Jerod Matthew Baltz, 38, of Sparks Road, Pavilion, is charged with rape, 1st, and criminal sexual act, 1st. Sparks is accused of sexual intercourse with another person by forcible compulsion on March 18 at a location on Sparks Road, Pavilion.
He was arraigned in Town of Pavilion Court and put in Genesee County Jail in lieu of $25,000 bail.
Lynn M. Homer, 45, of Platten Road, Lyndonville, is charged with; aggravated unlicensed operation, 2nd; criminal possession of a controlled substance, 7th; driver's vision obstructed; and obstructed plate. Homer was stopped at 3:22 p.m. April 13 on West Main Street, Batavia, by Officer Christopher Lindsay. She was jailed on $1,000 bail or $2,000 bond.
Travis Lilbern Robert Bartz, 22, of Buell Street, Batavia, is charged with unlawful possession of marijuana. Bartz was allegedly found in possession of marijuana during an investigation into a complaint on Trumbull Parkway at 11:03 p.m. April 22 by Officer Mitchell Cowen.
Jacob A. Kasmarek, 19, of Fargo Road, Stafford, is charged with unlawful possession of marijuana and speeding. Kasmarek was stopped at 9:15 p.m. April 23 on East Main Street, Batavia, by Officer Christopher Lindsay.
Samuel McDonald III, 54, of Bank Street, Batavia, is charged with petit larceny. McDonald is accused of stealing two cans of beer from Tops at 6:39 p.m. Wednesday.
Matthew Frank Carney, 25, of Dodgeson Road, Alexander, is charged with DWI and driving with a BAC of .18 or greater. Carney was stopped at 12:55 a.m. Friday on East Main Street, Batavia, by Officer Arick Perkins.
Jesse James Sasiadek, 24, of Cayuga Creek Road, Cheektowaga, is charged with: DWI; driving with a BAC of .08 or greater; driving while impaired by drugs; driving while ability impaired by drugs and alcohol combined; and unlawful possession of marijuana. Sasiadek was stopped at 4:26 p.m. Sunday on Route 19, Bergen, by Deputy Erik Andre.
Jay Kenneth Feitshans Jr., 23, of Alleghany Road, Darien, is charged with petit larceny. Feistshans is accused of stealing property and selling it at a local business.
Stefanie S. Kitanik, 33, of Maltby Road, Oakfield, is charged with DWI, refusal to take breath test, uninspected motor vehicle, and no plate lamps. Kitanik was stopped at 2:09 a.m. Saturday on Maple Avenue, Oakfield, by Deputy James Stack.
David Wayne King Jr., 36, of Main Street Road, Batavia, is charged with endangering the welfare of a child. King is accused of falling asleep due to a prescribed medication and as a result, his 2-year-old son left his residence and was alone for a period of time.
Nelson E. Figueroa, 29, of Batavia, is charged with unlawful possession of marijuana. Figueroa was stopped at 10:40 p.m. Saturday on Route 33, Stafford, by State Police.
Icha R. Koirala, 28, a resident of the State of New York (exact town not provided), is charged with DWI, driving with a BAC of .08 or greater and speeding. Koirala was stopped at 9:18 p.m. Friday on Route 33 in Bergen by State Police.
Laura D. Vazquez Coronado, 38, of Elba, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in lane. Coronado was stopped at 4:39 p.m. Thursday on North Byron Road, Elba, by State Police.
Saturday morning was cool, damp and overcast but the mood at the YWCA on North Street, Batavia, was anything but downcast as more than 20 volunteers tackled a massive spring cleanup of the building and grounds in the belief that community organization has a new, brighter future.
Just a few weeks ago, the outlook for the YW was dire. Executive Director Millie Tomidy-Pepper announced the YW was out of money, in debt, and couldn't continue to operate without assistance.
"The community is showing an outpouring of support," Tomidy-Pepper said. "They want us to be here. This organization has helped so many people and I honestly didn’t know how much until I got here. Everybody has a story of how this organization helped them or they had a piece involved in it at some point."
The clean-up effort Saturday was massive, clearing away old broken toys, gardening supplies, and decorations, broken office furniture, and junk piled in the boiler room.
It felt like a fresh start.
The volunteers were among the 40 who showed up at the First Presbyterian of Batavia -- coming from churches in Byron, Corfu, Le Roy, Attica, Bergen, Batavia, and East Bethany -- that morning for three "Mission Day" projects, at Crossroads House, the Child Advocacy Center, and the YWCA.
"There are so many people here today helping," Tomidy-Pepper said. "There are people here rolling up their sleeves because this means so much to the community. My biggest thing is, we're open. We're open for business. We never stopped being open for business."
But some things have changed. The Crisis and Care Hotline is now run out of Niagara County and a group called Healthy Kids has taken over the before-school and after-school child-care programs.
"We realized that as we regroup and as we take a step back to analyze, that we can get stronger and go forward, we needed to kind of downsize a little bit," Tomidy-Pepper said. "We didn't want to do it haphazardly. We wanted to do it in a well-thought-out plan in order to transition to quality services so people will never know anything is different than it's being done by somebody else now."
Parents in the daycare programs won't notice a difference, she said. Healthy Kids is retaining all the staff at the same pay, all the same locations, the same hours, at no price difference for parents.
"They (Healthy Kids) are the rock stars here," Tomidy-Pepper said. "They really are. They did everything we asked."
Tomidy-Pepper is also getting help from the national YWCA.
Eileen Mershart, a retired YWCA executive director, is in Batavia for more than a week to help Tomidy-Pepper and the board, with an assessment of their situation and strategic planning.
"After about a two-hour board meeting last night, I told them, they are a pretty feisty group," Mershart said. "They are committed to turning this organization around. With that board support and the community support that I see today, and the interest from a variety of people, as the outpouring of people for friends and fundraisers, I see a path forward here.
"It may not look like it did before, but we will stay true to the domestic violence program and stay true to the mission to take this time to look at the community and community-wide needs."
Going forward, Tomidy-Pepper said there are other programs she things the YW can take on. At the top of the mission statement for the YWCA is eliminating racism. Tomidy-Pepper said she doesn't have specific ideas for programs at this time but that is important to her, she said.
The YW also has a mission of empowering women, especially women going through difficult times, so she would like to bring back a program called "Power Up."
Along those lines, Tomidy-Pepper decorated her office with two pictures of purses from the 1970s that she found in storage at the YW and a quote from Susan B. Anthony, "Every woman should have a purse of her own."
Among the people in the community coming forward to support the YW is Guy Clark Jr., owner of Cedar Street Sales and Rentals. He's holding a Cinco de Mayo celebration May 5 and $1 from every taco sold will go to the YWCA.
That's the first of a new series of fundraisers. The second one is hosted by Rick Mancuso, owner of T.F. Brown's. The date in May hasn't been selected yet and there are still details to finalize but it will be at the restaurant.
Tomidy-Pepper also praised Bob Swinarksi and students from Genesee Community College who have come in and taken care of all the YW's IT needs, including the computer system, the website, and social media.
"I remember in the interview process (for the executive director's job), I talked about how the foundation of any organization needs to be on a solid foundation before you build a house on top of it," Tomidy-Pepper said. "We’re rebuilding the foundation."
Even with the difficult transition, Tomidy-Pepper said, "I'm staying."
She added, "There on of people who came before me. The women 108 years ago (who founded the Batavia YWCA) had more challenges than I do right now. They’re the people who worked for the right to vote. They’re the ones who went into jails. They’re the ones that risked their lives.
"I’m not risking my life here, but it’s a mission and I believe in the mission and I believe it’s going to work out."
Millie Tomidy-Pepper, left, and Eileen Mershart, under the picture of purses and the quote from Susan B. Anthony.
Pastor Marty Macdonald was an evangelist for Downtown Batavia at the Business Improvement District's annual meeting and awards breakfast in the Generation Center on Friday morning.
Macdonald, pastor of City Church and the keynote speaker Friday, delivered a sermon on the virtues and values of Batavia, his belief in its potential, and his encouragement for Downtown's business owners to remain steadfast in their commitment to growth and community.
“This is the greatest city on the face of the Earth,” Macdonald said. “I really believe that. We as leaders are commissioned to make incredible decisions, not just once in a lifetime but every single day because we are presented with the call to make the future around us great. And not just for five, 10 or 15 years. We are called to change generations yet to come.”
He said he is overjoyed to see the success he sees coming Batavia's way and encouraged business owners not to gripe about the problems they might see but embrace what is going right.
"I’m thankful when I pull into the parking lot next to our building and I can’t find a place to park," Macdonald said. "I remember there was a time you could have thrown a bowling ball in any direction and not hit anything. Now people are upset because they’ve got to walk a little bit. Come on, we need to walk more anyways."
Instead of listening to the few lingering negative voices in the community who badmouth everything they see, Macdonald said we all should aim higher.
"I know I’m not talking to anybody in this room who talks about things that can’t be done," Macdonald said. "I’m talking to people who are can-do people here. Instead of saying what cannot be done or listening to the two or three voices in the community that seem to have the largest megaphone built into their mouths, let’s decide to live at a higher level than we’ve ever lived before. Let’s commit our attitude to be changed in order to go higher and go further than we have ever gone before."
After comparing and contrasting two birds of the desert -- the vulture that feeds only on dead things and the hummingbird that seeks beautiful flowers and spreads life -- Macdonald said, "Can I encourage you today to start thinking like a hummingbird, to start thinking like that one who is looking for life, looking things that are living, instead of focusing on something that is dead. I just want to throw this out here, and I don’t mean to insult anybody, but urban renewal is over. It’s dead. It’s gone. Yes, we learn from yesterday but we can’t stay stuck in yesterday if we are going to move on to a great future."
Adding, "In my church, everyone would say, ‘Amen’ right now."
Jon Mager, co-owner of the newly established Eli Fish Brewing Company, along with Matt Gray and Matt Boyd, delivered the opening remarks, talking about how the new restaurant, brewery, and restaurant incubator came to be.
"We all grew up in Batavia," Mager said. "We’re all very familiar with the area. We recognize that Downtown has been hurting for quite a few years. Over the years we, unfortunately, saw many restaurants and retail stores leave Downtown or close up completely. We admit we looked other places. We saw places with lower rent, lower operating costs, and lower construction costs over the entire project."
But they picked the former Newberry building for several reasons, including (the fact that) its surrounded by parking; Jackson Square is a hidden gem; there is ample traffic passing past the location; the current Downtown businesses are "awesome," and they are all nostalgic and love old buildings.
City Council President Eugene Jankowski talked about the benefits of the Downtown Revitalization Initiative and the process of the city winning the $10 million prize.
He recalled that while making a presentation in Albany, a slideshow of pictures was on a screen behind him when serendipity struck.
"I was talking about how I was walking to school and I remember the smell of those wet, demolished bricks and seeing this once beautiful downtown just rumble down," Jankowski said. "I remember that smell and I was telling the story, and unbeknownst to me, the picture came up of urban renewal and a pile of wet bricks. Jason (Molino) told me that afterward and I thought maybe the timing is right on this one."
Jankowski expressed his appreciation for Downtown's local business owners.
"I want to thank you from the bottom of my heart for investing your time and your hard-earned money in our Downtown and in our City," Jankowski said. "I know it’s a risk and I know sometimes it’s not always easy, but I as a Batavian really appreciate driving down Main Street and seeing all the traffic."
Jeff Gillard was named a Volunteer of the Year.
Derek Kane was named a Volunteer of the Year.
The Genesee Valley PennySaver, celebrating its 70th year in business, was named a Business of the Year. Pictured are Manual Karem, PennySaver ad manager, owner Steve Harrison, BID Director Beth Kemp, BID Board President Steve Krna, and Beth Walker, a sales associate with the PennySaver.
Adam Miller Toy and Bicycle, celebrating its 100th anniversary, was a Business of the Year. Pictured are Buzz Masse, Mark Masse, Joyce Masse, Cathy Roche, Michael Mugler, John Roche, and Krna and Kemp from the BID.
This afternoon, the Alexander Central School District released a statement to the community addressing concerns raised by parents in the district about school safety issues and how the Code of Conduct is enforced and implemented.
The statement also notifies the community that the district had already set aside money in the proposed 2018-19 school budget to hire a School Resource Officer (SRO).
The budget vote is May 15 and the district will hold a public hearing on the budget proposal next Wednesday, May 2.
Sheriff William Sheron has made it a priority to convince all local school districts to hire SROs.
"I'm very happy they made this decision," Sheron said. "It has been my position SROs should be in every school. There is no price we can put on our children's lives. I'm thrilled about the budget proposal and now we will let the voters decide."
The statement comes two days after publication of a story by The Batavian covering concerns raised by parents at two school board meetings about issues of concern.
Dear Alexander Community,
Student safety and well-being are top priorities at Alexander Central School District. Our work each day focuses on creating the conditions for students to thrive. We are committed to ensuring all of our students walk through their school days in a safe, structured, and caring environment as they strive to grow as confident, contributing learners. That commitment is our mission and drives our goals as a District.
Alexander is a wonderful community filled with caring families and remarkable children. The District provides outstanding opportunities in the classroom, in athletics, in the arts, and in clubs/organizations for all of our students. Our District is a great place for children to learn every day. Our community cares. Central to who we are as a community is our unwavering commitment to all of our students. As a District, we welcome feedback from students, parents, and community members on all matters relating to how we are meeting the needs of our students and how the District is functioning in alignment with our mission and our goals. When a student, parent, or community member reaches out to our teachers, administrators, and Board members, the concerns shared are taken seriously and acted upon as appropriate.
Recently, District administrators and our Board of Education have heard from parents regarding their concerns about the District’s commitment to student safety and well-being as well as how the District is applying the Code of Conduct.
The Code of Conduct provides a framework for our disciplinary processes when student conduct does not meet the expectations outlined in the Code. It is important to keep in mind that the details of any situation that may result in disciplinary consequences are complex, specific, and confidential. The District is not free to share the details related to specific student discipline or consequences - especially with parents and community members who are not the parent of the child involved. In fact, the District is legally bound to keep all of these matters confidential. We take that obligation seriously. Be assured, however, the fact that the District cannot provide the community with details relating to specific disciplinary consequences does not mean that the District is not taking action nor does it mean the District is not upholding the Code of Conduct. We work diligently to investigate all situations in which a student’s conduct is alleged to violate the Code and impose consequences consistent with our findings.
In responding to recent concerns expressed by parents and community members, the District’s unwavering commitment to confidentiality has put it at a bit of a disadvantage, particularly because others are not bound by the same legal requirements regarding confidentiality. In fact, some community members have questioned the District’s commitment to confidentiality and have even suggested the District was acting improperly by not sharing details of certain situations involving the District’s students. Our legal obligation and moral commitment to confidentiality should not be construed as the District being non-transparent or non-responsive. We are merely doing what we are legally and ethically obligated to do. While District administrators and our Board of Education are not at liberty to share the details of every situation that is brought to our attention, please know that does not mean that we are not committed to student safety and well-being. As a community, we must remember our commitment to each other and to our students, even when we disagree or question certain disciplinary consequences.
Our District administrators and our Board of Education have used the recent feedback from members of the community as an opportunity to reflect on our practices. In fact, conversations we started last spring with the Sheriff’s office regarding the possibility of adding a school resource officer (SRO) at Alexander CSD were reinforced by our current community conversation about student safety. The addition of an SRO is part of our 2018-19 budget proposal. We continue to welcome feedback. Through feedback, we continue to grow as a District.
As always, thank you for your support as we work to create the conditions for all students to thrive. Even when we disagree and even when all of the details of every situation cannot be shared, we always have our love for our District and our commitment to our students in common. Let's continue to work together to make sure our community remains strong and that we continue to move the work of our District forward.
With thanks~
Dr. Catherine Huber
A number of parents in the Alexander Central School District are unhappy with how some disciplinary issues are being handled and are speaking out at school board meetings, expressing frustration that district administration is, in their views, failing to meaningfully meet the requirements of safety and Code of Conduct policies.
The school board, and Superintendent Catherine Huber, for their part, are trying to limit what parents can tell them about their concerns and how Huber and her staff have responded to specific complaints.
Attempts to interview a board member or any board members after a meeting Monday night were rebuffed and a reporter was told only Huber could speak for the district or the board.
"Student safety and student well being is our top priority," Huber said that night. "Every parent who approaches the board or any administrator in the district, their concern is heard."
She would not comment further, she said.
Asked if based on parental feedback there was any need to make policy changes, all she said was, "I can tell you our Code of Conduct is updated on an annual basis."
Board President Reed Pettys was not present at the meeting. Reached the next day by email, Pettys issued a statement (copied in full at the bottom of this story) and said he could not and would not comment on specifics.
At a March 28 meeting, a mother of an elementary school student, Liz Felski, spoke during the public comment period and told the board a child in her daughter's class was continuously disruptive.
After mentioning she is an Alexander alumna, she said, "So you cannot imagine how disappointed I was when my daughter came home and said she was terrified to go to her class. She has encountered many violent disruptions in class, including hitting and kicking..."
At that point, Pettys cut her off and said she couldn't talk about specifics in a classroom.
Felski, herself an educator with a docorate in education (Ed.D.), then cited the Code of Conduct's language on providing a safe and orderly school environment.
She said she doesn't believe the Code of Conduct is being followed.
"My daughter has told me her class is disrupted five or six times to redirect and get them focused," Felski said.
Felski's remarks were captured on an iPhone recording of the meeting provided to The Batavian by another parent.
"After I conveyed my concerns to Dr. Huber, she said all she (Felski's daughter) was entitled to was an education and this would be in a classroom."
Pettys interrupted her remarks again and said Felski could not mention specific individuals.
After some cross talk, Pettys said, "This is public comment and I understand there are emotions behind your thoughts. Talking about our policies is appropriate. We can’t speak to specifics in the classroom."
Felski responded, "I'm talking about my daughter's comments to me. I’m not talking about a specific student. I’m talking about what my daughter is witnessing in a classroom on a day-to-day basis."
Pettys told her specific issues should be taken up with the administration. A parent in the audience said, "they were repeatedly ignored."
Pettys said, "We are a policy-making board."
The audience member said, "We know your policies and we don't believe you're following them."
Felski tried to continue her statement and was admonished by Pettys again not to discuss classroom specifics.
"That is something to be addressed with the superintendent or the administration," Pettys said.
A parent in the audience said, "If they don't respond?"
Pettys said, "This isn’t a discussion. We’re just here to listen. This back and forth is not what it is intended for."
At which point he called another parent to the podium, who also raised concerns about student safety and the Code of Conduct. Then another parent spoke.
"Many parents are worried on a daily basis about some things that are occurring," said the mother whose name wasn't clear on the recording. "Hopefully, we can all work together to improve on the policies so they make sense for everybody."
After her, another mother spoke who said her child was also in the elementary school and she was very worried about the safety of her child.
Before Felski spoke, another mother addressed the board and laid out at least a half dozen proposed policy changes.
None of these suggested changes were captured in the board minutes, so as to give the board a better chance to consider them and discuss them at a later date.
At Monday's meeting, among the speakers was Jerome Morrison, father of Liz Felski, who said he was speaking on his daughter's behalf after she left the previous meeting in tears because she was repeatedly interrupted at the March 28 meeting and wasn't allowed to finish her statement.
"She is as well qualified as anybody in this room and she was treated like she doesn’t belong," Morrison said.
He said he didn't think the district was being responsive to the concerns of parents.
"When you refuse to grant meetings to concerned parents, or do not respond to emails, and threaten teachers and staff members about speaking out ,and cut people off who are trying to voice serious concerns, you leave parents with no options but to be heard," Morrison said.
As for his granddaughter, he is much less concerned about her safety in school.
"There’s good news on my granddaughter’s account," he said. "She now goes to school safely and without fear. Unfortunately, she had to change schools to do it."
Outside the board meeting, Morrison told The Batavian, the child who is reportedly disruptive once raised a desk over his head threatening his granddaughter. He said the child wasn't disciplined.
Another parent said the same child brought a knife to school a few days later and received a three-day suspension.
Three other parents spoke Monday, including two who said they were frustrated because their children had been given lengthy suspensions for minor violations while the elementary school student who is said to be so disruptive never receives serious punishment.
One of the parents, Casey Scott, said her teenage son is part of the program for students with disabilities and he used to struggle in school. This year, he had been doing great academically until he was suspended for the rest of the school year and now he's failing two classes. She said one of her complaints is that he's been out of school for nearly two weeks and she has been unable to get his assigned homework so he can keep studying. She got some assignments from his BOCES instructor, but not from Alexander HS.
"I was also told if I pursued the issue any further it would backfire on us," Scott said.
Another parent shared similar concerns about homework for her suspended child.
Outside the meeting, Scott said her son was suspended because, on a bus trip to the BOCES campus, her son and another boy grabbed and bear-hugged another student. She said she thought it was playful, the school took it as bullying. She said he had no other disciplinary issues.
Below is the email The Batavian received from Reed Pettys (Note, in our initial set of questions to him, we asked a general question about whether he prevented a parent from speaking at the "previous" meeting. It turned out, that was actually a meeting before the last meeting. We say that to explain his final sentence.)
Thank you for attending our Board meeting last evening.
The District takes matters of student safety, discipline, and learning very seriously.
The safety and well-being of our students is our top priority.
We cannot and will not comment about issues specific to any student or staff.
Our Code of Conduct is updated on an annual basis. I can assure you that in all cases, the Code of Conduct is and has been applied fairly and consistently.
The administrators and Board of Education listen and take action as appropriate to all concerns brought to us by students, parents, and community members.
Please know that no members of the public spoke at our last meeting on 4/11/18.
PUBLISHER'S NOTE: At 11:24 p.m. The Batavian received an email from an attorney for the school district demanding that The Batavian retract this story. While alleging many faults with the story, the attorney did not assert that it was in any way libelous or defamatory. We are not going to retract this story. We stand by our reporting. We affirm the story is factually accurate and does not suffer from the deficiencies she claims; though, in fairness, we should acknowledge one point she made. The school board, as with all public bodies in New York, is under no obligation to provide for public comments on its agenda. Further, it is not legally obligated -- though it might be wise -- to keep minutes on public comment.
After an apparent inability to reach an agreement with 1366 Technologies that would have paved a path for the company build its solar wafer plant in the STAMP project in Alabama, an attorney for the Department of Energy is threatening legal action against the startup for planning its factory in Southeast Asia.
John T. Lucus, acting general counsel for the DOE, submitted a letter to trade representatives last week in opposition to a request by 1366 for an exemption from a proposed tariff on solar panels manufactured overseas.
Citing a claim by 1366 in its application for the exemption that it is building a factory in Southeast Asia, Lucus wrote, "1366, however, made U.S. manufacturing commitments to DOE as part of millions of dollars in funding agreements with 1366. Constructing and operating the Southeast Asia facility is likely contrary to 1366's U.S. manufacturing commitments to DOE. DOE takes this matter very seriously and is currently looking into 1366's compliance with its DOE funding agreements."
A spokeswoman for 1366 declined to comment.
"We are not providing comment on the letter at this time as we’re working to consult with the DOE to gain additional clarity," said Laureen Sanderson.
The letter from Lucas makes it sound like the DOE either released funding or followed through on commitments to help fund the $700 million plant 1366 had hoped to build in Genesee County.
In fact, 1366 withdrew its application for funding late last year and announced its plans to build a plant overseas instead of in the U.S. after the DOE failed to finalize a 2011 agreement for a $150 million loan guarantee.
After 1366 selected Genesee County for its facility, the company sought to renegotiate part of the agreement. The negotiations were put on hold following Donald Trump's election and did not resume until well after Secretary Rick Perry was confirmed. According to sources, the DOE was unwilling to make any changes to the agreement, specifically as it related to a requirement that 1366 raise $100 million in private investment. At that point, the company had raised $80 million.
The other part of the agreement used by the DOE to justify withholding the loan guarantee was that the company had not selected a location in the United States for its manufacturing facility even though 1366 had signed documents with both the Genesee County Economic Development Center and Empire State Development naming STAMP as its future manufacturing home.
The 1366 manufacturing process is patented and touted as potentially disruptive to the energy industry because it eliminates waste, lowers costs, and boosts power efficiency. It was developed at MIT.
The factory in Alabama was expected to employ as many as 1,000 people at full capacity making just solar wafers, not solar panels, and the company said all of the initial customers would be overseas and not in the United States.
The letter from Sanderson to the U.S. Trade Representative regarding the Trump administration's proposed tariff on solar panels says the company is seeking an exclusion on the portion of any panels imported into the U.S. using direct-to-wafer technology. The wafer comprises 70 percent of a panel's expense, Sanderson said.
The exclusion application also states that 1366 still plans to build a factory in the United States at some point that will employ 700 to 1,000 people.
The company said the exemption would give the U.S. solar industry "breathing room" in order to compete in the global market.
In the request summary, 1366 states:
The greatest barriers facing U.S. companies today come from a trade imbalance that places U.S.-based firms at an obvious disadvantage, scaring off private investors, stifling on-going U.S.-based manufacturing innovation and forcing U.S. companies to negotiate product sales and technology licensing agreements with foreign, state-funded companies from a position of weakness. The U.S. now has a very real opportunity to correct this imbalance and right the course for U.S. manufacturers and innovators so that they, in turn, can focus on job creation.
SolarWorld, based in Bonn, Germany, and one of two companies (along with Suniva, which has since gone bankrupt) that lobbied for U.S. tariffs of 30 percent on solar panels, opposes the 1366 exemption. While acknowledging the innovative manufacturing process employed by 1366, SolarWorld's Timothy C. Brightbill says the final product is indistinguishable from existing wafers.
SolarWorld itself has received $121 million in state and federal grants and tax breaks and another $61 million in loan guarantees. SolarWorld is also struggling and is currently seeking bankruptcy protection in Germany.
SolarWorld is also opposing an application by Panasonic/Telsa for an exemption for a part used in solar panels manufactured in Buffalo.
Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.
Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.
Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.
Jessie P. Polito, 40, of 407 Frederick Douglas Street, Rochester, is charged with three counts of grand larceny, 4th, and one count of petit larceny. Polito was arrested following a lengthy investigation by Le Roy PD into a stolen purse in the Village of Le Roy and use of credit cards in the purse in Monroe County. Polito was identified as the suspect through video surveillance as the user of the cards and a warrant was issued for his arrest. Polito turned himself into Le Roy PD.
Olivia Nichole Smith, 21, of School Street, Batavia, is charged with driving while impaired by alcohol and drugs, possession of a forged driver's license, and open container. Smith was arrested after Deputy Ryan DeLong responded at 11:30 p.m. Friday to Route 33, Bergen, to a request to check the welfare of a person on a roadside vehicle.
Richard Sampel, 48, of Batavia, is charged with criminal contempt, 1st. Sampel was arrested by State Police based on a report at 10:17 p.m. Tuesday, in the Town of Alabama. No further details released.
Chelsea E. Vercruysse, 21, of Medina, is charged with unlawful possession of marijuana. Vercruysse was stopped by State Police at 9:12 p.m. Monday on Route 63 in Batavia.
Gary David Burney, 37, of North Spruce Street, Batavia, is charged with robbery, 2nd, two counts of grand larceny, 4th, criminal contempt, 1st, criminal contempt, 2nd. Burney was allegedly located in the apartment of a person he is barred from contacting in any manner. He was arrested on a warrant stemming from a prior incident where he stole the keys, purse and vehicle of the person he was ordered not to contact. Burney was jailed without bail.
Jacob Jonathan Szumigala, 24, of Orchard Park Road, Oakfield, is charged with: DWI; vehicular assault, 2nd; aggravated unlicensed operation, 1st; speed not reasonable and prudent; consumption of alcohol in a motor vehicle; violation of driving restrictions; driver's view obstructed; deposited refuse on a highway; and unsafe passing on left. Szumigala was charged following a three-vehicle, serious-injury accident on Main Street, Corfu, at 5:01 p.m. Thursday. (Previous report.)
Morgan L. Cox Sr., 50, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, and aggravated family offense. Cox is accused of violating an order of protection.
Luis A. Ramos-Mecardo, 33, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Ramos-Mecardo was stopped for an alleged traffic violation at 3:45 p.m. April 13 on Main Street, by Officer Christopher Lindsay.
Frankie McQueen, 27, of Broadway Road, Alden, was arrested on a warrant for alleged failure to appear in City Court and failure to adhere to terms of a prior sentence.
Terry O'Neal Brock, 18, of Wellington Avenue, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and speeding. Brock was stopped at 12:38 a.m. Sunday on Route 33, Batavia, by Deputy Jeremy McClellan.
Jorden Elizabeth Prescott, 23, of Ellicott Street Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Prescott was stopped at 1:13 a.m. Saturday on Route 33, Bergen, by Deputy Howard Wilson.
Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with DWI, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Chavez was stopped at 8:40 p.m. Friday on East Main Street, Batavia, by Deputy Matthew Bailey.
Shequan M. Williams, 26, of Rochester, is charged with unlawful possession of marijuana. Williams was stopped by State Police at 10:34 a.m. Sunday in the Village of Alexander.
When Rep. Chris Collins is in Batavia around noon and has time to stop for lunch, he usually makes that stop the Pok-A-Dot. Today, he had with him Greg Ibach, undersecretary/marketing and regulatory programs for the USDA (center). Joining them for lunch were Dana H. Coale, deputy administrator of the USDA, and Peter Fredericks, associate market administrator for the Northeast Market Area for the USDA.
They had just come from Wyoming County where Collins hosted a roundtable discussion for dairy farmers. They then toured the Rudgers Registered Jerseys Farm in Attica.
Before lunch was served, Ibach spoke with The Batavian about a few issues that concern local farmers.
Farmers across the nation are nervous about new protectionist trade policies but Ibach expressed optimism that things will work out favorably for agriculture.
"I’m a farmer from Central Nebraska," Ibach said. "My children and grandchildren are our fifth and six generations to grow up on our family farm. Through the years, as we’ve seen great growth opportunities for export agriculture, we always seem to hit up against phytosanitary barriers, quotas, or tariffs that have limited our true potential to grow agriculture markets. We, as farmers in the Midwest, have always asked the government to do something about those barriers and of export markets. This is administration is trying to do something about it."
He said he understands the anxiety and shares the anxiety, he said, but progress with KORUS (the free-trade agreement with South Korea) and the reports he is getting on NAFTA negotiations are positive for farmers.
"I’ve got to believe the world still wants to be consumers of U.S. products," Ibach said. "If they understand that the ticket to be able to continue to ship to us is that they expand our opportunities, I think we will be successful here and I think we’ll see even higher growth rate for agriculture commodities down the road. We may have to suffer a little bit here in the short term but we will get the benefits in the long term."
Many farmers have specific complaints about NAFTA but few want to see the agreement torn up. Locally, farmers complain about limits on the Canadian dairy and produce markets. Ibach said he understands those concerns and believes they are being addressed in negotiations.
"I'm confident we will reach an agreement that is better for everybody," Ibach said.
Another big concern for local farmers is immigration. They continue to struggle to find a sufficient and stable workforce.
Ibach said its a concern shared by farmers and ranchers across the nation, especially when it comes to temporary worker visas for employees who need to be on their farms year around.
"We're trying to work with Congress and the Department of Labor to understand those needs," Ibach said. "Secretary (Sonny) Perdue has a senior advisor who works on this issue every day. We’re trying to try to help find programs and adjustments that can be made to address agriculture worker concerns."
One of Ibach's areas of specialty is expanding ag markets to the rest of the world and he said he sees great opportunity in Southeast Asia, especially Vietnam, India and Africa.
"The entire continent (Africa) is projected to have quick, high growth," Ibach said. "At the same time, they have a lot of poverty. We're just starting to see a middle class emerge. With their agriculture, just with them trying to feed themselves, there is room for us to work with them on that and have them accept the technology out there as far as biotech to allow them to grow themselves as well as be customers of ours."
Here's a press release from the office of Chris Collins about the dairy roundtable:
Congressman Chris Collins (NY-27) today hosted USDA Under Secretary Greg Ibach for a dairy roundtable in Wyoming County and tour of Rudgers Registered Jerseys Farm. Collins and Ibach discussed the 2018 Farm Bill, NAFTA negotiations, and other issues that impact local dairy farmers.
“With the release of the Farm Bill and ongoing NAFTA talks, it is my hope that our region’s dairy farmers will soon see some relief,” Collins said. “Agriculture is the backbone of our region’s economy and it is essential that we implement policies that help our farmers succeed. I thank Under Secretary Ibach for traveling to my district to talk about important issues that face Western New York dairy farmers.”
“As a fifth generation farmer myself, I appreciate the many ways that Rudgers and other Western New York dairies contribute to their communities and the region,” Ibach said.“The American dairy industry faces challenges from a number of directions. USDA will continue to listen and work hand-in-hand with producers of every size and our Congressional partners, like Congressman Collins.”
This week, the House Agriculture Committee favorably reported the 2018 Farm Bill, which includes important reforms to the Margin Protection Program (MPP). This program provides critical protections to dairy farmers as milk and feed prices fluctuate, and proposed changes will allow farmers to receive more coverage at less cost.
The Farm Bill also strengthens investment in trade promotion initiatives, designed to build upon our current agriculture exports. This week Collins sent a letter to U.S. Trade Representative Robert Lighthizer urging him to put an end to Canada’s Class 7 pricing program. As NAFTA negations continue, Collins pledged to work with the Trump administration to get rid of this program, which has created an unfair playing field and has essentially eliminated U.S. exports of certain dairy products.
Additionally, Collins and Ibach discussed with farmers the unfair and complicated H-2A visa system that treats workers on certain types of farms different than it treats those on dairy farms. As a strong advocate for year-round legal work status, Collins and Ibach voiced commitment to finding solutions so dairy farmers can depend on a reliable and willing workforce.
Collins added: “I always enjoy meeting with our region’s dairy farmers and thank the Rudgers family for their hospitality and honest discussion about what we need to do to get this industry back on track. I look forward to continuing our work together on ways to strengthen and grow our dairy economy.”
Genesee County has a lot going for it, several positive check marks, in a new "community report card" from ACT Rochester but a big surprising negative: Arts, Culture, and Leisure.
The Rochester-based nonprofit agency scored Genesee County with a red mark and trending down in the report released today.
For anybody who participates in arts and culture in Genesee County, that might be a surprise.
Gregory Hallock, director of GO ART!, said he definitely disagrees with the assessment.
"There is a ton of stuff happening in Genesee County," Hallock said. "We have murals all over the county. You can walk an art trail downtown. We have the Genesee Symphony Orchestra, Batavia Players, the Wind Ensemble, the Concert Band. We have breweries. That is art and culture. It's everywhere. It's in architectural design. Our building (GO ART! in Seymour Place downtown) is not only historical, it's an architectural accomplishment. There is just art everywhere."
He then started listing off more arts and culture in Genesee County, such as Genesee Community College's art gallery and theater, and the museums, and the restaurants, and the art schools and dance studios.
"That's a lot," he said. "One of the biggest things is you don't realize it's here. It's everywhere. Art is all over the community."
Hallock moved to Batavia from Buffalo and he said he thinks there is a more active arts community in Batavia than there is in the bigger city.
None of those things, however, are measured by ACT Rochester.
Ann Johnson, the initiative's director, said the report card tries to work with objective, quantifiable data that is accessible through public records. It would be cost prohibitive to survey every county's arts group, even if every county has an art group, to get a complete picture.
What is measured in the report for arts and culture is tourism spending per resident ($1,576), recreation spending per resident ($205), and the number of art teachers in the county's school (with 77, higher than most other counties in the state).
Genesee County tends to beat out other counties in the region in all these counties but not the rest of Upstate.
Johnson acknowledged that the data doesn't capture everything about a community's art and culture activity and how a community might feel about it. The numbers measure, in reality, whether people are coming to a community for arts and culture and leisure. It doesn't measure what local residents are spending for local arts and cultural events.
"I don't think Genesee County should feel at all that all that the red is a negative indication," Johnson said. "It is actually what the data shows us when we add up the indicators in that category. It shows up as red."
Tom Turnbull, president of the Genesee County Chamber of Commerce said the report reminded him of the old aphorism, "there are lies, damn lies, and statistics."
There's more to tourism and culture in Genesee County then can be captured in numbers and there is no comparison for a rural community when measured against larger counties.
"Anybody trying to base what goes on in tourism based solely on statistics is not really getting the whole picture of what is going on," Turnbull said. "Just compiling stats and trying to make a point I think is really irrelevant. I think it is unfair to us."
Potentially, a person who might think of relocating to Genesee County, or worse, a site selector for a big company, might find this report online and get a negative impression of Genesee County as a place to come and enjoy arts and entertainment.
That is a concern, said Steve Hyde, CEO of Genesee County Economic Development Center.
"I'm all about trying to change the image and enhance the image of this community," Hyde said. "We're really focused on growth we've had that focus for years. We've made a lot of progress but it's a marathon, not a sprint. When reports like this come out, where they may not have all of the relevant facts in order to make a judgment, it is rather weak and distorts reality."
Coming out of the $10 million Downtown Revitalization Process, Hyde said he witnessed firsthand how the local arts community on growing and enhancing what they do, including GO ART!, Batavia Players, and Batavia Showtime.
"I look at those trends and they are very good trends for arts, culture, leisure and the local economy," Hyde said. "We are active and engaged and working to make things better. That's the point I would make to a site selector, that we are engaged more than (what) a couple statistics might show that comes out of a book."
To pick up on comments by Hallock, Genesee County has a lot to be proud of in this category:
What did we forget?
Photos: File photos.
Jason R. Anderson, 36, of South Main Street, Batavia, is charged with grand larceny, 4th, driving while under the influence of drug and alcohol, criminal mischief, 4th, and possession of a hypodermic instrument. Anderson is accused of driving his vehicle into Kibbe Park where it became stuck in the mud. Anderson then allegedly stole another vehicle and attempted to push his vehicle out of the mud. That vehicle also became stuck in the mud. The stuck vehicles were reported at 1:27 a.m. Tuesday. Upon investigation by officers Mitchell Cowen and Arick Perkins, Anderson was allegedly found to be under the influence of drugs and alcohol and in possession of needles. He was arraigned and jailed without bail.
Kiara M. McCoy, 28, of Woodward Street, Rochester, was arrested on a warrant for alleged failure to answer a traffic summons. McCoy was located by Rochester PD and turned over to Batavia PD. McCoy posted bail and was released.
George E. Norway, 65, of North Pearl Street, Oakfield, is charged with aggravated harassment. Norway allegedly left a threatening message for an employee at the Department of Motor Vehicles. Norway was arraigned and released under the supervision of Genesee Justice.
Sarah D. Peterson, 26, of Le Roy, is charged with unlawful possession of marijuana. Peterson was arrested by State Police at an apartment in Le Roy at 12:15 p.m. Wednesday.
Samuel R. Oddo, 34, of Batavia, is charged with grand larceny, 4th. Oddo is accused of stealing property at Target with a value of more than $1,000. He was arrested by State Police at 2:34 p.m. Monday.
Jessica M. Pfenninger, 35, of Batavia, and Robin L. Walsh, 51, of Batavia, are charged with criminal possession of a controlled substance, 7th. Pfenninger and Walsh were arrested by State Police at 2:38 p.m. Wednesday. No further details released.
The Genesee County Legislature is having a hard time coming to terms with borrowing $4 million to potentially save $4 million or more on future energy bills.
Not every member of the Legislature believes the cost savings are real, or that the county should borrow that much money on an expectation of saving money years from now.
Legislators Gary Maha and Andrew Young are the most skeptical.
"I appreciate the effort," Young said. "I try to look at everything just as I would for my business. Would I do it? I would not borrow $4 million and hope I got it back over the next 20 years. I don’t know too many business people who would."
He called the idea, from a business perspective, "irrational."
Clattenburg said she looked at it a little differently.
"The rationale is like any homeowner," Clattenburg said. "You buy an energy-efficient furnace and your costs are cut in half and you take saving from the energy cost and use it to pay for your furnace. You talk about (as) if, I was a business. I talk about it as if I were a housewife and I was buying a furnace. That is how I would look at it."
In summary, the proposal involves the county signing an agreement with Johnson Controls that would entail the county borrowing $4 million. Johnson Controls would then act as a contractor for a series of projects intended to reduce energy consumption at county buildings.
Many of the projects are already part of the county's capital investment plans. Over the 20 years, the county would pay $200,000 a year on the loan but save an estimated $200,000 a year in energy costs. Johnson Controls guarantees a certain amount of costs savings realized in each of the first three years of the contract. The county could buy a sort of extended warranty for additional years to guarantee savings, though that isn't really being considered.
County Highway Superintendent Tim Hens first brought the idea to the Legislature in February and the Legislature gave him the green light to put together a resolution to approve a contract with Johnson Controls.
He's been to two committee meetings this week, Public Service on Monday and Ways and Means on Wednesday, to discuss the proposal with legislators. Neither committee has yet to approve the resolutions.
Yesterday, Ways and Means tabled the resolution pending more information on other financing options, such as using $2 million the county has available and borrowing only $2 million, perhaps from another source.
“I don’t just see it as a loser," Hens said during a 30-minute robust discussion of the proposal Wednesday. "I think it’s a good deal for the county. I wouldn’t be here for my third committee meeting pushing it so heavily if I didn’t think it was a great idea for the county.”
The benefits as laid out by Hens, County Treasurer Scott German, and the legislators who support it -- Shelly Stein, Marianne Clattenburg, John Deleo, and John Hilchey -- include:
Maha said he isn't against the idea of getting the work done, but he isn't comfortable on taking on a $4 million loan with a 20-year payoff, especially when the county is looking at a potential expense of $45 million or more for a new jail.
"The timing of it bothers me," Maha said. "I understand the benefits of the energy efficiency at the county buildings but I look at my home, you know, I haven’t put any energy into my home until I have the money. I don’t think my constituents want me to say 'yeah, go ahead and borrow $4 million' when we’ve got other projects out there that will cost the county millions of dollars.”
Not every project in this proposal will, by themselves, lead to cost savings. Putting a new roof on the highway garage, for example, won't reduce energy costs but it must be done and it can be included in the contract. Making it part of the Johnson Controls contract takes it out of the list of other capital projects the county must pay for using the existing capital budget.
Most of the cost savings actually come from some of the smaller projects, such as switching lighting in county buildings to more energy-efficient systems.
Some projects, such as replacing the eight air handlers on the roof of County Building #2, will both reduce energy costs and save maintenance costs.
"Right now we spend a ton of time repairing broken air handlers in Building #2," Hens said on Wednesday. "We don’t have great job-costing software to be able to track exactly what we spend, but I can tell you, Terry and the other guys have a lot of overtime going in after hours to fix air handlers or going to the jail to repair the boiler."
Deleo admitted to some skepticism of the proposal but near the end of the discussion Wednesday, he said he had warmed to it.
"So you’re saying right now cash is cheap, so let’s lock it in at the low rate and keep that over the 20 years because it’s cheap now, and then we’ll keep our cash in reserves and if things go off, we always have the cash, and cash is king, as they say," Deleo said. "I’m not as negative against this anymore as I hear it more and more."
Young said he doesn't think the savings is sufficient enough to justify taking on $4 million in debt. Using a calculation provided by Johnson Controls called Net Present Value, Young said there are essentially no savings.
The initial NPV calculation showed only $1,357 in savings on the value of the money, but Hens said with a lower financing rate, the new calculation is $38,519.
"I’m not 100-percent confident, there’s no guarantee it’s going to pay for itself in 20 years," Young said.
Net Present Value is a term economists use to try and determine the value of money today against the value of money at some point in the future. The calculations can get complicated. A straight calculation of $4 million today versus the value of that money in 20 years would, at a steady rate of 2-percent annual inflation, be $2.7 million.
Such straight-line calculations through having little predictive value. We don't know what the rate of inflation will be in each year, what interest rates might be in future years (if money isn't borrowed now and is instead borrowed on a project-by-project basis in coming years); and in this case, how the cost of energy will change over 20 years.
Maha is concerned about placing bets on the prediction of the future, he said. Who knows what technology changes will come in 20 years? He suggested in 20 years, whoever is still around in county government will have no real knowledge of why the loan exists and what purpose it served.
"I want to reiterate that my concern is, I don't care if it's $1 million or $4 million, I don't like the 20 years," Maha said. "Who knows what is going to happen 20 years down the road. Who is going to look back in 20 years and remember why we did this?"
Clattenburg countered, “We might look back in 20 years and say look at all the money we saved over the 20 years.”
Both Hens and German made the point a couple of times during the discussion that the estimated saving presented by Johnson Controls should be considered "conservative" estimates that the actual cost savings should be higher. Johnson Controls, Hens noted, with the first-three-year guarantee on its estimates, doesn't want to overestimate and wind up owing the county money, so their estimates are cautious.
Clattenburg, who chairs Ways and Means, was perhaps the staunchest proponent of the Johnson Controls proposal.
“If we don’t do this and we go the other route (paying for each project individually), don’t come to me to override the tax cap at any point," Clattenburg said. "I hope you are willing to do that if we don’t go this way because that’s what’s going to happen."
Neither legislators Bob Bausch nor Gregg Torrey expressed an overt opinion on whether they will support the proposed contract. But Bausch suggested that maybe the county could use current capital project funds along with some reserves, up to about $2 million, to reduce the amount of money borrowed. That would both reduce the total amount of interest paid and reduce the length of the loan, perhaps to as little as six years.
Hens said that would mean going to another firm for financing and losing the guaranteed 3.5 percent rate. German said he would have to gather estimates but the rate wouldn't be guaranteed until the county was actually ready to take out the loan, which could be two months.
The committee agreed to table the resolution until German is able to report back on that option.
CLARIFICATIONS: We should have pointed out in the body of the story that the estimated cost savings on utility bills alone if the loan is taken out is $117,250. Hens says that's a conservative estimate based on an inflation rate of 3 percent over 20 years. He said the actual rate since 1998 has been 3.9 percent and going back to 1958, the averaged annual rate of inflation for energy costs has been 4.32 percent. If either of those figures hold true, he said, the county will save substantially more.
In the next few weeks, District Attorney Lawrence Friedman will need to make a decision he's never had to make in his more than 36-year career as a prosecutor: whether to send a case involving the police shooting of an armed suspect to a grand jury for review.
Friedman has not yet seen all the evidence in the incident at the Log Cabin Resturant in Indian Falls a week ago and said he won't make a decision about presenting the case to a grand jury until State Police investigators bring the completed case to him.
A week ago, officers were dispatched to the Log Cabin for the report of a disturbance at the restaurant followed by additional reports of shots fired. Upon their arrival on scene, Keith A. Kent, 61, of Albion, reportedly fired another shot. Officers yelled at Kent to drop his weapon. At that time, according to information released so far, Kent turned toward Deputy Ryan Young and may have pointed his handgun at the officer. Young shot and killed Kent.
State Police investigators have witnesses to interview, body camera video to review, ballistics and forensic evidence to examine. If all of that supports the version of events released by law enforcement so far, that would seem to point to a justified shooting.
Even if that is the case, Friedman said, a grand jury could still be asked to review the evidence.
Asked several different ways to try to explain how he will reach a decision on whether to bring in a grand jury on the case, Friedman chose his words very carefully. He wanted to be clear that he hasn't made that decision yet and did not want to say anything that would make it sound like he had made that decision.
"I'm not holding back," Friedman said. "I have not decided which way we go between those options."
He said some District Attorneys in other jurisdictions always send cases such as this to a grand jury. Others make a decision themselves on a case-by-case basis.
"We don’t have a policy of how we handle these cases because there’s never been one, thankfully," Friedman said.
The last time a police officer in Genesee County shot another person in the line of duty was 1977 when Batavia PD Officer Douglas Squires shot and wounded William Timoney during a robbery of a convenience store on Oak Street.
Friedman praised local law enforcement for their professionalism and restraint in not firing their weapons at suspects in recent years even though in several instances it appears such a shooting would have been justifiable.
One of those involves Deputy Young, who was a Le Roy police officer when dispatched to Selden Road after a report of a man being shot in the head. That was on Dec. 1, 2015. When he arrived on scene an alarm came in for a house fire a few houses down the road. As he pulled up, Kyle Johnson fired a rifle in the direction of Young and a fire chief. Young took cover and provided information about the location of the shooter as other officers arrived. Johnson wandered up and down Selden Road for hours, sometimes pointing his weapon in the general direction of police officers. He was eventually taken into custody with no further shots fired.
At Monday's Public Service Committee meeting, Chairwoman Shelly Stein commended Undersheriff Gregory Walker on the department's handling of the situation at the Log Cabin.
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"On behalf of the whole Legislature, I want to commend you, your department for keeping everyone safe, getting everyone home. It’s really a credit to the department."
Walker said after the meeting that Young remains on a paid leave of absence and it will be up to him to decide when he's ready to return to work. He is being provided support and assistance from the department.
"He's doing as well as expected under the circumstances," Walker told the county legislators.
A woman was found dead, apparently murdered, at 11:57 a.m. yesterday at the Sunset Model, 4056 W. Main Street Road, Batavia.
A medical examiner has determined the cause of death was "sharp force trauma to the carotid artery."
Yesterday morning a deputy responded to a report of an unresponsive woman in a room at the motel. Responding deputies determined she was dead and Coroner Jeffrey McIntyre responded to confirm her death.
The case has been ruled a homicide by the medical examiner.
The woman has been identified by authorities but her name has not yet been released pending notification of family.
Amanda E. Havens, 36, of Munson Street, Le Roy, and Thomas Williamee (no further info released) are charged with petit larceny and conspiracy, 6th. Havens and Williamee are accused of stealing gasoline from Top's Friendly Market.
Anthony Charles D'Ambrosia, 38, of Mosley Road, Rochester, is charged with bail jumping. D'Ambrosia allegedly failed to appear for a scheduled court date in City Count. He turned himself in within 30 days of his scheduled appearance. He was jailed on $500 bail.
Minnie Marie Henry, 30, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to meet sentencing requirements. He was arraigned and jailed.
Leroy Thornton III, 27, of Ashland Avenue, Niagara Falls, is charged with harassment, 2nd. Thornton allegedly threatened another person during a disturbance on Dellinger Avenue at 9:10 p.m. March 11.
John P. Henning, 56, of Batavia, is charged with criminal contempt. Henning was arrested by State Police on Monday. No further details released.
James Benjamin Page, 38, of Edgeware Road, Rochester, is charged with petit larceny, aggravated unlicensed operation, driving without an ignition-interlock device. Page was allegedly found by Deputy Jeremy McClellan at 11:35 p.m. Saturday loading scrap metal from a local business into a vehicle without permission. He allegedly had possession of control of the vehicle at the time.
Mallard Akoma Newkirk, 25, of Lake Artesia Road, Faison, N.C., is charged with unlawful possession of marijuana. Newkirk was arrested after a report of the odor of marijuana coming from a hotel room at the Econo Lodge in Pembroke at midnight, Saturday.
Patricia Lynn Gertis, 57, of Mount View, Arcade, is charged petit larceny. Gertis is accused of shoplifting from Kohl's Department Store in Batavia.
Deborah Ann Scholonski, 48, of Griswold Road, Bergen, is charged with: DWI; driving with a BAC of .08 or greater; speeding; driving a vehicle without valid inspection; and insufficient tail lamps. Scholonski was stopped at 11:30 p.m. Friday on Route 33, Stafford, by Deputy Ryan DeLong.
Andres A. Arteaga, 20, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Arteaga was stopped at 1:53 a.m. Sunday on Route 98 in the Town of Batavia by State Police.
If gun owners are going to preserve their right keep and bear arms, they're going to do more than just complain about the progressive agenda to confiscate all firearms. So said Second Amendment Attorney Jim Ostrowski at a grassroots meeting of gun rights advocates at the Days Inn in Batavia today.
They're going to need to find allies.
Potential allies include those, he said, who think recreational drug possession should be legal.
"Guns are drugs are the same issue, if you think about it," said Ostrowski, a resident and political activist in Buffalo. "They're both private property."
He said there was a time in this country when there was no thought of restricting either guns or drugs but progressives wanted the power to control other people's lives.
Another potential ally, the #metoo movement. Women should naturally want the right to the self-protection a gun provides, he said.
"What does the government monopoly want a woman do when assaulted?" he said. "Call 9-1-1 where a criminal historian can record the assault."
Native Americans, given the history of government atrocities against them, should also be natural allies of gun rights advocates, he said.
Those whose ancestors were slaves, he said, should also be natural allies of gun rights advocates. He noted that recently progressive historical revisionists have said the only reason early America had militias was to guard against potential slave revolts. He said those who spread that as historical fact ignore the fact that militias existed where there wasn't slavery and that one reason slavery could even survive was that slaves were prohibited from owning firearms. The ancestors of slaves should be among the strongest allies for gun rights advocates, he said.
Among the chief reason to preserve the Second Amendment, Ostrowski said, is because progressives want to take guns away from citizens, which would make it easier for tyranny to take hold in this country.
While the left wants to disarm citizens, they love a government with guns, he said.
"They love guns so much, they want to be the only one with guns," Ostrowski said.
Among his recommendations for activists is convince schools to start teaching students once again about the Second Amendment, its history and its meaning.
"They don't teach the Second Amendment in school," Ostrowski said. "That's crazy. That's why students are out protesting."
People shouldn't think, he said, the United States is necessarily immune from the potential of tyranny.
"Every race we know about has committed mass atrocities," Ostrowski said. "The whole of history is filled with examples of mass murder by the state. The Framers were well aware of this history, that only armed citizens can protect against tyranny. The Second Amendment works against tyranny. That's why the left so desperately wants the entire civilian population disarmed."
Students from more than a dozen high schools in the NY-27 Congressional District entered the annual Congressional Art Show and when the top four winners were announced at GCC this morning, all four students came from Batavia High School.
Kiara Cherry won top honors and her work, "Out from Underneath," will be displayed in the Capitol Building for 12 months and she will travel to Washington, D.C., for the show's opening.
Rep. Chris Collins was on hand for the awards presentations after visiting with the students in the Roz Steiner Gallery and viewing their work.
Runner-up was Tara Clattenburg and honorable mentions went to Stephanie Hoy and Sophia Dinehart.
The art show judges see only the pictures. They don't know the artists' names or what schools they go to.
Kiara said her work is meant to reveal how people are different and everyone has a story.
The work didn't come together easily. First, she spent nearly three months working on it and as she neared completion she spilled "a ton" of India ink on it. Rather than give up on the project, she reimagined it, using pages from an old dictionary to help frame the painting of the two girls in the picture.
"I had completely different plans," Kiara said. "It was just unbelievable how everything changed, and so quickly, but it actually ended up better than my original conception."
Ask what lesson she learned from that process, she said, "Not to be cheesy or anything, but it’s like the Bob Ross quote, 'we don’t make mistakes, just happy accidents.' That was a happy accident because it paid off in the end."
Kiara wasn't surprised BHS swept the awards.
"At Batavia, everyone there is so amazing and they work so hard for what they do," she said. "We all encourage each other and Mrs. A (Mandi Antonucci) is an amazing art teacher."
Sophia Dinehart tells Collins about her painting, which is a portrait with bees and a honeycomb. She is showing, she said, how we all have ideas and thoughts always buzzing around in our heads.
Stephanie Hoy
Eva Jensen, Perry High School, with a painting of a national park in Utah, where she once lived.
Tara Clattenburg
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