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Florida-based gang believed operating in area, stealing purses from cars

By Howard B. Owens

The Sheriff's Office is asking people not to leave purses and other valuable items in vehicles because they become targets of a criminal gang that is roaming the region.

The Felony Lane Gang is believed to be behind a rash of smash-and-grab purse thefts from vehicles at hiking areas, bike trails, county parks, local parks and other parking lots.

The Sheriff's Office describes the gang as "well organized" and based in Flordia but is known to operate in the North East.

Gang members are believed to be responsible for these types of thefts in Erie, Monroe, and Genesee County in recent weeks.

Once the purse is stolen, they use the victim's ID, credit cards, and checks to commit identity theft and related crimes.

"The Sheriff's Office is advising the public not to leave anything of value inside your vehicle while unoccupied," according to a news release. "Any suspicious activity should be reported to the police immediately."

The Felony Lane Gang first made news in Genesee County in January 2020 when a man believed to be associated with the gang was killed in an accident while fleeing from law enforcement in Alexander.

David Burke wins BSA competition in summer show

By Howard B. Owens

David Burke won the "People's Choice" award in the Batavia Society of Artists' summer show on display now through Sept. 30 at GO Art!

His painting is titled "Garden of the Mystic" and he described it as an intuitive painting.

Other artists in the show are Shauna Blake, Joan D'Alba, Richard Ellington, Kevin Feary, Nikki Greenbaum, Brian Kemp, Julie Lambert, Adrian Morris, Madeleine Rusch, Teresa Tamfer, Morgan Wagner, and Lydia Zwierzynski.

Brian Kemp with "Artsperience," a mixed-media piece that was a collaboration with his 14-year-old niece Danielle Jefferson.  Kemp met her for the first time this summer during a trip to North Carolina and found out that she is a young artist.  She showed him a drawing but said she didn't like it and intended to destroy it.  Kemp told her to give it to him, he said.  She did, and he finished the painting and then mounted it on a chunk of scrap iron he had in his storage shed.

Batavia woman sent to federal prison, ordered to repay $18K of stolen COVID relief funds

By Howard B. Owens
Danielle Tooley

A Batavia woman, who applied for and received unemployment benefits connected to COVID-19 relief programs that she was not entitled to, has been sentenced to six months in federal prison.

Danielle Tooley, 37, must also pay $18,000 in restitution to the federal government.

Tooley's scheme was uncovered by local law enforcement during a traffic stop on Nov. 24, when she was arrested for alleged criminal possession of a controlled substance following a traffic stop on Clinton Street Road in Bergen.

As officers prepared to tow Tooley's vehicle, they recovered six NYS unemployment benefit cards issued to people other than Tooley. They turned the cards over to the Department of Labor. 

An investigation by the Inspector General revealed that Tooley had consistently withdrawn money from bank accounts associated with the cards.

She was sentenced today by Chief U.S. District Judge Elizabeth A. Wolford.

Booking Photo: From an unrelated arrest in Genesee County and obtained by The Batavian through a Freedom of Information Law request.

Rabies treatment may be necessary for person bitten by dog

By Howard B. Owens

A request from the Health Department for information on a dog that bit a person on Aug. 2 failed to yield any tips, so the health department has offered the victim "post-exposure rabies treatment," according to Kaitlin Pettine, public information officer for the department.

According to the initial news release, a person was bitten on Jerome Place near East Main Street in the City of Batavia at 9 a.m. Aug. 2. The dog bit the victim's arm.  The dog then ran across Main Street in a westerly direction.

The dog was described as a solid, dark gray dog with a bright blue collar. The dog resembled a pit bull or bulldog. 

If you have information about the location of the dog and its owner, please contact the Genesee County Health Department at 585-344-2580, Ext. 5555.

No arrests yet, no new information available on Aug. 12 shooting on Elm Street

By Howard B. Owens

There is no new information to share in the ongoing investigation of a shooting reported on Elm Street on Aug. 12, said Batavia PD Chief Shawn Heubusch.

Heubusch said detectives are working on active leads and that there is no further info to release to the public at this time.

According to the initial report from police, two people were shot at 4:14 p.m. last Friday in the area of Elm Street and East Main Street.  

Both victims were treated on the scene by City Fire and Mercy EMS.  One person was transported to UMMC with non-life-threatening injuries and the other one was treated and released at the scene.

Police have yet to release any information on possible suspects, such as how many people might be involved, the type or types of weapons involved, how many shots were fired, or any descriptions of the suspects.

There is no information available on any possible motive.

Muckdogs ace named pitcher of the year for PGCBL

By Howard B. Owens

Nolan Sparks 0.22 regular season ERA, along with a 5-1 record, placed him at the top of the class in the Perfect Game Collegiate Baseball League.

The Muckdogs' ace was named Pitcher of the Year for the 2022 season after helping Batavia win the Western Division crown.

Sparks led the league in ERA and was second in wins. 

With a post-season win, Sparks was 6-1 for the year with a 0.38 ERA.  He started nine games, picked up a save, tossed 41 2/3 innings, had 51 strikeouts, and gave up 12 walks and 23 hits.

In seven starts, Sparks didn't surrender a single earned run and in his other two starts, he surrendered only one run.

Sparks is from Aurora, Colo., where he was valedictorian at Cherokee Trail High School. He is entering his junior year at the University of Rochester.

Photo by Howard Owens.

Two men indicted on murder counts in deaths of two men at Alexander dairy farm

By Howard B. Owens
Prince Wilson Raul Cruz

A Genesee County Grand Jury has indicted two men of murder for the death of two dairy farm workers in Alexander in March.

Raul Cruz, 18, of Warsaw, and Prince Wilson, 23, of Albion, are both charged with murder in the first degree, murder in the second degree, arson in the second degree, and petit larceny.

They both face a minimum prison sentence of 15 to 40 years in prison if convicted.

They are accused of killing Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander on March 11.

Morales was 30 and Hernandez, 29.  Both were born in Mexico and had been employed in the U.S. for an unspecified amount of time.

Deputies responded to the dairy farm at 9:59 p.m. March 11, when dispatchers received a report of a disturbance in a bunk house. A short time after deputies responded, smoke was seen coming from the bunkhouse and Alexander Fire was dispatched. The fire was quickly extinguished. 

Deputies found two victims dead inside the bunkhouse.

 Cruz and Wilson are accused of killing Morales and Hernandez, of setting the fire, and of stealing cash, a suitcase, a laptop, and other personal property.

Previously:

Law and Order: Buffalo man accused of falsely reporting his own kidnapping

By Howard B. Owens

Terrance Leon Dandridge, II, 26, of Brisco Avenue, Buffalo, is charged with falsely reporting an incident.  Dandridge was arrested following an investigation into an incident at 4:38 p.m., Aug. 6, on Route 98 in Elba. Deputies investigated a claim by Dandridge that he had been kidnapped from his residence in Buffalo and driven to Elba and left tied up in his vehicle before he was able to escape and was discovered in the roadway.  Dandridge suffered no apparent injury but was transported to an area hospital for evaluation. Dandridge is accused of making up his claims of being kidnapped and tied up.  He was issued an appearance ticket.

Eric Peter Doleman, 52, of Kilian Road, Pembroke, is charged with petit larceny. Doleman is accused of shoplifting at Price Shopper on Lewiston Road, Batavia, at 2:45 p.m., Aug. 3. Doleman allegedly placed an item of merchandise in his pants prior to walking out of the store without paying for the item. He was released on an appearance ticket.

Geovanny Lopez, 33, no address provided, is charged with felony DWI, aggravated unlicensed operation, circumventing an interlock device, and speeding.  Lopez was stopped at 12:32 a.m., Aug. 4 on I-490 in Le Roy by Deputy Jeremiah Gechell.  Lopez was released on an appearance ticket.

(Name redacted upon request), 47, of Alexander Road, Alexander, is charged with criminal contempt 2nd. xxxx is accused of using text messages, Facebook Messenger, and voice mail to contact a person he was barred from contacting by court order on July 16. xxxx was arraigned Bethany Town Court on Aug. 7 and ordered held in the Genesee County Jail on $2,500 bail, or $5,000 bond, or $10,000 partially secured bond.

Adam Mark Kopper, 35, of Slusser Road, Batavia, is charged with petit larceny. Kopper is accused of stealing $737 from his employer, an unnamed retail store on Veterans Memorial Drive, Batavia, between July 13 and July 16. He was issued an appearance ticket.

Christine Marie Caplis, 42, of Clinton Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Caplis was arrested on a warrant after being observed on a bicycle in the City of Batavaia at 8:34 p.m., Aug 13. At the time of her arrest she was allegedly found in possession of a narcotic. She was arraigned in City Court and ordered to appear again on Aug. 18.

Robert Drewry, 56, of Sycamore Street, Buffalo, is charged with petit larceny. Drewry is accused of stealing money from a vehicle on Harloff Road, Batavia, at 6 p.m., June 8.

Anthony S. Brooks, 32, of Batavia, is charged with burglary 2nd, unlawful imprisonment 2nd, and criminal mischief 4th. Brooks was arrested after a report of a disturbane on Highland Park at 6;10 p.m., July 31. He was jailed on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Brian M. Clark, 45, of Batavia, is charged with petit larceny. Clark is accused of stealing alcohol from his employer and consuming iit while at work at 4 a.m., July 23, on Ellicott Street.. He was issued an appearance ticket.

Leonard E. Aguayo, 35, of Rochester, is charged with criminal trespass 2nd.  Aguay0 is accused of opening a window of a residence on Ellicott Street at 3 a.m., July 28, and throwing an object at a person inside. He was arraigned in City Court and released on his own recognizance. 

Katherine J. Briggs, 43, of Batavia, is charged with criminal contempt 1st. Briggs is accused of contacting a person in violation of a court order. She was issued an appearance ticket.

Karrie A. Morrow, 39, of Batavia, is charged with petit larceny. Morrow was arrested on Aug. 5 on a warrant related to an incident reported at 12:30 p.m., July 12 at a location on West Main Street, Batavia. Morrow was arraigned in City Court and released under supervision. No further details released.

Dustyn W. Wilcox, 37, of Batavia, is charged with harassment 2nd. Wilcox is accused of threatening a neighbor during a dispute reported at 7:07 p.m., Aug. 10, at a location on Wood Street, Batavia. He was issued an appearance ticket.

Gregory W. Houseknecht, 31, of Batavia, is charged with harassment 2nd and menacing 3rd. Houseknecht is accused of threatening to harm people and menacing them during an argument reported at 5:09 p.m., Aug. 8, at a location on Oak Street, Batavia. He was arraigned in City Court and ordered to return to court on Aug. 18. Houseknecht was arrested again at 12:30 a.m., on Aug. 9, on East Avenue, and charged with criminal contempt 2nd for allegedly violating an order of protection stemming from the earlier incident. He was arraigned in City Court and ordered held on bail.

Timmy J. Frazier, 65, of Tonawanda, is charged with trespass. Frazier was allegedly at a business on East Main Street, Batavia, at 11:48 a.m., Aug. 8, and refusing to leave. When police arrived on scene, he was again advised to leave the property and refused to do so.  He was arrested. He was released on an appearance ticket.

Benjamin A. Boyce, 41 of Batavia, is charged with dog running at large. Boyce is accused of failing to maintain control of his dog and letting it run loose in a neighbor's yard at 4:34 p.m., Aug. 3. He was ordered to appear in City Court on Aug. 23.

Jason H. Freeman, 40, of Batavia, is charged with obstruction of governmental administration. Freeman is accused of failure to appear in court on the charge, which stems from an incident reported at 5:56 p.m., May 22. Freeman was arraigned in City Court and released under supervision.

Three arrests reported at Outlaw Festival at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Outlaw Festival Concert at Darien Lake Performing Arts Center on August 14, 2022:

Anthony M. Digangi, 32, of Big Tree Road, Wales Center, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return

Cassandra M. Morales-Diaz, 32, of Orchard Road, Silver Springs, is charged with harassment 2nd after allegedly grabbing another patron by the neck causing a minor injury.

Donald K. Lasker, 53, of Springville Avenue, Amherst, is charged with harassment 2nd after allegedly pushing a Live Nation employee in the chest and neck.

The Batavian Sessions: Flashback performs Lodi in the Elba Village Park

By Howard B. Owens
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Flashback plays "Lodi" during the First Presbyterian Church of Elba bicentennial picnic in the Elba Village Park on Saturday.

First Presbyterian Church of Elba celebrates bicentennial with picnic

By Howard B. Owens

The last time the First Presbyterian Church of Elba had its property lines surveyed, Ulysses S. Grant was president.

That's just one measure of how much history has passed since the church's founding 200 years ago.

"Two hundred years is a long time for a small church in a rural community to be able to hang in here," said the current pastor, Rev. Barbara Tipton (inset photo). "They have seen the Civil War and the Depression and World War I, World War II, all that history they have gone through and watched the history of this country and the development of this country."

That long history shows the spirit of the people of Elba, Tipton said during a bicentennial celebration picnic in the Elba Village Park on Saturday. The picnic included live music, food served by Elba's Boy Scouts, a petting zoo, a balloon artist, and a bounce house.

"They've been through several fires and rebuilds and they still hang in there," Tipton said. "They're tenacious. They need to be in a community like this that has seen all kinds of changes. They're salt of the earth. They have the muck in their blood. The nature of farming makes you strong."

The church is healthy, Tipton said, with about 100 members and strong regular attendance from much of the congregation. Tipton has led the flock for 15 years, making her the third-longest tenured pastor in the church's history.

"We're fortunate that we have a choir director and an organist," Tipton said. "Many churches our size don't have that, and our members contribute to their community through food pantries and special offerings. They are generous people when it comes to answering a need, and expressed needs when people have them, within their limitations. They do the best that they can out of generosity of spirit. You have to admire that."

Photos by Howard Owens

Michele Keberle makes friends with a calf born earlier Saturday morning.

Democratic Socialists host anti-fascist 'teach-in' at Austin Park

By Howard B. Owens

As the ReAwaken America Tour's stop at Cornerstone Church in Batavia wore on during its second day on Saturday, members of the Democratic Socialists of America gathered in Austin Park for a "teach-in" about fascism. 

There were about 40 people at the gathering.

The Batavian was present for a talk by Rev. Jennifer Butler, author of the book "Who Stole My Bible?"

Butler said what drew her to Jesus Christ was his radical message for his times, resisting the Roman government and the Pharisees. 

"Who stole my Bible? Christian nationalists stole it," Butler said. "What do we need to do to reclaim Scripture as a handbook for resisting tyranny? Scripture, when you read it the right way, is actually a radical book."

Starting with Constantine, Butler said, people with a lust for power and the power of the state have been distorting the message of Christ to their own ends.

"Ever since then, there's been this tendency, as there is throughout history with all religions, and in all contexts to co-opt religion in order to control people," she said. "It started with Constantine. We saw it during the Crusades. We saw it under Hitler."

She said today there is a global movement with impetus from Putin's Russia to use religion to promote authoritarianism.  

"These global oligarchs and global authoritarians are weaponizing religion and relating to each other globally to enrich themselves and to strengthen their own power," Butler said. "They're kind of like global crime syndicates that are also abusing and using religion to control people."

The strategy employed by authoritarians is to divide and conquer, Butler said. They manipulate people's emotions.

"I think first and foremost, in the people who are getting drawn in, it's fear. Fear gets weaponized. That's why actually, Scripture -- sorry to quote Scripture so much, because I know Christianity really pisses people off -- but the Bible says over and over again, perfect love casts out fear."

Warsaw man dies in crash in Le Roy

By Howard B. Owens

A 66-year-old man from Warsaw died yesterday as the result of injuries sustained in a crash on Route 19 in Le Roy at 1:20 p.m.

Following the accident, Duane R. Hamill was transported to Strong Memorial Hospital where he was pronounced dead.

According to State Police, Hamill was driving a 1994 Ford F-15o pickup truck southbound on Route 19 when the truck swerved into the oncoming lane and struck a 2015 Chevrolet Trax.  The pickup truck exited the roadway and overturned, ejecting Hamill.  

The name of the other driver was not released by State Police. That person was transported to Strong with non-life-threatening injuries.

The investigation is ongoing and is being conducted by the NYSP Collision Reconstruction Unit and the Bureau of Criminal Investigation.

Nancy Mortellaro honored for lisianthus garden at Richmond Memorial Library

By Howard B. Owens

Nancy Mortellaro just loves lisianthus flowers.

She told The Batavian two years ago, "I think they’re gorgeous. They look like roses. They’re gorgeous and they last a long, long, long time in a vase."

She has been buying seeds and planting lisianthus plants in a garden bed outside tof he Richmond Memorial Library for five years. Today, she was honored by the library's Board of Directors with a plaque naming the garden in her honor.

"Nancy Mortellaro's dedication to the Batavia community has been exemplary," Board President Gregg McAllister said. "All of us as residents of this community are beneficiaries of her vision and energy through her involvement in several organizations. She particularly has been a dear friend of the library, always interested in what is going on here, and being involved and supportive."

Library Director Bob Conrad brought about some laughs with his telling of a story about the garden's popularity.

"Not to pat my own back or toot my own horn," he began, "but our new library cards with this beautiful 1895 building photographed by a local photographer, is a great new logo, I basically deserve all the awards. And instead, I got one phone call. One angry phone call saying, 'Bob, I wanted a library card with the lisianthus garden on it.'

"I'll tell you in a community of 19,000, you can't make everyone happy. The lisianthus garden seems to. Thank you, Nancy."

Mortellaro thanked all of the volunteers who have helped her over the years, and said she was honored and happy that the community has expressed so much appreciation for the garden.

Bob Conrad unveils the garden plaque.

Nancy Mortellaro, sitting, center, with her family, in town this weekend for a family reunion.

Humor and dedication earn Anne Iannello Volunteer of the Year award at Richmond Memorial Library

By Howard B. Owens

After 30 years away -- with her husband Rick, working as a nurse in Albany -- when Anne Iannello returned to Batavia in 2017 for retirement -- she gravitated to the Richmond Memorial Library.

After all, it's a place of childhood memories.

Soon, she was drawn to the Friends of the Library and started looking for a volunteer opportunity.  She met Lucine Kauffman, head of the Library Visits program, who assured her she would love being a Library Visits volunteer.

"It's easy," Kauffman told Iannello.

"All you have to do was go out and deliver some books, chat up a little bit of conversation, check in with them," Iannello recalled Kauffman telling her. "Again, it's very easy."

A couple of Iannello's "easy" deliveries included bringing books during the pandemic to an elderly shut-in who told Iannello to come to her dining room window at the side of the house.  

"So after we went through some pricker bushes, the window finally it started to rise up slowly and out came a fishing net," she recalled. "Now, I would have someplace to put the books.  So, of course, again, I get some scratches from the pricker bushes wrapping the books in the fishnet, but once that was all set, I was like, 'hey, I can do this.'"

Another "easy" assignment was bringing some books to a woman who informed Iannello after she arrived in the woman's apartment that she needed to get her cat to the vet.

"Speaking of scratches," Ianello said at the beginning of her story, "if you know or have a cat, you know the cat's wonderful. It's the difficulty of getting them and chasing them in a small apartment and putting them in a box that's probably the worst part. She certainly let me know that. But there was a great outcome. So that was good as well."

Iannello's sense of humor and good cheer, along with her hard work and dedication, is why she was given the Friends of the Library Volunteer of the Year Award on Saturday.

"You make a difference when you volunteer," said Kathy Zipkin, president of the Friends Board of Directors. "You make life better for so many by delivering books and movies and by simply being a good listener with compassion. When you give your time to helping others, it shows your kindness, generosity, and quality, and character. I want you to know just how much your dedication to volunteering is so greatly valued by so many here at the library and beyond."

Iannello recommended the "easy" Library Visits program to anybody who wants to volunteer in the community.

"This is such a wonderful program, to reach out to these seniors in the community that are unable to come to the library, so we could bring the library to them," she said. "It's so important."

Photo: Anne Iannello and Samantha Basile, community and adult services librarian, with the plaque that now also contains Iannello's name as a volunteer of the year for 2022. Photo by Howard Owens.

Demolished mobile home reportedly on fire in Bethany

By Howard B. Owens

A mobile home that was torn down is now reportedly on fire at Clipknock Road and Torrey Road, Bethany.

There is no exposure to other structures.

Bethany Fire and Stafford Fire dispatched.

UPDATE 11:34 p.m.: A first responder reports no smoke or fire. "The trailer is completely gone. There's a dumpster. There's no fire at all."  Both assignments can go back in service.  The "fire" was reported by a passerby.

UPDATE 11:42 p.m.: Now Bethany and Stafford are dispatched to 9525 Clipknock Road for the report of an unattended controlled burn, a brush fire.

New report addresses growing crisis in county's fire and EMS coverage

By Howard B. Owens

There is a crisis brewing in fire and EMS coverage in Genesee County, but it's invisible to most area residents, according to a report released this week by the Office of Emergency Management.

The report was prepared by Municipal Resources, a consulting firm hired to review the state of fire and EMS services locally and recommend changes.

"The challenges that are facing the fire and EMS services in Genesee County are very real; there is a crisis that is slowly building, and has been for a considerable period," the report states. "The reason that many stakeholders, municipal leaders, and the general public do not see 'evidence' is the long tradition in both the fire and EMS services of 'getting the job done.'

"Looking ahead," according to the report, "the implications of not taking action will be quite simple: service levels will continue to diminish, some companies and EMS agencies may fold under financial pressures or because they are just not viable responders any longer, and fewer and fewer most likely aging volunteer members will be trying to respond to an increasing number of requests for service."

The 278-page report contains 95 recommendations to improve services and ensure the long-term viability of fire and EMS services in the county.

The report was presented to local media for the first time on Wednesday night at the Fire Training Center on Bank Street Road in Batavia by members of a task force formed two years ago.  The members, which included volunteer firefighters, elected officials, and Tim Yaeger, emergency management coordinator, set a goal of finding actionable recommendations on how to improve things and not just produce another study.

The goal is not a countywide fire service
The purpose of the report as some have assumed, said task force chairman Eric Weis (president of the Bergen Fire Department), is to push through a replacement of the current volunteer fire department system with a paid, countywide fire department.

He noted the report contains this statement: "It should be clearly understood by all stakeholders that the focus of this report is to augment and not supplant existing fire and EMS resources. Therefore, recommendations are focused on better utilization of existing organizations and resources while maintaining, supporting, and strengthening existing organizations."

Weis put the same sentiment in his own words.

"The volunteers are the backbone of the emergency services in the county," Weis said. "This is not intended to, again, take away from that. It's intended to enhance it. And I also want to say that, yes, there are issues, but, you know, the members of the volunteer departments in this county put forth a hell of a lot of effort every day. I think the needs are being met."

The biggest challenge for fire departments and EMS companies in Genesee County is the nationwide decline in volunteerism.  Genesee County is not unique.  People are much less likely to volunteer for anything, let alone service as demanding as firefighting or emergency medical assistance.

The report states:

The only reason why the challenges the system is facing both today and looking to the future are not more evident is because of the passion and dedication of the members of the county’s fire and EMS organizations who continue to answer the calls for service. But the number of active volunteers is declining in the county as they are everywhere, and many of those who remain are aging. 

 

The crisis of volunteerism
The report anonymously quotes a volunteer chief, "Volunteerism is being killed by social changes and increasing training standards for liability reasons. With fire call volumes being low and EMS requests high, we are at the point of high-risk low frequency events being a large concern. People don’t want to put in the time to train to fight one or two fires annually."

Long gone are the days when a young person could volunteer for the local fire department, be handed a helmet and coat, and start showing up at fire scenes. Now volunteer firefighters must go through hours and hours of training just to get started, and dozens of hours more every year to advance their skills.

And "volunteer" means they don't get paid for any of that time, either training or responding to incidents.

"I think most people in the community have no idea the amount of hours that they (volunteers) commit to this job," said Yaeger (first inset photo). "They are many hours away from home, away from family, away from work, to get this job done. 

"I think many citizens probably assume that volunteers are compensated to some extent," Yaeger said later. "And other than food and refreshments at a training or after an event, there is no compensation."

Among the 95 recommendations offered by Municipal Resources is finding some way to make some sort of compensation possible, be it monetary, health insurance, or gift cards to local businesses. But that isn't possible currently because state law prohibits any compensation to volunteer firefighters.

County Legislator Gordon Dibble, who served on the task force, said he and his fellow elected officials are ready to try and tackle that problem, which means going to the state Legislature to change the law statewide or working with Assemblyman Steve Hawley on a change in the law allowing Genesee County to become the first county to compensate volunteer firefighters and EMS personnel.

"I don't think we've (the Legislature) talked about that," Dibble said. "We haven't come to that, but I could agree with you that might be a way to go. It might help our situation. It starts somewhere and sometimes it starts with a small tiny county government that moves it up through the state."

Compensation needs to be an option
New York needs to catch up with other parts of the country, Yaeger said, when it comes to compensating volunteer firefighters.  In other parts of the country, volunteers aren't paid wages as much as they are provided pay on a per diem basis.

"They're being paid a stipend," Yaeger said. "They're being paid to be on-call. They're being paid to go to training. They're not making what a career firefighter is making, because they're just being paid or compensated when they're performing a duty for the community. That's something else that we need to pursue. And that needs to happen sooner than later because it's just inevitable."

One option to make volunteer firefighting less of time management challenge is to give volunteers on-call schedules so they know when its their turn to respond to any calls that come in and are prepared to respond.

"I did get some feedback from a friend of mine in the department who said with his job, it's tough for him to come on a whim on a call at certain times of day," said Weis (second inset photo). "He's working constantly. But if he had a set day, where he knew that he was on duty, his eyes opened up to that. That is something that would make being a volunteer more efficient."

The EMS crisis
The report also highlights the challenges facing ambulance providers, whether the all-volunteer services provided by departments such as Byron, Bergen, Alexander, and Bethany, or the paid-personnel services, what Yaeger refers to as "commercial," such as Le Roy Ambulance and Mercy EMS.

Currently, the mixture of volunteer and commercial EMS services are keeping response times in most of the county under four minutes for basic life support calls and eight minutes for advanced life support.

These are critical numbers when the calls are for cardiac arrest (less than two percent of EMS calls) or stroke.

The report states:

Heart attack and stroke victims require rapid intervention and care, and transport to a medical facility. The longer the time duration without care, the less likely the patient is to fully recover. Numerous studies have shown that irreversible brain damage can occur if the brain is deprived of oxygen for more than four minutes. In addition, the potential for successful resuscitation during cardiac arrest decreases exponentially, 7 to 10%, with each passing minute that cardio-pulmonary resuscitation (CPR) or cardiac defibrillation and ALS intervention is delayed. Few attempts at resuscitation after 10 minutes are successful. 

Keeping EMS services staffed is both a challenge for volunteer departments and Mercy EMS and Le Roy Ambulance.  The training hours to qualify as a crew member can be up to 150 hours and the duty is hard and often puts EMTs in harm's way. 

Mercy EMS recently went through a staffing crisis that required assistance from services from outside the county and the turnover in personnel is frequent, with employees either finding the work isn't for them or using their training and experience as a stepping stone into a career as a paid firefighter.

"The environments that they're working in are not the best environments," Yaeger said. "People don't need to know what some of those environments are but it's a dangerous job. They're exposed to a lot of things that they probably shouldn't be exposed to."

In New York, as in most of the country, ambulances are not considered an essential service, like police and fire services.  Municipalities are not required to provide EMS coverage.  The report suggests that needs to change.

Among the consultants' recommendations, as one option, is the creation of a countywide EMS service.

This model would have the county assume all EMS response and transport responsibilities for EMS. The county would have to hire full-time personnel and purchase all equipment and vehicles to staff four units. These units would need to be housed in strategic locations across the county to meet response time benchmarks county wide. While this concept is relatively new in New York state, several counties have either implemented this type of service or, are exploring the concept. 

Countywide cooperation
While the report doesn't call for a countywide fire service, there are recommendations for standardizing operations.  That means establishing compatible Standard Operating Procedures across all departments so that when departments are working together, they're all using the same tactics and methods.

"Everyone in the fire service knows that we're already responding regionally," Yaeger said. "So how do we formalize that to make sure that everybody is on the same sheet of music? How do we make sure that the funding sources are there and available for all those resources to come in so we're not duplicating resources, we're not duplicating equipment?"

Getting everyone on the same sheet of music could eventually lead to a countywide department, but that won't happen any time soon, Yaeger said.

"Thirty years from now, 20 years from now, could there be a county-wide fire service? I won't be here to see it. Not in this position. But sure, it could happen," Yaeger said. "It takes time to see if it's even necessary. It may not be necessary. We may find that there are ways to work together and make our system better without forming a countywide service."

Going forward
With 95 recommendations, there is a lot for all the stakeholders to consider what priorities should be tackled first.  That process will involve everyone at all of the departments as volunteers read the report and come back with recommendations.

Task force members say that so far, the report has been received favorably, but they know that there will be those who resist change of any kind.

"(Somebody) coined the phrase that 'firefighters say the two things they hate the most are the way things are, and change,'" Yaeger said.

Weis said he hopes to see each department provide the task force with five, 10, or maybe 15 priorities from the 95 recommendations. The task force will use that feedback to come up with 10 to 15 action items to tackle first.

"We really want feedback first from the departments," Weis said. "Before we kind of settle on the 10, or maybe 15, before we settle on those, we want the feedback from departments. We don't feel we want to just dictate the solution."

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Top photo: Six members of the task force, from left,  Eric Weis, president, Bergen Fire, Mike Heale, chief, Elba, Bob Mruzak, fire chief, Bergen, Tim Yaeger, Genesee County Emergency Management Coordinator, Gordon Dibble, Genesee County legislator,  Donna Hynes, supervisor, Town of Elba. Not present and not pictured, Legislator Greg Torrey and Pavilion Supervisor Robert LaPoint.

Photos by Howard Owens

Opinion: Cornerstone Church is not risking its tax-exempt status by hosting the ReAwaken America Tour

By Howard B. Owens

Calm down, people. I see your comments on social media. 

Paul Doyle and Cornerstone Church in Batavia are not jeopardizing the church's tax-exempt status by hosting the ReAwaken America Tour, no matter how political you may believe the event to be.

And no matter how odious you may find it.

The activity is protected by the First Amendment, and that is good for all of us.

Here's what the IRS says about political activity and nonprofit status:

  • the organization must be organized and operated exclusively for religious, educational, scientific or other charitable purposes;
  • net earnings may not inure to the benefit of any private individual or shareholder;
  • no substantial part of its activity may be attempting to influence legislation;
  • the organization may not intervene in political campaigns; and
  • the organization’s purposes and activities may not be illegal or violate fundamental public policy. 

The First Amendment protects free speech and was written with the specific intention of protecting political speech.

From the earliest days of the republic, churches received tax-exempt status because of the belief that religious institutions should be free from government entanglement.

The Establishment Clause cuts two ways -- no government-mandated religious belief for individuals and no government interference in religion.  

Taxation leads to government entanglement.  Think for a moment about the damage an unsavory government agency could do if it had an audit or enforcement power over churches.  

Tax-exempt status isn't some government charitable contribution to religious organizations, or even an attempt to help them make more money to serve some mission that benefits society (though that is part of it).  It's primarily designed to keep the government from interfering with religious freedom.

We lose sight of that original intention because religious organizations operate under the same tax-exempt status as every other nonprofit organization.  That is by design because, again, the government must remain neutral on the question of religious freedom, and by applying the same rules to religious organizations and secular organizations, they ensure neutral, objective standards are being applied equally.

The IRS is very clear -- endorse candidates, lobby for legislation, and you're engaged in impermissible political activity.  

But no nonprofit is prohibited from hosting a political event or speaking out on political matters (though most are loathe to do so out of fear of the IRS).  Such a prohibition would violate the First Amendment rights of the organization and its members.

But the government, through IRS, has created a firewall between nonprofits and political campaigns to prevent potential corruption, the potential abuse for political purposes of nonprofit status.

There are some in the religious community, such as Pastor Jim Garlow, at Skyline Wesleyan Church in La Mesa, Calif. (a church I used to attend many, many years ago, when John Maxwell was pastor), who believe that the IRS rule violates religious freedom.

The problem with Garlow's position on changing the IRS rule just for churches is that it would diminish the concept of equal treatment of all nonprofits.  That could lead to the end of all prohibitions on campaigning and lobbying for nonprofits if the IRS is to remain neutral in how it enforces such rules.

Without government neutrality, religious freedom is jeopardized.

Which is why Cornerstone Church's political activity this week is an activity we should all defend if we really cherish our liberties.  We may find some of the content of the speeches offensive and odious. We may see the ideas advanced by some of the speakers as a threat to our democratic republic.  But it's all free speech.  And the best defense against speech we find distasteful is more speech. It is not calling on the government to censor the speakers or using the government to deprive them of their platform.

As much as Donald Trump's name gets bandied about, he is not currently an official candidate for any office, so speaking favorably about Trump is not a violation of the IRS rule. Of course, even if he was a candidate, speakers in a religious venue can still speak favorably of him without telling people to vote for him (an endorsement).  There is no evidence that speakers at the Tour are using the Tour to call for legislative changes (the other IRS portion of the rule).  While there is a lot of pray and praise in the remarks at the rally, it is clearly a political rally, but a Constitutionally protected political rally.

By the terms of IRS rules and the Bill of Rights, that's OK.

On social media, links to the IRS's complaint site have been repeatedly posted by some people.  It's ironic that people who think the speakers at ReAwaken America want to impose some sort of dictatorship are calling on the rest of us to use the power of the state to try and shut up their political opponents.  That's calling for government censorship and that is just as objectionable as any belief anybody may have about what these speakers stand for.

If you don't like the Tour, use your free speech right to speak out. Hold your own rallies and press conferences, as some have done. Feel free to say you don't want RAT in our community because you think it makes our community look racist, uneducated, and backward (if that's what you believe).  Tell Paul Doyle he shouldn't have brought RAT into Batavia (if that's what you believe). But don't expect the government to shut down an event or organization you don't like. That's just authoritarianism under another banner.

Two people shot in Batavia, no life-threatening injuries reported

By Howard B. Owens

Press release:

On August 12th at 4:14 PM, Batavia Police responded to the area of Elm Street and East Main Street for a reported shooting. Upon arrival, BPD officers located two victims in the area. Both victims were treated by the City of Batavia Fire Department and Mercy EMS. MercyEMS transported one victim to UMMC with non-life threatening injuries and one victim was treated on the scene. BPD is actively investigating the incident at this time, however has determined that there is not an ongoing threat to the safety of the public or residents in the area.

Anyone with information in regards to the incident is asked to contact Detective Ivison at (585) 345-6350, or contact BPD through the confidential tip line at (585) 345-6370.

As thousands gather for ReAwaken event, pastors across town speak out against Christian Nationalism

By Howard B. Owens

Christian Nationalism is a threat to freedom and the American way of life, a group of pastors told a small gathering in a parking lot behind the First Baptist Church in Batavia this morning, while across town about 3,000 people were gathered at Cornerstone Church for the ReAwaken America Tour.

Among the speakers at First Presbyterian was Rev. Nathan Empsall, an Episcopal minister and director of Faithful America, an online organization that Empsall said puts its faith in action for social justice and love.

"Christian Nationalism, is defined by researchers and academics as a cultural framework and a political ideology, a political world worldview, not a religion," Empsall said. "Christian Nationalism, is the merging of the national American identity with a religious identity, making them one in the same, saying you aren't a real true American unless you're a conservative Christian. The hallmark phrase of Christian Nationalism is that America is a Christian nation. That's not true, of course. We are a pluralistic nation."

Empsall said Christian Nationalism is a threat to freedom in America.

"The goal of Christian Nationalism is not to follow Jesus," Empsall said. "The goal of Christian Nationalism is to seize power, political power, at any cost, no matter who you have to hurt along the way. No matter how many rights you have to take away from other groups, no matter how many elections you may have to try and overturn despite the will of the voters. It's typical of authoritarian movements in this regard."

He tied many of the speakers at the Tour event to the Jan. 6 insurrection, when Donald Trump supporters stormed the capital to try and overturn the presidential election results. 

He suggested that while the ReAwaken America Tour may not be explicitly violent, it does builds the framework for future political violence.

"When we talk about the threat of violence, we're not saying ReAwaken America is a bar and at the end it's gonna have a drunken brawl in the parking lot," he said. "You might not see violence today. What we are worried about is another January 6 happening, but perhaps not in the nation's Capitol, perhaps in every town or local state capitals when elections don't go the Christian nationalist way next time.

"When you raise the stakes as high as they come and demonize your opponents in God's name, you don't have to tell people to commit violence," he added. "They connect the dots."

That said, he is ready to embrace Mike Flynn and Roger Stone, he said, two Trump allies and former advisors speaking at the Tour event, as brothers in Christ.

"Now look, if Mike Flynn and Roger Stone, and the pastors who are with them today, tell me that they are Christians, I believe them," Empsall said. "I don't know their relationship with God. I don't know their heart. I do not doubt them. But I do know that their actions and their words are not Christian actions. They are not Christian words.

"So this morning," he added, "as we hear all the lies from Qanon 2.0 about public health and about democracy -- we ask them to know the truth for the truth shall set you free. We say to Clay Clark and Mike Flynn, 'brothers, don't bear false witness. Come home like the prodigal son.' We follow the Prince of Peace. We love our neighbors. We don't call them Team Satan because they don't share our politics or because they share a different approach to our faith or to faith itself."

Rev. Roula Alkhouri, the pastor of Batavia First Presbyterian Church, hosted the event.

"Our hearts are broken," she said. "Because of the damage this tour, this ReAwaken America Tour, has already caused around our country, using the cover of religion to sow division and hate. I have experienced this kind of hate personally since I started speaking up and saying that we shouldn't have this here, this kind of language and this kind of hate-inciting event. I've received a lot of hate for this."

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