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Press release:*

A coalition of New York State dairy and vegetable farms has filed a lawsuit in U.S. District Court in Western New York seeking a court order that would temporarily halt the implementation of the Farmworkers Fair Labor Practices Act on Jan.1. New York’s farmers and employees are seeking clarity to ensure they are in compliance with its requirements.

The group, which includes the Northeast Dairy Producers Association (NEDPA), the New York State Vegetable Growers Association (NYSVGA), and individual farmers across the state have been working with state officials for months, leading up to and following the legislature’s approval in June of a measure that was then signed into law by Governor Andrew Cuomo in July.

*(Update) In Genesee County, the coalition includes Torrey Farms, a dairy farm in Elba that's been in operation since 1803, and MTy Acres, which is represented on the Board of Directors of NYS veg growers.

Prior to filing the lawsuit today, representatives of NEDPA and the NYSVGA worked into the evening on Friday in an effort to seek a resolution that would bring clarity to the matter. In addition, they maintained open lines of communications and were willing to continue the dialogue throughout the weekend.

In fact, prior to being voted upon and signed, a statewide advocacy effort was conducted by concerned agricultural interests that repeatedly identified flaws within the legislation that needed to be addressed to avoid unintended consequences of the state action.

More specifically, the lawsuit outlines the challenges facing New York’s agriculture community, and identifies several key issues that require modification.

• As currently written, the Act’s definition of “farm laborer” includes supervisors, farm owners and family members of farm owners. This places farms in a contradictory or “Catch 22” position. If supervisors, owners and family members are classified as farm laborers, they have the right to engage in collective bargaining with other employees. However, if supervisors, owners and family members are also agents of the farm business, they must not engage in conduct that would discourage union concerted activity, assist in the formation of a union, or otherwise violate the rights of farm laborers.
• The Act also conflicts with Section 14(a) of the National Labor Relations Act (“NLRA”). The Act includes supervisors as part of the group of farm labors who may engage in concerted activities, but the NLRA expressly prohibits states from adopting such legislation, and so the law is preempted by federal law. 
• Because the Act includes supervisors, owners, and family members for purposes of its hour restrictions and overtime pay requirements, farms must reclassify the way they engage these individuals, and this compounds the conflict as farmers endeavor to implement the law.
• As a result, if a farm decides to classify its supervisors, owners and family members as farm laborers, it will result in a violation of the Act’s collective bargaining provisions. On the other hand, if a farm takes the position that supervisors, owners and family members are not farm laborers, the farm may be subjecting itself to criminal and civil penalties by violating their rights as farm laborers and by violating the hour restrictions and overtime pay requirements.

John Dickinson, Northeast Dairy Producers Association, and co-owner of Ideal Dairy in Hudson Falls (Washington County), said, “We greatly appreciate the efforts of our employees; they are invaluable to our success and we want to do what’s right for them. We have had productive interactions with state representatives and provided feedback on the lack of clarity this law provides, however we are asking for a pause to allow necessary changes to be made.

"The lack of guidance the dairy community is receiving is causing unnecessary stress on farms, agribusinesses, and families across the state. We have every intention of abiding with this law, but our farms and employees are struggling with implementation due to unclear and conflicting definitions as it is currently written.”

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said,“We have been working for months in a constructive manner to bring clarity and fairness to a law that had significant problems due to ambiguity and unfairness to employees and farm families across New York.

"Today, we are simply seeking a temporary pause to the implementation of this law, to avoid harm to our farms and our employees, while the Governor and Legislature correct the ambiguities.”

Ernest D. Lane, 61, of East Main Street, Batavia, is charged with: criminal obstruction of breathing; unlawful imprisonment; aggravated family offense; and first-degree criminal contempt -- physical contact. Lane was arrested at 8:21 p.m. on Dec. 25 following a domestic incident on East Main Street. It is alleged that he prevented a person from leaving an apartment and had physical contact with that person, in violation of a stay away order of protection. He was arraigned in Batavia City Court on the morning of Dec. 26 and is to appear in court at later date (unspecified). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Wesley Rissinger.

Zachary N. Knapp, 22, of East Avenue, Batavia, is charged with: driving while intoxicated; aggravated DWI with a BAC of .18 percent or higher. Knapp was arrested at 2:53 p.m. on Dec. 23 on East Avenue after allegedly operating a vehicle that had a flat tire. He was transported to Batavia Police Headquarters and issued appearance tickets. He is due in Batavia City Court on Jan. 15. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Stormy Marie Watts, 22, of Main Road, Stafford, is charged with fourth-degree criminal possession of stolen property -- a credit card. At 11:30 a.m. on Dec. 27, Watts was arrested following an investigation. It is alleged that Watts possessed and attempted to use a stolen Walmart credit card at 7:02 p.m. on Dec. 22 at the Batavia Walmart. She was issued an appearance ticket and is due in Batavia Town Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro.

Brittney N. Rodriguez, 31, of Washington Avenue, Batavia, is charged with petit larceny. She is accused of stealing fake nails from the Dollar General store on East Main Street in Batavia at 9:43 a.m. on Dec. 12. She was arrested and released on an appearance ticket. She is due in Batavia City Court on Jan. 7. The case was handled by Batavia Police Officer Nicole McGinnis.

Daniel William Mosholder, 27, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested after a shoplifting incident was reported at Dollar General on East Main Street in Batavia at 8:22 p.m. on Dec. 23. He was processed on scene and released with an appearance ticket for Jan. 14 in Batavia City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Press release from Assemblyman Steve Hawley:

“The closing of 2019 does not represent a time of closure but rather a time for new hope, new opportunity and the fulfillment of long-standing aspirations," Hawley said. "It is a symbolic time to set new goals, raise your standards, and put failures and disappointment behind you.

"Although we must always look forward, it is important to reflect on what we have accomplished this year and all that we have to be thankful for. In doing so, we can evaluate what we have achieved and push ourselves even further professionally, personally and physically to even greater limits next year.

“The division in our state and our nation is troubling. Politics shouldn’t be a perpetual competition as much as it should be about listening, collaboration and compromise. New York has taken on a stark progressive character the last year under one-party leadership and although I disagree with many of the current policies, I will continue to extend the olive branch in 2020 and forge a bond with elected officials as fellow New Yorkers first, not Republicans or Democrats.

“Next year’s election cycle is sure to be contentious, but we will heal as a nation by always remembering to listen, respect and be kind to others.

“If you are out celebrating the New Year with family and friends and choose to consume alcohol, please do so responsibly and always take advantage of the great ride-sharing and taxi services we have locally. We need to all do our part this time of year to keep our drivers and passengers safe.

“On behalf of all the constituents of the 139^th Assembly District and fellow New Yorkers alike, I wish everyone and their families a happy and safe New Year!”           

Charles Elias Cooper (inset photo left), 36, of West Seneca Street, Lodi, is charged with: first-degree burglary -- the use or threatened use of a dangerous instrument, a Class D felony; first-degree robbery -- forcible theft with use of a dangerous instrument, a Class B felony; third-degree grand larceny -- of property value that exceeds $3,000, a Class D felony.

The charges stem from an alleged home-invasion robbery at 8:45 p.m. on Nov. 5 on Clinton Street Road.

Cooper is accused of forcing his way into a residence with a Crosman SNR357C02 dual ammo full-metal revolver pellet gun, a dangerous instrument. It is alleged that Cooper verbally threatened the lives of the homeowners with the dangerous instrument and then stole more than $3,000 in cash from them.

It is believed that Cooper was familiar with the residence and specifically targeted it.

Cooper was arraigned in Stafford Town Court at 2:30 p.m. Dec. 26 and then jailed on $50,000 bail. He is scheduled to appear again in Stafford Town Court at 9 a.m. on Jan. 7.

At 9:05 p.m. on the day of the incident, the Genesee County Emergency Dispatch Center received a call from a resident on Clinton Street Road in Stafford who reported that an unknown male suspect, later identified as Charles Elias Cooper, had forcibly entered their home with what appeared to be a pistol. The suspect threatened the homeowners and demanded money.

According to the preliminary investigation, the homeowner was able to retrieve his own long gun during the confrontation and he fired one round, which struck and incapacitated the suspect.

Shortly thereafter, Sheriff's deputies arrived and took the suspect into custody without further incident.

The suspect was treated at the scene and then transported via Mercy Flight to Strong Memorial Hospital in Rochester for further treatment. He was subsequently listed in critical condition.

The two occupants of the home were not injured.

Because the investigation indicates this was not a random act and that the residence was specifically targeted, investigators believe there is no reason to have further concern for the public safety of residents in the vicinity. It is believed the suspect acted alone.

The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Press release:

Dolly Parton’s Imagination Library is a set of books beginning with the children’s classic "The Little Engine That Could." Each month a new, carefully selected age-appropriate book will be mailed in your child’s name directly to your home. Best of all it is a FREE GIFT!

There is no cost to your child’s family thanks to the Alexander APPLE Committee. The committee has partnered with The Richter Family Foundation to bring the Imagination Library to Alexander’s children.

To be eligible the child must live in the Alexander Central School District and must be between the ages of birth and his/her 5th birthday.

Beginning on Jan. 1, you may register online at www.imaginationlibrary.com by clicking on the box “register my child” and then filling out the required information.

If you do not have access to the internet, you may pick up a Registration Brochure at the elementary school office, and then mail the registration form to: The Richter Family Foundation. The mailing address is included in the brochure.

Alexander’s APPLE Committee knows that you will love Dolly Parton’s Imagination Library and encourages you to sign up your child or children beginning on Jan. 1. A family may register all children within the household, as long as they are age 5 or under.

Submitted photo and press release:

The New Year at Blue Pearl Yoga Open House will be held from 11 a.m. to 4 p.m. on Saturday, Jan. 4.

Come and explore the many opportunities for wellness and check out our beautiful yoga space located in the former Masonic Temple on Main Street in Downtown Batavia.

Try out different styles of yoga and meet our teachers, as we will be offering free 20-minute Discovery classes throughout the day in our two yoga rooms. Or you're welcome to just hang out in the Art Gallery or Reception Room, and enjoy some light refreshments and good company.

All welcome, no charge. Blue Pearl Yoga Studio is located on the third floor of 200 E. Main St. — stair access only.

(In case of cancellation due to inclement weather, the Open House will occur from 11 a.m. to 4 p.m. on Sunday, Jan. 5)

Press release:

NYS Snowmobile Safety course will be taught at Alexander Fire Hall from 9 a.m. to 3 p.m. Saturday, Jan. 25.

The Alexander Fire Hall is located on Route 98 and Route 20, Alexander.

The course is free to children from 10 to 18 years of age. New York State’s Snowmobile Law requires that youngsters ages 10-18 acquire a safety certificate before they may lawfully operate a snowmobile.

Youngsters may qualify for their safety certificates by taking safety course and passing the examination given at the end of the course. The course and all materials are furnished free. The course is also open to adults.

The instructors for snowmobile Safety Course are certified by New York State. 

You must sign up for the course and attend both classes where you register.

All materials for the Snowmobile Safety Course will be furnished. Those that pass the written exam will be issued a patch, certificate, and a license. 

If your child is interested in taking the course and would like to lawfully drive a snowmobile.

Preregister by calling 716-481-2623 after 5:30 p.m. 

The class is sponsored by the Millgrove Sportsmen Club, Alexander Fire Dept, Genesee Sno-Packers Snowmobile Club.

From county Highway Superintendent Tim Hens (president, National Association of County Engineers):

Construction of a major 36" diameter water main is occurring along North Road (CR#40) in the Town of Le Roy.

Construction will restart on Monday, Dec. 30th, and will continue for several weeks.

The road will be closed and will only be accessible by local traffic and emergency vehicles during this time. Major delays can be expected.

Complete roadway shutdowns will occur and be communicated as blasting of bedrock and road crossings occur. Alternate routes are suggested.

John Joseph Sadler Jr., 32, no permanent address, of Batavia, is charged with second-degree burglary of a dwelling and first-degree criminal contempt -- with a prior conviction of aggravated criminal contempt with the last five years. Saddler was arrested after police were called to Washington Avenue for a disturbance at 2:02 p.m.on Dec. 20. After an investigation, police found Saddler on location in violation of a stay away order of protection. He was arraigned in Batavia City Court and jailed. He was due to return to court on Dec. 24. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Matthew J. Reed, 35, of Hutchins Place, Batavia, 35, is charged with trespass. He was arrested after allegedly committing the violation at 10:22 p.m. on Dec. 14 at an address on Park Avenue in Batavia. Reed was arrested and arraigned in Batavia City Court on Dec. 24. He was released on an appearance ticket and was due back in court on Dec. 24. The case was handled by Bataiva Police Officer Nicole McGinnis, assisted by Officer Kevin DeFelice.

Flames are shooting from the second floor of a house at 16 Highland Park. Children reported on the second floor; there is entrapment. City fire is responding.

UPDATE 2:22 p.m.: Alexander's Fast Team is called to the scene along with Le Roy's rescue unit. Town of Batavia fire is asked to stand by in quarters.

UPDATE 2:23 p.m.: A second-alarm has activated. This is a working structure fire.

UPDATE 2:26 p.m.: "We have a report that everyone is out; we're doing a primary search," says fire command.

UPDATE 2:30 p.m.: "Heavy, heavy fire on the second floor," says fire command. "We have one (fire hose) line open. Heavy smoke and flames from B/C sides."

UPDATE 2:34 p.m.: Responders are told to access the scene via the Wood Street side.

UPDATE 3:43 p.m.: Video added. There's no interview in the video. The scene commander isn't likely to be available for at least another hour. The fire seems mostly contained though firefighters are working to get to hotspots in the walls and attic. We will seek an update from City fire later tonight.

A motor-vehicle accident is reported at Oak and West Main streets in the city. A subject is complaining of chest pain. City fire and Mercy medics responding to the Speedway Gas Station parking lot.

Rochester -- Kim Smith, a third-generation Rochester resident, has announced her campaign for New York State’s 61st Senate District.

Smith holds a Master’s of Public Administration degree from Brockport College and spent more than 25 years with the Monroe County Department of Public Health. Her innovative policy work to improve access to care gained local, state and national attention.

“During my years at the Monroe County Department of Public Health, I worked to create a thriving environment for the 750,000 residents of Monroe County, as diverse in geography, people and needs as the 61st District,” Smith said.

“That kind of diversity is an opportunity to build bridges, capitalize on commonalities, and negotiate and compromise to reach our common goals and improve lives across the district. We must come together so that no voice, farmer, town, village or city in this district goes unheard or unrepresented.”

In 2017, Smith transitioned from her role in local government to serving as an activist and advocate with VOCAL-NY, where she became the organization’s first Statewide Organizer focusing on Rochester, Buffalo and Syracuse. She brings to her campaign this unique combination of experience developing and administering policy at the local level, and advocacy in Albany where she has helped to win more equitable statewide legislation in key areas including housing affordability.

In the spirit of developing policy in collaboration with the community, Kim’s campaign will begin a series of listening sessions that will take place across the 61st District. These sessions are for community members to meet Kim and talk about the issues that matter most, all are welcome to attend.

The first Listening Session was held in Amherst on Dec. 19th at the Eggertsville-Snyder Library.

Genesee County residents can attend the session in Batavia on Jan. 7th from 5:30-7:30 p.m. in the Gallery Room at the Richmond Memorial Library, 19 Ross St.

The tour continues in Rochester on Jan. 14th from 5:30-7 p.m. at the Arnett Library. Additional dates and locations are being scheduled and will be posted on her website.

To learn more about Kim and her campaign, please visit: www.kimsmithforsenate.com or email the campaign at: info@kimsmithforsenate.com.