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Art continues to be big part of curriculum in City Schools

By Howard B. Owens

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The Board of Education meeting Tuesday night included a department review from Amanda Antonucci, art teacher at Batavia High School.

Antonucci shared the art accomplishments and progress for Jackson, John Kennedy, Batavia Middle and Batavia High schools.

At the elementary level, first- and second-graders held their annual monster swap. The first-graders draw monsters and the second-graders re-draw them. She said the project is so popular the teachers are thinking of expanding it for next year to include middle school students, who will make monster sculptures from the drawings.

Jackson just held its annual Fine Arts Night, which gives the students a chance to see their art displayed as if in a gallery.

The middle school was engaged in several cross-curriculum projects, including students drawing their portraits with adjectives describing themselves instead of regular lines. They also looked at cells under a microscope and painted pictures of what they saw.

Once again, this year, on May 30 and 31, the middle school will hold its Human Rights Heroes project.

At the high school level, there were two new electives, both very popular: Digital Photography and Graphic Design.

The students also had a number of electives to choose from, including Drawing, Printmaking, Studio Design, Portfolio, and Sculpture.

"We have great electives," Antonucci said. "For a school our size, it is really outstanding. I really appreciate it."

One of the guest artists who visited the school this year was a 1969 graduate of BHS who is a sculptor.

A popular new activity was mARTch Madness. Antonucci said in March, all the kids can talk about is basketball so the teachers set up a bracket of 16 contemporary artists and the students discussed and debated their work.

"There was a lot of great commentary and discussion," Antonucci said. "We're going to do this forever now because it was such a big hit."

She encouraged her students to enter work into a 6x6 show in Rochester. Antonucci herself entered a solo show featuring portraits she painted of students; and she and student Sophia Dinehart entered a show just for an art teacher and an art student to share a gallery space.

BHS will host its Art Appreciation Night May 30.

Below are photos of student-created and painted murals that are being completed in the hallway of the district administration building.

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City Schools board recognizes outstanding achievements with monthly awards

By Howard B. Owens

The Board of Education for City Schools handed out their monthly awards to start last night's meeting. Below are pictures of the winners with write-ups supplied by the school district.

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Valle Jewelers invited Mrs. Torrey’s first-grade classroom to their store to further their study of gemstones and minerals in their History of the Earth Unit.

Students were able to see equipment discussed in lessons that jewelers use, find their birthstones and look at them under a microscope!

This was a hands-on way for first graders to learn and we appreciate Valle Jewelers for opening their doors to our students.  What a great experience for them! 

Photo: Stephen Valle, Pat Burk, Carrie Lawrence and her daughter, Sophia.

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Jaheim Dana had a rocky start to his high school career and did not earn enough credits to progress to the 10th grade. He struggled academically, lacked motivation, and even talked about dropping out of high school.

When students have to repeat the ninth grade, we often see them lose their desire to graduate, and we struggle to get them back on track to graduate on time. This was not the case with Jaheim.

Over the last year, we have seen him make an incredible transformation! He has passed every class, is planning to study Auto Technology at BOCES in his senior year, and is right on track to graduate in 2019 with his class.

He plans to enter the military after graduation. Mrs. Garner is continually impressed with Jaheim's ability to shut out negative peer pressure and keep his eye on his goal of graduation.

We are so proud of his accomplishments at BHS and can't wait to see him walk the stage next June!

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Lauren Leone is an extremely self-motivated, hard-working, and flexible graduating senior who can be depended upon to get a job done and done well.

At the beginning of this school year, she took the initiative to follow up on my invitation (given at the end of her junior year) to do some writing for the District’s A+ Community Newsletter.

She then proceeded to contribute a quality article, on time, for each issue. In addition, she was flexible in what she wrote about, giving equal care to a topic she generated on her own or one that was suggested to her. Throughout the year, she could be counted on to deliver what was needed by the deadline of when it was needed.

This was no small feat for someone who was also busy with so, so many other activities and responsibilities as a class officer, athlete, volunteer extraordinaire, as well as a dedicated student taking many demanding classes, including college-level courses, all while maintaining a grade-point average that puts her at the very top of her class.

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Riley Gonzalez works hard every day. He sets a great example of how other classmates should be and act.

He has been on GREEN or ABOVE every single month this year. This is over 130 days of EXCELLENT BEHAVIOR. Over 130 days of being respectful, responsible, safe and following all of the Whole Brain Teaching rules (following directions quickly, raising hand for permission to speak, participate, and leave seat, making smart choices, and making your teachers happy.)

Riley follows all of these, as well as being a polite, caring individual. We are proud to recognize his efforts.

Six Flags reacquires lease for Darien Lake Theme Park

By Howard B. Owens

Press release:

Six Flags Entertainment Corporation (NYSE:SIX), the world’s largest regional theme park company, today announced it has entered into a purchase agreement with affiliates of Premier Parks LLC to acquire the lease rights to operate five parks owned by EPR Properties (NYSE:EPR). The parks have previously been operated by Premier Parks LLC of Oklahoma City.

These latest acquisitions will expand the company’s portfolio of North American parks to 25.​

“Today’s announcement represents another milestone in our strategic North American growth initiative to seek out park acquisitions that expand our addressable market,” said Six Flags Chairman, CEO, and President, Jim Reid-Anderson.

“These are all fantastic properties that complement our existing portfolio and provide tremendous added value and cross-visitation opportunities for our extensive Membership and Season Pass base.”

The parks joining the Six Flags family are:

  • Wet 'n’ Wild Splashtown, Houston’s largest waterpark, with more than 48 lush acres and a wide selection of thrilling waterslides and attractions, along with two children’s areas;
  • Wet 'n’ Wild Phoenix, the largest waterpark in Arizona (located in the Adobe Dam Recreation Area), featuring 35 acres of high-speed slides and two pools, and also offering a Wet 'n’ Wild Jr. section with kid-friendly versions of some of the park’s most thrilling attractions;
  • Darien Lake near Buffalo, NY, a beautiful resort property located on approximately 1,000 acres that includes a theme park, waterpark, campground, hotel, and a 21,000-seat amphitheater;
  • Frontier City, an iconic part of the Oklahoma City landscape, is steeped in tradition. The park features a western theme and offers an extensive lineup of exciting rides, attractions, and shows geared to every member of the family; and
  • White Water Bay, near Oklahoma's Frontier City, a tropical oasis with more than 25 acres of waterslides, interactive water play areas, and pools.

Six Flags is the largest regional theme park operator in the world and upon closing of the transactions, will be the largest waterpark operator in North America.

With the addition of these five properties that entertained approximately two million guests in 2017, there will be an additional 20 million guests within a 100-mile radius of a Six Flags park, significantly expanding the company’s national footprint.

“We are thrilled to welcome these outstanding properties and employees into our family of parks and look forward to sharing the thrill of Six Flags with guests of all ages in these key markets,” added Reid-Anderson.

Closing of the transactions contemplated by the agreement is expected to occur in June and is subject to customary closing conditions.

DOE apparently trying to push patent claims with 1366 Technologies

By Howard B. Owens

While it still may be a long shot for 1366 Technologies to build its solar wafer manufacturing plant in Genesee County any time soon, there is apparently an ongoing conflict between the company and the Department of Energy. Some industry observers seem to think it could hinder the company's plans to build its first factory in Southeast Asia.

E&E News reported earlier this month that unnamed DOE sources say the agency is pushing patent claims. (See, also, PV Magazine.)

DOE officials believe the United States has a possible claim on 1366 technology tied to grants DOE had given the company over the past eight years. In a review of the 1366 product exclusion petition under the solar tariff, DOE said "it came to light" that the company also had patents not reported as part of its DOE funding process.

DOE and 1366 would not provide documents describing in detail the conditions attached to DOE's grants.

"The department takes seriously its responsibility to protect its intellectual property rights and the parties' obligations under funding agreements," said department press secretary Shaylyn Hynes.

Laureen Sanderson, spokesperson for 1366, wouldn't comment on the dispute except to say, "We are working with the DOE to resolve any misunderstanding."

In 2009, when the DOE was part of the Obama Administration, the department made a $150 million loan guarantee to 1366. That was apparently contingent on the company securing a U.S. site for manufacturing and raising $100 million in private financing. The company selected a site in Alabama's Science and Technology Advanced Manufacturing Park -- AKA the STAMP project -- (though a DOE spokesperson later denied 1366 had made such a selection) but fell about $10 million short as of the fall of 2017 in its private investment goal.

To what degree that was the real sticking point in negotiations is hard to say based on available information, but at the beginning of the year 1366 announced it was withdrawing its application for the loan guarantee and planning a factory in Southeast Asia.

The ongoing conflict with the DOE came to light when 1366 applied for an exemption for its component in a planned tariff on solar panels manufactured in China.

A DOE spokesperson contacted by The Batavian last week did not respond to a request for comment.

If 1366 were to shift focus again and seek to return to STAMP the company would, of course, be welcome, said Steve Hyde, CEO of Genesee County Economic Development Center. He said GCEDC has not been contacted by the company, however. If it did come to that, just because of the passage of time, there would need to be new negotiations.

"But I’m sure that things could be put in place that are very similar," Hyde said.

It's unclear, and 1366 isn't saying, how far along the company is with its Southeast Asia plant.

Child molester given Level 3 risk status at hearing Monday

By Billie Owens

A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

Man says three youths tried to rob him, possibly on Bank Street

By Howard B. Owens

A caller reports three youths approached him and tried a strong-arm robbery.

He may have a knife or he may have a baseball bat.

The youths apparently did not get anything from him.

The caller is unfamiliar with where he is and dispatchers are trying to clarify so they can direct officers to the location. He was eventually located on Summit Street.

He described the youths as black males, two wearing red shirts, one with a dog on a chain.

UPDATE 9:39 p.m.: The description is now two black males and one white male with a dog. They are believed eastbound from Summit Street. An officer who responded reports being with two individuals.

 

Dog missing from home in East Bethany

By Howard B. Owens

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Sam is missing. He is missing from the area of Route 20 and East Road in Bethany.

His family asks, "please return him, no questions asked."

If you see him, call (585) 356-0820 (Debbie) or (585) 356-0824 (Tom).

Property damaged at Red Osier, police would like to question man seen in photos

By Howard B. Owens

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The man in these photos is wanted for questioning in an incident at Red Osier Landmark Restaurant in Stafford yesterday at about 1:50 p.m.

At about the time these photos were taken sombody showed up at the restaurant who may have had a weapon and banged on doors and windows and caused some damage. That person is also believed to have smashed out the windshield in the white Corvette in the photos.

The man in the photos is believed to have been driving the gray car in the background of the bottom two photos.

Anyone with information that may assist in the investigation is asked to call the State Police at (585) 344-6200.

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Batavia artist spends more than a year painting portraits of residents at Premier Genesee

By Howard B. Owens

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It was a bigger project than he anticipated but artist Kevin Feary said he got a lot of enjoyment out of meeting a group of residents of the Premier Genesee Rehabilitation and Nursing Center in Batavia so he could paint their portraits.

"The original plan was 'I'm going to be able to do this in three or four months,' " Feary said. "Well, that was a joke because I couldn't."

He expected each portrait to take just a few hours. Some of them took 20 hours to complete and that didn't include the time spent getting to know his subjects.

"I came in to meet them, got to know them, even interviewed them, say a little bit, took some notes, because it is really good to know as much as you can about somebody to get their likeness," Feary said. "I think for me it's even more important to know something about you than to just look at you and try to paint your shapes. I know that I can get it to look like you, but I think that if I knew more about you I can get the essence of you."

When Feary isn't painting, and besides this project, he has carried on with his other art projects. He lives in Batavia and works in construction.

The idea for the project came to Feary while working on a committee at GO ART! to evaluate Ripple Grant applications. He said he found some of the ideas in the applications pretty mediocre and he thought he could do better and one day he told Heather Grant, staff at GO ART!, that maybe he should paint portraits of residents at the nursing home.

Then he kind of forgot about the idea until one day Heather Grant called him and asked if he wanted to apply for a Ripple Grant himself to paint those portraits. He hesitated.

"I thought, 'am I ready for this?' Is this something I can really actually go do?' "

Then he said yes and asked about the deadline.

"Tomorrow."

"I don't know how it goes with most artists but for me, I'm not the flamboyant Picasso, 'I am the greatest,' " he said. "I second guess myself all the time. So I didn't want to say yes I could do something that I didn't know if I could pull off. So I said, 'Well, OK, yeah, I'll apply.' "

When Feary started on the project, staff directed him to the memory unit.

"I came in a couple of times without even thinking about painting," Feary said. "(I came in) just to get to know some people. I remember coming in and Cindy -- I don't remember her last name -- was the aide there. This woman had a heart of gold. You could see a great patience in her. There is a lot to learn just from watching her and the residents. They all seemed pretty happy. I mean, they really seemed happy.

"I would go in one day and play crazy (eights) with them," he continued. "That was the big game that we played and then maybe have a snack. They would figure out who I was going to paint and then I would come in the next day and they would be a huge table playing crazy eights and I would be in the next room over and somebody was in a chair while I painted."

When he started meeting with residents of the nursing home, some at first were eager to get their portrait painted. Some changed their minds when it came right down to it. And some were wary of the whole idea altogether.

"It's amazing that some of them were, you know, afraid, or apprehensive at least, to have this done for whatever the reasons are," Feary said.

The project got interrupted when Feary had to take a break for medical reasons. When he got back, the first portrait he did wasn't of the person he was scheduled to paint because she changed her mind.

So, Feary just hung out for awhile and as he sat next to one of the residents, Cindy came up and asked her if she would like her portrait painted.

"She goes, 'how much is it going to cost?' " Feary recalled. Cindy told her it is free. "You don't have to pay anything," so the woman replys, "Can we start right now?"

Feary thought, "Great, I've already blown an hour."

After working on the portrait until it was nearly finished, it was time for him to leave, so he showed it to this woman.

Her disappointment was obvious.

"Well I'm just scornful," she said.

"I felt so bad," Feary said. "That's not why I'm here. I thought to myself, 'that's not what this is about. I can't let that happen again."

After that, Feary would only do a preliminary painting, just one color, while in the home, and then he would take a photo back to his studio and finish the portrait there.

Feary is an experienced, accomplished, award-winning artist, but that doesn't mean there still aren't things to learn and the nursing home project proved also to be a great learning experience. For those who view the portraits in the order he painted them, the progress in how he handled light is apparent.

That is one of the reasons Feary took on the project, to make and see that kind of progress.

Above, he's holding one of the final paintings, of Agnes, and nearly everybody picks it out as their favorite of the collection.

"The thing with her is I could see she was genuinely kind and she just had, you could just feel, the happiness about her," Feary said.

The idea for the project, as Feary said, popped into his head while judging Ripple Grants. That process could have sparked a lot of ideas, so when asked why portraits and the nursing home, Feary said, I don't know where it came from. I don't have a good answer for that."

He said he just thought it would be good for the residents of the nursing home.

"I know that a lot of these people don't get visitors," Feary said. "So I thought that I want to bring a little joy or happiness to these people. That was kind of the idea for the project. Then, also, for them to have a keepsake or the family to have a keepsake."

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Photos by Howard Owens except for bottom photo, which was submitted by Premier Genesee.

Accident reported on 490 in Bergen

By Howard B. Owens

A car vs. tree accident is reported on I-490 in the area of mile marker 2.6 in Bergen, believed to be with minor injuries.

Bergen fire and ambulance along with Le Roy fire responding.

UPDATE 4:35 p.m.: Patient is extricated.

UPDATE 4:43 p.m.: Fire units back in service.

Plenty of honors in store for veterans and fallen heroes on Memorial Day

By Billie Owens

Here's the roundup of parades and ceremonies in Genesee County for Memorial Day on Monday, May 28, from William R. Joyce, director of the Genesee County Veterans Service Agency.

2018 MEMORIAL DAY PARADES and/or CEREMONIES

  • City of BATAVIA: Parade starting at 9:45 a.m. beginning at the Eastown Plaza, traveling west along Main Street to Alva Place.
  • BERGEN: Parade at 9 a.m. beginning at the Fire Hall (Routes 19 & Hunter Street), traveling south on Route 19 to Hickory Park, with ceremony to take place at the park immediately following the parade.

  • ELBA: Ceremony at Maple Lawn Cemetery at 10 a.m. No parade. The Elba Historical Society Museum will be open for tours after the ceremony.

  • ALEXANDER: Parade begins at 10:30 a.m. at the Alexander High School and travels to the cemetery on Railroad Avenue with a ceremony to take place at the cemetery following the parade.

  • LE ROY: Parade at 10:30 a.m. from the American Legion to Trigon Park with a ceremony at Trigon Park at 11 a.m. following the parade.

  • BYRON: Parade at 11 a.m. from Terry Street to Swamp Road, with a ceremony immediately following at Byron Cemetery.

  • OAKFIELD: Parade at 11 a.m. from the Oakfield Fire Department to Triangle Park, with ceremony to be held at Triangle Park.

  • CORFU: Parade at 12 p.m. from Corfu Fire Hall on Route 33 to the Intermediate School on Route 77. Ceremony immediately following the parade.

***No parades/ceremonies for the following:

Alabama / Bethany / Darien / Pavilion / Pembroke / Stafford

  • 7 a.m. --- Genesee County Park – Vietnam Veterans Memorial (VVA#193)
  • 8 a.m. --- Williams Park World War I Memorial (wreath laying, rifle salute & Taps)
  • 8:30 a.m. --- Batavia VA Medical Center
  • 8:45 a.m. --- NYS Veterans Home
  • 9:30 a.m. --- Harvester Avenue Plot (wreath laying, rifle salute & Taps)
  • 10 a.m. --- Upton Monument (wreath laying, rifle salute & Taps)
  • 10:30 a.m. --- UMMC – Jerome Center – (Invocation; National Anthem w/ Batavia Concert Band; G.A.R. Order of the Day; Veterans Service Organizations Commemorations; Wreath Laying w/ Gold Star Mothers; Honor Roll w/ drum roll; Rifle Salute; Taps; Benediction; “God Bless America”)
  • 11:30 a.m. --- Glenn S. Loomis Grave – Elmwood Cemetery (Legion #193)
  • 12 p.m. --- Hansen Bros. Grave – Grandview Cemetery (MCL #951)

PARTICIPATING ORGANIZATIONS

Hansen Brothers Marine Corps League Detachment #951

Glenn S. Loomis American Legion Post #332

Veness-Strollo Veterans of Foreign Wars Post #1602

Disabled American Veterans Chapter #166

Vietnam Veterans of America Chapter #193

Sons of the Union Veterans – Abraham Lincoln Camp 6

DWI enforcement details planned for Memorial Day Weekend

By Howard B. Owens

Press release:

Genesee County STOP DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crack down on impaired driving.

The statewide STOP-DWI Crackdown efforts start on May 25th and will end on May 29th.

Memorial Day is one of the busiest travel holidays of the year and marks the official start of summer. New York State Police, County Sheriffs and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to reduce the number of impaired driving-related injuries and deaths.

Memorial Day marks the beginning of the summer season. Genesee County Sheriff’s Office DWI enforcement patrols will be out in full force throughout the upcoming Memorial Day weekend in an effort to secure the safety of the community, said Sheriff William A. Sheron Jr.

“Memorial Day is a great time to spend with friends and family,” says Chief Shawn Heubusch. “All are encouraged to enjoy the holiday responsibly. If you must travel be sure to not do so under the influence of alcohol or drugs.

"We all must do our part to keep our roadways safe during this holiday, law enforcement will be doing its part by arresting those impaired or intoxicated drivers.”

The STOP-DWI Memorial Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the STOP-DWI Foundation courtesy of the Governor’s Traffic Safety Committee.

The Statewide STOP-DWI Crackdown Campaign also targets the 4th of July, Labor Day, Halloween, Thanksgiving, Holiday Season, Super Bowl weekend and St. Patrick’s Day.

Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

You can help to make a difference by Having a Sober Plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home www.stopdwi.org/mobileapp. Impaired driving is completely preventable. All it takes is a little planning.

Empire Access expands broadband network with acquisition of Axcess Ontario

By Howard B. Owens

Press release:

Empire Access, a leading telecommunications service provider based in the Finger Lakes region of New York, today announced the completion of its acquisition of Axcess Ontario.

Through this acquisition, Empire Access adds over 200 miles of fiber optic network to its existing multi-county network infrastructure. Empire plans to accelerate its expansion of fiber optic service in Ontario County with this newly acquired network.

“We’re excited to announce that we have finalized the acquisition of the Axcess Ontario network,” said Jim Baase, COO of Empire Access. “This allows us to offer our industry-leading Fiber Optic Gigabit Internet, phone and security to homes and businesses throughout Ontario County.”

The Axcess Ontario fiber ring is a 200-plus-mile open-access fiber-optic network in Ontario County in Upstate New York. Since 2005, Axcess Ontario has built and maintained a robust open-access fiber-optic network infrastructure within Ontario County.

The open-access network provides advanced connectivity for telecommunications. The Axcess Ontario fiber ring has been recognized as a national broadband model and is the epitome of 21st-century public infrastructure.

"Empire Access is a family-owned and operated company, and our goal is to continue Axcess Ontario’s original mission of providing cutting-edge communications services to the local communities,” Baase said.

Empire Access currently offers residential and business fiber optic services in Ontario County's Village of Naples, along with a wide array of fiber optic business services in the cities of Canandaigua and Geneva, the Village of Victor, and Honeoye.

The company will expand residential and business service to surrounding communities in the upcoming months and offer fiber optic high-speed Internet, phone and security solutions to residential and business customers within Ontario County.

Teenage Highland Park assailant gets one to three years in prison

By Billie Owens

Lionel J. Anderson Jr. got some bad news and some good news in Genesee County Court this morning. Judge Charles Zambito sentenced the 16-year-old to an indeterminate state prison sentence of one to three years. But the judge also vacated his felony conviction on attempted second-degree assault, a non-violent Class E felony, and granted him youthful offender status.

That means his record in this matter will be sealed.

The judge could have sentenced Lionel up to four years under the terms of a plea agreement in this case.

He has served 160 days so far; with good behavior, he could get out in a little over six months -- before the end of the year.

In making the decision, Zambito said it serves the interests of justice, protects the community, and gets Lionel some help.

The Oklahoma native will serve time for his role in an altercation on Highland Park, Batavia, on the evening of Nov. 28. His 13-year-old victim was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

He has remained in custody since the incident; his bail was $25,000.

Since his last court appearance, in April, a pre-sentencing report was completed, and attorneys on both side as well as the judge had read it in preparation for today.

Before sentencing, Assistant District Attorney Kevin Finnell told the court even though Lionel is young, he has amassed "a pile of history" in the last few months.

"He is in desparate need of services; he continues to use drugs; he behaves inappropriately at school," Finnell said. "He is a threat to society. He is a violent aggressor."

Thus, Finnell said the defendant should not be considered eligible for youthful offender status.

"It is fortunate that the victim in this case was not more harmed" as a result of Lionel's actions, Finnell said.

Public defender Michael Locicero said Lionel is utterly lacking in family support. No mention was made of his mother or her whereabouts. His father is incarcerated and his grandfather moved out of the area. He has been moved around a lot throughout his young life.

"He has had a tough go of it," Locicero said.

As for the altercation, Locicero noted that there were several individuals involved and Lionel "has taken responsibility for his part."

Locicero then asked the judge to consider granting his client youthful offender status and to sentence him to local jail or intermittant incarceration (weekends).

He cautioned Zambito that it would be "a mistake not to consider other factors" in Lionel's life that have shaped and influenced him.

When asked if he had anything to say on his own behalf, Lionel said clearly "No, sir." He was quiet and composed throughout the proceeding.

Judge Zambito said the report by the probation department deemed the defendant to be at the greatest risk; he has nowhere to go, no home to go home to. He was on probation at the time of his criminal act and was not doing well -- well beforehand. He noted the youth's prior history involves violence.

But despite his run-in with authorities, including at school, law enforcement and Family Court, Zambito noted this was his first criminal conviction and that it stemmed from a verbal argument involving several people that escalated. 

"He was not the primary aggressor," Zambito said about the incident, as documented in the probation department report. "He came to the aid of a friend. Whether this was a 'youthful indescretion' (as argued by the defense counsel) is debatable."

Wielding a belt, not inherently a weapon, was unusual, the judge said.

"You need to get some counseling," in order to figure out why you behave as you do, Zambito told the teen.

The defendant is not to possess guns. He has to pay $325 in fees/fines but does not have to submit to the DNA database because of his newly minted youthful offender status.

An order of protection is place for the victim until May 21, 2026.

Mercy Flight celebrates opening new EMS facility in Batavia

By Howard B. Owens

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The dedication and ribbon cutting for the new Mercy EMS headquarters on Call Road, off of Route 98, in Batavia, was more than just a celebration of the new facility. It was an expression of gratitude for the Mercy Flight/EMS staff and chance to honor Mercy's cofounder, Doug Baker.

A plaque honoring Baker, pictured above, will be placed on the new building.

For his part, Baker thanked the Genesee County community for entrusting its emergency medical transport services to Mercy EMS and Mercy Flight.

"I'm here to you say thank you for the confidence and courtesy of the acceptance we've had in this community," Baker said. "From the governmental agencies, from the fire and the police, from the hospital, and from the whole community at large. And last but not least certainly the employees. We're very very lucky. Don't think we take it for granted. It's pretty special."

Mercy Flight became Baker's vision in 1981 and he, along with Sister Sheila Marie Walsh, Dr. Matthew Burke, and Dr. James Ehinger, came together to create Mercy Flight that year. It became the first helicopter emergency transport service in New York. The first helicopter based in Batavia was in 2006. In 2006, Mercy EMS became the designated ambulance service for the county.

Since then, the ambulance crew has operated from cramped quarters in the former St. Jerome's Hospital on Bank Street. The new facility not only gives them more space, it will offer better space for training and for eating and resting between calls, especially on long 12- and 24-hour shifts.

Bob Bausch, chairman of the Genesee County Legislature, was among those who congratulated Mercy Flight on its new facility.

"It's a true symbol of your commitment to the residents of Genesee County but more importantly thank you for what you offer day in day out," Bausch said. "You provided an exceptional level of service and this new facility will only enhance those services."

The dedication prayer was offered by Pastor Dan Dart, who noted Mercy EMS came to his aid once and he got to ride in "the whirlybird." He thanked the staff for their dedication to the health and safety of our community.

"Personally, then, on the receiving end, I say, 'Oh wow, I say thank you to all these folks for this building,' " Dart said. "It's going to help facilitate these folks to do the work that they do much more efficiently. It's a great, practical building -- all throughout, just amazing."

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Doug Baker

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Pastor Dan Dart.

Genesee County Courthouse phone numbers will change on June 1

By Billie Owens

Press release:

Please be advised that the Courts and Commissioner of Jurors Office in the Genesee County Courts Facility (1 W. Main St., Batavia) will be converting to the New York State Court’s IP phone system on Friday, June 1, at which time their phone numbers will change.

The new main number for each Court is listed below:

Genesee County Courts Facility – main number

(585) 201-5715

Genesee County Supreme Court

(585) 201-5728

Genesee County Court

(585) 201-5731

Genesee County Surrogate’s Court

(585) 201-5733

Genesee County Family Court

(585) 201-5717

Genesee Commissioner of Jurors Office

 

(585) 201-5719

Batavia City Court

 

(585) 201-5764

 

This information will also be posted on the Eighth Judicial District's website, which can be accessed here and the Genesee County Court’s Web page here.

If you have any questions please feel free to contact my office at your convenience and we will endeavor to assist you.

NYS Unified Court System

Eighth Judicial District

District Executive Andrew B. Isenberg

(716) 845-2506 

Assemblyman Hawley announces 11th annual Patriot Trip to Washington, D.C., Sept. 20-23

By Billie Owens

Assemblyman Steve Hawley (R,C,I-Batavia)[center] poses with veterans of the Air Force at a memorial honoring Air Force veterans during last year’s Patriot Trip to Washington, D.C.  

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that his 11thannual Patriot Trip to Washington, D.C., will take place Sept. 20 – 23.

More than 100 veterans and their family members participated in the 2017 trip, which included stories of valiant service members and valuable time spent together reflecting on the courage and dedication exhibited by our nation’s veterans.

Hawley is a longtime supporter of veterans and has served on the Assembly Veterans’ Affairs Committee since 2006.

Only veterans who have never been on the trip before may sign up now. After Aug. 1, veterans who have been on the trip before and those living outside of the 139thAssembly District may apply. The approximate cost of the trip is $400, which includes meals, transportation and admission to the memorials.

“The Patriot Trip is one of my favorite events throughout the year,” Hawley said. “This trip was inspired by Mike Paduzak, a World War Two veteran, who asked me to come together with local veterans and host a trip to Washington D.C.

“Through the experiences of my father, veterans I have met during previous year’s trips, and my own service in the military, I have gained a tremendous understanding and admiration for the sacrifices endured by our veterans. It is for these reasons that I continue the Patriot Trip each year and have solidified it as one of the staples of my service to our community.”

Attractions Hawley plans to visit this year on the trip include:

  • White House
  • U.S. Capitol
  • World War II Memorial
  • Gettysburg
  • Korean War Memorial
  • Vietnam War Memorial
  • Iwo Jima – The Marine Corps Memorial
  • American Veterans Disabled for Life Memorial
  • Air Force Memorial
  • 9/11 Memorial at the Pentagon
  • Arlington National Cemetery, including the Changing of the Guard
  • Wreath Laying at the Tomb of the Unknown Soldier

If you or a veteran you know want more information about this year’s Patriot Trip XI, please call 585-589-5780 or emailcarneyj@nyassembly.gov.

To view photos from previous years, use the following link: http://vetsdctrip2008.shutterfly.com/

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