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Law and Order: Philly resident accused of giving false identity to deputies

By Howard B. Owens
         Ernest Smith

Ernest A. Smith, 36, of Penway Street, Philadelphia, is charged with forgery, 2nd, and falsifying business records, 2nd. Smith was arrested at Darien Lake at 9:15 p.m. Wednesday on charges of trespass and false personation. He was transported to the Genesee County Jail where he allegedly provided a false identity of Calvin W. Smith III and forged that name on documents. He was jailed on $25,000 bail, $50,000 bond.

Russell Ray Miles Jr., 50, East Main Street, Batavia, is charged with criminal mischief. Miles is accused of intentionally breaking the front grill of a vehicle that was for sale on East Main Street, Batavia, at 4:54 p.m. June 21.

John A. Stoneham, 54, of Bethany Le Roy Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Stoneham was stopped at 10:03 p.m. Thursday on West Main Street, Batavia, by Sgt. Andrew Hale.

Stacy Lynn Parks, 38, of East Avenue, Hilton, is charged with DWI, felony DWI with a passenger less than 16, driving with a BAC of .08 or greater, and endangering the welfare of a child. Parks was stopped at 11:14 p.m. Wednesday on Route 20, Darien, by Deputy Erik Andre. Parks allegedly had a 1-year-old child in her car.

Muckdogs fall 14-9 to Auburn in one-game homestand

By Howard B. Owens

The Batavia Muckdogs fell back to .500, at 6-6, after a home loss Thursday to Auburn, 14-9.

A passed ball in the first inning followed later by an error by third baseman Denis Karas helped pave the way for a six-run first for Auburn. Starting pitcher Dakota Bennett, who gave up 10 runs, but only one of them earned, over four innings, took the loss. He's now 0-2.

The league's top hitter for average, Jerar Encarnacion, was 2-4 with a double. He's hitting .479 on the season.

J.D. Osborne, who was the DH last night, and has also played catcher and third base this season, was 2-5 and his now hitting .378, eight best in the league.

Big first baseman Sean Reynolds has been on a tear in recent games. He is now hitting .305, going 2-4 last night. He has an eight-game hitting streak, going 9 for 23 in that span with two home runs.

Karas was also 2-4.

The Muckdogs are in Auburn tonight.

Collins and Rubio introduce bill to block SBA assistance for U.S. businesses backed Chinese citizens

By Howard B. Owens

Press release:

U.S. Representative Chris Collins (NY-27) and U.S. Senator Marco Rubio (R-FL) today introduced "Denying Chinese Investors Access to U.S. Small Business Aid," a bill that would prevent businesses owned by citizens of the People’s Republic of China from accessing all assistance offered by the Small Business Administration (SBA).

“The SBA exists to help Main Street America grow and flourish, not to aid companies whose profits go to China," Collins said. "This is a common-sense reform that provides a greater check on where taxpayer dollars are going because they certainly should not be going to China.

"SBA programs should focus on helping small business owners in communities like Western New York, and I am proud to join with Senator Rubio to advance this important legislation.”

“Chinese companies are abusing our current system to exploit American small business programs, which are taxpayer subsidized and were created to help spur American ingenuity and boost small businesses,” Rubio said. “This bill will ensure that our tax dollars aren’t going overseas to China, our biggest economic competitor.”

Current law permits SBA to provide assistance to qualifying small businesses who legally operate in the United States, allowing Chinese-owned businesses to obtain a federally guaranteed loan, surety bond, research and development grant, or disaster loan, among other SBA programs.

The Denying Chinese Investors Access to U.S. Small Business Aid would prohibit SBA benefits from being awarded to businesses headquartered in China. Under this bill, those China-based businesses with operations in the United States or those with at least 25 percent of their voting stock owned by Chinese investors will no longer be able to benefit.

GCEDC seeking new director of communications

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) is conducting a search to hire a new director of marketing and communications.  The position was recently vacated when it was announced that the current Director, Rachel Tabelski, will become the next director of the Batavia Development Corporation.

The director of Marketing and Communications is responsible for the development, implementation and management of marketing and communications plans and activities in support of the GCEDC’s mission.

Among the responsibilities include, but are not limited to: development, implementation and management of the organization’s marketing collaterals; media and public relations; management of website, social media and customer communications; sales support; and, public policy engagement.

“The position has really evolved over the last few years under Rachel as the person we are seeking to hire will have a number of responsibilities as the role touches all aspects of the operations of our agency,” said Steve Hyde, GCEDC president and CEO.

“It is a dynamic and a critically important role as our region continues to attract interest among national and international site selectors, but also keeping in mind that we have many local and regional companies seeking to grow and expand here and we need to make sure our marketing and communications are aligned for both.”

Those interested in applying for the position must respond by July 12. A job listing has been posted on the GCEDC website at www.gcedc.com.

Rockabilly on 'Geezer Radio' tonight at 8 o'clock

By Howard B. Owens

Richard Beatty, the host of "Geezer Radio" on WGCC, 90.7 FM, invited me to come on his show tonight at 8 p.m. to share some songs from my rockabilly music collection.

We'll play some new stuff, such as Imelda May and the Bellfuries; the first stuff, such as Elvis Presley and Carl Perkins; as well as dig into the Sun Records archives a bit, and a few obscure rockabilly pioneers such as Jack Earls, Johnny Carroll, and Joe Clay.

Law and Order: Stafford resident accused of driving drunk on sidewalk at Darien Lake

By Howard B. Owens

Carl William Altman, 54, of Clipnock Road, Stafford, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving a motor vehicle on a sidewalk, and unregistered motor vehicle. Altman was arrested following an investigation by Deputy Eric Meyer at 10:47 p.m. Tuesday at Darien Lake Theme Park, into a report of a vehicle driving on a sidewalk in a densely populated area. Altman was jailed on $2,500 bail or $5,000 bond.

Trisha Marie Craig, 24, of South Lake Avenue, Bergen, is charged with endangering the welfare of a child. Craig is accused of failing to secure her residence and allowing her 4-year-old son outside the residence unsupervised for an extended period of time. The child was reportedly found walking on Route 19 in the Village of Bergen.

Debora Marie Donoghue, 48, of East Avenue, Holley, is charged with criminal contempt, 2nd. Donoghue allegedly violated an order of protection May 20.

Local law enforcement plans extra DWI patrols over holiday

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 crackdown on impaired driving.

The statewide STOP-DWI Crackdown efforts start on July 4th and will end on July 8th. The Fourth of July extended weekend is historically a deadly period for impaired driving. This year the 4th of July falls on a Wednesday so we expect heavy traveling to begin on Wednesday, July 4th and festivities to begin on July 4th and run through Sunday, July 8th.

Americans love to celebrate the Fourth of July with family, friends, food, and fireworks, but all too often the festivities turn tragic on the nation's roads. The fact is this iconic American holiday is also one of the deadliest holidays of the year due to drunk-driving crashes.

Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. The New York State Police, County Sheriff, and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to aggressively target those who put lives in danger.

The Fourth Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association. The Statewide STOP-DWI Crackdown Campaign also targets Labor Day Weekend, Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. 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 at www.stopdwi.org/mobileapp

Impaired driving is completely preventable. All it takes is a little planning.

Collins praises court decision on public employee unions

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement after the Supreme Court released its opinion on Janus v. American Federation of State, County, and Municipal Employees.

“Today’s Supreme Court decision is a big win for government workers who, for far too long, have been forced to pay union fees in support of causes they are fundamentally against. Forcing an individual to join a political organization or government union goes against one of the greatest freedoms we are granted as Americans, the right to free speech. Any violation of the First Amendment is counter to the values our nation was founded upon and I applaud today’s monumental decision.”

UPDATE: Nate McMurray, candidate for NY-27 against Chris Collins in November, issued this press release:

Nate McMurray, town supervisor for Grand Island and Congressional candidate running for New York’s 27th District, announced that he condemns the Supreme Court ruling today, which ruled in favor of Janus.

“This Supreme Court ruling will cause a drastic financial blow to both public and private sector unions across the country. Unions are what built the middle class," McMurray said. "If you look back at the 1950s when labor was at its peak, unionization rates in the private sector were 35 percent and the average CEO made 45 times that of the average worker."

Today, the unionization rate is only 6 percent in the private sector and the average CEO makes 844 times the average worker. Corporate greed is at an all-time high and America’s middle class is suffering because of it.

"We are seeing cuts to crucial public programs such as Medicare and Medicaid, Americans still remain without healthcare and it’s only getting worse, kids can’t afford college and become saddled with debt, senior citizens are unable to retire with dignity since Social Security benefits are no longer enough to live on, and prescription drug prices continue to skyrocket. Meanwhile, many Americans are struggling to find good paying jobs," McMurray said. 

"If anything, this country needs MORE unions and we need to make it easier for workers to unionize, to fight against corporate greed and fight for fair wages and benefits.”   

Darien Lake announces Fright Nights for Fall weekends

By Howard B. Owens

Press release:

Darien Lake Theme Park Resort — New York’s Coaster Capital — Six Flags announced today that Fright Fest®the biggest and scariest Halloween event in the country, is returning to Darien Lake Theme Park Resort this fall featuring Thrills by Day and Fright by Night for five weekends beginning Sept. 28.

“No one does Halloween like Six Flags and we are thrilled to reintroduce this immersive, terrifyingly thrilling event to our guests,” said Park President Chris Thorpe. “Fright Fest is definitely not recommended for children ages 12 or younger. We are turning the scare factor way up for the biggest and scariest Halloween event in the region.”

By day, families with young children can enjoy a trick-or-treat trail, along with other kid-friendly activities. By night, the park transforms from a theme park to a scream park featuring:

  • Zombies roaming around every corner;
  • New scare zones and haunted mazes;
  • Two new haunted houses (additional fee required);
  • Thrilling rides and attractions like the all-new Tantrum, Ride of Steel and Mind Eraser experienced in the dark; and
  • A new laser light show, Spooktacular, performed on Friday and Saturday nights at 10:30.

Fright Fest runs from 6 –11 p.m. on Fridays; 11 a.m.–11 p.m. on Saturdays and 11 a.m.– 9 p.m. on Sundays from Sept. 28 through Oct. 28. More details about Fright Fest will be announced in the coming weeks.

Admission to the event is included with a 2018 Season Pass, which is available at www.darienlake.com.

Council agrees to take up issue of Redfield Park pillars as part of 2019 budget talks

By Howard B. Owens

By consensus, the Batavia City Council decided Monday to take up the issue of restoration of the stone pillars on the south end of Redfield Parkway, the intersection with Main Street, during the 2019 budget process.

The idea of moving forward sooner using leftover funds from Vibrant Batavia and an assessment on Redfield Parkway residents found no apparent council member support.

If the $60,000 project is part of the 2019 budget, it would likely be a capital expenditure. 

"It makes the most sense to me, putting it before the normal budget process," said Councilman Adam Tabelski.

Councilman John Canale said he can't believe how much time the City Council is spending on the issue.

"It’s a housekeeping issue," Canale said.

He said the pillars are city owned and the city should take care of them, just like the city takes care of Lambert Park in his neighborhood. He called the idea of assessing Redfield Parkway residents "absolutely ridiculous."

"I and all my neighbors enjoy that park a lot more than any other resident in the City of Batavia," Canale said. "If something is done at Lambert Park, you certainly wouldn’t get a dollar out of me in an assessment to do something at Lambert Park.

Councilman Bob Bialkowski warned against dragging the issue on any longer, saying it tears at the fabric of the community. He compared it to the comparisons between the Northside and the Southside when he was growing up, when it seemed like the Northside had all the paved streets, curbs and sidewalks.

"We are a single community and I think we have to move forward with this as a community," Bialkowski said. "We take care of each other. I would like to see some sort of commitment that moves us forward so we don’t have the same discussion six months down the road."

Council President Eugene Jankowski instructed Interim City Manager Matt Worth to make sure it's a priority item to discuss for the 2019 budget.

City moving forward, perhaps with county help, on request for MRAP from military

By Howard B. Owens

The police department's pitch for a military-surplus armored personnel carrier got a favorable hearing from the Batavia City Council on Monday evening during a conference meeting.

The council will be asked to approve an application from the city for such a vehicle, an MRAP (Mine-Resistant, Ambush-Protected), through the military's program for releasing decommissioned equipment to civilian law enforcement.

Chief Police Shawn Heubusch opened the meeting by providing background on the Emergency Response Team and explaining how such a vehicle might be used in the county.

The ERT was formed as a city-only unit in 1997. County deputies joined the unit in 2007.

The purpose of the ERT is to respond to situations that are beyond the capability of routine patrols, such as high-risk warrants and arrests, barricaded subjects and hostage situations.

Currently, the transport vehicle for ERT is a 2010 Ford Cube Fan. It is not four-wheel drive, is not a rescue vehicle, and offers no ballistic protection.

On Dec. 1, 2016 when Kyle Johnson killed a neighbor on Selden Road, set his own house on fire, and then fired on responding emergency personnel, one factor in bringing the situation to a peaceful conclusion was a Monore County officer happened to hear the police traffic on his emergency radio that morning and took matters into his own hands to muster his county's SWAT team and their two armored vehicles to assist.

It was one of those vehicles that were able to get close enough to Johnson, as he paced near his smoldering home with a long rifle in his hands, Heubusch said, that enabled the negotiations that led to his eventual surrender.

Sgt. Chris Camp is the current ERT commander, responsible for all of the administration and training of the unit, and he researched the options for an armored vehicle.

He spec'd out a Lenco Bearcat, which is a purpose-made armored rescue vehicle for law enforcement. The base price for a new one is $195,000. Camp added in options he thought were needed for our climate and terrain and that brought the price up to $255,000.

He then researched the option of the city acquiring a surplus MRAP. The military gives away these $650,000 vehicles to law enforcement agencies once they've been decommissioned. Livingstone, Saratoga and Warren counties in New York have all received one.

Most likely, a decommissioned vehicle will come available in California, which was the case for Livingston and Saratoga, making the transportation cost about $7,000 (Warran was lucky and retrieved its vehicle from Ft. Drum).

Outfitting the vehicle for law enforcement would cost from $7,000 to $12,000.

There may also be repairs necessary -- some of these vehicles have been sitting for awhile and need new batteries and tires. Livingston had to replace the fuel system on its MRAP.

Fortunately, the chassis and engines are International, just like the city's current dump trucks, so local vehicle maintenance can handle them, but there's also a former military MRAP mechanic working for Livingston County.

The vehicle would need to be stored, by government regulation, in a secure location. That would mean it couldn't be parked behind the police station, as the current transportation van is, so it would be stored at the city's vehicle maintence yard or at the Sheriff's Office, at least until, and if, Batavia PD gets a new headquarters.

County legislators Gary Maha and Marianne Clattenburg, along with Sheriff Bill Sheron, where in the audience for the presentation.

Heubusch indicated he expects the County to split the costs of the MRAP but the Legislature would need to approve the expense.

The city has in its asset forfeiture fund a little more than $10,000. That money can only be used for law enforcement purposes and Heubusch said he would anticipate using that money for the MRAP if one were awarded to the city.

Speaker signs Collins bill on firefighter cancer registry, bill heads to president

By Howard B. Owens

Press release:

House Speaker Paul Ryan (WI-01) today signed legislation authored by Congressman Chris Collins (NY-27) that will collect data regarding cancer incidence in firefighters to better inform the development of new protocols, safeguards, and equipment to protect these men and women.

When signed into law, the Centers for Disease Control and Prevention (CDC) will develop and maintain a registry to collect data regarding the incidence of certain cancers in firefighters. The registry will improve collection capabilities and activities to address an enormous gap in research on the heath impacts of cancer incidence among all firefighters – career and volunteer.

The Firefighter Cancer Registry Act unanimously passed the House on Sept. 12, 2017 and passed the Senate on May 10, 2018 with one amendment making technical corrections. On June 22, 2018 the amended version passed the House under unanimous consent and will head to President Trump for signature.

For more information on H.R. 931, the Firefighter Cancer Registry Act, click here.

H.E. Turner, affiliated funeral homes temporarily without phone service

By Howard B. Owens

Press release:

H.E. Turner & Co., Bohm-Calarco-Smith, and Burdett & Sanford Funeral Homes have temporarily lost telephone service coming into and out of our four locations. However, we remain ready to assist our community as the need arises.

Therefore, if you find yourself needing to contact us, please call (585) 322-3249 or (585) 356-1668 until further notice. 

We apologize for any inconvenience this may cause. Our telephone provider is experiencing a system-wide outage. We will update this release when the situation is resolved. 

UPDATE Wednesday morning: The regular phone lines are back in working order.

Neighbors on Manhattan Avenue in dispute over kittens

By Howard B. Owens

A woman asked to talk with police because a neighbor won't give her back her kittens.

She claims she went on a three-day vacation and a neighbor agreed to watch her kittens while she was gone for free.

Now, she says, the neighbor won't give the kittens back without payment.

Law and Order: Five adult women charged with riot 2nd following incident on Watson Street, Batavia

By Howard B. Owens

Angela L. Flowers, 47, of Watson Street, Batavia, is charged with attempted assault, 3rd, and riot, 2nd. Flowers was allegedly involved in a fight with multiple individuals on Watson Street at 8:07 p.m. June 12. Also charged with riot, 2nd, is Patricia A. Gibson, 28, of East Main Street, Batavia. Katrina L. Drake, 28, of Wood Street, Batavia, and Lakeisha A. Gibson, 31, of West Main Street Road, Batavia, and Tanisha N. Gibson, 33, of Wood Street, Batavia, were also charged with riot, 2nd, and attempted assault, 3rd.

Nikkia M. Smith-Neal, 32, of East Main Street, Batavia, is charged with petit larceny. Smith-Neal is accused of shoplifting from Tops Friendly Market at 11:08 a.m. Friday.

Robert C. Frank, 39, of Kensington Avenue, Buffalo, is charged with DWI and unauthorized use of a motor vehicle. Frank is accused of trying to steal a vehicle at 9:08 p.m. Sunday.

Alexis R. Chavez, 19, of Transit Road, Elba, is charged with unlawful possession of marijuana. Chavez was charged following a traffic stopped by Officer Christopher Lindsay on Law Street, Batavia, at 9:42 p.m. Wednesday. Also charged, Noah J. Freeman, 20, of Lewiston Road, Basom. Freeman was charged with unlawful possession of marijuana, a headlight violation, and uninspected motor vehicle.

Brooks Logan Brumber, 18, of Washington Avenue, Batavia, is charged with criminal contempt, 2nd. Brumber is accused of violating a stay away order of protection.

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