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Senator Schumer pushes VA to complete land acquisition, begin national cemetery construction

By Billie Owens

Press release:

U.S. Senate Minority Leader Charles E. Schumer on Thursday called on the U.S. Department of Veteran Affairs (VA) to complete final acquisitions for two 60-acre and 77-acre parcels in Pembroke and then swiftly act to begin construction of the New Western New York National Veterans Cemetery.

Currently, the VA parcel is 132 acres devoted to a veterans' cemetery. The acquisitions of the two new parcels would effectively double the size of the cemetery and would clear the way for construction of a new veterans’ cemetery in Genesee County, which will be the first and only of its kind in the Buffalo-Rochester area and will save thousands of military families from having to travel upward of 100 miles to visit their loved ones at what is now the closest vet cemetery in Bath, NY.

Schumer said it is vital the VA complete these acquisitions and commit to begin the cemetery’s construction this year.

“The acquisition of these two land parcels clears the way for the construction of the newest veterans’ cemetery in Pembroke. Making this cemetery a reality has been and remains one of my top priorities, and I will keep fighting to ensure that this project comes to fruition,” Senator Schumer said.

“It is now time for the VA to do its part to clear these final roadblocks so we can move to the construction phase ASAP; this cemetery's construction guarantees Western New York’s military veterans will have the proper burial, at a site close to the homes, families, and the very communities they dedicated their lives to defend and serve.”

Schumer explained the new cemetery design calls for the main entrance to be built through this 60-acre parcel of land so that veterans, their families, and cemetery visitors can access the cemetery from Indian Falls Road, rather than via the busy State Route 77 corridor. Schumer said both parcels are located adjacent to the existing 132-acre cemetery site were purchased by the VA in 2014.

The VA had advised last year that before the VA’s could acquire these two parcels needed to begin the cemetery’s construction, a buried gas line that traversed the 60- and 77-acre parcels needed to be plugged and then relocated. With this gas line work completed in December 2017, Schumer said it is time for the VA to finalize these acquisitions so that cemetery construction can begin this year.

Schumer added the 60- and 77-acre parcel will greatly expand the cemetery’s operational life and enable the VA to construct a cemetery more aligned with the Department’s initial vision for a 200-acre site. Per the timeline provided by the VA to Schumer’s office in June 2017, the VA aimed to begin construction approximately six months after purchase of the parcels, followed by the opening of the early turnover area for burials a year later in 2019.

Schumer has long fought to make this project a reality. In 2016, Schumer announced that following his push that $36 million in federal funding for the construction phase of the cemetery in Western New York had been included in the final continuing resolution (CR) package.

In December 2015, Schumer launched his push to get the VA to include this critical funding in the VA’s Fiscal Year 2017 budget request, to safeguard against needless delays between phases. In February 2016, Schumer announced the inclusion of this funding in the previous President’s Budget Request was a good sign for Rochester, Buffalo and all of Western New York. Schumer vowed to continue pushing for this critical federal funding to be included in the final appropriations bill. In April 2016, Schumer announced that, following his push, the $36 million in federal funding had been included in the final Senate Military Construction Appropriations Bill for the construction phase of the cemetery.

Schumer said the establishment of the nation’s newest Veterans’ Cemetery in Western New York is a long-sought and well-deserved opportunity to honor the more than 96,000 veterans and family members in this region who will have a proper military burial at a site close to their homes, families, and communities they served and defended.

This veterans’ cemetery will be the first and only of its kind in the Buffalo-Rochester area and will save thousands of military families from having to travel more than 100 miles in some cases to visit their loved ones at what is now the closest veterans' cemetery in Bath, NY. Schumer said the initial difficulties in acquiring this Western New York property took an unusually long four years and, that the final acquisitions will be needed for construction to begin.

According to guidance provided by the VA on cemetery development timelines, it can typically take up to 24 months to complete the cemetery master planning and design process. Following the completion of that phase, the construction phase typically requires 24-30 months to compete, with early-use burial areas made available approximately 12 months after the start of construction.

A list of Schumer’s actions appears below:

·         In February 2016, Schumer announced that the just-released President’s Budget for Fiscal Year 2017 included $36 million in funding for the construction phase of the newest National Veterans’ Cemetery in Pembroke.

·         In December 2015, Schumer launched his push to secure federal funding for the construction phase of the cemetery.

·         In May 2014, Schumer announced that the VA had selected a site for the long-awaited Western New York Veterans’ Cemetery on a 132-acre parcel at 1232 Indian Falls Road in the Town of Pembroke, Genesee County.

·         This was the culmination of years of work beginning in 2009 when Schumer, together with various veterans' groups, led the charge to bring a much-needed veterans’ cemetery to Western New York arguing that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it was long-past time for the 96,000 underserved veterans and family members living in Western New York to have a fitting burial option closer to home.

·         In 2010, the VA responded and announced it would establish a new veteran’s cemetery in Western New York. An updated VA policy dictated the construction of a national cemetery in areas where there are at least 80,000 veterans that reside at least 75-miles from an existing cemetery. In Western New York, there are 96,000 who live up to 100 miles away from the closest National Veterans Cemetery in Bath, NY.

·         In March 2012, after the VA failed to find suitable land to purchase following two separate solicitation attempts, Schumer wrote to then-VA Secretary Shinseki to urge that the VA put forth a clear timeline and path forward to avoid another protracted process that could come up empty. In response, the VA dispatched personnel to Western New York to conduct site visits at several sites in WNY, issued a final solicitation for sites, and developed several candidate sites for evaluation, of which one was the 132-acre site in Pembroke that the VA subsequently acquired.

·         In April 2013, Schumer organized a meeting at Daemen College with local veterans and VA officials to update Veterans on the VA’s timeline and in order for veterans to provide input to the VA.

·         In Sept 2013, Schumer wrote to the New York State Office of Parks, Recreation and Historic Preservation (SHPO) to urge the agency to complete an archeological cultural-resource study required in order for the VA to complete the required approvals needed to close on the purchase of the preferred Indian Falls Road site in Pembroke.

·         In May 2014, Schumer announced that the results of the archeological cultural-resource study determined a finding of “no significant impacts,” thus allowing the VA to move forward on the purchase of the preferred site on Indiana Falls Road later that month.

·         In July 2014, Schumer called on the VA to move forward on plans to acquire the adjoining 60-acre parcel that abuts the current 132-acre site. This would immediately make the cemetery nearly 50-percent larger, increase capacity, and provide better access to the cemetery for veterans’ funeral processions and visitors.

The 132-acre site on Indian Falls Road in Pembroke is located approximately 30 miles from Buffalo and 48 miles from Rochester. The cemetery will provide a fitting burial option to approximately 96,000 currently underserved veterans and family members living in Western New York. Veterans with a qualifying discharge, their spouses, and eligible dependent children may be buried in a VA national cemetery.

Also eligible are military personnel who die on active duty, their spouses and eligible dependents. Burial benefits available for all eligible Veterans, regardless of whether they are buried in a national cemetery or a private cemetery, include a burial flag, a Presidential Memorial Certificate, and a government headstone or marker.

Schumer said more than 96,000 veterans and their families across Western New York from Rochester and the Finger Lakes Region to Buffalo deserve to have this cemetery constructed as soon as possible and without further impediments or unnecessary delays. Schumer said the VA must do its part to overcome the final impediments to this process for the benefit of veterans and their families who call Western New York home.

A copy of Senator Schumer’s letter to the U.S. Department of Veterans Affairs Secretary appears below:

Dear VA Secretary Shulkin,

I write to request that the U.S. Department of Veterans’ Affairs (VA) work to overcome a last remaining impediment to construction of the new Western New York National Veterans Cemetery. Namely, I urge you to complete the acquisition of the 60 acre and the 77 acre parcels in Pembroke, NY that are located adjacent to the existing 132 acre cemetery site purchased by the Department in 2014 and then swiftly act to begin construction this year. As you know, buried gas line work was requisite to VA’s acquisition of these parcels. I understand that this work was completed in December 2017, and I urge you to finalize these acquisitions and commit to begin the cemetery’s construction this year.

The cemetery design calls for the main entrance of the new cemetery to be built through this 60 acre parcel of land so that veterans, their families, and cemetery visitors can access the cemetery from Indian Falls Road, rather than via the busy State Route 77 corridor. Additionally, the 60 acre parcel and 77 acre parcel will greatly expand the cemetery’s operational life and enable the VA to construct a cemetery which more aligned with the Department’s initial vision for a 200-acre site. According to a timeline the Department provided to my office in June 2017, the VA aimed to begin construction approximately six months after purchase of the 60 and 77 acre parcels, followed by the opening of the early turnover area for burials a year later in 2019.

More than 96,000 veterans and their families across Western New York from Rochester and the Finger Lakes Region to Buffalo deserve to have this cemetery constructed as soon as possible without unnecessary delay. I urge you to immediately overcome the final impediments to this process for the benefit of veterans across the region. I thank you in advance for your attention to this matter and appreciate your consideration of my request.

Sincerely,

Charles E. Schumer

U.S. Senator

BPD joins SafeTrade -- U.S. safety initiative for online transactions

By Billie Owens

Press release:

The Batavia Police Department announced on Thursday that it has joined the SafeTrade initiative for safer completion of online transactions.

SafeTrade is a simple program for police and sheriff’s departments to encourage transactions at their facilities; for classified sites to strengthen their safety and security initiatives, and for users to insist on “SafeTrade” by conducting their transactions only at a local police or sheriff’s office.

The Batavia Police Department is excited to partner with SafeTrade to provide a safe location for the residents of Batavia when conducting online transactions. Our goal is to make Batavia a safe community, and to provide unique services to attain that goal. Partnering with SafeTrade is one of those programs. 

The SafeTrade logo can be used (without charge) on any ads posted; by classified websites, newspapers and publications to promote safety and security, and by police departments to indicate they are hosting SafeTrade online transactions.

In the past few months, a number of U.S. police departments have offered to host online transactions, most of them referring to Craigslist as the reason. Participating police departments can now post banners or use logos referring to their facilities as SafeTrade Stations.

Additional information is available at www.safetradestations.com.

NYPL's new general manager for Muckdogs says league committed to Batavia, promises solid fan experience

By Howard B. Owens

Dave Chase is the new general manager of the Batavia Muckdogs and the way Chase sees it, it's a sign of the New York Penn League's commitment to Batavia that a veteran baseball man with his level of experience has been hired to be the team's general manager for 2018.

This season running the Muckdogs will be the 41st in baseball for Chase. His career includes stints with six minor league baseball teams, work in a baseball broadcast booth, a term as commissioner of the Prospect League, 14 years as director of the Minor League Baseball Museum, and 17 years as publisher of Baseball America.

"I've done just about everything in baseball," Chase said. "I've taken on teams that were just starting out and those going through internal changes, so when I heard the New York Penn League was taking over the franchise in Batavia, I reached out to Ben Hayes (president of the NYPL) in early December and told him if he needed somebody to come and unlock the gates every couple of days, I'd be happy to do that."

Chase said he's been hired to do more than just unlock the gates. When asked about the NYPL's commitment to Batavia, he noted the team could have been moved this season or the league could have hired an inexperienced manager to come and unlock the gates on game days.

"My marching orders from Ben Hayes is to make sure we present a solid fan experience and a solid experience for the Marlins players," Chase said. "That could have happened in other places. That could have happened in other places in 2018. But Batavia is where the NYPL wants to be."

Chase steps in to run a team that has had the executioner's ax hanging over it for more than a decade, with every mid-June opening game bringing fans to the ballpark wondering if this could be the final year for professional baseball in Batavia.

In a short conversation, Chase didn't talk like a man coming in to be a caretaker for a final season in Batavia. Though neither did he pretend he could speak for Hayes and the league's directors.

"My primary focus is to take care of the Miami Marlins players and make sure they have a quality experience in Batavia," Chase said. "It's also my job to re-establish the team in the mind of the fans."

For the past 10 season the Rochester Red Wings have operated the Muckdogs but in October, the league declined a request by the Red Wings and the Genesee Genesee County Baseball Club to continue that arrangement.

In December, the Club announced it transfered control of the franchise to the league. If the team is ever sold, 50 percent of the proceeds will go to the Red Wings (which gained a 5-percent share of the sale price during its 10 years of operation of the team), with the league getting 10 percent, and the Club will receive the remainder of the proceeds. The Club retains ownership of the team name and logos.

Chase hasn't visited Batavia yet -- he arrives Sunday and will hold a press conference Monday -- and asked if this was a turnaround effort, he said it was partly that but also partly like running a startup business.

He said it is his understanding that "there's not much left in Batavia."

He noted that there are apparently needs at the ballpark to be addressed, citing specifically the playing field and clubhouses. 

He said the team's loyal fans can expect him to work to deliver a quality ballpark experience.

"I met my wife in Durham (N.C.), so I understand the power of the ballpark," Chase said. "Baseball is not like any other sport. It's all about community. It's about bringing the community together. There are not many cities in the country like Batavia and the team has been there for a very long time, since 1939. We want to make sure the Batavia fans understand this is their team. We want to honor that tradition."

Pete Welker named Officer of the Year for Sheriff's Office

By Howard B. Owens

Investigator Pete Welker, a longtime member of the Local Drug Task Force, was named Officer of the Year by the Genesee County Sheriff's Office during an awards ceremony and luncheon today.

Senior Corrections Officer Kevin D. Wolff received the Distinguished Service Award.

Press release:

Officer of the Year Award – Investigator Ronald “Pete” Welker
Investigator Ronald “Pete” Welker has distinguished himself in the performance of service to the citizens of Genesee County during 2017. His professional skill and devotion to duty has been epitomized in his unfailing dedication to detect and arrest those responsible for drug dealing; his ability to cooperatively work with other agencies, particularly the City of Batavia Police Department; his fundamental orientation to public service and his willingness to teach others.

Investigator Welker’s efforts have made a significant contribution to the overall success of the Genesee County Drug Task Force which, in 2017, has had its most successful year in terms of defendants arrested. During this year, Investigator Welker’s daily performance has been a major contribution to the effectiveness, success and esteem of the Sheriff’s Office.

Investigator Ronald “Pete” Welker has reflected great credit upon himself and the Genesee County Sheriff’s Office and most deserves to be named Officer of the Year.

Distinguished Service Award – Senior Correction Officer Kevin D. Wolff
Senior Correction Officer Kevin D. Wolff has distinguished himself as a member of the Genesee County Sheriff’s Office. Senior Correction Officer Wolff has been a positive force within the jail division. He has taken the lead in training new officers and monitoring the JTO program for the last four years. He has been instrumental in working with New York State Commission of Corrections staff during cycle evaluations and, thereby, helping to obtain and maintain good reviews and good rapport with them.

Kevin has, for the past three years, been working with the New York State Police within their Field Intelligence Officer Program and has provided excellent information both to them and to the department through that venue. Senior Correction Officer Wolff has also recently taken the lead in working with auditors from the New York State Sheriffs’ Association in accomplishing Accreditation of the Jail Division later this coming year.

Senior Correction Officer Wolff’s knowledge and attention to detail have proven to be a great asset to the Department, and through his work, he has distinguished himself and brought great credit upon himself and the Genesee County Sheriff’s Office.

Deputy Ryan Young received a Commendation.

Among the dispatchers receiving commendations were Communications Coordinator Russell L. Lang Sr., Emergency Services Dispatcher Michael T. Sheflin, Emergency Services Dispatcher Nathan L. Fix, and Services Dispatcher Andrew Merkel.

Meritorious Service awards went to deputies Eric Meyer, Kevin Forsyth, Michael Lute, Ryan DeLong.

Meritorious service awards were given to several dispatchers Jason Holman, Steve Robinson, Jenna Bauer and Kelly Smith.

Members of the Local Drug Task Force were honored for their work in 2017, which set a record for arrests. Present were Emily McNamara, from Le Roy PD, Investigator Pete Welker and Sgt. Brad Mazur.

Senior Correction Officer Kevin D. Wolff, center, with his family, Jail Superintendent William Zipfel, Sheriff William Sheron, and Undersheriff Gregory Walker.

Pete Welker with his family and Chief Deputy Jerome Brewster, Sheriff William Sheron, and Undersheriff Gregory Walker.

Longevity awards were given to:

  • Correction Officer Michael A. Cox, 10 years
  • Animal Control Officer Agnes S. Jaroszewski, 15 years
  • Program Coordinator Catherine T. Uhly, 15 years
  • Correction Officer Michael F. Lindsley, 15 years
  • Sr. Emergency Services Dispatcher Robert H. Tripp, 15 years
  • Emergency Services Dispatcher Beth A. Hynes, 15 years
  • Correction Officer Kelly P. Creegan, 15 years
  • Investigator Christopher A. Parker, 20 years
  • Deputy Sheriff Matthew R. Butler, 20 years
  • Deputy Sheriff Lonnie A. Nati, 25 years
  • Deputy Sheriff Dana J. Richardson, 25 years
  • Sergeant Thomas A. Sanfratello, 25 years
  • Undersheriff Gregory H. Walker, 30 years
  • Jail Superintendent William A. Zipfel, 35 years
  • Sheriff William A. Sheron Jr., 40 years

Certificates of Appreciation:

  • Batavia Police Detective James M. DeFreze
  • Le Roy Patrolman Emily J. McNamara
  • Batavia Patrolman Jason A. Davis
  • Batavia Patrolman Frank J. Klimjack
  • Batavia Patrolman Christopher J. Lindsay
  • Genesee County Assistant District Attorney Kevin T. Finnell

Commendations:

  • Deputy Sheriff Kyle D. Krzemien
  • Correction Officer Justin M. Gugel
  • Correction Officer Jason M. Buck
  • Deputy Sheriff James D. Stack
  • Deputy Sheriff Ryan W. Young
  • Deputy Sheriff Jeremy M. McClellan
  • Deputy Sheriff Mathew J. Clor
  • Emergency Services Dispatcher Stephen R. Smelski
  • Emergency Services Dispatcher Zackery W. Czudak
  • Emergency Services Dispatcher Samantha L. Conibear
  • Emergency Services Dispatcher Andrew Z. Mullen
  • Emergency Services Dispatcher Frank A. Riccobono
  • Dog Control Officer Ann Marie Brade
  • Deputy Sheriff Dana J. Richardson
  • Deputy Sheriff Matthew R. Butler
  • Emergency Services Dispatcher Andrew K. Merkel
  • Sergeant Bradley D. Mazur
  • Deputy Sheriff Howard O. Wilson
  • Sr. Emergency Services Dispatcher Michael T. Sheflin
  • Sr. Emergency Services Dispatcher John W. Spencer
  • Emergency Services Dispatcher Nathan L. Fix
  • Correction Officer Vincent S. Maurer
  • Investigator James M. Diehl
  • Investigator Andrew B. Hale
  • Sergeant Eric K. Seppala
  • Communications Coordinator Russell L. Lang

Meritorious Awards:

  • Deputy Sheriff Eric J. Meyer
  • Deputy Sheriff Michael J. Lute
  • Deputy Sheriff Kevin P. Forsyth
  • Deputy Sheriff Ryan M. DeLong
  • Investigator Chad J. Minuto
  • Case Manager Nicole M. Easton
  • Financial Clerk-Typist Tracy L. Ranney
  • Emergency Services Dispatcher Kelly E. Smith
  • Emergency Services Dispatcher Beth A. Hynes
  • Emergency Services Dispatcher Jenna L. Bauer
  • Sr. Emergency Services Dispatcher Jason W. Holman
  • Emergency Services Dispatcher Peggy D. Richardson
  • Emergency Services Dispatcher Steven L. Robinson
  • Principal Financial Clerk Margaret A. Sheelar
  • Sr. Correction Officer Robert W. Mattice
  • Sr. Emergency Services Dispatcher Robert H. Tripp

Pembroke's annual 'Shooting for a Cure' hits new record with $26,000 raised

By Howard B. Owens

When Toni Funke was diagnosed with cancer in 2012, the Pembroke High School girls basketball team, coached by her husband Ron Funke, was inspired to try and raise money to help fight cancer.

Shooting for a Cure! has been an annual event since and each year it gets bigger and bigger.

This year was no exception with the event raising a record $26,000, bringing the total raised since over the past six years to $87,000.

The team traveled to Roswell Cancer Institute in Buffalo today to deliver the donations.

In the game, Oakfield-Alabama beat Pembroke 51-31.

Top photo: Serene Calderon presents Toni Funke with a rose, a halftime ceremony held each year where team members present flowers to community members who have battled cancer or are currently in treatment.

DWI Crackdown planned Feb. 2-5 for Super Bowl Weekend

By Billie Owens

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 Feb. 2nd and will end on Feb. 5th. The Super Bowl is America’s most watched national sporting event and Super Bowl Weekend is historically a deadly period for impaired driving.

New York State Police, County Sheriffs and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to reduce the number of alcohol-related injuries and deaths.

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 www.stopdwi.org/mobileapp. Impaired driving is completely preventable. All it takes is a little planning.

If you’re hosting a Super Bowl party, designate a responsible driver before the game begins. We want fans to remember that it’s a choice. So root for your favorite team; enjoy your friends and family and remember “DON’T DRIVE, GET A RIDE!

The STOP-DWI Super Bowl Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the STOP-DWI Foundation courtesy of the Governor’s Traffic Safety Committee.

The Statewide STOP-DWI Crackdown Campaign also targets St. Patrick’s Day, Memorial Day, 4th of July and Labor Day Weekend, Halloween and the national Holiday Season in December.

Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

Photos: Health fair at Alexander Central School

By Howard B. Owens

Alexander Central School hosted a Health and Wellness Fair on Thursday night sponsored by Alexander United Teachers.

Meghan Ripstein said the organization was looking for a way to give back to the community and she hoped families and vendors would find something at the fair that they could get involved in or find something missing from their lives.

She said the response was beyond expectations.

"We have a great turnout," she said. "We have so many incredible vendors here and so many people have given so much. I’m very impressed and overwhelmed by the support that we’ve gotten."

GCC art show and lecture reveals techniques of Renaissance artists

By Howard B. Owens

More than 25 years ago, artist Michael Price started on a journey to unravel the mysteries of the great painters of the Renaissance, starting with how they used stones and crystals -- called pigments -- to create the colors they brush onto canvas.

In the 14th, 15th, 16th, and 17th centuries there were no tubes of paint.

As Price suggests, painters were the better for it.

No tube of paint can match the luster of ultramarine derived from lapis lazuli, nor the luminance of gray created by grinding stones into the powder and mixing the powder with oil, Price said during a lecture Thursday afternoon in the Roz Steiner Art Gallery at Genesee Community College.

Through the middle of next month, a collection paintings by Price, in a show called "The Chromatic Nude," display what Price has done using Renaissance techniques applied to more contemporary subjects.

Price's work isn't just a matter of using pigment-based paint for his work. He's also studied the geometry of Renaissance arts and applies the Golden Rectangle and Golden Proportions to his own work.

He's written a two-volume book, as well, on these subjects, called "Renaissance Mysteries."

Price, a resident of New York City, is originally from Stoke-on-Trent, England, and he attended the London Central School of Art and Design and Stoke-on-Trent College of Art. He has exhibited worldwide, including solo shows in the Post Gallery in Houston, Texas, Galerie Poller in Frankfurt, Germany, and David Findlay Galleries in New York City.

The YouTube video below covers the same material as Price presented in his lecture at GCC.

Chromatic Improvisation #9: Echo Discovers Her Echo

Chromatic Improvisation #7: Remembrance of Things Past

This is an example of pigments and tools that would have been used by a Renaissance artist -- or more precisely, the apprentice of the artist -- to make paints. From the website of Michael Price.

Law and Order: Corfu woman stopped in Batavia accused of driving with BAC twice the legal limit

By Howard B. Owens

Brandi Ann Watts, 37, of Indian Falls Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, inadequate stop lamp, and possession of an open container in a motor vehicle. Watts was stopped at 2:42 p.m. Sunday on Washington Avenue, Batavia, by Deputy Richard Schildwaster.

Timothy Jon Montesano, 30, of Gilbert Street, Le Roy, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, muffler violation, and failure to stop for stop sign. Montesano was stopped at 10:28 p.m. Thursday on Main Street Road, Batavia, by Deputy Andrew Mullen.

Matthew Ian Thomas Diers, 34, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

David P. Grossman Sr., 34, of State Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He was jailed on an unspecified amount of bail.

Brad Lee Ohlson, 40, of Pearl Street, Batavia, is charged with aggravated unlicensed operation, 2nd. Ohlson allegedly drove to Genesee County probation on a revoked license.

Kirk Anthony Breemes, 29, of Main Street Road, Le Roy, is charged with criminal contempt, 2nd. Breemes allegedly shook a woman causing fear in violation of a court order.

Tractor-trailer involved in accident at Texaco Town

By Howard B. Owens

An accident involving a tractor-trailer is reported in Pavilion at Route 63 and Route 20  

Intitially there was a report of a head injury and Mercy Flight was put on ground standby. A first responder reported only minor injuries.

Pavilion fire and Mercy EMS responding.

State Police in Batavia demo one of 18 drones being deployed across the state

By Howard B. Owens

State troopers have a new tool in their aviation toolbox, Capt. Scott Reichel told members of the media assembled at the Batavia Barracks today, where a new program to deploy 18 drones across New York State was announced.

The first two drones were purchased as a pilot project by the State Police. The next 16 were purchased by the Trooper Foundation and donated to the State Police.

Reichel said the program will be evaluated for efficiency and effectiveness, which could determine whether to expand the program or purchase higher-end drones with more capabilities.

The DJI model being deployed, with all accessories, costs about $7,000 each.

"We picked this model because it's a good, proven platform, good airworthiness, pretty good capability to operate in cold weather, and they're used in cinematography and photography, so they have a good camera system," Reichel said.

They will be used in search and rescue missions and criminal investigations. They will also be tested in accident reconstruction, though that requires the purchase of additional technology, but Reichel said the drones could potentially help get accident scenes clear sooner by speeding up the investigation process.

"One reason we picked this drone is cost," Reichel said. "One of the things we wanted to be able to do was deploy these across the state. It doesn’t do any good for the State Police to have one drone to service the entire state of New York. We were able to acquire 18 of these and we’ll be able to put two in each troop."

There is technology available that could help with locating marijuana grow operations, an operation now handled by state police helicopter pilots, but State Police have not yet purchased cameras with that capability. Nor do the cameras have thermal imaging technology.

"The intention is not really to use these for marijuana eradication at this point," Reichel said. "This is more for support of police operations as they're evolving, more a response-type tool."

The goal is to have four to six troopers in each troop, excluding Troop T, which will be covered by the other troops for drone operations, certified to operate the drones.

To be eligible for considerate, a trooper must first become Part 107 certified by the FAA on his or her own time. If accepted into the program, the trooper will go through another 32 hours of training.

There are policies and procedures troopers must learn and obey. All of the same rules that apply now to searches and privacy will apply to drone pilots, Reichel said.

"As always, we safeguard people’s privacy," Reichel said. "That’s the way the State Police operates. We’ve established a privacy policy that governs our use of the drones. We discussed it with the New York Civil Liberties Union. The drone is not intended to circumvent any legal process that we already comply with, so it’s just another tool in the toolbox."

Zone Sgt. Corey Harmon

Marlek Holmes agrees to deal that will keep him in prison for up to 25 years

By Howard B. Owens
     Marlek Holmes

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

Register now for Universal PreK and kindergarten at Byron-Bergen School

By Billie Owens

Press release:

The 2018-19 school year is fast approaching. Byron-Bergen families with children who have turned 4 or 5 years of age by Dec. 1, 2018 should register them for Universal Prekindergarten (UPK) or kindergarten as soon as possible.

Universal PreK Registration

The Byron-Bergen School District hopes to once again offer a half-day Universal Prekindergarten (UPK) program for the 2018-19 school year. The class will be held at the Byron-Bergen Elementary School, which is located at 6971 W. Bergen Road, Bergen.

Students eligible for the program must have turned 4 years of age by Dec. 1, 2018. If you have a child eligible and are interested in having him/her attend our UPK program, please send a letter of interest by Friday, April 6 with your child’s name, parents’ names, address, phone number, and date of birth to: Brian Meister, Elementary School Principal, 6971 W. Bergen Road, Bergen, NY 14416, by Friday, April 6.

Parents who have already contacted the Elementary School by phone will still need to send in a letter to be eligible for UPK. Please note that if we receive more than our allowed capacity, we will select students using a lottery system.

What are the program goals of UPK at Byron-Bergen?

To meet the NYS learning standards by using a curriculum that is thematically-based and supported using literature, songs and exploration.
To foster an environment that promotes happy, confident children who are willing to take risks, make independent choices, and ask questions.
To create an inclusive community that builds upon the student’s strengths and accommodates his/her needs.

Philosophy of UPK

The UPK program at Byron-Bergen is focused on socialization, learning through play, and self-exploration. Children learn through a hands-on learning environment that includes activities, learning centers, concrete materials, and manipulatives. Students learn through a nurturing environment that is enriching, challenging and developmentally appropriate.

Kindergarten Registration

Children who are 5 years of age, on or before Dec. 1, 2018, are eligible for entrance to kindergarten in September of 2018. New families in the school district should notify the school if they have a child that will enter kindergarten in September of 2018.

Parents may contact the Byron-Bergen Elementary School Office by calling 494-1220, ext. 1301. Information may also be sent to the Byron-Bergen Elementary School, 6971 W. Bergen Road, Bergen, NY 14416.

All children registering for Kindergarten will be scheduled for a screening appointment this summer. The results of this screening will be used to plan for the 2018-19 Kindergarten Program.

The following items are necessary to complete the registration process:

1.       Your child’s Birth Certificate;

2.       Certificate of Immunization—New York State law requires that every child entering school must have received a minimum of five doses of diphtheria-pertussis-tetanus vaccine (DPT) and four doses of polio (IPV) vaccine, two doses of MMR (measles, mumps, rubella), three doses of Hepatitis B, and two doses of varicella (chickenpox). Those children born on or after 1/1/2008 must have four doses of Pneumococcal Conjugate Vaccine (PCV). Their immunizations must be completed prior to entering school;

3.       Proof of Residency—If this is the first time you have a child entering Byron-Bergen Central School District, please bring proof of residency to your screening appointment. This can be a copy of your mortgage statement, rental/lease agreement or a copy of your tax bill.

Financing on Ellicott Station project expected to close in March

By Howard B. Owens

Financing for developer Savarino Companies on the Ellicott Station project should close by mid-to-late March, according to Economic Development Coordinator Julie Pacatte.

Pacatte reported progress on the project to the Batavia Development Corporation board of directors this morning. 

The complicated financing deal to pay for the $18 million development, which includes a restaurant/brewery, apartments, and office space, includes some of Savarino's own money (about $3.5 million), grants, tax credits, and private investment (about $10 million) through a program called a New Market Tax Credit.

Empire State Development has promised $1.9 million for the project and has agreed to release the funding in stages to help pay for the project as it proceeds. ESD will get back 1 percent of the grant money as a "commitment fee."

That grant is administered by the BDC.

There is also a $500,000 grant from the state administered by the City as part of the Restore NY program.

The project will also receive tax abatement through Genesee County Economic Development Center.

There is also one brownfield tax credit already granted through the state because of the environmental cleanup needed at the former Della Penna property.

There is an application pending for the former Santy Tires property.  

Pacatte said the DEC requested more information on the possible environmental contamination on the property, indicating not enough evidence has been presented yet that the property has enough contamination to warrant the tax credit.

None of the environmental tests on the property done so far were taken inside the old repair bays.

"It was a repair shop for 50 years, so there really is no worry that it's dirty," Pacatte said. "The DEC just asked for more documentation."

Last month, Savarino acquired Ellicott Station LLC, the corporation set up by the BDC to take title to the two parcels on Ellicott Street, and when the financing closes, will pay the remaining $55,000 of the $60,000 purchase price to the BDC.

Jury trial for sex offender canceled for this week while defendant remains at Auburn

By Howard B. Owens
      Marlek Holmes

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Flu cases have nearly quadrupled in Genesee County so far this season

By Howard B. Owens

Genesee County is not immune from one of the worst outbreaks of flu in New York on record.

Health Department Director Paul Pettit said there have been 149 confirmed cases of flu in Genesee County so far this season, compared to just 38 at this point last year.

"This type of increase has been seen across the state and country," Pettit said.

Across the state, there were 6,083 flu cases reported according to the state's Department of Health. There were 1,606 people hospitalized with confirmed cases of the flu in New York. That's the highest number recorded since the state started tracking flu cases in 2004.

There have been no flu-related deaths reported in Genesee County, Pettit said.

Across the nation, 30 children have died as a result of the flu, and the majority of those children were probably not vaccinated, the CDC reports. Adult flu-related deaths are generally not reported and tracked.

Dr. Dan Jernigan, director of the influenza division at the Centers for Disease Control and Prevention, said he's concerned that early reports that the current vaccine is only 10 percent effective may have misled people into thinking they shouldn't bother with the vaccine. 

Even if the vaccine doesn't prevent a person from contracting a specific flu strain, it does lessen the severity of the symptoms and can help avoid hospitalization. The current vaccine does protect against multiple strains of flu. Flu shots also helps prevent the spread of the flu, especially to vulnerable people such as children and the elderly.

Pettit encouraged local residents to get vaccinated soon.

"The season typically peaks by the end of February, so we are still strongly encouraging folks to get the flu shot," Pettit said. "It remains the best protection for yourself and others and getting the shot often helps reduce the severity and duration of the flu if you do get it."

Law and Order: Corfu woman charged with DWI following accident

By Howard B. Owens

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

Hawley advances legislative solutions to deal with domestic violence

By Howard B. Owens

Press release:

As a result of a series of statewide regional forums hosted by members of the Assembly Republican Conference, Assemblyman Steve Hawley (R,C,I-Batavia) today spoke at a press conference in Albany on legislative solutions to combat domestic violence. The full report and all its recommendations have been made public.

The full report, A Safe Haven: Helping Abuse Victims and Enhancing Protections, can be found here.

“Domestic violence is a grave issue that has irrevocable consequences for families and society as a whole,” Hawley said. “I had the opportunity to host one of our conference’s forums in Batavia, and the testimony and information we received was both concerning and valuable.

"This is a complex issue, but after talking with law enforcement, advocates, victims and those on the frontlines around the state, I believe these recommendations will go very far in preventing domestic violence and helping victims feel safe again.”

Some of the recommendations outlined in the report include:

  • Providing financial assistance and relief to victims seeking alternative housing or living in a shelter to escape their abuse;
  • Declaring domestic violence a statewide public health crisis;
  • Creation of a new “Domestic Violence in the Presence of a Child” crime with harsher penalties for abusers;
  • Allowing domestic violence victims to obtain emergency panic buttons through local law enforcement or social services; and
  • Freeing up law enforcement to arrest more abusers and keep victims safe.

Hawley announces $5.5 million in grants available for farmers

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced $5.5 million is now available to farmers and agricultural producers as part of two new grant programs. The awards are aimed toward farmland conservation, assisting farmers in identifying available land and ensuring that arable land is permanently protected from development and nonfarm uses.

“Farming is one of the cornerstones of our community and extremely important to our local economy, traditions and way of life,” Hawley said. “Too often, farmers lose the ability to work the land due to environmental concerns or development, and these new grants will help protect our producers and ensure that family farms remain family businesses. I remain committed to giving our farmers a voice in Albany, and I look forward to advocating their concerns as we progress through this year’s session.”

More information can be found on the state’s Agriculture and Markets site and interested applicants can access grant information here. Applications will be processed until all funding for the program has been exhausted.

Hawley is the former owner/operator of Hawley Farms in Batavia and sits on the Assembly’s Agriculture Committee.

County's unemployment rate up in December

By Howard B. Owens

Genesee County's unemployment rate grew to 5.3 percent from 4.9 percent in December of last year.

The increase fits the trends for Western New York. Rochester's rate went from 4.7 percent to 5.0 percent. Buffalo rose from 5.1 percent to 5.5 percent.

The rate for the GLOW region went from 5.4 percent to 5.5 percent.

There are 600 more people in Genesee County's labor force than a year ago.

The state's rate decreased from 4.7 percent to 4.6 percent.

The nation's unemployment rate is 4.1 percent.

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