000 bond.

Cassandra Joy Barto, 22, of Dodgeson Road, Alexander, is charged with unlawful possession of marijuana and having an obstructed driver's view. On Nov. 18 at 11:40 a.m., deputies stopped Barto's vehicle on Veterans Memorial Drive for vehicle and traffic law violations. She was arrested and issued appearance tickets for Town of Batavia Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Press release:

The City of Batavia Water Department is repairing a water main break on South Lyon Street. Water has been shut off for all of South Lyon Street.  City crews will make every effort to restore water as soon as possible. Please avoid South Lyon Street until repairs are complete. 

This could result in low water pressure condition for some residents. Other residents in the area may experience discolored water, which should return to normal once repairs are complete.

Residents should check to make sure water clarity has returned before resuming activities such as laundry, which may be impacted.

UPDATE 1 p.m.: The break is repaired and South Lyon has reopened.

A one-car accident is reported in the area of 5544 Clinton Street Road, just east of the CSX overpass, in Stafford, with a possible back injury.

The car was in a ditch and the driver was unable to open the doors but a chief who just arrived on scene said the patient has been extricated.

Stafford Fire dispatched along with Mercy EMS.

National Grid requested to the scene for a damaged utility pole 

UPDATE 8:39 a.m.: Stafford back in service.

File photo of Jim and Connie DiSalvos' property on Fargo Road, Stafford.

In a little more than 48 hours from now, the familiar and fantastic display of Christmas lights at the DiSalvos' property at 9180 Fargo Road in Stafford will blaze on after a year's hiatus.

In 2017, Jim and Connie took a break from the more than 20-year-old family tradition to take their grandkids to Disney World on a well-deserved holiday vacation.

And they vowed then they'd be back in 2018 bigger and better than ever. But thinking about it in the interim, they decided to change things up a bit, and concentrate more characters front and center at Swallowvale.

For the past few weeks, a team of helpers has removed the larger lighted characters altogether from the distant sides of their half mile of frontage road. These will be condensed -- three times the characters in half the space -- closer to the grand main house, built in 1842 with fieldstones and expanded in the 1950s.

"It's easier for us to maintain," Connie said. "We can just walk out front and not have to traipse up and down" on their 140+ acres.

Gone will be the 80-foot-long bleachers in a flat area that served as anchors for the scenic Alps and Village display and also all of the high-maintenance inflatables, which must be regularly "shaken" to keep snow from piling up on them.

Connie said they have given away the larger wooden structures, like the Alps and Village, which were labor-intensive, and found new home for them with neighbors. These also include the fireplace display and the gingerbread boy and girl. One of the display's new homes is on Shepard Road in Stafford.

The traditional of having Santa visit on Kids' Night (which was the second Tuesday night in December) has been passed, the DiSalvos said, to The Original Red Osier Landmark Restaurant, also in Stafford. The restaurant boasts its own stellar two-million-and-counting lights display during the holidays and a number of community give-back initiatives. Santa Claus will visit the Red Osier from 5 to 8 p.m. on two consecutive Mondays, Dec. 3 and 10. (Hot cocoa, Christmas cookies, roast beef sandwiches and more will be available to purchase from the outdoors food cart, and there will be horse and carriage rides.)

As ever at the DiSalvos, there will be the mind-boggling array of lights, with Christmas music piping out of speakers until 9 p.m. each evening, starting at 5-ish on Thanksgiving afternoon through sometime Jan. 2 of the new year.

Then everything is disassembled and the lights tested and boxed and put away for next year.

When it all starts over again, a team of five people will work 40 hours a week from mid-September until the big switch on Thanksgiving Day to make the magic happen.

"It's such a joy -- seeing people enjoy the displays, busloads of scouts, the elderly, children from the School for the Blind, the disabled," Connie said. "We've had many proposals take place here, and a couple of weddings."

One memorable proposal came when a serviceman dropped to bended knee by the wooden arch near the snowy driveway, and simultaneously plugged in an extension cord, which lit a sign that said "Abby will you marry me?" The bride said yes.

Another serviceman and his fiancee, who both visited Swallowvale as children at Christmastime, returned one year and asked permission to get married there.

A wedding was to take place by the stonewall in front when the weather became too inclement and the bride's dress was in danger of becoming muddy, so the DiSalvos invited the nuptial party inside. A roaring fire in the living room took off the chill and bottles of wine were brought up from the wine cellar so all could toast the bride and groom.

The sheer electrical spectacle that has made the DiSalvos' a regional must-see requires 30 boxes of extension cords -- about 500 them -- to plug everything together. Power is provided from five metered areas -- electrical services (each akin to the usage of one household) with about two miles of underground cables; with the efficiency of LED lights, two to three metered services will be used for less money.

Can't be cheap to operate. But as per usual, Jim DiSalvo won't say how much it costs, just looks at you directly and says something about a couple of mice running on a wheel to generate the juice.

Local law enforcement is backing a new proposed county law to more tightly regulate pawnbrokers but the draft legislation may have a spill-over impact on other local businesses.

At least one county legislator, Andrew Young, is opposed to passing the new law.

A public hearing on the proposed law has been set for 5:30 p.m. on Dec. 12 in the Old County Courthouse. (Download PDF of proposed local law).

The purpose of the law is to help local law enforcement find stolen property, recover stolen property, and apprehend the criminals who pilfer other people's property. 

“Basically, our interest in doing this is an interest in not only being able to prosecute people who steal this property and take it to pawn shops to be sold, but also making it possible to make things right for victims of these burglaries," said District Attorney Lawrence Friedman, who drafted the proposed law at the request of Sheriff's Office.

Friedman, as well as Undersheriff Gregory Walker and Chief Deputy Jerome Brewster, were clear however, there's really only one business in Genesee County that is the target of the law and that is Pawn King, 4140 Veterans Memorial Drive.

"I worked with Jerry from the start five years ago," Friedman said. "The request came from local law enforcement because of a problem primarily with residential burglaries and that proceeds from these burglaries were primarily going to pawn shops and primarily one local pawn shop," Friedman told members of the Public Service Committee at a meeting Monday.

The Legislature considered a similar law five years ago but after opposition from scrap metal dealers at a public hearing, where they raised concerns about the logistical difficulty in tracking where scrap metal came from, the proposed law lost support among legislators.

County Attorney Kevin Earl has modified the bill to remove regulation of scrap metal dealers.

During his presentation in support of the proposed law, Friedman recalled two recent incidents he said illustrates the need for the law.

If you read the local news, Friedman told legislators, you know about a recent incident where a suspect pulled into the driveway of County Manager Jay Gsell and allegedly threw a stolen gun from the car. That case is linked, Friedman said, to a recent string of burglaries in the area and one of the suspects allegedly used a fake ID to pawn stolen items at Pawn King.

"That's a big problem," Friedman said. "That's one example of something that goes on here on a regular basis."

Friedman also said the assistant district attorney for the Town of Batavia Court recently took an affidavit from a witness who said he saw a person wheel an entire shopping cart full of merchandise from Walmart to Pawn King across the street and pawn all of the items.

"That's the kind of thing we're dealing with," Friedman said.

Brewster said the proposed law would make his job, and the job of all local criminal investigators, easier.

"It will make it harder to get away with illegal activity and make it easier to prosecute those who are breaking the law," Brewster said.

Friedman said when he wrote the law five years ago, he patterned it after a law already passed in Monroe County as well as ones in other jurisdictions.

There are similar other laws in other jurisdictions, including other states, and some of them have run into legal challenges over the implication in the laws of warrantless searches, which violate the Fourth Amendment.

Under the terms of these laws, including the law proposed in Genesee County, police officers can enter the place of business of a secondhand dealer without notice and inspect the property and demand to inspect the mandated records kept by the business.

In California, GameStop is suing over a pawn shop law.

In this law journal article, the author says that in New York, courts have found, specifically in People v. Keta, that the state has a greater interest in stopping chop shops from trafficking in stolen parts than chop shop owners have a right to privacy. The Supreme Court has ruled that records inspections of closely regulated businesses, which includes pawn shops, are permissible.

However, Onondaga County paid a $15,000 settlement in 2015 after a court ruled his business was the victim of a warrantless search under that county's pawn shop law. Also in New York, a New York City law that required law enforcement inspections of pawn shop records was struck down by a judge there.

Last night, The Batavian emailed Friedman and Earl and asked them how these New York cases, which are more relevant than cases in other states, differ from the proposed local law and we haven't received a response.

Young said Cattaraugus County passed a similar law and later repealed it. We couldn't find any news coverage of such a repeal, but we did find a story about the City of Salamanca deciding to repeal its pawn shop law after local antique dealers objected to the law.

While the proposed law does target pawn shops, the definition of secondhand dealers includes any business, with a couple of exceptions, that acquires previously used items for the purpose of resale to the public.

This would seem to include antique dealers, junk dealers, non-charitable thrift stores and secondhand shops, and used record stores.

Exceptions are written into the law for clothing and books but no other items.

Jewelry stores and coin dealers with sales of less than 15 percent of sales from used items are also exempt from the law. Also exempt, antique dealers who sell exclusively at trade shows and licensed auctioneers.

The law also covers the resale of gift cards. This seems to apply to the resale of gift cards from other businesses, which is common in local businesses, such as Tops Market, Walmart, and Target, as well as The Batavian.

Earl told legislators those type of gift cards, even though they are acquired from the issuer for resale to a third party, are not covered by the law.

He quoted from Section 2, paragraph F:

"Secondhand Article" means any article or object, with the exception of clothing and books, that has previously been bought or sold at retail and/or which has been previously used and/or is not in a new condition.  This shall include any “gift card” .... 

Earl argued that the law only covers gift cards that are considered "used" even though once a gift card is used, it loses its value.

The purpose of including gift cards is to deal with criminals who shoplift from stores such as Walmart and then return the items. Since they don't have a receipt, they are given a gift card. Brewster said, for example, they might get a $100 gift card and then walk over to Pawn King and sell it for $50.

When questioned after the meeting about clarity on the gift card provision, Friedman reiterated it was not the intention of the law to cover gift cards sold by The Batavian or retail outlets such as Tops. He said it would be up to the Legislature to refine the law if they thought such clarity was necessary.

"I guess what I'm going to say is we drafted it as we thought was appropriate," Freidman said. "This is not the end. You know there's going to be a public hearing and everyone is going to have an opportunity to be heard about that. And presumably, there could be further refinements made to it just like we did after the last public hearing."

The law as proposed requires secondhand dealers to acquire a license. There is a $150 annual fee for the license. Licenses could be denied to anybody with a criminal conviction and potentially to businesses with employees who have criminal convictions for property crimes.

Secondhand dealers would be required to keep written records of all transactions -- both buying and selling -- in their shops as well as enter data into LeadsOnline, a private business that law enforcement can contract with to track the acquisition of used merchandise by dealers. LeadsOnline is free to participating businesses.

Dealers would be required to obtain photo identification of every person, and make a photocopy of the ID, of every seller or buyer of merchandise.

Section 12, paragraph B:

Prior to acquiring or disposing of any secondhand article covered by this local law, every Secondhand Dealer shall request Identification from the seller or purchaser and shall verify the identity of such individual by comparing the individual to the photographic image contained on said Identification. The Secondhand Dealer shall record the individual’s name, date of birth and address (or current address if different than that listed on the Identification), and the Identification number (e.g., motorist ID number) listed on the Identification. The Secondhand Dealer shall make a photocopy of the front of the Identification.

Failure to comply with the law is a Class B misdemeanor.

The law also covered dealers who transact business online, such as eBay resellers, if they're based in Genesee County.

It's not clear how online retailers would comply with the requirement to obtain a physical ID of buyers and sellers.

License dealers must also allow local law enforcement and code enforcement to inspect their place of business prior to receiving a license and at any time upon request once the license is issued.

Young made the point that many Web-based businesses operate out of the owners' homes and he asked if such owners would be expected to make their homes subject to inspection by law enforcement.

None of the advocates for the law provided an answer to the question.

Young compared the law to code enforcement and health inspection laws, which usually involve an appointment with the inspector.

"Not only is an appointment made," Young said, "the consequences are you're not serving the lunch next day. In this case, you go to jail."

Earl said, as a Class B misdemeanor, there is no jail term. It's more like a traffic ticket.

The proposed law was first discussed in the Public Service Committee. Young is not a member of the Public Service Committee but he was given an opportunity to voice his concerns.

The Public Service Committee unanimously recommended approving a public hearing on the proposed law.

The Ways and Means Committee met immediately after the first meeting. Young does serve on that committee and Ways and Means was also asked to vote on approval of a public hearing.

Young again raised objections to the proposed law, which prompted another discussion.

There isn't a need for the law, Young suggested, because Pawn King is already entering its transactions in LeadsOnline. Young said he spoke with the manager of the local Pawn King.

"It’s not true," Walker said. "He may say that but he’s not doing it."

During Public Service, Friedman hinted but didn't outright say, that Pawn King conducts some transactions after regular business hours.

Young voted no to send the proposed law to a public hearing. He thinks the bill should go back to the lawyers to clarify key points.

"There are too many unanswered questions," he said.

Chairwoman Marianne Clattenburg suggested that the bill could go to public hearing and the Legislature could then better determine how to amend the law after hearing from the public.

Ways and Means approved sending the proposed law to a public hearing on a 4-1 vote.

Much of Young's objection to the proposed law is that it creates a new regulatory scheme for businesses, which he thinks runs counter to the county's effort to try and attract new business.

"This is an unprecedented law in this county," Young said. "In this county, we don't have too many local laws and they've usually been reserved for things that are really important. Monroe County has a different governing body and they think differently than ours, but we're taking one of their laws and making it even more restrictive."

Young argued that the problem in Genesee County doesn't rise to the level of passing new laws.

Friedman said there is a pressing need for the law.

“I have to disagree with the statement that there is no problem here," Friedman said. "There is absolutely a problem here.”

Photo: Public Service Committee meeting.