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Residents at Premier Genesee moved off of top floors yesterday after AC outage but repairs made, portable AC units ordered to supplement system

By Howard B. Owens

Premier Genesee Rehabilitation and Nursing Center, the former county nursing home on Bank Street, Batavia, was hit by two air conditioning outages this week, according to the facility's director, but the AC is working now and portable ACs are being delivered to help improve cooling on the third, fourth, and fifth floors.

The first outage was only for a couple of hours on Monday and it was repaired that day. Yesterday, the outage lasted longer and residents were moved from the upper floors to the first-floor mall during repairs and re-cooling the building, said Executive Director Christine Schaller.

"It took a few hours to cool down the upper floors due to extreme outdoor heat," Schaller said. "We will continue checking all room temps routinely today and taking other measures to keep everyone cool."

Lisa Sofia, CEO of Premier Healthcare Management, has informed staff that 20 portable air-conditioning units have been ordered for the Batavia facility. Five are expected to arrive today and 15 on Saturday.

The units, Schaller said, will be used to assist in keeping the upper floors cool during the current heat wave.

Schaller shared an internal memo from Director of Nursing Tina Ferrando about the situation yesterday. She said state officials arrived at 1:45 p.m. to survey the situation.

"They took temperatures, interviewed residents and staff, as well as myself," Ferrando wrote. "(They) saw our plan in action -- all residents from upper units (3, 4, and 5) being comfortably cared for on the first floor -- using the mall walk, main dining room, and rehab dining rooms. It went well. We were doing everything we said we would and they seemed pleased with that."

The Batavian contacted the state's spokesman for the Department of Health. He didn't immediately have information available but said he would look into it and get back to us.

Ferrando said upper floor temps were checked about 7 p.m. and had fallen to below 81 degrees, so staff began moving residents back to those units. They were back in their units by 8:15 p.m.

"All residents were kept comfortable, enjoyed ice water, lemonade, juice, popsicles, ice cream, and other refreshments all day," Ferrando wrote, "with movies and music."

She promised supervisors will stay on top of the situation, regularly checking temperatures and immediately report any temperature increases.

UPDATE 2:30 p.m.: Statement from the State Department of Health:

“Ensuring the well-being of all nursing home residents is of the utmost importance of the state health department.  We are investigating concerns related to the Premier Genesee Rehabilitation and Nursing’s air conditioning system.  The Department will continue to closely monitor the situation.”   

Donations coming in to help Peace Garden after theft of urns

By Howard B. Owens

News of the theft of urns from the Batavia Peace Garden has prompted community members to come forward and help both with the replacement of the urns as well improving security at the park.

Carol Grasso told WBTA this morning that Michael Tomaszewski, owner of Tomaszewski Funeral & Cremation Chapel, has offered to replace the urns.

Another anonymous donor has offered to help pay for security cameras and improved lighting.

"Michael Tomaszewski, he's such a great guy; he goes so much for our community," Grasso said. "He called Paula (Savage) up and he said, 'I'm going to replace those for you.' We were just the ecstatic. He was kind enough to do this for us. He's just always been such a good supporter of the Peace Garden."

As for security, the Peace Garden board had already decided to purchase a video camera and lighting but still needed to raise more money for it. The anonymous donation helps.

"It's not cheap, you know, and then you have to have them installed," Grasso said. "We don't have any money coming into the Peace Garden. Everything we do is through donations and fundraisers. We're very fortunate to have a community that is supportive of us."

Grasso thinks it took more than one person to steal the urns.

"They were two huge, large -- they probably come up to your waist, that's how big they are," Grasso said. "They are heavy and solid granite. They're just beautiful, black. They are just gorgeous ... whoever took them, it had to be a couple of people because you can't just move them."

WBTA is news partners with The Batavian.

'Destro' helps capture three suspected thieves in Darien

By Howard B. Owens

K-9 "Destro" flushed out three suspected teenage criminals from Buffalo yesterday afternoon after they got caught allegedly trying to steal a pair of ATVs from a residence at 1888 Broadway Road, Darien.

Multiple deputies and troopers responded to the area at 1:31 p.m. after a caller reported catching three people trying to leave with his house with the ATVs. 

The apparent thieves abandoned the ATVs and fled west on Broadway, through a cemetery, and into a cornfield.

Officers surrounded the area while another kept an eye on an abandoned vehicle parked near the farm field that had apparently been stolen from a location in Lackawanna.

Deputy Chris Erion and Destro were among the officers who responded.

Erion said one subject surrendered as soon as he heard Destro become vocal at the start of the search. The other two were located by Destro about 10 minutes later hunkered down in the corn.

Destro also located a backpack that appeared to contain stolen items, Erion said.

David C. Edwards, 19, of Buffalo, attempted grand larceny, 3rd, and criminal possession of stolen property.

The other two suspects are 17 years old. One was charged with attempted grand larceny, 3rd, criminal possession of stolen property, 3rd, and criminal mischief, 2nd. The other was charged with criminal mischief, 2nd.

The investigation is ongoing and additional charges are pending.

Others responding to the incident included deputies Kevin McCarthy, Corey Mower, Ryan Delong, Rich Schildwaster, Patrick Reeves, and investigators Howard Carlson, Chad Minuto, Joe Loftus, and Chris Parker, and Sgt. Brad Mazur and Chief Deputy Joseph Graff. The State Police, Corfu PD, and Environmental Conservation officers also assisted.

(Initial Post)

Legislature to try again to get voter approval for four-year, staggered terms

By Howard B. Owens

Eight years ago voters turned down a proposal to shift the years served in a single term for a county legislator from two years to four but the idea has resurfaced again and the county is scheduling a public hearing on the proposal for 5:30 p.m., Aug. 8, in the Old Courthouse.

The proposed change in the local law would take effect with the 2019 election and have four current members of the legislature run for four-year terms and five would run for two-year terms; then in 2021, those five final two-year term seats would become four-year terms in that election. Thus, the terms of legislators would be staggered instead of all nine members running at once.

That, said Marianne Clattenburg, chair of the Ways and Means Committee, raises the possibility that at some point in the future a majority of the legislature could consist of all new members with few experienced members.

"There's a lot to learn in this job," Clattenburg said.

Members on Monday shared a common experience: Voters surprised that somebody they seemingly just voted for coming around and asking for petition signatures for office.

"I know," Clattenberg said, "I’ll be passing out petitions and they’ll say, ‘what are you doing?’ and I’ll say, ‘I have to run again.’ ‘Why?’ ‘Well, it’s only two years.’ ‘It is?’ They just sometimes automatically assume we’re like the City Council."

Clattenberg said the County Legislature is the last elected body in the county with two-year terms.

Legislator Shelly Stein agreed.

"Whenever I’m at people’s doors with petitions they say, ‘why are you here again?’ " Stein said. "It really is the fact that they expect our terms to mirror everybody else’s in the county.”

It's up to voters to change the local law that governs the length of terms for legislators, Legislator Andrew Young noted, and said, "I think it just makes sense."

At the public hearing in 2010, two people spoke in favor of the change and two against, including former Legislator John Sackett.

"I believe that you cannot have representative government by having longer terms of office," Sackett said.

The proposal failed among voters, however, despite getting popular support in The Batavian's admittedly unscientific online polls. The Batavian ran three polls about the topic (one, two, three).

Upton Monument to get new, modern lighting in advance of its 100th anniversary

By Howard B. Owens

It's not exactly a facelift Gen. Emery Upton will get on the Soldier's Monument at the corner of Ellicott and Main streets in the City of Batavia, but when his bronze sculpture turns 100 next year, you should be able to see it better at night.

Lighting Design Innovations, a Batavia-based company, is planning to install new lighting on the monument next month thanks to $1,500 in donations the company has received for the project.

The county's Ways and Means Committee is recommending the Legislature accept the donation.

Assistant County Manager Matt Landers said company officials describe the current lighting as "flood lights" and their designers will come up with a plan to appropriately light the monument with more modern fixtures to make it more attractive when viewed at night.

LDI, which donated the rotating color lighting for the cupola of the Old Courthouse last year, is also trying to secure $6,500 in donations to pay for colored lighting on two of the pillars of the Old Courthouse.

"They are obviously very passionate about lighting," Landers said.

The offer was well received by the members of the Legislature.

"I think it’s very generous of them," said Marianne Clattenburg, who is chair of Ways and Means.

The Soldier's Monument was first conceived by local citizens in 1882 as a way to pay tribute to those from the area who died in the Civil War. A committee was formed to champion the idea but fundraising, apparently, didn't start until 1903. The first donation came from Albert Knapp.

By the end of the year, the fund reached $1,713.66.

In 1904, voters approved a $10,000 expenditure for the monument. The city agreed to pay another $15,000.

In 1907, there was a move to put Lincoln's bust atop the monument.

The next year, there was an effort to locate the monument in what is now Centennial Park (then called State Park) instead of its present -- and originally proposed -- location.

In 1911, the Genesee County Soldier's Monument Association was formed.

In 1917, the Board of Supervisors viewed a wooden model of the proposed monument and appropriated $10,000 for the project.

The city, at that point, was willing to chip in $5,000.

The granite structure was constructed in Barre, Vt., in 1918. C.A. Worden, a New Yorker, was the designer.

The base was placed in August 1918.

By October 1918, crews were ready to affix the eagle at the top, with a 3-foot, 10-inch tail, and an eight-foot wingspan. The bronze figure of Gen. Emory Upton was paid for by his sister, Sarah Edwards. Another sister, Sara Upton Evans, also made a contribution.

Supervisors accepted monument in January 1919.

As of February 1919, the City had not yet paid for its share of the monument. The county threatened to sue the city and after the county paid the $5,000 due from its contingency fund, the City Council approved paying its $5,000 share In April 1919.

The monument was dedicated Aug. 6, 1919. 

Photo: File photo by Howard Owens.

Law and Order: Driver accused of pointing shotgun at another person during road rage incident

By Howard B. Owens

Jacob John Sponaugle, 19, of Liberty Street, Batavia, is charged with menacing, 2nd, and criminal possession of a weapon,4th. Sponaugle allegedly pointed a shotgun at another person during a road rage incident reported at 2:52 p.m. Friday at Main and Bank streets in Downtown Batavia.

Jeremiah Lamar Gregory Burt, 23, of Victoria Avenue, Buffalo, is charged with unlawful possession of marijuana. Burt was stopped at 6:45 p.m. Saturday on Main Road, Pembroke, by Deputy Andrew Mullen.

Jacob Lee Jasinski, 20, of Akron Road, Corfu, is charged with DWI, moving from lane unsafely, and unsafe tires. Jasinski was reportedly involved in a one-car accident at 3:55 a.m. Sunday on Main Road, Pembroke. A utility pole was broken in the accident. The accident was investigated by Deputy Ryan Young.

Stephen Michael Milroy, 23, of Junction Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Milroy was arrested on a warrant and jailed on $500 bail or $2,000 bond.

Matthew Richard Jackson, 27, of Vernon Avenue, of Batavia, is charged with: DWI; driving with a BAC of .08 or greater; leaving the scene of a property damage accident; driving left of pavement markings; and moving from lane unsafely. Jackson was stopped at 3:14 p.m. Sunday on Main Road, Pembroke, by Deputy Mathew Clor.

John Kelly, 27, of Parkway, Rochester, is charged with criminal trespass, obstructing governmental administration, resisting arrest, and harassment, 2nd. Kelly was charged following an investigation into an incident reported at 10 p.m. June 17 at a residence on Bethany Le Roy Road, Stafford, by Deputy Rachel Diehl.

Cherie M. Oddo, 57, of Maple Street, Batavia, is charged with petit larceny. Oddo is accused of stealing $7.69 worth of merchandise from Tops Friendly Market.

Joseph Thomas Burr, 24, of North Lyon Street, Batavia, is charged with robbery, 3rd, two counts of grand larceny, 4th, and endangering the welfare of a child. Burr is accused of stealing another person's wallet during an argument reported at 3:30 p.m., Friday.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with harassment, 2nd, endangering the welfare of a child, and criminal mischief, 4th. Williams was allegedly involved in an incident on Central Avenue reported at 8:45 p.m. June 11. Williams was also charged with petit larceny for allegedly shoplifting at Tops Friendly Market on June 17. He was also arrested on a warrant out of City Court.

John A. Snook, 30, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to comply with a court-ordered program. 

Joseph W. Freeman, 34, of Platten Road, Lyndonville, was arrested on a warrant and ordered held on $1,000 bail. No further details about the charges released.

Christine Marie Wagner, 37, of East Main Road, Batavia, is charged with petit larceny. Wagner was charged following an investigation into possible employee theft at a local business. Also charged with petit larceny, Irisa M. Hill, 22, of Wood Street, Batavia. 

John D. Radley, 57, of Route 20A, Warsaw, is charged with DWI and driving while impaired by alcohol. At 4:37 p.m. on June 22, police were alerted to a person reportedly drinking alcohol in a running motor vehicle in the parking lot of Tops Friendly Market. Upon arrival, police allegedly found Radley slumped over the wheel, asleep.

A 16-year-old resident of Batavia is charged with unauthorized use of a vehicle and criminal possession of stolen property. 

Joshua P. Fields, 21, of Batavia Bethany Townline Road, Batavia, is charged with aggravated unlicensed operation, 3rd, and unsafe backing. Fields was arrested on a warrant. He posted bail and was released.

Thomas Andrew Woldford, 42, of Ringquist Street, Las Vegas, is charged with DWI and failure to dim headlights. Woldford was stopped at 1:19 a.m. Monday on Route 33, Stafford, by Deputy Jeremy McClellan after Woldford allegedly failed to dim his headlights for oncoming traffic.

Brittany A. Young, 23, of Buffalo, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, unlicensed operation, 3rd, and speeding. Young was stopped by State Police on Route 77 in Darien at 3:45 p.m. on June 25. While interviewing the driver, troopers detected the odor of marijuana emanating from the vehicle. Young was allegedly found to be driving on a suspended license and was also found to be in possession of marijuana and a controlled substance. Young posted $500 bail and was released from jail pending her next court appearance in Darien Town Court.

Vikki L. Sullivan, 32, of Norfolk, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. State Police came into contact with Sullivan at 2:39 a.m. Sunday at an undisclosed location in the Town of Darien.

Shawn R. Bowick, 32, of Leicester, is charged with unlawful possession of marijuana and a license plate violation. Bowick was stopped by State Police at 6:15 p.m. Friday on Route 63, Batavia.

Rahiim J. Collazo, 40, of Rochester, is charged with aggravated unlicensed operation, speeding, obstructed vision, license plate violation, and no license. Tiffany M. Santos, 35, of Rochester, is charged with permitting unlicensed operation and facilitating aggravated unlicensed operation. Callazo was stopped by State Police at 7:40 p.m. Friday on Batavia Elba Townline Road, Batavia.

A 17-year-old resident of Attica was charged with unlawful possession of marijuana by State Police during a traffic stop on Route 98 in Alexander at 1:54 a.m. on Sunday.

Urns stolen from Batavia Peace Garden

By Virginia Kropf

Paula Savage looks forward to her regular visits to Batavia’s Peace Garden, a concept she founded in 2012 for the 200th anniversary of the War of 1812.

Her visit on Monday morning, however, was met with shock, when she discovered someone had stolen two large urns and a ceramic snail lawn ornament from the Garden on Main Street.

“I come about every other day to water the urns and pull weeds,” Savage said Tuesday morning, as she waited for police to arrive. “This is terrible. I know people in our community respect this garden.”

The large footed urns were purchased by Savage and placed on either side of a marble bench near the flags.

She was alerted to the theft by a man who said he frequently walks his dog in the area. He noticed loose dirt on the footbridge over Tonawanda Creek, which leads Savage to believe the thieves came from the other side of the creek.

“Possibly the urns got too heavy and they dumped some of the dirt out on the bridge,” she said. “There had to have been a group of people to carry those two big urns and the ceramic lawn ornament.”

Savage said this garden is revered by the community and is promoted by New York state. It was the first Peace Garden on the New York State Bicentennial Peace Garden Trail.

“There is such an emphasis on keeping this garden beautiful, and a lot of effort goes into maintaining it,” Savage said. “I came to water the urns because I wanted the garden to look pristine for the Fourth of July.”

Batavia Patrolman C.J. Lindsay said they will be checking security cameras at businesses across the street.

Savage said the Peace Garden Committee will be investigating the possibility of security cameras and/or motion lights in the area.

“We don’t want this to happen again,” she said.

The urns stolen were dark colored and made of a resin, and the lawn ornament was a ceramic snail. Savage said if anyone sees anything resembling them, they should contact the Batavia Police Department.

Top photo: Paula Savage, founder of the International Peace Garden, shows Batavia Police Officer C.J. Lindsay where someone stole two large urns from the Peace Garden on Main Street during the weekend.

Paula Savage holds a handful of flowers which were pulled from two large urns before vandals stole them out of Batavia’s Peace Garden, presumably during Sunday night. Photos by Virginia Kropf.

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

By Howard B. Owens
         Ernest Smith

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

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

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

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

Grand Jury: Woman charged with four felonies under Leandra's Law

By Billie Owens

Rachael M. Lochner is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on April 4 in the Town of Pavilion that Lochner drove a 2016 Mazda on South Street Road while having a BAC of .08 or more and while a child age 15 or less was a passenger in the vehicle. In counts two, three and four the same crime is alleged while a second, third and fourth child, respectively, ages 15 or less, were passengers in the vehicle. In count five, she is accused of aggravated driving while intoxicated, per se, as a misdemeanor, for having a BAC of .18 or more at the time.

Brandon C. McCoy is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Jan. 27 in the Town of Pembroke that McCoy possessed brass knuckles. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of fourth-degree grand larceny, a Class D felony, on Aug. 3 in Wyoming County Court. That conviction forms the basis for the current indictment.

Brandon C. Morgan and Kyle Z. Morgan are indicted for the crime of criminal possession of marijuana in the third degree, a Class E felony. It is alleged that on Feb. 13 in the Town of Stafford that they knowingly and unlawfully possessed one or more prepartation, compounds, mixtures or substances containing marijuana that had an aggregate weight of more than eight ounces.

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

By Howard B. Owens

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

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

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

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

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Howard B. Owens

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

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

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

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

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

Law and Order: Buffalo resident accused of damaging property at Darien Lake

By Howard B. Owens

Adam Michael Brennan Sabadasz, 33, of an undisclosed street, Buffalo, is charged with criminal mischief. Sabadasz allegedly damaged property at Darien Lake Theme Park at 11:20 p.m. Sunday.

Stanley D. Wilson, 58, of Lockport, is charged with DWI and crossing hazard road markings. Wilson was arrested by State Police after his vehicle was found crashed in a ditch on Lewiston Road, Alabama, at 4:41 a.m. Sunday. Wilson reportedly failed a field sobriety test.

Samantha J. Wade, 19, address not disclosed, is charged with leaving the scene of a property damage accident, unsafe tire, and unsafe lane change. Other charges are pending. Wade was reportedly involved in a property damage accident on Route 20, Alexander, where two street signs and a utility pole were struck by a four-door sedan Sunday.

Richard Dean Mckague, 28, of Main Street, Batavia, is charged with criminal contempt, 1st, aggravated family offense, attempted assault, 2nd, and acting in a manner injurious to a child. At 3:19 p.m., Saturday, Mckague allegedly violated an order of protection. He allegedly threw a beer bottle causing physical injury to a victim. He was jailed on $25,000 bail.

Deputies arrest 19 concertgoers at Zac Brown show

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band Concert at Darien Lake Performing Arts Center on Sunday:

Anna L. Demeter, 20, of 35th Court SW, Vero Beach, Fla., arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Demeter was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Catherine M. Mulligan, 20, of Everett Street, Kensington, Md., arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Mulligan was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Christopher E. Berger, 20, of Farmington Road, Williamsville, arrested for criminal possession of a controlled substance, 7th, after allegedly being found in possession of cocaine.

Noah M. Wheeler, 18, of Bean Hill Road, Honeoye Falls, arrested for criminal trespass, 3rd, and trespass after allegedly reentering the concert venue after being ejected and told not to return multiple times.

Ethan S. Kaiser, 20, of Portage Circle, Fairport, arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. 

Kelsey L. Fkermedal, 20, of Landmark Drive, Rochester, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Rachel E. Nanna, 19, of Burbank Drive, Orchard Park, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Julia N. Gaglio, 20, of Ashford Court, East Amherst, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Miranda R. Lawley, 20, of High Park Boulevard, Amherst, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Joel M. Rudnick, 26 of Mount Hope Boulevard, Rochester, arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. 

Lucas F. Zelasko, 20, of Beregford Court, Williamsville, arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Samuel C. Aebli, 22 of Oatsfield Circle, Penfield, arrested for criminal trespass, 3rd, and trespass after allegedly reentering the concert venue after being ejected and told not to return multiple times. 

Olivia I. Flink, 20, of Marlbank Drive, Rochester, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Edmund R. Zimmerman, 19 of Helmsford Way, Penfield, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Daniel J. Schultz, 20, of Rockledge Drive, Clarence, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

John B. Collins, 19, of Rollin Drive, Boston, arrested for trespass after allegedly attempting to enter the concert venue after being ejected and told not to return. 

Adam M. B. Sabadasz, 33, of Van Ressealaer Street, Buffalo, arrested for criminal mischief, 4th, after allegedly damaging a Darien Lake camp gate.

Alyssa R. Dibiase, 22, of Sharon Court, Webster, arrested for DWI and driving with a BAC of .08 percent or more after allegedly operating a motor vehicle in the parking lot while intoxicated. 

Camryn R. Vogt, 19, of Pine View, Walworth, arrested for criminal trespass, 3rd, and criminal Impersonation, 2nd, after allegedly reentering the concert venue after being ejected and told not to return and then providing her sister’s name as identification. Additional charges are pending.

Grand Jury: Man indicted for sex crimes allegedly involving 'physically helpless' victim in Pavilion

By Billie Owens

Jerod M. Baltz is indicated for the crime of criminal sexual act in the first degree, a Class B violent felony. It is alleged that on March 18 on Sparks Road in the Town of Pavilion that Baltz engaged in oral sexual conduct with another person by forcible compulsion. In count two, he is accused of criminal sexual act in the third degree, a Class E felony. It is alleged in count two that he engaged in oral sexual conduct with another person without the person's consent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless (NYS Penal Law 130.05(2)(d). In count three, the defendant is accused of first-degree rape, a Class B violent felony, for allegedly engaging in sexual intercourse with another person by forcible compulsion. In count four, Baltz is accused of third-degree rape, a Class E felony, for allegedly engaging in sexual intercourse with another person without the person's concent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless. In count five, Baltz is again accused of criminal sexual act in the first degree. It is alleged in count five that he engaged in a second act of oral sexual conduct with another person by forcible compulsion. In count six, the defendant is again accused of criminal sexual act in the third degree. In count six, he allegedly engaged in a second act of oral sexual contact with another person without the person's consent and this lack of consent was by reason of some other factor than incapacity to consent -- physically helpless. In count seven, Baltz is again accused of first-degree rape for allegedly engaging in a second act of sexual intecourse with another person who incapable of consent by reason of being physically helpless. In count eight, Baltz is accused of criminal obstruction of breathing or circulation, a Class A misdemeanor, for allegedly intending to impede the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of a person. The allegations in counts two through eight also allegedly took place on Sparks Road, Pavilion, on March 18.

Qumane J. Santiago and Jaequele M. Tomlin are indicted for the crime of fourth-degree conspiracy, a Class E felony. It is alleged that on Jan. 18 in the City of Batavia that the defendants' intentional conduct constituted a Class C felony to be performed: second-degree robbery. In count two, Tomlin is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that Tomlin possessed a dangerous instrument -- a sock with a rock or piece of concrete in it, with the intent to use it unlawfully against another person.

Steven D. Fronczak is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that one Feb. 24 in the Town of Le Roy that the defendant drove a 2012 Chevrolet on Route 19 while in an intoxicated condition. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly have a BAC of .18 or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so allegedly while under the influence of alcohol or a drug. In count four, Fronczak is accused of circumventing an interlock ignition device, a Class A misdemeanor. It is alleged in count four that the 2012 Chevrolet was not equipped with an interlock ignition device, which he is required to have by court order. In count five, he is accused of the offense of use of a mobile telephone while operating a vehicle, a violation. In Special Information filed by the District Attorney, Fronczak is accused of having been convicted of DWI, as a misdemeanor, on March 6, 2017, in Town of Le Roy Court and this conviction was within 10 years of the crimes alleged in the current indictment.

Eddie Miles will serve at least five years in prison

By Billie Owens

Eddie Lee "Pops" Miles Jr. will serve a minimum of five years in state prison, Judge Charles Zambito ruled this afternoon in Genesee County Court.

Last month, the native of Batavia with a long criminal history -- 20 arrest dates and 50 charges -- accepted a "global plea agreement" and made a factual admission of guilt to three felonies that were among multiple charges brought in three grand jury indictments.

There was a bizarre incident in August wherein he allegedly grabbed a 17-year-old girl from behind who has walking "Zeus," a dog he had owned then let a neighbor family adopt. He was charged with choking her; she dropped to the ground and he then allegedly injected the hapless dog with an unknown purple liquid. He ran off, saying he would be back, according to witnesses.

Chaos ensued. The dog became unresponsive and started twitching, the choking victim sobbed and was extremely distraught. An animal control officer and emergency first responders arrived.

"The dog is still skittish. It refused to go outside, would curl up," Assistant DA Kevin Finnell told the judge. "It's depressed. Afterward, some man called and said (to a victim) 'Pops is going to kill you, bitch.' "

Finnell added, "If that's not bad enough, that's the misdemeanors." The cases -- for obstructing a person's breathing or blood flow and animal torture were pending in city court but dismissed under the plea agreement carried out today.

Finnell continued: "This man is selling drugs in this community to make money, supplement his income...his lengthy criminal history has run the gamut from menacing and second-degree assault to criminal mischief and criminal possession of a controlled substance in the third degree; DWI..one officer says he has had numerous contacts with him over the course of two decades. He's violent."

Last fall, he was arrested for selling crack cocaine to drug task force agents so he could make some extra spending money.

On Sunday, Jan. 7, he admitted he drank two bottles of booze. He got in a big fight with his girlfriend and set fire to a couch in his apartment in a multi-family dwelling on Washington Avenue. He threatened the life of his girlfriend, threatened to shoot police who responded, and caused other families to be displaced when he started a fire where they lived.

But in statements contained in the presentencing report, Miles, who's in his late 40s, had some alternative facts to share.

He claimed his girlfriend became angry that day because he was "blaring the radio"; he claimed that she was the aggressor -- "she caused all this" -- punching out a window and arguing and that when police arrived, he didn't want to go outside because he was still in his bathrobe.

A fire broke out. "Fire just started," was how Miles put it in the report, subsequently hypothesizing that under the attic door a gas can be found and his girlfriend smoking a cigarette somehow ignited the gas can and started the fire. Arson investigators said there was not sufficient heat in the cigarette to cause the damage.

The judge disputed Mile's version of events by noting that Miles put a couch in front of the door, creating a blockade against his girlfriend's attempt to leave. When he went to the back of the apartment, she seized her chance to escape by breaking out a window, climbing onto the second-story eave and jumping off; not the actions of an aggressor.

In the presentencing investigation (PSI) report, he was asked why the police responded to his residence on Jan. 7.

"I don't know why the police were there," Miles responded, according to Finnell, adding that the girlfriend told officers Miles blocked the door, punched her, held her hostage and had a gun.

The convicted felon denied having a gun that day. He was taken to UMMC for evaluation. But when Batavia Police Det. Richard Schauf went there to interview Miles afterward, Miles asked him "Did you find the gun?" 

Finnell argued that Miles deserved the maximum penalty for terrorizing his girlfriend, his landlord, and his neighbors.

"He needs to be segregated from the community as long as possible," Finnell said.

Public defense attorney Jamie Welch said the PSI indicates Miles did not take responsibility for his actions. Welch argued that while that point is debatable, his client's expression of regret is not.

Welch acknowledged the sparsity of leeway granted to the judge in sentencing for arson. But said his client deserved "to be commended" going forward if he continues to maintain the sobriety that incarceration has brought.

Finnell attempted to read a victim statement in open court and Miles' attorneys called for a sidebar. Afterward, the judge determined the letter could not be read aloud by Finnell in court. Only a letter from the victim of a violent felony can have a statement read, it clearly says so in the statute, Zambito said. This letter writer, although a victim, was not directly a victim of a violent felony in the Miles' case.

*Nonetheless the judge allowed the statement to be attached to the PSI for the court record and a copy was given to Miles' attorneys (the other one being Marty Anderson).

The woman who wrote the letter said Miles was polite when they first met, but his behavior changed; Welch said that was because Miles has had lifelong addiction problems and his behavior took a turn for the worse last year after he became "reinvolved" with his addictions.

Before sentencing, Miles spoke to the court.

"I'd like to ask the court to forgive me for all my actions," Miles said, standing in his orange outfit, hands shackled, wearing orange Crocs on his feet. "If I could take back January 7th, I would."

He said he felt ashamed of his behavior and the bad publicity it has generated for himself and his family. He said he drank two bottles of liquor and his world fell apart; he lost the woman he has loved for 15 years, displaced his neighbors, frightened the homeowner and now faces a long stint in prison.

Zambito told Miles not to ask his forgiveness, but that of those he has harmed. He said he is particularly concerned about domestic violence perpetrated by Miles going back many years and noted the arson itself was an act of domestic violence, one that threatened the girlfriend's life and affected many others -- the neighbors, the firefighters, law enforcement, first responders.

The Swat Team was called in.

"It goes to show the level of professionalism of the law enforcement community here," Zambito said, adding that he can't fathom how Miles didn't get shot by police. "You see it every day, somebody gets the wrong end of a gun every day.

"You are unwilling or incapable of obeying the law," Zambito said. "You have no respect for human life, for animal life, for property, for your neighbors, for the law."

Having read the presentencing report he ordered for this case and reviewing Miles' extensive criminal history, Genesee County Court Judge Charles Zambito said he was disinclined to cut him any slack for his terrifying behavior on Jan. 7.

Next Miles was sentenced on: one count of third-degree arson, a Class C felony, for which prison is mandated. He will serve the maximum -- five to 15 years, indeterminate; one count of third-degree criminal possession of a controlled substance with intent to sell, a Class B felony, and will serve the minimum -- five and a half years with two years of post-release supervision (the max was nine years with three years post-release supervision).

The two sentences will run concurrently.

Sentencing on the third count -- second-degree unauthorized use of a vehicle, a Class E felony, is delayed until Aug. 13, pending submission of blood-test results to the court. It could garner one and a third to four years of prison time, which would run concurrently.

Failure to submit to the test or provide the test results to the court would void the plea agreement and subject Miles to maximum sentencing guidelines.

Four orders of protection were put in place until June 22, 2041. Miles had a check for $425 ready pay for his fees and surcharges.

*Here is a victim statement that was provided to The Batavian by Rebecca Eldridge (née LaRock), who says her family is no longer remaining silent about what they have endured. She gave us permission to publish it and use her name. It is not the same statement put in the court record today.

"After 1 year my voice, my family's voice, my daughter's voice and my four-legged son Zeus's voice were finally heard today. Although our case was dismissed as part of Miles' plea deal, our voices were heard by judge Zambito today. 

"Through the past year since this attack on my family, our lives are still forever changed. The effects of this man Eddie Miles Jr. still remain. For 1 year my family has sat silent and in hesitation and fear. We have kept quiet and silent to be sure to not hinder in any way the prosecution of Mr. Miles.
 
"My family and I have been threatened and harassed; we have been blasted by comments on social media and Batavia news and crime sites. We have been called liars by people in the community because all aspects of the case were not reported by them.
 
"Eddie Miles Jr. is a despicable human being who continues to be a threat to our community. It is my daughter's hope, my four-legged son Zeus's hope and my family's hope, that this man's life be less than the sentence the court imposed on him today!
 
"It is our hope that this disgusting human never again be blessed to own an animal in his lifetime. It is our hope that every ounce of karma comes back 1,000-fold to this man. It is our hope that he spends every day of the remainder of his life thinking of all that he has done and all those he has hurt and the lives and the families that have been forever changed by his deplorable, shameful and continued criminal actions in this community!
 
"My family is not the only ones that were affected by this man's actions. I broke my silence in court today in support of them also and to hopefully give them some strength as well. Mr. Miles deserves nothing less than the maximum sentence on all charges that were before the court today and ones that are still pending in court.
 
"The maximum sentence that he receives today gives my family some peace and a feeling of calmness knowing that we will never again have to look at this man. If I could speak to Mr. Miles directly today I would say to him 'Mr Miles I hope you never have a day of freedom again. I hope every ounce of what you have done through your life to hurt and harm others comes back on you one thousand fold.'
 
"May God never forgive you for such acts, Just as my daughter will never forgive you, and just as Zeus will never forgive you, and just as my family and members of this community as a whole will never forgive you. I hope that my words and the truth of them today stabs and stings like a needle in your neck and poison in your soul just as you did to my son Zeus!
 
"I hope that my family is lack of silence today takes your breath away just says it did to my innocent daughter when you choked her! I am glad that the court showed no mercy today. I hope your last breath is taken in a cell because you deserve no less.
 
"God will judge you in the end Mr. Miles and God's judgment is clear; it is full, and it is unending and just. One day whether it's before a courtroom judge or in the future before God alone, you will be judged justly for the actions of your life."

Adoption of 'Norms' at Alexander Board of Education retreat may have violated state's Open Meetings Law

By Howard B. Owens

This past February, members of the Alexander Central School District Board of Directors traveled outside of the district, driving to East Aurora, for a retreat where, according to the school district's attorney, the board members learned about how to work together better.

If that's all the retreat was, it's perfectly legal.

However, in a May 15 interview with The Batavian, Superintendent Catherine Huber said that at the retreat the board developed a policy called the "Norms."

If that's true, and if you interpret the "Norms" as a work product unique to the Alexander CSD, the retreat may have violated the state's Open Meetings Law, according to Robert Freeman, executive director of the NYS Committee on Open Government.

It would take a citizen filing a legal challenge to the meeting/retreat to determine if it really were a violation of the law. Freeman's statements to a reporter is not a legal determination.

"If they came back with a policy that is clear, then the purpose of the retreat was not general in nature," Freeman said. "Policy can only be established and discussed in a meeting in accordance with the Open Meetings Law. The facts, in this case, differ from the analysis offered by the school district attorney."

The "Norms" for the school board, as published in a district newsletter earlier this year, are:

  • We represent all students and District residents;
  • We speak with one voice;
  • We consider all matters brought to the Board as confidential;
  • We are active listeners;
  • We agree to the practice of tell one, tell all;
  • We are visible in our schools and at school functions;
  • We are respectful to all.

It is the "one voice" policy that brought the retreat and the "Norms" to the attention of The BatavianAs reported earlier, Huber, school members, and a school board candidate have used this policy as a reason that board members cannot answer questions from reporters.

After the May 15 interview, The Batavian filed a request under Freedom of Information Law for all documents, including emails, related to the retreat including an agenda, minutes, meeting notices, notes, memos, and emails created in the planning of the retreat, and any documents produced after the retreat.

The Batavian received back two documents, receipts from the Roycroft Inn for a meeting room rental and food totaling $496.80.

In response to receiving only the receipts, The Batavian emailed the school district's attorney, who responded to the FOIL request, and asked: "No agendas? Minutes? Meeting notices? Dr. Huber went into this meeting with no preparation? There was no prior planning? The board members didn't have hotel rooms? No travel expenses?"

Schwartzott responded, "Yes, that is correct – the District did not prepare agendas or take minutes. Additionally, there were no hotel expenses because no one stayed at a hotel. There were no travel expenses because there wasn’t any travel involved – the Roycroft Inn is in East Aurora."

She didn't address the question about missing meeting preparation documents.

In subsequent emails, Schwartzott denied the board held a meeting. We asked her to explain how the retreat didn't violate the OML.

Her response:

District policy was not discussed or created at the Board retreat. As Dr. Huber explained and your publication clearly states (“Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice”), the discussion centered around communication strategies (i.e., “norms”), which the State’s Committee on Open Government (COOG) has determined is a permissible topic for Boards of Education to discuss privately in a retreat setting (see OML-AO-3709).

Moreover, COOG has also long held that a meeting of members of a Board of Education at which “public business” is not being discussed is not a Board meeting, and, therefore, is not a public event and does not follow the requirements in the Open Meetings Law (see Open Meetings Law Section 102(1); see also OML-AO-4762).

While Schwartzott did not explicitly quote from OML-AO-3709, which was written by Freeman, for example, does state:

... if there is no intent that a majority of public body will gather for purpose of conducting public business, but rather for the purpose of gaining education, training, to develop or improve team building or communication skills, or to consider interpersonal relations, I do not believe that the Open Meetings Law would be applicable.

In that event, if the gathering is to be held solely for those purposes, and not to conduct or discuss matters of public business, and if the members in fact do not conduct or intend to conduct public business collectively as a body, the activities occurring during that event would not in my view constitute a meeting of a public body subject to the Open Meetings Law.

In other words, school boards can have retreats for the sole purpose of education and training without violating the Open Meetings Law.

However, the next paragraph states:

"...if indeed the retreat involved 'District goals' and consideration of the policies and procedures referenced earlier, I believe that it constituted a 'meeting' that fell within the requirements of the Open Meetings Law."

In The Batavian's discussion with Freeman about these official, written opinions, he expressed the opinion that a retreat that produces "Norms" would mean that discussions were held and decisions made that were unique to the district, sets policy for the board, and is not general in nature, then the gathering is covered by the Open Meeting Law.

"This clearly involves school district business that is unique to the school district and is not general in nature," Freeman said.

We provided these Freeman's quotes to Schwartzott and she called Freeman and then sent The Batavian an email that began, "It turns out he and I don’t disagree about these issues at all. Mr. Freeman said you didn’t provide him with all of the relevant information when you spoke."

She added, "To confirm, now for the third time, the District’s position remains that a discussion about how to develop strong communication skills at the Board retreat did not violate the Open Meetings Law. In closing, this is my last comment about this; I will not engage with you on this issue anymore."

We asked Schwartzott to provide the "relevant" information The Batavian did not provide to Freeman. She did not respond. When we spoke to Freeman today, he mentioned no missing relevant information and confirmed his prior opinion the "Norms" look like something that is unique to the district, sets policy, and should have been handled in a public meeting.

By this time, we had provided Freeman with the full May 15 quote from Huber and a copy of the "Norms."

"Again," Freeman said, "it seems to me what is described here would essentially be a policy of the board of education and the school district, which, again, should have been discussed in an open meeting."

See also: Analysis: It's still not clear what Alexander attorney and superintendent believe about free speech for board members

Analysis: It's still not clear what Alexander attorney and superintendent believe about free speech for board members

By Howard B. Owens

Since April, The Batavian has been trying to understand the Alexander Central School District's policy related to free speech for members of the Board of Education.

After all this time, the district's attorney, Jennifer Schwartzott, told Robert Freeman yesterday, that the "one voice" policy or "Norm" does not prohibit school board members from expressing their personal views on matters of public interest. He is the executive director of the NYS Committee on Open Government.

How a policy that says board members must speak with one voice doesn't inhibit free speech for board members still isn't clear to us. We do know the policy has been used to shut down board members from answering questions from a reporter (see April 25 story) and that is has had a speech-chilling effect on school board candidates (see May 4 story).

Whatever fuller statement Schwartzott made to Freeman, she has never been willing to articulate clearly to The Batavian what her position is and how it differs from how "one voice" is being interpreted by Huber, the board, board candidates, and reporters. She wouldn't even make such a clear statement after being asked to do so in light of what Freeman shared with The Batavian.

When asked about it, she said, "Mr. Freeman correctly conveyed to you my opinion and the District’s opinion regarding speaking with 'one voice.' As for why you didn’t know that before having a conversation with him, I can’t speak for you or your understanding of my or Dr. Huber’s previous statements."

Here is Huber's May 15 statement:

The board should speak with one voice for several different reasons. The board by policy designates a spokesperson for the school district. We have that policy for you and I know that you've gathered those policies from other school districts as well and the board by policy has designated the superintendent as the spokesperson.

Our board has also gone a step further. Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice. They would speak with one voice on matters related to the school district. Board members individually don't have power on their own. They have power and they come together around the board table.

That is not the same as their inability to express an opinion. Anybody has the ability to express an opinion. But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals and they've designated the superintendent, as they probably have in most school districts, as the spokesperson for the district.

So Huber states that district has a designated spokesperson but the board has "gone a step further," explaining the board agreed it would speak with "one voice." In fact, she states, "They would speak with one voice on matters related to the school district." Then she said that's not the same as the inability to express an opinion, but immediately walks back that statement by stating, "But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals."

As with Schwartzott, we have repeatedly asked Huber to make a plain, clear statement about individual board speech. She hasn't even acknowledged the emails.

We started asking Schwartzott to make a clear, unambiguous statement after she objected to our May 14 story, "Five school districts in Genesee County restrict speech for board members," stating that The Batavian misrepresented her views. Even in the comment she left on the story, however, she doesn't state clearly what her views are on the topic.

In emails about that article, she said it wasn't clear to her that the story we were working on was about the rights of individual members to express their personal views, yet in the response to our initial set of questions, she said, "Community members who are interested in what the local board members have to say can attend board meetings where the members discuss issues, share their opinions, and make decisions."

In other words, the only place the public can count on to find out what board members think is at meetings.

So, we're still waiting for a clear statement from Huber and Schwartzott about the ability of school board members to not "speak with one voice" but to speak individually as they see fit.

Law and Order: Batavia resident accused of participating in thefts from Walmart in Warsaw

By Howard B. Owens
      Donald Stahl

Donald W. Stahl Jr., 37, of North Street, Batavia, is charged with grand larceny, 3rd, grand larceny, 4th, petit larceny and three counts of conspiracy. Stahl was arrested by the Wyoming County Sheriff's Office and is being held in the Wyoming County Jail on $5,000 bail. Stahl is accused of participating with others to steal electronic and computer items from the Walmart in Warsaw. The investigation is ongoing and additional arrests are pending. The investigation was conducted by Sgt. Colin Reagan, Deputy Aaron Chase and with the cooperation of the Genesee County Sheriff's Office, including Investigator Chris Parker, Deputy Erik Andre, and Sgt. Jason Saile, along with Walmart Asset Protection employees.

William G. Schultz Sr., 44, of Ross Street, Batavia, is charged with criminally using drug paraphernalia and unlawful possession of marijuana. Schultz was spotted by members of the Local Drug Task Force on Jackson Street on Wednesday evening. He was wanted on a family court warrant. While being taken into custody, he was allegedly found in possession of drug paraphernalia and marijuana. He was ordered held in jail on $1,000 bail.

Malik Austin Hambrick, 21, of Aswego Avenue, Fort Drum, is charged with criminal trespass. Hambrick allegedly entered the Darien Lake Theme Park at 12:20 a.m. Monday following previously being removed from the property by Darien Lake security.

Jeffrey P. Klyczek, 49, of Amherst, is charged with DWI and driving with a BAC of .08 or greater. Klyczek was stopped by State Police in the Village of Corfu at 11:39 p.m. Tuesday.

Joseph F. Chiodo, 35, of North Tonawanda, is charged with DWAI (combined drugs and alcohol), DWI with a child in the car, and endangering the welfare of a child. Chiodo was stopped by State Police on Route 33, Town of Pembroke, at 12:23 p.m. Wednesday.

Parents in Alexander express concern school district is double dipping with new use fees

By Howard B. Owens

The Alexander Central School District is planning on instituting a fee structure for use of school facilities by community groups and that has a number of parents, especially parents of children who participate in sports, upset, according to Lisa Lyons, president of the Tri-Town Youth Athletics Association.

Lyons raised those concerns with the Board of Education on Tuesday night. School board meetings are generally sparsely attended and Tuesday dozens of district residents were in the auditorium for the meeting, though there's no way to say how many were there because of the fee issue.

The fees, at least as announced, would cost the association about $8,000 for football and basketball, according to Lyons (CLARIFICATION: Lyons provided a revised calculation of anticipated association costs after publication of this story) and she asked a number of questions, none of which were answered by board members after she spoke.

"As residents, we pay taxes that are among the highest in the state for a community our size," Lyons said. "Adding in $6,000 in fees, how is this not double dipping? As a nonprofit organization, these fees will close programs for us. The district parents of these children have stated this is unacceptable."

Besides Lyons, there were two other parents who signed up to speak but with the intention of ceding their allotted three-minutes to Lyons, a request Board President Reed Pettys would not allow. One parent, Mary Shepard, tried to read from notes prepared by Lyons once her three minutes were up but Lyons said after the meeting she really didn't get to express all of the concerns that have been raised to her by the parents.

Before the public comments section on the agenda, during what the board calls "roundtable," where each board member can speak on any issue they care to raise, Superintendent Catherine Huber took a few minutes to explain her view on why and how the fees are being initiated.

She said in the fall, the board appointed a committee to review and potentially rewrite the school district's facilities use policy. She said the committee was comprised of board members and school staff who are past and present parents and coaches involved with Tri-Town.

The board minutes for Oct. 18 list board members Rich Guarino, Molly Grimes, Lisa Atkinson, Shannon Whitcombe, Matt Stroud, Tim Batzel, Rob Adam, and Ben Whitmore as members of the committee. The minutes also list Board Member Brian Paris as a member of the committee but he said he declined the appointment because of other business commitments and never attended a meeting.

The policy was adopted by the board in December.

Huber said the prior policy also allowed for a use fee but no fees were ever charged.

"We believed that it was time to start charging a nominal fee to outside organizations, to community organizations to use our facilities," she said.

Huber said she has tried to communicate clearly and work collaboratively with Tri-Town, inviting Lyons in for a meeting, not only to inform them on the need for the new fee but letting them know that the district could be flexible.

"Our goal is all the same," Huber said. "Our goal is to provide a great experience for all the children of Alexander."

She called the fee nominal and said that Lyons continued the conversation in emails back and forth.

"This is the first year for fee structure, so I suggested that if what we were suggesting is not something Tri-Town could bear, I asked Tri-Town to bring to me what could be a manageable solution in terms of a facilities fee."

One issue raised by Lyons is the district's projections for the Tri-Town fees are much lower than Tri-Town's estimation of the fees, based on the documentation they've received.

Huber presented slides showing the fee structure.

The association, she said, would be charged $25 an hour for football, for example, and with four games, that would come to about $300 per game day with an annual cost of $1,200.

The district's costs, she said, is $56 an hour or $650 per game day, with a total of about $2,700 annual. That would still leave the district short its expenses by $1,520.

The cost for basketball, by Huber's numbers, would be $1,920 annually with the district's annual cost at $3,523, for a two-sport charge to the sports association of $3,120, which is less than half of what Lyons estimates it would cost the association. The association uses school facilities only for football and basketball. (CLARIFICATION: This paragraph added after initial publication).

Those numbers, she said, don't include all of the district's costs.

"I think it’s really important that we have those numbers in front of us because as a community, we all want the experience for our students but we also have to understand that it is the responsibility of the board and the administration of the school district to make sure that there are facilities for people to use," Huber said.

"This community has come to expect a certain level of facility maintenance and certain expectations of around our facilities. It would be irresponsible of the board to not have a certain cost-recovery measure in place in order to maintain those facilities long-term."

Lyons said Tri-Town is a 40-year-old organization. She doesn't know how long the association has been using school facilities but it has been many, many years, so it doesn't make sense to her why now, all the sudden, the district needs fees to maintain the facilities.

While Huber is saying the fees are in that $1,500 range (they change some, depending on the sport and facility), Lyons said based on the use application she's been provided and the belief that the two chaperones required for each event, at $18 per hour each, increase the cost, the range is closer to $6,000 per sport annually.

If that is true, use fees for parents per sport will likely double, which will lower participation and mean the end to some sports. The disparity is so great, Lyons said a counteroffer, which Huber said is welcome, is hard to even formulate.

"I understand a nominal fee," Lyons said after the meeting. "I get it. But for us to even try to offer them something at this point, the fees are so astronomical I don’t even know where to start."

One thing that bewilders Lyons and other parents who joined a conversation outside the auditorium after the meeting is the requirement for two chaperones at each event.

"If something is broken, we’ve always paid for it," Lyons said during the hallway conversation. "If something happens, we try to take care of it. If they have a complaint, they’ve come to us and said there were kids running around the school, what can we do, OK we rope it off, we have volunteers wandering the school, making sure kids are in place, so again it’s not that we’re not trying to work with them, we are to the best of our ability."

In the parking lot after the conversation with parents, Huber said the chaperones were necessary because "we want to make sure our facilities are taken care of."

Asked if there were problems in the past that made chaperones necessary, Huber would only say, "We just want to make sure our facilities are taken care of.”

We relayed those comments to Lyons in an email and she said, "I would hope that if there were any issues that came up that I would’ve been informed. To my knowledge, I don’t recall there being anything that wasn't taken care of. Most issues that had come up were 'kid issues' and handled where both parties were satisfied. Issues with any property -- I only know of two and those were taken care of at the expense of Tri-Town and its insurance."

She said one property issue was recent and the other occurred many years ago.

The fees also don't make any sense, Lyons said, because Tri-Town volunteers take care of the facilities before, during and after events.

"The school puts on varsity games on Friday night," Lyons said. "When we get here on Saturday, that field is disgusting. It was lined but we set it up. We have to empty all the garbage cans. We have to get ready. We have our game. We clean up to the best of our ability. So you’re telling me as a school they have to ingest more fees when staff would have to do it on Monday?"

She added, "It’s not fair. When you really look at it, it’s not fair."

Students going through Tri-Town athletics makes the school district better, Lyons said. She said studies show that students who learn teamwork, discipline, and other life skills through sports do better academically.

The association also prepares young athletes to compete eventually at the varsity level -- a point Shepard also made during public comments after picking up the notes from Lyons.

"We have fed your school student-athletes for years," Shepard said. "We have helped put Alexander on the map with many individual wins, sectional wins, regional wins and many patches. How many athletic scholarships have been awarded compared to academic ones?"

Debbie Green said her daughter started with Tri-Town as a cheerleader when she was 5. After four years of cheer in high school, she earned a college scholarship. That is how Tri-Town benefits the school, the kids, and the parents, she said.

Green also noted that under the new fee structure, Girl Scouts, which she is involved with, will wind up paying $100 per meeting to continue meeting at the school.

The Batavian attempted to interview school board members after the meeting to get their indivdual takes on the association's feedback on the policy but we were only able to talk with two before the rest quickly left the building.

"When I’m outside the board and I’m not in session, I’m just an individual but I don’t give interviews," said Vice President Rich Guarino.

Asked if that was because of the district's "One Voice" policy, Guarino said, "Outside of the board, we’re just individuals and I don’t give interviews for anything. I don’t answer surveys on the telephone. I don’t give interviews."

Board Member Brian Paris did answer questions.

Paris said he believes the facilities policy is a work-in-progress, that it's really still in draft form and that the board is working on it.

"I’m not on the committee to develop it, so I don’t have tremendous insight but I do know that a lot of people put a lot of time behind it," Paris said. "I know this board. It’s a very reasonable board. Our goal is not to put any student in a position where they are not able to participate in any of these activities."

Lyons, Green, and Donna McArthur, who has been with Tri-Town for 42 years, said it's expensive enough being a parent of a student-athlete. Besides fees, there's equipment, training, travel, and other expenses that add up.

For the association, there are also expenses the district may not be considering, from insurance to recertifying football helmets every three years. And, McArthur said, the association has always made sure every kid who wants to play gets to play.

“We never have a child that does not play," McArthur said. "If they can’t pay as parents, we all kick in. We find them shoes, we find them a glove, no kid has ever been turned away.”

And community members help the school district in other ways. It was community members who did the fundraising in the 2000s for Chris Martin Memorial Field of Dreams, which is used by the district's football, softball, baseball and soccer teams.

For all these reasons, Lyons said, district parents aren't happy with what they see as astronomically high use fees.

"There has to come a point where, yes, there is that collaborative conversation," Lyons said. "But as a district, these parents are pushing back because they know that this organization cannot afford those fees. As parents, with that 99.6 percent of kids who are playing who are district kids, they’re already paying for this school. They don’t want to pay any more for it."

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