Press release:

The Batavia Police Department, along with the Genesee County Sheriff’s Office, Genesee County Probation, Le Roy Police Department and the New York State Troopers – Troop A, would like to thank Dave Lumberg, Owner/Operator of Tim Horton’s (20 Main St.) for their daily donation of fresh, hot, coffee to our officers and instructors during the last two weeks of Active Threat Training, which is concluding today. The added level of convenience aided in the productivity of the training.

Press release:

This week, Facebook CEO Mark Zuckerberg, appeared before Congress where lawmakers took turns asking how (and if) Facebook respects our privacy. One Congressman, however, seemed less concerned about privacy and more concerned about using his seat to make another rich friend.

Chris Collins said, after hearing his fellow members of Congress interrogate Zuckerberg, "I sincerely know in my heart that you do believe in keeping all ideas equal. You may vote a certain way or not, but that doesn't matter."

Reacting to that response, Collin’s Congressional opponent Nate McMurray says, “In his heart? His heart? No one cares about his heart. We care about what’s in his servers. That company collects and searches every little detail of our lives. And we know that this data has been used for malicious purposes.”

McMurray further adds, “I’ve been to Facebook's headquarters. It’s an amazing company, with great power. And that's the point. We need to understand how that power is used and whether it is being manipulated. Collins, once again, failed to do his job. Indeed, it seems Collins was more worried about control and manipulation than about Facebook's actions."

Press release:

The Batavia “Babes on Blades” women’s senior hockey team finished off a strong season this year by competing in and winning the local annual Scottsville women’s senior hockey tournament last weekend.

In the first game, the Babes were down 5 to 3 in the second period before rallying to win 7 to 6. The second game against the host Scottsville team was a defensive battle with the Babes scoring the first goal of the game with 3 minutes left in the third period. The Babes scored an open net goal at the end of the game for a 2 to 0 win. In the third game, the Babes team’s offense exploded for 9 goals in a 9 to 2 win over Brockport.

The championship game ended up with a rematch against the host Scottsville team again. the Babes team scored early in the game and were able to maintain the lead throughout the hard-fought game for a 4 to 2 win.

Press release:

The Class-A Short-Season New York-Penn League and its member clubs are proud to announce that the league's philanthropic arm, the NYPL Charitable Foundation, will once again award more than $10,000 in scholarships this summer to deserving high school graduates from the league's 14 markets.

Now in its 10th year, the 2018 NYPL Scholarship Contest is open to any graduating senior from a public or private high school within the league's footprint. Any student who has been accepted at a two- or four-year college or university, vocational school, or technical education institution is eligible.

Applicants will be judged based on academic performance, volunteer and extracurricular activities, and the impact their local NYPL club and Minor League Baseball have had on their lives.

The scholarship contest will consist of two stages -- a local round and a league round. In the local stage, students will apply directly to their local NYPL team, with one applicant chosen by each of the 14 teams to advance to the league/final round. The 14 finalists will then be judged by league representatives.

Three applicants will be selected to receive the top prize of a $2,500 scholarship. All other finalists will receive a $250 book award.

“The New York-Penn League Charitable Foundation and our 14 member clubs are pleased to have the opportunity to assist outstanding high school seniors within our league’s footprint for the tenth consecutive season,” said Ben J. Hayes, president of the New York-Penn League.

“This program will again recognize those seniors who not only meet and exceed traditional scholarship criteria, but demonstrate the positive community impact and lifelong memories fostered by their local NYPL clubs throughout the year.”

High school seniors interested in entering the 2018 Scholarship Contest can obtain the official application from their local NYPL club, or by visiting the league's official website, NewYork-PennLeague.com.

The deadline to submit applications to the nearest NYPL team is June 4. Each club's winner, including the three $2,500 scholarship recipients, will be selected in mid-July.

Press release:

The Batavia Development Corporation accepted the resignation of Julie Pacatte, economic development director in charge of economic development for the City of Batavia. Pacatte has accepted a position for a private-sector employer located in New York’s Capital District Region. 

“To say that she will be missed is an understatement, Ms. Pacatte was instrumental in a number of initiatives to improve the economic environment in Batavia,” said Pierluigi Cipollone, president of the Batavia Development Corporation. “She has advanced economic development in the city to new levels and facilitated more than $30 million in pledged investment into the city."

Pacatte was successful in leading the way to develop the Batavia Pathway to Prosperity (BP2), a first in the state PILOT Increment Financing (PIF) district that diverts new PILOT payments from three tax jurisdictions (City, School, and County) to develop the most blighted and impoverished areas of the city.

The program was developed following the city’s success in creating the Brownfield Opportunity Area and identifying sites primed for investment. These efforts lead to the attraction of $20 million investment pledge by Savarino Companies at the Ellicott Station brownfield site. 

Pacatte led efforts to craft the successful $10 million Downtown Redevelopment Initiative (DRI) application, was the driving force behind the BDC’s Public-Private Partnership, the freshLab restaurant incubator, as well as an administrator for loans and grants to aid new and existing businesses in the city.

She has helped bring the BDC to solid ground and advance our mission of new economic opportunities in the city of Batavia. The BDC still has much to do and will continue to work in the city helping small businesses, ensuring that the Savarino project can break ground this summer, working to advance development at Creek Park, assisting DRI project winners and working with all economic development partners in county and across the region. 

“Thank you, Ms. Pacatte for your passionate efforts to make Batavia a better place to work, live and play and I wish you continued success in your future pursuits,” Cipollone said.

Press release:

Congressman Chris Collins (NY-27) and Congressman Matt Cartwright (PA-17) today introduced The Fairness to Pet Owners Act. This legislation would save pet owners money by allowing them the freedom to choose where they buy prescription pet medications.

Currently, pet owners must ask for a written prescription from their veterinarian for medications. Most consumers do not realize they have the right to request a written prescription in order to shop around and find the prescription at a lower cost. This bill ensures that pet owners receive a written script, either on paper or electronically, which gives more power to the consumer to choose where to purchase their pet’s prescription.

“When it comes to eyeglasses or contacts, consumers receive a copy of their prescription and are able to do the research to find the lowest price,” Collins said. “As a pet owner myself, I know that most owners will do anything to keep their pets happy and healthy, although these expenses do add up. There is no reason that pet owners shouldn’t have the flexibility to shop around to see if they can save some money.”

“As a dog owner, I know how much of an investment it is to have a pet,” Cartwright said. “This bipartisan legislation is a simple, yet important step in giving pet owners the flexibility they need to save money and keep their animals healthy.”

“PetSmart is pleased Congressman Chris Collins and Congressman Matt Cartwright have reintroduced the Fairness to Pet Owners Act,” said Kathy Mitchell, senior director, Government Affairs at PetSmart. “We believe the benefits of pet ownership should be accessible to all Americans.

"Helping to lower the cost of caring for a pet is a fundamental part of ensuring everyone can experience the joys of pet ownership. Giving pet owners the ability to take prescriptions to their preferred pharmacy will help achieve this goal.”

Robert D. Atkinson, president, Information Technology and Innovation Foundation, said: “Just as the Contact Lens Prescription Release Act gave contact lens wearers the right to receive a copy of their prescription so they had the choice as to where to purchase their lens, the Fairness to Pet Owners Act will give pet owners the right to choose where to purchase pet medication. This legislation is pro-consumer and pro-competition.”

This issue impacts most American families, 65 percent of households in the United States own at least one pet spending a total of approximately $10 billion on pet medications each year. Pet medications are a significant and frequent expense, with 77 percent of all dogs taking some sort of medication.

This legislation has the potential to create competition in the marketplace leading to lower costs for consumers. Additionally, consumers will have more flexibility to purchase generic medications or have them filled online or at big box pharmacies, which are oftentimes cheaper. For example, a common heartworm tablet given once a month to dogs is sold for about $61 at a veterinary clinic but a generic version retails for only $42, saving a pet owner more than $200 per year.

Press release:

At the Batavia City School District Board of Education meeting on April 10, several students, staff members and volunteers were presented with awards by Board of Education president Patrick Burk for their exemplary work and contributions.

In recognition of the positive example she provides, Gabriella Smith was presented with an Outstanding Student Award.

She was nominated by kindergarten teacher Debra Wolff, who wrote, “Gabby is a quiet, confident leader in our class. She is respectful, responsible, and safe without needing to be reminded. She is a very kind and caring friend who always makes sure to include others.

"Gabby always has a smile on her face, which makes everyone's day brighter. We can always count on her to be setting a very positive example of what a good listener and what being a good friend look like.”

In recognition of her enthusiasm and hard work, Daisylynn Bastedo was presented with an Outstanding Student Award.

She was nominated by pre-kindergarten teacher Emily Giuliano, and teacher aide Nancy Okoniewski.

Mrs. Giuliano wrote, “Daisylynn is a perfect example of a kind, caring, polite, and hard-working student. She always comes to school with a smile on her face and looks forward to greeting her teachers. Daisy consistently makes good choices in all parts of the school day.

"She shows an enthusiasm for learning and tackles new challenges seriously and with a positive attitude. We can always count on Daisy to be polite and respectful in and out of the classroom. She is always willing to help a classmate, whether it is during an activity or zipping up their coat at the end of the day. Daisy has made so much growth this year."

In recognition of her infectious enthusiasm and dedication, Nancy Okoniewski was presented with an Outstanding Staff Award.

She was nominated by pre-kindergarten teacher Emily Giuliano, who wrote, “Mrs. Okoniewski has been working for the District for over 18 years at both the High School and the Middle School but has found her calling at Jackson Primary. She has been the UPK teacher aide (in Mrs. Giuliano's UPK classroom) since the start of the program in 2007.

"Mrs. Okoniewski wears a smile on her face each and every day. She has a very bubbly and friendly personality and you may catch her singing to the children as well as the adults. She makes people laugh and feel happy right along with her. She is a hard worker who goes above and beyond her duties as a teacher aide.

"She is also a bus monitor and rides the bus home with the kids to make sure they get home safe. She is the Batavia Clerical Association building representative at Jackson Primary and continues to put in hours of work outside of her normal workday by attending union and BCA meetings. Mrs. Okoniewski is a very special person who is thoughtful, kind and always willing to help others.

In recognition of their continued dedication to our students, Barbara Holder and Paula Wortzman were each presented with an Outstanding Community Member Award.

They were nominated by first-grade teacher Jessica Torrey, who wrote, “Since their retirement from the District, Barbara Holder and Paula Wortzman have devoted countless hours to the students in the first-grade classroom at Jackson Primary.

"Many students over the years have been so lucky to share their first-grade experience with these two ladies. They are kind, loving, and offer a wealth of knowledge in working with our young population. Their hard work and dedication is very much appreciated.”

Press release:

After months of walking petitions and knocking on doors throughout New York's 27th Congressional District, the Collins for Congress campaign has announced they have filed 9,017 petition signatures to qualify for the Republican, Conservative, and Independence Party ballot lines in November.

"First and foremost, I want to thank all of our tremendous volunteers for braving the cold weather and devoting their personal time over the last few months to collecting petition signatures for our campaign," Congressman Chris Collins said.

"After working with President Trump to protect our shorelines, help create more jobs in Western New York and defend our constitutional freedoms, our filing proves that our efforts are resonating all across New York's 27th Congressional District.

"While I'm proud to have qualified for the Republican, Conservative, and Independence Party ballot lines, I am going to continue fighting for the support of every NY-27 resident."

Among the 9017 in total petition signatures submitted to the New York State Board of Elections, Congressman Collins has filed the following number of signatures for each Party Ballot line:
- Republican: 6,182
- Conservative: 1,197
- Independence: 1,638

"Whether it's defending President Trump against partisan attacks, standing up for our Second Amendment rights, or helping to create more jobs in Erie County, Congressman Collins has proved time and time again he's the leader we need in Congress," said Nick Langworthy, chairman of the Erie County Republican Committee.

"Working families in Erie County know Congressman Collins will always fight for our values in Washington. We're proud to support his reelection campaign."

Ellen Grant, chairwoman of the Wyoming County Republican Committee, said: "The members of the Wyoming County Republican Committee are committed to supporting Congressman Collins in his reelection campaign.

"He understands the diverse issues that concern the residents of our county and has a strong voice in Washington. We appreciate all of his efforts on our behalf and look forward to working with him for years to come."

Jason J. McGuire, chairman of the Livingston County Conservative Party, said: "Livingston County Conservatives appreciate the attentiveness that Rep. Chris Collins has shown to local issues. Our meetings with Mr. Collins have demonstrated that he has a firm grasp of the issues pertinent to our region.

"His record of representation has thus earned him another term, and our party is pleased to assist in putting his name on the ballot. We look forward to Livingston County's continued relationship with our congressman."

Ralph C. Lorigo, chairman of the Erie County Conservative Party, said:"The Erie County Conservative Party is proud to be 100 percent behind our Congressman, Chris Collins. He knows Erie County…he knows his constituents and he is a fighter to return our country to one of lesser governmental interference and greater process prosperity."

Are local newspapers closing across the country a threat to democracy?

The Rural Blog: Decline in local reporters hurts journalism, democracy and communities, say founders of nonprofit reporting project

With police sharing few details, it's still not clear what led to a deadly confrontation between a 61-year-old Albion man and a Sheriff's deputy outside of the Log Cabin Restaurant last night.

According to sources, Keith Kent may have gotten into some type of argument after stopping at the restaurant for dinner while on his way home. The argument may have become physical and he may have been hit.

It's unclear what happened next, but a source said employees ushered themselves and customers into the basement once the disturbance started.

According to Undersheriff Gregory Walker, Kent was confronted by officers outside the restaurant at about 11 p.m. after receiving reports of shots fired. Walker said when officers first arrived on scene, Kent fired a shot. It's unknown what if anything he was aiming at. Officers, according to Walker, shouted commands at Kent but he did not obey them. When he turned toward a deputy and appeared to point his handgun at the deputy; the deputy fired at least one round that struck Kent and killed him.

Kent owned a logging business in Albion, Jordan River Logging, on Route 31A. According to news reports going back to the early 2000s, Kent was involved in disputes related to his business.

Orleans Hub reported today that Kent had complained in the past about how authorities handled his cases, including one where he was charged with felonies but a grand jury did not indict him following a hearing.

He was accused of taking far more trees than he was supposed to from a Barre woman. In an agreement, Kent was to take 40 trees but was accused of taking close to 200.

Kent, 61, complained to friends and neighbors, and in letters sent to newspapers, that he was wrongly prosecuted with the charges, hurting his reputation and business.

Kent also said his business was destroyed by the “Rutherford-Cain gang” from Niagara County, who were rival loggers. Kent in an email to the Orleans Hub on June 29, 2017, saying the two from Niagara County caused him “eight years of hell on earth, including vandalisms, thefts, arson and attempts on my life.”

According to a 2007 article in the Buffalo News, David Cain, then 38, was convicted in Federal Court of 17 felony charges, including racketeering, racketeering conspiracy, three extortions, two mail frauds, five arsons, three tamperings with witnesses, conspiracy to tamper with witnesses, and evidence tampering.

His brother, Christopher, and cousin, James Soha, were convicted of five felonies each, including racketeering.

David Cain was eventually sentenced to 55 years in federal prison.

In 2011, Kent sent a letter to several publications, including the Medina Journal-Register, accusing Orleans County District Attorney Joseph Cardone of using incidents stemming from the Cain criminal activity to "create" a crime against him, even though Kent has assisted in the prosecution of Cain.

He wrote:

Although the Grand Jury soundly rejected issuing an indictment for “timber theft,” through highly suspect means, a lesser indictment was obtained against me. Judge Punch swiftly ruled to dismiss all charges, stating, “... the evidence before the Grand Jury was legally insufficient.”

Adding,

What was your true motive, Cardone, had I not just handed you the key witnesses that gave you no alternative but to indict David Cain Jr., who was later sent to federal prison for 55 years? I had essentially rid Western New York of the worst gang of criminals in the last century after enduring a living hell at their hands. Until I brought you the witnesses and gave you no choice, I received no help at all from you. Was my arrest your attempt to destroy my name and all I’ve worked for because I embarrassed you into doing your job?

Kent sued Cardone and lost, with a court ruling that Cardone had "absolute immunity."

For Kent, the dispute seems to have remained unresolved, according to Orleans Hub:

Kent in his email to the Orleans Hub said he was terrorized for eight years while law enforcement did nothing to protect him or his family. He said he was treated “shamefully” by District Attorney Joe Cardone, the U.S. Attorney’s Office and the U.S. Marshals.

The Batavian's news partner 13WHAM was able to conduct a short phone interview with Keith Kent's older brother, Gary, who described Keith as a family man who loved his children. He had a wife, two adult children, and four grandchildren.

Previously:

• Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant
• Man shot by deputy at Log Cabin was looking for a fight according to early reports from the scene

This afternoon on Old Telephone Road in Bethany, Wesley and Joan Spring were doing something they do just about every spring -- putting out American flags.

"We’re just putting out flags because we believe in America," Wesley said.

They were eager to get it done this year because of the extra traffic on Old Telphone Road with Route 20 being closed for reconstruction of the Bethany Center Road Bridge, and they wanted to get it done while the weather is good before there is more snow.

"We believe in our country," Wesley said.

"Right now, it’s in so much turmoil but we still believe in it," Joan added.

A car fire is reported in front of the Post Office in Batavia, 2 W. Main St.

City fire dispatched.

UPDATE 7:56 p.m.: City Fire back in service. A chief reports $2,500 in damage to the vehicle with a cause of the fire being grass built up around the exhaust system.

After years of crumbling, the Bethany Center Road Bridge over Route 20 has finally come tumbling down.

Demolition crews brought the 86-year-old concrete span down today as part of a $1.4 million DOT project to replace the long-dilapidated bridge.

Previously: 

• DOT announces $1.4 million in funding for Bethany Center Road Bridge
• Photos: The decaying state of the Bethany Center Road bridge

A 16-year-old resident of Oak Street in Batavia accepted a plea deal this afternoon that could result in a term of one-and-a-third to four years in prison.

Lionel J. Anderson Jr. was facing a Class D violent felony count of second-degree assault stemming from an altercation on Highland Park, Batavia, during the evening of Nov. 28. The charge was downgraded today under a plea agreement, offered for Judge Charles Zambito's consideration, to a non-violent Class E felony of attempted second-degree assault.

The Oklahoma native, who finished the 10th grade of high school, accepted responsibility in Genesee County Court this afternoon for injuring a 13-year-old victim who 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."

Zambito ordered a pre-sentencing investigation, and sentencing is scheduled for 9:15 a.m. on May 21. Meanwhile, Lionel remains in custody on $25,000 bail.

It was unclear if other charges initially filed in the case are still pending in Batavia City Court -- one count of harassment and two counts of endangering the welfare of a child.

Lionel's attorney, Michael Locicero, asked if the plea agreement would resolve any pending charges.

District Attorney Lawrence Friedman said he could not agree "sight unseen" that additional charges pending for Locicero's client would be satisfied by the plea agreement at hand. But the DA did pledge that the plea satisfies all charges for the defendant in this case, involving this victim, pertaining to the Nov. 28 incident.

Lionel -- handcuffed, wearing faded orangish sweat pants, a bright orange jail shirt, long-sleeved thermal undershirt, white socks and tan slides -- fidgeted as Zambito explained what the plea meant. Slightly built and about 5'7", he answered "yes," softly, when asked if he understood the terms.

Press release:

New York Sea Grant is encouraging the public to take expired, unused and unwanted pharmaceuticals to designated law enforcement agency locations on National Prescription Drug Take Back Day from 10 a.m. to 2 p.m. on April 28.

This federally designated day for collection of waste pharmaceuticals prevents the entry of such products as antibiotics, blood pressure regulators, pain medications, tranquilizers, and hormones, into state waterways and drinking supply sources.

In Genesee County, you can drop off unwanted drugs, no questions asked, at these locations:

• Batavia Police Department, 10 W. Main St., Batavia
• Genesee County Sheriff's Office is conducting a drop-off at the Pembroke Town Highway Barn at routes 5 and 77, East Pembroke
• Village of Le Roy Police Department, 3 W. Main St., Le Roy

“Proper disposal of unused medications is critically important to protect the public drinking water supply and the Great Lakes ecosystem," said Helen Domske, New York Sea Grant Coastal Education specialist, Buffalo.

"Take Back Day sites accepting these pharmaceuticals provide easily accessible drop-off points so everyone can do their part to protect New York’s waters.”

The New York Sea Grant website has information about the impact of keeping pharmaceuticals and personal care products out of the Great Lakes and other water sources. The results of a two-year research project, funded by New York Sea Grant, to examine the effectiveness of advanced water treatment options, environmental levels, and the potential effects of pharmaceuticals in New York waters are expected later this year.

“Research is increasing our understanding of the impact of bioactive chemical substances on the aquatic food web," said Domske, who is also the associate director of the Great Lakes Program at SUNY Buffalo.

"For example, research has recently documented the presence of antidepressants and their metabolites as well as antihistamines in fish such as largemouth bass, yellow perch, walleye and steelhead trout in the Niagara River. Although researchers believe the levels do not pose a threat to humans eating the fish, they are problematic and one of the reasons we do not want people to flush medicines down the toilet or drain."

Earlier this year, the New York State Department of Environmental Conservation announced a $2 million pilot Pharmaceutical Take-Back initiative that officially begins this month with pharmacies, hospitals, long-term care facilities and other sites participating in the collection and proper disposal of the unwanted, unused pharmaceuticals. Learn more here.

National Prescription Drug Take Back Days take place twice a year, in the spring and fall. According to the federal Drug Enforcement Agency, a record-setting collection of 912,305 pounds of expired, unused, and unwanted prescription drugs took place during the Fall 2017 National Prescription Drug Take Back Day.

New York Sea Grant maintains Great Lakes offices at SUNY Buffalo, Wayne County Cooperative Extension in Newark, and SUNY Oswego. For updates on New York Sea Grant activities, visit this website.

About New York Sea Grant
New York Sea Grant is a cooperative program of Cornell University and the State University of New York, and one of 33 university-based programs under the National Sea Grant College Program of the National Oceanic and Atmospheric Administration. Through a statewide network of integrated services, New York Sea Grant has been promoting coastal vitality, environmental sustainability, and citizen awareness of Great Lakes and marine resources since 1971.

UPDATE 11:40 a.m.: The name of the man shot is Keith A. Kent, 61, of Albion.

A man who was shot and killed outside the Log Cabin Restaurant late last night was causing a disturbance inside the establishment, according to Undersheriff Gregory Walker, and said at one point, "where are the police?"

The man was challenging people inside the restaurant to a fight, trying to convince them to meet him outside, Walker said.

Deputies were dispatched to the restaurant a little before 11 p.m. for the disturbance and while in route were informed of the reports that shots where fired.

“The officers were given a description of the subject who had the handgun," Walker said during a press conference this morning at the Sheriff's Office on Park Road. "When they arrived in the parking lot they saw a subject who matched the description and also when they arrived there was a shot that was fired as officers arrived on scene.”

Officers shouted numerous commands for the subject to drop the weapon, Walker said.

"He did not comply and the officers had to shoot and did kill the subject," Walker said.

The name of the deceased has not been released yet pending notification of his family.

Walker said the man did turn and point his gun at a deputy.

Walker confirmed that deputies were wearing body cams and body cams were recording at the time of the events. That video footage is still under review.

He couldn't say, with the limited information still available, how many officers -- including state troopers and possibly Batavia PD -- were on scene at the time of the shooting.

While it appears there were shots fired inside and outside the restaurant that hasn't been confirmed yet through the investigation. 

Walker said he could not say yet how many shots were fired, either by the subject or by police.

The type of handgun used by the subject was not released nor was information released about whether it was legally owned, by whom and whether the subject had a permit. 

Since the shooting involves a member of the Sheriff's force, there will be an independent investigation of the shooting.

While the name of the deputy involved hasn't been released, Walker said, “He’s doing OK considering the circumstances. We will be spending a lot more time with him and helping him out to get through this circumstance.”

Major Edward Kennedy, State Police, Troop A, said the investigation will be conducted just like any other investigation -- the forensic evidence will be gathered, evidence reviewed and witnesses interviewed.

“I understand your questions," Kennedy said. "They’re relevant. They are absolutely understandable but they are things we cannot comment on. This is currently an active crime scene. We are in the very early stages of an investigation. This is a tragedy for everyone. That is the best we can give you right now.”

Previously: Man shot and killed after pointing handgun at deputy outside Log Cabin Restaurant

A motor-vehicle accident with minor injuries is reported at Main Street and Bank Street, Batavia.

City fire and Mercy EMS dispatched.