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A deadly fire at 109 Evans St., Batavia, this morning, claimed the life of 41-year-old John Sherman Sr., said City Fire Chief Stefano Napolitano this afternoon while supervising the investigation into the cause and origin of the fire.

He said it's too soon yet to even speculate on how the fire started.

There were at least six or seven other people in the residence when the fire started, Napolitano said, and some of them owe their lives to smoke detectors and the fact that they were sleeping with the doors of their bedrooms closed.

"A room that has a door closed is a safe haven," Napolitano said. "They were alerted by a smoke detector and they were able to safely exit the house. That is why it's so critical when you have young children or yourself in a home. You need to sleep with the door closed. It stops the fire from entering. It gives you a shelter so you can shelter in place, a safe haven, or whatever you want to call it. But it gives you an opportunity to escape."

Sherman was the owner of the 1,528-square-foot house, which was built in 1890 and has an accessed value of $69,000.

Evans Street remains closed during the ongoing investigation but Napolitano said the investigation is nearing completion. 

Joining city fire investigators in the house is a Batavia PD detective and two investigators from the New York State Office of Fire Prevention and Control.

It's city fire policy to call in state investigators when there is a fatal fire.

Napolitano described the investigation process as meticulous.

"They're methodically going through layer by layer, removing debris, removing furniture, trying to put a puzzle together, if you will," Napolitano said. "You know when you open up that box with all the puzzle pieces and you have to find the outside edge first, and then you build. That's what they're doing. They're building a puzzle."

It's a bit like reverse engineering the fire, he said.

"We're trying to figure out, OK, from the patterns and the indicators that were left, how and where that fire started, and how it traveled, where it migrated to, what could be a cause, what could be the origin."

The chief said the results of the investigation will be released as soon as some conclusions are reached about the findings.

Previously:

• One person dead in house fire on Evans Street, Batavia
• Working house fire reported on Evans Street in the city

One person died in a house fire this morning at 109 Evans St., Batavia.

The fire was reported at about 7:15 a.m.

When firefighters arrived on scene, they found heavy smoke and flames at the rear of the house from the ground floor to the roof line.

Capt. Bob Fix described the situation as "untenable" and it wasn't possible for firefighters to enter the house until the fire was knocked back.

"We were dispatched to report of a building on fire just down the street from the fire station," Fix said. "As we pulled out of the station we could see heavy smoke in the sky so we knew we had a fire."

There were at least seven people in the residence at the time the fire was reported, including four adults who lived in the house. Residents told firefighters that one person was still in the house and provided firefighters with the person's location in the residence.

"We found heavy smoke and flames coming from the back side of the building as well as several people telling us the there was a victim inside a window," Fix said. "We attempted to make entry. Conditions were untenable at the time. We got some water on the fire there and tried to make entry again a short time later."

Once firefighters were able to make entry, they located the victim on the second floor and carried him out a window and down a ladder. He was placed on a stretcher and Mercy EMS personnel immediately began performing CPR.

While CPR was in progress, he was transferred to a nearby ambulance and transported to UMMC where he was later pronounced dead.

The victim's name has not yet been released.

"As it happened, the call came in right shift change and we had quite a bit more people available than we normally would have," Fix said.

The cause of the fire is under investigation and Chief Stefano Napolitano said it's too early in the investigation to even speculate about the cause. The origin appears to be on the first floor.

State Fire, as is standard operating procedure, assist City Fire with the fire investigation.

The house is uninhabitable and The Salvation Army was contacted to assist the four adults who lived at 109 Evans.

Three pets, two dogs and a cat, were rescued from the fire.

Assisting City of Batavia was Town of Batavia fire, Alexander fire, and Darien fire.

Also assisting at the scene was Batavia PD.

     Jacqueline Saeli

The ex-boyfriend of a Pembroke woman who destroyed his Harley-Davidson motorcycle in a garage fire Jan. 6, 2018, let Judge Charles Zambito know today that he wasn't happy the 53-year-old woman is able to avoid jail time as part of her plea agreement.

"What kind of lesson will she learn with no prison time or no jail time?" asked Ben Reuben. "Local jail time would be an education for stopping her from doing something like this again."

Zambito told Jacqueline Saeli that both the probation department and Sheriff's Office investigators recommended jail time for her, but in order to send her to jail, he would have to allow her to withdraw her guilty plea and take the case to trial.

He said he wasn't inclined to send her to jail because she has paid $10,000 in restitution. She has a 30-year career caring for other people as a nurse and no prior criminal record. Saeli has successfully completed alcohol abuse treatment on her own.

All of those factors figured into his decision, Zambito said.

Saeli's attorney requested three years probation but Reuben and District Attorney Lawrence Friedman both said they thought five years probation was more appropriate. Zambito agreed that the case called for at least five years probation.

"This case isn't just about you and the victim," Zambito said. "This crime put at risk an entire neighborhood. You set a shed on fire out of anger at your boyfriend. That required volunteer firefighters and the police to show up and deal with a substantial fire. These firefighters are people who are there to serve you and your community and you put them all at risk. What if a volunteer had had a heart attack? How would you have felt if somebody had died because of what you did?"

Though Zambito couldn't send Saeli to jail, he did order to serve 200 hours of community service over the next 18 months and fined her $1,000.

Before being sentenced, Saeli had told Zambito that she was raised by her grandmother who instilled in her a sense of integrity, honesty and accountability, and that "you always do your best to help others."

She said the Jan. 6 incident was prompted by what she thought was a betrayal by two people she trusted. She said she was hurt and distraught and she admitted to drinking that night.

"I can't take back what I've done," Saeli said. "I've lived with regret and shame every day since. I can't believe I did this to somebody I loved. I wish I could take this back but I can't."

Saeli and Reuben didn't look at each other as she left the courtroom.

Trista N.L. Winchell, age 33, white female, 5’5” 155 lbs., blond hair, blue eyes LKA E. 11^th Street, Beaumont, CA

 

Arrest warrant for DWI/drove W/.08 percent or more BAC, VTL 1192-3, VTL 1192-2 (misdemeanors) Pembroke Town Court DOW 11/6/2013

Brian J. Lambert, age 37, white male, 6’2” 200 lbs., brown hair, blue eyes LKA Prune Street, Batavia, NY

 

Arrest warrant for criminal possession of stolen property 5^th, PL 165.40-1 (misdemeanor) Stafford Town Court DOW 10/28/14

Dennis A. O’Neal, age 31, white male 5’10” 150 lbs., brown hair, brown eyes, LKA NE Fern Avenue, Pinetta, FL

 

Arrest warrant for criminal mischief 4^th, PL 145.00-1 (misdemeanor) Darien Town Court DOW 5/28/13

Robert R. Sathmary, age 48, white male, 5’10” 195 lbs., brown hair, hazel eyes, LKA Forest Avenue, Port Colborne, Ontario Canada

 

Arrest warrant for DWI/drove W/.08 percent or more BAC, VTL 1192-3, VTL 1192-2 (misdemeanor) Darien Town Court DOW 1/26/10

Roldan Roblero-Morales, age 28, hispanic male, 5’6” 120 lbs., black hair, brown eyes, LKA Oak Orchard Road, Elba, NY

 

Arrest warrant for DWI/drove W/.08 percent or more BAC, VTL 1192-3, VTL 1192-2 (misdemeanor) Darien Town Court DOW 1/26/10

No photo available: Carlton O. Wright, age 24, black male, 5’11” 150 lbs., brown hair, brown eyes, LKA North 66^th Street, Philadelphia, PA. Arrest warrant for aggravated unlicensed operation 3^rd, VTL 511-1a (misdemeanor) Batavia City Court DOW 7/3/13.       

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Press release:

Mostert, Manzanero & Scott LLP presented a summary of the audit procedures, undertaken in accordance with the scope of their engagement, and the final audit results to the Genesee Gateway Local Development Corporation (GGLDC) Board at its March 28 meeting.   

The GGLDC Board engaged Mostert, Manzanero & Scott LLP, a certified public accounting firm, to perform an independent audit of the 2018 financial statements. The independent audit was performed to issue: an opinion on the financial statements of the GGLDC for the year ending Dec. 31, 2018; a management letter to the Board of Directors and management; and, a report about internal controls over financial reporting in accordance with Government Auditing Standards. 

Included in the management letter is a statement from Mostert, Manzanero & Scott LLP affirming that no material deficiencies in internal controls were identified during the audit. The firm also affirmed that, in their opinion, the audited financial statements present fairly, in all material respects, the financial position of the GGLDC as of Dec. 31, 2018, in accordance with generally accepted accounting principles.

“I am pleased with the continued positive audit results, and it speaks to the professionalism and transparency of the organization,” said Tom Felton, chairman of the GGLDC. “The GGLDC is actively marketing our industry-specific shovel-ready real estate and continues to see significant interest in our parks.”

Currently, there is $6.7 million of land held for sale and development under the agency's control, including 25 acres at the Buffalo East Technology Park; 130 acres at the Genesee Valley Agri-Business Park; 14 acres at Med Tech Park; and the Upstate MedTech Centre Building, including an Innovation Zone for entrepreneurial business development.

Chief Shawn Heubusch and Sheriff William Sheron at a Public Service Committee meeting in January.

Rather than a potential revenue windfall, marijuana legalization could drive up costs for county government, County Manager Jay Gsell warns, as the county will need to cope with several matters related to law enforcement, public health, and federal contracts.

He's concerned state officials pushing for legalization haven't fully thought through these issues.

"I see it mostly as there could be more negative cost implications to the county as far as what we'll be dealing with in terms of our social service agencies or treatment agencies, and the related people that are part of what we fund in county government, such as law enforcement, and the public health considerations, rather than, 'oh, I see this as just another nice thing to do -- a little bit of a revenue stream,' " Gsell said. "I just don't even see that happening per se."

State officials are talking about implementing a 2 percent or 4 percent sales tax on marijuana sales and remitting some portion of that tax to local jurisdictions that don't opt out of permitting sales.

Gsell said since consumption will be legal in all counties in the state, opting out of allowing local sales will really be just turning down whatever revenue a county might be able to recoup for the potential increase in expenses that go with legal pot.

Both Sheriff William Sheron and Batavia Police Chief Shawn Heubusch have publicly opposed legalization of marijuana, expressing concern about the potential for more highway fatalities, easier access to cannabis for teens, and the potential for increased crimes. Last month they shared these concerns with the county's Public Service Committee.

"The public safety issue is really what has law enforcement against it," Sheron said.

Both top cops have sent out press releases generated by their respective state law enforcement associations opposing legalized marijuana. In both cases, the Sheriff and the Police Chief say that marijuana-related traffic deaths have increased in Colorado since recreational use of cannabis became legal.

However, various reports available online contradict this assertion.

The Colorado Springs Gazette reported last summer that while the number of fatal accidents where some trace of marijuana was present in one or more of the drivers involved had increased, fatalities in accidents where a driver was considered impaired by marijuana dropped significantly, from 52 in 2016 to 35 in 2017.

The Reason Foundation compiled a comprehensive report on driving and marijuana use that also suggested there is little correlation between legalized marijuana and increased traffic fatalities. Reason also found some data to suggest that legalized marijuana helps reduce drunken driving fatalities either because people consume less alcohol or since states like Colorado ban public consumption of marijuana, people who mix alcohol and marijuana are more likely to do so at home.

On the law enforcement front, a report from Police Quarterly, cited in a story from the Seattle Times, said that legalized marijuana seems to correlate to high clearance rates (cases solved) for reported crimes as officers spend less time on drug offenses.

It might surprise some that Jeremy Almeter, owner of Glass Roots on Center Street, isn't exactly eager to start selling marijuana from his shop, should it become legal. But he does support legalization and takes issue with opponents who say marijuana will lead to more traffic accidents or that it's some sort of gateway drug.

"I've been hearing marijuana is a gateway drugs since I was a kid, and I can tell you that the only true gateway drug in our society right now is alcohol," Almeter said. "You know, nobody smokes a joint and then goes out and decides to rob a liquor store. Bad decisions are made by people when they're inebriated.

"You know they're making decisions that they wouldn't normally make. I have seen, firsthand, the effect of alcohol on people doing exactly that. I think marijuana is one of the safest plants on the planet. I think hemp is right in the same plant family and they both deserve access for every person on the planet.

"If they if they're helping you, great, but they've never killed anyone. How many people are we losing a year to drunken driving?"

Almeter added, "Alcohol kills 88,000 people a year. Cigarettes kill 480,000. Cannabis has never killed anybody."

Whether marijuana has ever killed anyone is a disputed assertion. Here's Politifact on the topic.

Dealing with drivers who are so high their ability is impaired, regardless of what the statistics out of Colorado and elsewhere say, is a major concern for both Sheron and Heubusch. The chemical test for driving under the influence of alcohol is pretty straightforward. Blood alcohol content is scientific, objective and reliable. Busting a driver impaired by marijuana is more of a judgment call, and getting such a charge to stick in court requires officers who are trained as drug recognition experts.

It's an expensive proposition to have a DRE on a department's force. The Sheriff's Office has six currently. Batavia PD, only two.

It takes an experienced officer six months of training before obtaining DRE certification.

"In the law enforcement realm, the DRE program is one of the most difficult and time-consuming certifications that you can obtain," said Undersheriff Bradley Mazur.

During a recent interview, Deputy Ryan DeLong (top photo), who is DRE certified, discussed the process involved in making an arrest of a driver suspected of driving while impaired by a drug.

First, there needs to be probable cause to make a traffic stop. Second, the officer must observe something about the driver that indicates he or she is either high or intoxicated. Then the officer can initiate a field sobriety test.

If the officer isn't DRE certified but has a good reason to believe the driver is impaired by marijuana or another drug, then the officer will require the assistance of a DRE officer.

"The first thing that we do really doesn't change and that's just the administration of standardized field sobriety testing," DeLong said. "At the roadside, we're doing the battery of tests --  horizontal nystagmus (follow a pen with your eyes), walk and turn, and the one-legged stand. If we determine that the person is intoxicated or impaired by drugs, we take them into custody and start the process of bringing in a drug recognition expert. The drug recognition expert's job is to do three things: Determine is a person impaired? Is the impairment a medical impairment or a drug-induced impairment? And what category of drug or drugs is a person under the influence of, and how the DRE determines that is a 12-step process."

The process involves question, observation, and chemical testing (and those results can take some time to come back from the lab).

"What we're looking for, is there an abnormal dilation of the pupil for the lighting conditions or an abnormal constriction of the pupil and also how the pupil will react to a light stimulus," DeLong said. "We're looking at their muscle tone. We're going to check to see where it's most rigid or flaccid. We're checking for any injection sites for intravenous drug use throughout this whole process, and also just conducting an interview as we're interacting with the person.

"We're looking for observable signs of a drug usage such as somebody being on the nod, as we call it, where they're basically falling asleep in front of us, or different body tremors, or different signs of impairment. If we determine that this person is under the influence of a drug and what category of drug they are under, they'll go for a blood test or spittle test and (depending on the results) they'll be charged accordingly."

When it comes to law enforcement, marijuana legalization and the correlating expenses, the potential need for more DREs, aren't the only concerns for the county.

The Sheriff's Office has two new K-9s coming into service and of course, today's K-9s are trained to detect marijuana. That's a skill a K-9 won't unlearn, so there is some question about whether weed-sniffing dogs can remain in service.

Gsell is also worried about how legalization might impact Federal grants. The county receives more than $11 million a year from the Federal government and many of those contracts are contingent on the county maintaining a drug-free environment. Even if the state decriminalizes cannabis, that won't change Federal law or policy.

"As far as where federal money is used to fund positions and things of that nature, we have to provide assurances, like we do with our CDL drivers at the County Highway Department, that there are random drug tests done and there is a zero tolerance with regard to persons having any of that stuff in their systems," Gsell said.

While the state is promising an increase in revenue if marijuana sales become legal, a share of that revenue will only be available to counties that don't opt-out of legal pot sales within their borders. Given the anticipated increase in expenses, Gsell suggested the county will have little choice to allow local sales even if the additional revenue doesn't totally offset the additional expenses.

"The prospect of revenue or increased revenue is an ephemeral situation at this point," Gsell said. "There's no way to predict what that is and the things that we see from the state are not what I would call vetted enough, nor necessarily what I believe is actually going to come to reality."

    Nikki Stonebraker      Marquise Lee      Angela Bateman      Derek Wilcox

      Joseph Burr

 

 

Probation officers reportedly found 56 bags of crack cocaine along with drug paraphernalia and drug packaging material during a check of a residence on Liberty Street, Batavia, yesterday and as a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force, five people were arrested and charged with multiple crimes.

Investigators reported also finding unidentified pills and currency.

Charged were:

• Marquise L. Lee, 36, of Hobart Street, Rochester, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia 2nd;
• Angela R. Bateman, 46, of East Main Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
• Nikki L. Stonebraker, 30, of Liberty Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, endangering the welfare of a child;
• Joseph T. Burr, 25, of North Lyon Street, Batavia, arrested on a warrant for alleged violation of probation and charged with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
• Derek E. Wilcox, 30, of Congress Avenue, Rochester, criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd.

All five suspects were arraigned in Batavia City Court.

Lee was ordered held without bail. Ball was set at $50,000 or $100,000 bond for Burr, who was also ordered held on $5,000 bail for the violation of probation charge. The other three suspects had their bail set at $50,000 cash or $100,000 bond.

Press release:

The Batavia Police Department is looking to identify the person in this photo.

We believe she might be able to assist us with a found purse at a local business.

If anyone knows who she is, please contact Officer Jamie Givens at 585-345-6350. 

 

 

 

 

 

 

Stafford Fire Department is dispatched to the area of 6305 East Bethany-Le Roy Road, Stafford, for a report of a grass fire.

UPDATE 11:30 a.m.: A tanker from South Byron requested to the scene.

Press release from AAA:

Spring fever may be in the air, but American motorists already have summer road trips top of mind. AAA’s latest Gas Price survey found that if gas prices remain low, one in three Americans (33 percent) would likely plan another summer road trip, while 27 percent would increase the distance of one – with Generation X more likely to do both than Baby Boomers. AAA expects the national gas price average this spring to reach $2.75, a savings of nearly 20 cents compared to last spring’s high of $2.92.

“Cheaper crude oil prices have helped to keep pump prices lower this winter,” said Elizabeth Carey, director of public relations at AAA Western and Central New York. “While we are seeing the national gas price average increase and mirror prices from this time last year, spring pump prices for the majority of motorists are not expected to elevate to the nearly $3/gal level of last May.”

In New York State, the average is already at $2.72, compared to $2.75 last year. Western and Central New York is likely to see prices rise at least another 10 cents. However, motorists on the West Coast and in the Rockies region will likely see prices reach or exceeded $3/gal, which is similar to last year.

In addition to increasing the number or mileage of summer road trips, the AAA survey shows that Americans said lower gas prices would encourage them to spend or save more, but this varies based on generation and region:

• The majority of Millennials (53 percent) and Gen X (49 percent) would put aside money for savings as compared to Baby Boomers (44 percent).
• Generation X is more likely to increase shopping/dining out, drive more on a weekly basis or use more expensive gas as compared to compared to Baby Boomers.
• Motorists in the South (11 percent) and West (10 percent) say they would use more expensive gas while 5 percent of those in the Midwest and 7 percent in the Northeast would be willing to upgrade fuel type.

Springing Gas Prices
While the first few months of this year ushered in daily national gas price averages that were, at times, as much as 35-cents cheaper than a year ago, pump prices since the middle of March have been mostly similar to prices at this time last year. Today’s national gas price average is 4 cents more expensive than a year ago.

“Historically, early spring triggers an increase in pump prices due to an increase in demand as Americans put the winter blues behind them and drive more. Another factor pumping up the price is the switchover to summer-blend gasoline, which is more expensive for refiners to produce,” added Carey.

The difference between summer- and winter-blend gasoline involves the Reid Vapor Pressure (RVP) of the fuel. RVP is a measure of how easily the fuel evaporates at a given temperature. The more volatile a gasoline (higher RVP), the easier it evaporates. Summer-blend gasoline has a lower RVP to prevent excessive evaporation when outside temperatures rise. Reducing the volatility of summer gas decreases emissions that can contribute to unhealthy ozone and smog levels. A lower RVP also helps prevent drivability problems, especially in older vehicles. Summer-blend is more expensive to produce and that cost is passed on to the consumer each spring.

Oil Dynamics

Motorists benefitted this winter from lower crude oil prices, which comprise approximately 50 percent of the prices paid at the pump. Crude prices ranged between $48 and $56 per barrel this winter, while winter 2018 saw consistent prices between $60 and $65. This difference helped to keep pump prices mostly cheaper this winter, but crude prices are likely poised to increase this spring possibly back to $65, which will propel gas prices higher as gasoline demand increases across the country.

Moreover, moving into spring, crude prices will likely increase as the Organization of the Petroleum Exporting Countries (OPEC) continues to implement its agreement with other global crude producers to cut production by 1.2 million b/d, which remains in effect through June. OPEC has announced that it will not meet in April to discuss the pact; instead, it will meet on June 25 and 26 and may announce a decision to end or extend its agreement at that time. OPEC and its partners will likely look toward global pricing trends around the time the cuts are set to expire as well as global crude demand forecasts, and how well members of the reduction pact have adhered to the production cuts to determine if it should extend its pact beyond June. If it does and crude prices rise dramatically, American motorists could see pump prices spike later in the summer. 

Additionally, U.S.-imposed sanctions meant to curtail crude exports from Iran and Venezuela will likely tighten global supply and help crude prices inch up this spring. The exact price impact will be determined by how stringently the United States enforces the sanctions. Some market observers believe the United States, which is now the world’s leading crude producer, could help meet global demand because of its newfound export prowess. However, growth in domestic demand for crude, particularly during the high-demand driving season this summer, may limit just how much the United States is able to contribute to the global crude market.

Summer Look Ahead
AAA expects summer 2019 gas prices to be on par with prices during summer 2018, with May seeing the highest prices of the year. Heading into summer, a variety of factors, including U.S. supply-demand levels, U.S. production and crude prices will help better shape the summer forecast.

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

The way career-criminal Edward F. Perdue, 58, seemed to figure it when he walked into County Court today, unless he could persuade Judge Zambito to be a bit lenient with him, he won't get out of state prison until he's 67 years old.

Perdue, arrested in Batavia for entering the backrooms of local liquor stores and stealing cash and credit cards, is currently serving three to six years in the Orleans Correctional Facility on a burglary conviction in Monroe County.

Zambito's choice today was to send him to prison, based on his guilty plea to grand larceny, 4th, in November, for either one and a half to three years or for two to four. Perdue added another twist with his own request of the judge: make his Genesee County sentence concurrent to his Monroe County sentence.

The reason the five-time felon should get a break, according to the felon himself, is that he tipped police to a threat against the life of District Attorney Lawrence Friedman. Perdue said he overheard another inmate on a bus make a threat against Friedman (whose name he kept pronouncing "fryedman" and noted that "I never saw him before today").

"I'm not asking to be released," Perdue said. "I'm asking for my time to be concurrent with the time I'm doing now. I just happened to be in the right place at the right time."

During his talk with the judge, Perdue claimed both that officers did not talk with him about his tip and he also said he spoke with investigators and provided them with the name of the person who he said made the threat.

"The cops said they would help me," he said.

"The detectives said they would come and talk with me and they never did," he said.

"The cops said they would talk with me and I would rather talk with them," he said.

He indicated he thought he deserved a break because he's been labeled a snitch in Orleans.

Friedman, outside of court, said state authorities did investigate Perdue's allegations and found the allegations unfounded.

Zambito noted during sentencing that Friedman asked for the maximum term for Perdue and never mentioned giving him any consideration for his cooperation with police, and without evidence of Perdue's claims, he said he couldn't really consider the request.

What he could consider is Perdue's criminal record going back to 1976 and includes multiple burglaries and other property crimes, a criminal contempt and a manslaughter conviction.

"You're a career criminal," Zambito said. "A career thief." 

He told Perdue, "there's no reason not to give you the maximum allowable sentence and hope that protects society."

The sentence: two to four years consecutive with the term Perdue is currently serving.

Perdue will, in fact, likely spend his 67th birthday in prison.

"I never burglarized anything," Perdue said before he was led from court in a statement that garnered no response from Zambito."Isn't a burglary when you break into some place? I just walked into the backroom of places."

Should children who haven't been vaccinated for measles be kept out of school and other public places?

USAToday: Rockland County declares state of emergency for measles, bans unvaccinated minors from public places

Members of the Pembroke Dragon's volleyball team traveled yesterday to Buffalo to serve homemade desserts to the women and children seeking temporary shelter at the Buffalo City Mission.

They were inspired by Social Studies teacher Greg Kinal, who often volunteers at the mission and is sometimes joined by students.

The volleyball team was looking for a volunteer project so asked Kinal if they could serve at the mission. They made the desserts.

Coach Morgan Wagner said she was proud of her team.

"The athletes in our program are always thinking of others," Wagner said. "They are the kindest and most generous young ladies and teammates. I am very fortunate to work with these quality character student-athletes

"Their parents even got involved by assisting in the baking of the goodies we delivered. We are truly blessed here at Pembroke to be apart of a community that so selflessly loves and serves others."

The mission is always in need of donations so if anybody in the community wishes to pitch in and help, contact Kinal at the high school.

Photos courtesy Pembroke High School.

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for Custom Vehicle Operators (CVO), which is transferring operations from its existing facility on Ganson Avenue in the City of Batavia to the former PW Minor manufacturing facility at 3 Treadeasy Ave.

CVO is investing $2 million to purchase and make capital improvements at the 80,000-square-foot building. The project will retain 36 jobs.

CVO is the authorized distributor/installer of accessories for General Motors automobile dealer locations in Central and Western New York and Western and Northeast Pennsylvania.

CVO is seeking sales, mortgage and property tax exemptions of approximately $60,000.

A motor-vehicle accident with injuries and entrapment is reported at Route 237 and Cockram Road, Byron.

Traffic is blocked.

Dispatchers are checking the availability of Mercy Flight.

Byron and South Byron fire departments dispatched along with Mercy EMS.

UPDATE 12:16 p.m.: Chief on scene, "negative on entrapment." Minor facial lacerations. No need for Mercy Flight.

A change in federal tax law in 2017 could help attract Downstate investors to Upstate communities such as Batavia and the Batavia Development Corporation is planning on pursuing those dollars for economic development in wards three and six.

The new tax law allows investors who have realized profits from prior investments, known as capital gains, to defer and reduce capital gains taxes on those profits if they invest those gains in economically distressed neighborhoods.

Wards three and six -- which contain the City Centre mall and the Harvester Center, among other distressed properties -- were previously designated Opportunity Zones by the City of Batavia and would be eligible to attract investment under the terms of the revised Federal Tax Code.

Rachael Tabelski, BDC director, asked the City Council on Monday night to approve at its next business meeting a resolution that would allow the BDC to invest $20,000 in setting up a Batavia Opportunity Zone investment vehicle.  

"These wards are distressed and would benefit from both large and small investment projects," Tabelski said.

The goal is to attract $5 million in investment funds. Tabelski said there are already potential investors Downstate who have expressed an interest in such investments.

Urban Vantage LLC, a Buffalo-based urban planning firm, would assist, including financially, in setting up the investment package.

The $20,000 would come from BDC's revolving loan fund, which has a current balance of $319,000.

At its next business meeting, the City Council will also be asked to approve a resolution that would allow the revolving loan fund, first established with Federal grants in 1997, to start assisting small businesses in Batavia with cash grants (in addition to continuing revolving grants).

Tabelski told the council that the purpose of the fund is to get money into the hands of local businesses to help spur economic development and the fund isn't accomplishing that goal if the money isn't being put to use.

The $20,000 initial investment would be used for legal preparation of the investment vehicle, listing and marketing the project, along with filing and accounting fees.

"We're setting this up so we are on the map as a proactive community taking advantage of a new federal tax law that is allowing investment into low-income census tracks and to show investors and developers that we're serious about moving our sites forward and creating our own fund as a city," Tabelski said.

There's much about how the new investments will work that hasn't yet been determined by the Treasury Department. The final guidelines should be released in a few weeks.

In general, the idea is if an investor has capital gains, the investor can move those funds to an opportunity zone investment fund and defer any capital gains tax until 2026. After five years, the basis of their taxable gains would be reduced by 10 percent. For example, if an investor had $100,000 in capital gains and invested those gains in an opportunity zone, the investor would owe taxes only $90,000 of those gains. After 10 years, the basis would be reduced another 5 percent.

Also, after 10 years, the investor would not owe any taxes on any additional gains on their opportunity zone investments. In other words, if that investor put $100,000 into an opportunity zone and at the end of 10 years, exited the investment and got back $150,000, there would be no capital gains tax on that additional $50,000 realized from the investment.

"It's really designed to attract investment in projects that have a high likelihood of appreciation," said Richard Rogers, a principal in Urban Vantage.

Tabelski first met Rogers and his partner Travis Gordon during the Downtown Revitalization Initiative process, when they represented Ken Mistler on the Carrs Reborn project. They worked together on developing a plan to create the opportunity zones under the tax code revisions.

Tabelski and Gordon both said Batavia could be attractive to investors not just because of a break on capital gains tax but also because of other credits available, such as historic building tax credits, new market tax credits, and the availability of PILOTs (Payment In Lieu Of Taxes) on building improvements.

"This is a marketable location for people from places like Downstate to put the money into to actually get a good return on their investment as well," Gordon said.

The BDC-initiated fund will focus on real estate investment but there's no reason private investors can't establish their own funds to support business startups and expansions. So long as the business is based in designated opportunity zones, investors would be eligible, potentially, for the same tax breaks on capital gains.

There are some guidelines yet to come yet, however, that will either expand or limit those opportunities. For example, initially, the tax code would have required at least 50 percent of a business's revenue to come from within the opportunity zone.

That would seriously limit, as Rogers noted, a new firm's ability to scale, which would make a much less attractive investment for venture capital.

Tabelski said there is already an investment fund established in Buffalo that might be interested in projects in Batavia.

Photo: Rachel Tabelski presenting the project to the City Council on Monday, accompanied by Richard Rogers and Travis Gordon.