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'Weak economy' cited in bond rating for Genesee County

By Howard B. Owens

County Treasurer Scott German told members of the Legislature on Wednesday that he's somewhat surprised that Standard & Poor's has continued Genesee County's slightly downgraded credit rating because of a "weak economy."

He said he disagreed with the assessment.

"For some reason, they say we have a very weak economy here," German said. "I don’t get that."

The county's rating is AA-, which has been the case for awhile now. The minus after AA indicates the county is a slightly worse credit risk than other agencies with an AA rating. The highest rating is AAA.

A credit risk assessment, or bond rating, effects the cost of borrowing money, such as it needs for water projects or is likely to need for a new jail.

The county fares well as a credit risk because of good management, budgetary performance, strong budgetary flexibility, very strong liquidity, and low debt load.

The county's credit risk outlook for new municipal bonds is "stable," according to the report.

It's the "very weak economy" that is dragging the credit rating down, according to the report.

S&P's report says that the buying power of county residents is 83.2 percent of the national level with a per-capita market value $49,542.

"Overall, the county's market value grew by 2.1 percent over the past year to $2.9 billion in 2018," the report states.

The report does note that while income is below state and national averages, the county's unemployment rate is also traditionally lower and that remains true.

The county's tax base has increased modestly and consistently over the past five years.

There is unrealized hope for growth through the county's economic development efforts, the report states, particularly with STAMP -- Science, Technology and Advanced Manufacturing Park -- the 1,250-acre nano-tech business park under development in Alabama.

"However, given its early stages of development, it remains to be seen if these industries will relocate to the county," the report states. "One company recently changed its decision to move to the park."

The report also takes note of the $10 million allocated by the state for the Downtown Revitalization Initiative and the expansion of the HP Hood facility in the Genesee Agri-Business Park as positive signs for the future.

"Given the modest amount of development still ongoing, we do not expect the tax base to experience any negative pressure in the near term," the report states.

Law and Order: Castile resident accused of smashing window at cycle shop, stealing dirt bike

By Howard B. Owens
       Robert Ratcliffe

Robert Edwin Ratcliffe, 38, of South Main Street, Castile, is charged with burglary, 3rd, grand larceny, 4th, and criminal mischief, 3rd. Ratcliffe is accused of smashing at window of Batavia Cycle Center, 4988 E. Main Street Road, Batavia, in order to gain entry to the building and then stealing a dirt bike during the overnight hours sometime between May 23 and May 25. The case was investigated by Investigator Christopher Parker, Deputy Chad Cummings, Investigator Jame Diehl, Chief Deputy Joseph Graff and DEC Officer Richard Rauscher. Ratcliffe was arraigned in Town of Batavia Court upon his arrest and released under supervision of Genesee Justice.

Alex S. Dumbleton, 24, of West Main Street Road, Batavia, is charged with aggravated harassment, 2nd. Dumbleton allegedly threatened another person at 4:44 p.m. Monday at a location on Franklin Street, Batavia.

Leon W. Johnson, 34, of South Main Street, Albion, is charged with stalking, 3rd, stalking, 4th, and endangering the welfare of a child. Johnson allegedly threatened injury to another person and caused harm to another person's mental and emotional health in an incident reported Monday. He was jailed on $5,000 bail.

Arlena G. Cox, 57, of Dellinger Avenue, Batavia, is charged with petit larceny. Cox is accused of stealing $62.53 in makeup and soda from Tops Friendly Market.

Otha E. Rivers III, 37, of Lakeshore Drive, Canandaigua, was arrested on a warrant stemming from an illegal parking ticket. Rivers appeared in City Court, entered a guilty plea, and paid a fine.

Steven P. Lee, 35, of Warsaw, is charged with DWI, criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and unlawful possession of marijuana. Lee was stopped at 7:55 p.m. Wednesday on Route 33, Stafford, by State Police.

County backs resource officers for schools, but looks to state, districts to pick up costs

By Howard B. Owens

The County Legislature is likely to support a state bill to provide funding to local school districts for school resource officers.

Yesterday, the Public Service Committee voted unanimously to forward a resolution to the full legislature for approval to express support for such a bill.

Currently, Assemblyman Steve Hawley is backing a bill that would provide $50,000 to each school district in the state to help fund a school resource officer.

The New York Association of Counties is proposing state funding of $100,000 per year.

That would cost state taxpayers more than $2 billion a year.

Sheriff William Sheron supports paying resource officers in schools.

Currently, there are deputies working at the BOCES campus and Byron-Bergen High School and a Le Roy police officer at Le Roy High School.

Sheron said a deputy assigned to a school would cost $111,000 a year, excluding a vehicle, for 10 months assigned as a resource officer. The price climbs above $120,000 for an officer employed for a full 12 months.

The county could be on the hook for additional costs, but legislators yesterday made it clear they expected school districts to cover any unreimbursed costs for resource officers.

School resource officers are armed and sworn law enforcement officers who can provide security at the school but also interact with students and assist them with life issues.

One issue constraining the ability of the county to cover the expense is the property tax cap. If the county exceeds the tax cap, the state won't reimburse the county for expenses related to Raise the Age adjustments in courts and incarceration for 16- and 17-year-olds.

Law and Order: Woman accused of stabbing person with a steak knife

By Howard B. Owens

Elizabeth Michelle Grattan, 27, of State Street, Batavia, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Grattan is accused of stabbing another person with a steak knife during a fight reported at 9:50 p.m. Friday at a residence on Lewis Place, Batavia. Grattan was ordered held until her next court appearance.

Jason J. Raffel Jr., 25, of South Main Street, Batavia, is charged with obstructing governmental administration, 2nd. Raffel is accused of refusing to leave an active crime scene at 10:27 p.m. Saturday on State Street, Batavia.

Bryan D. Bates, 38, of East Center Street, Medina, is charged with criminal contempt, 1st. Bates is accused of violating an order of protection at 11:22 p.m. March 11 at a location on Oak Street, Batavia.

Moises Garza Jr., 21, of Washington Avenue, Batavia, is charged with criminal obstruction of breathing and unlawful imprisonment, 2nd. Garza was charged following an investigation into an incident reported at 4:45 p.m. Saturday at a residence on Washington Avenue. Garza was ordered held without bail.

Eric Jon Merritt, 28, of Rose Road, Batavia, is charged with criminal contempt, 1st. Merritt allegedly contacted two protected parties at 8:49 p.m. Saturday in violation of stay away orders of protection.

Eric James Olverd, 45, of Buell Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and no taillamp. Olverd was stopped at 12:51 a.m. Sunday on Central Avenue, Batavia, by Investigator Christopher Parker.

Priest who served 12 years at St. Mary's in Batavia denies sexual abuse allegations

By Howard B. Owens

A priest assigned to St. Mary's in Batavia for 12 years starting in 1991 has denied allegations that he sexually molested three people during his time with the Buffalo Diocese.

The Buffalo News has reported that three men have claimed that they were molested by Rev. Donald Becker, including one who said he was paid a settlement by the church.

While the News did not report Becker's connection to St. Mary's, a spokesman for the diocese said he was assigned as pastor there for a six-year term in March 1991 and reappointed pastor in March 1997. His second term ended in March 2003.

The News reports that Becker served nine parishes in the diocese from 1968 through 2002, including: St. Mark's in Rushford; St. Mary's of the Assumption in Lancaster; St. Bonaventure in West Seneca; SS. Peter & Paul in Hamburg; Nativity of Our Lord in Orchard Park; St. Stephen's on Grand Island; and St. Agatha's in Buffalo.

Becker, who now lives in Florida, told the News that he retired for medical reasons. He suffers from Parkinson's disease.

Two of the men who spoke to the News, but were not named in the story, said they were teens when they encountered Becker. The other said he was 9 years old.

The accusations against Becker has apparently increased pressure for the diocese to be more transparent about priests accused of sexual abuse.

Det. Eric Hill said there have been no criminal complaints against Becker in the City of Batavia and there is no current investigation since there have been no complaints.

New steel tariffs could tighten profits for local manufacturers, but job losses not expected

By Howard B. Owens

Tariffs on steel and aluminum announced by the Trump Administration last week could put a squeeze on profits for local manufacturers, according to the executives at Graham Corp., Chapin Industries, and Liberty Pumps.

"Yes, we are adversely impacted by higher costs from imported carbon steel and stainless steel," said Jeff Glajch, chief financial officer for Graham. "We are also seeing significant increases in costs from our domestic suppliers. Making the situation more challenging is that our foreign competitors are not impacted, and if they import finished product, it is not affected by the tariffs."

While details of the tariff plan have not been released, the administration has said it plans to impose in just a few days a 25-percent tariff on steel and 10-percent tariff on aluminum. This would be a tax on all steel and aluminum imported into the United States from other countries. 

The tariff was announced under rules that allow a nation to impose a tariff for national security purposes in order to protect an industry considered vital to a nation's defense.

Even though the tariffs have not taken effect yet, manufacturers around the country are reporting that prices on steel and aluminum have been rising and are getting a bump by the anticipated tariff and are expected to rise further. Those price increases get passed on to consumers or profits must be cut.

"In steel, we use many many tons," said Jim Campell, CEO of Chapin. "Over the last 12 month, steel prices have already increased significantly. We have absorbed and offset these cost, however, we have not raised prices to our customers.

"If and when steel manufacturers raise prices again, it will impact our bottom line," Campell added. "Depending on the amount of the increase, we may be forced to raise prices, which in the end will truncate our sales and hurt our bottom line. As you know tariffs are a two-edge sword, helps some, hurts others (mostly the consumer)."

At Liberty Pumps, price increases so far have not had a big impact.

"I just had a conversation yesterday with Purchasing," said CEO Charlie Cook. "Yes, prices are going up. It has been widespread but so far just moderate percentages. When blended into the total cost of products including overheads, etc., it’s not something we’re going to react to yet. We really can’t anyway since we just imposed a price increase in January.

"Have to say," he added, "it will be good to see some U.S. furnaces cooking again."

The tariffs, however, come at a time when the steel industry in the United States is healthy. The sector is coming off of 22 consecutive profitable quarters, according to the latest report from the Department of Commerce (pdf), with net income (profits) of $869 million in the final quarter of 2017. 

In the final month of 2017, domestic steel production increased by more than 2 percent, from 6.6 million metric tons in November to 6.8 million metric tons in December while prices went up 6.7 percent. 

The tariffs are ostensibly aimed at China, which has become the world's largest steel producer, producing more steel than the United States, Mexico, Canada, the EU, and Russia combined, but China accounts for only 2 percent of the steel used in the United States. Seventeen percent of imported steel comes from Canada, 14 percent from Brazil, 10 percent from South Korea, and 9 percent from Mexico.

Even with all those imports, U.S. producers still control 70 percent of the domestic market, according to Scott Lincicome, an international trade attorney associated with the Cato Institute.

Many economists are predicting higher prices for consumers as a result of the tariffs. When President Barack Obama imposed a tariff on tire imports from China, it may have saved 1,700 U.S. jobs but at a cost to U.S. consumers of $900,000 per job saved.

Many economists have predicted that the new tariffs will unleash a trade war, but since the tariffs are being implemented under national security rules, the United States can make exceptions for countries considered allies. These include its foremost trading partners, allowing trade negotiators to zero in on China, leading Harvard economist Martin Feldstein to speculate that the real target of the tariffs is China's continued insistence on obtaining U.S. technology from companies trying to do business there. The tariffs, Feldstein speculates, could be used as leverage in trade negotiations over the issue.

The situation for aluminum is very different than steel for the United States, which imports 90 percent of its aluminum used in everything from beer cans to jet fighters, and imports are rising, according to The Washington Post. That said, higher prices for aluminum will mean higher prices for beer and soda pop.

None of the Genesee County companies anticipating higher prices on steel and lower profits anticipate layoffs as a result of the changing financial picture, even though some economists have predicted from 140,000 to 170,000 jobs lost across the country as a result of the tariffs.

Campell at Chapin said there will be no local layoffs. 

"We have not had a production layoff in the last decade," Campbell said. "We go to great lengths to keep our workforce intact. It may, however, slow some of our growth."

Glajch, at Graham, said even with the increased production costs, the business is growing.

"We are not anticipating layoffs," Glajch said. "On the contrary, we are hiring. Our core markets have shown early signs of some improvement and our Navy business is doing quite well. We are hiring for direct labor and certain engineering and sales roles."

Law and Order: Batavia man accused of fleeing police, resisting arrest

By Howard B. Owens

David T. Neauaus, 31, of Fisher Park, of Batavia, was arrested on a warrant for alleged obstruction of governmental administration, 2nd, resisting arrest, endangering the welfare of a child, and criminal trespass. He was jailed on $5,000 bail. He was also arrested on charges of assault, 3rd, and unlawful fleeing a police officer in a motor vehicle. The alleged incidents occurred March 10. Bail on these charges was set at $10,000.

Rebecca V. Flanagan, 41, of Sliker Hill Road, Conesus, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Flanagan was stopped at 4:48 p.m. Wednesday on Ellicott Street, Batavia, by Officer Cowen Mitchell.

Elliot Lee Lyons, 27, of State Street, Batavia, is charged with criminal mischief. Lyons was charged after surveillance video revealed he allegedly damaged a wall inside a residential facility on State Street.

Paula G. Pierce, 26, of Lewis Place, Batavia, was arrested on a warrant for alleged failure to comply with a court-ordered program as part of a previous sentence on a criminal conviction. Pierce was released on her own recognizance.

Katty L. Jackson, 22, of Summer Street, Buffalo, is charged with criminal contempt, 2nd. Jackson was arrested after police were dispatched to Central Avenue, Batavia, at 8:21 p.m. Tuesday to investigate an incident and located Jackson, who was allegedly violating an order of protection.

Johnny Dinh, 40, of Clinton Street, Batavia, is charged with forcible touching. Dinh is accused of touching another person inappropriately without consent or invitation at a location on Clinton Street Road, Batavia, on Feb. 28.

Brett Nelson Magoffin, 42, of Genesee Street, Corfu, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Magoffin was arrested following an investigation at 11:16 p.m. Thursday into a physical altercation at a location on Simonds Road, Darien, by Deputy Andrew Mullen and Deputy Ryan Young.

Jonathan Christopher Elleman, 26, of Exchange Street, Attica, is charged with DWI, driving with a BAC of .08 or greater, and driver's view obstructed. At 2:40 a.m., dispatchers received a report of an erratic driver in the Town of Darien. Deputies Ryan Young and Eric Meyer responded and located a vehicle matching the description of the one reported by a caller parked on the side of Sharrick Road. Upon further investigation, Elleman was charged.

Lou Ann Lindsley, 62, of Medina, is charged with DWI and refusal to take breath test. Lindsley was stopped at 8:50 p.m. Sunday on Route 77, Alabama, by State Police.

Jacob J. Szumigala, 24, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Szumigala was stopped at 2:52 a.m. Sunday on Lockport Road, Alabama, by State Police.

Final DRI projects expected to transform downtown

By Howard B. Owens

After looking over the final $15 million in grant-request projects Batavia will submit to the state for its Downtown Revitalization Initiative prize, Councilman Al McGinnis said he was pleased and excited about the prospect for the future of the city.

"I think we’re lucky enough to be around here in five or six years, it will be a revitalized Batavia that we won’t recognize and we will wish we had it earlier," McGinnis said. "It’s only going to impact us in a positive way. It’s just too bad it didn’t happen 20 years ago."

Looking specifically at the public market and at Batavia Players' plans for a downtown location for what is now Theater 56, McGinnis said that one project is just a single example of how all of these ideas have a chance at making downtown a better place for residents and businesses.

"This is great stuff," McGinnis said. "I mean, we don’t have the money for this. If the state can give us this money and we can do most of these things, there’s no downside to this. There is none. It’s all positive. I just wish the State could give us $5 million more."

The state's prize is to award $10 million worth of local projects. A local committee of community members made the first cut -- $15 million worth of projects -- from the batch of applicants, but the state gets the final say in whittling down the choices to $10 million in grants.

The local committee's final choices were presented to the public Thursday night during an open house at City Hall.

Interim City Manager Matt Worth said he liked what he saw.

"Some of the discussions have been about downtown being a real neighborhood and I think some of the projects lend themselves to that," Worth said. "It’s really encouraging seeing some of the momentum the City has. There’s more interest in what’s going on downtown than I’ve seen in an awfully long time, so that’s very positive."

Victor Gautieri has the dual perspective of a longtime downtown leader as president of the Business Improvement District and as an applicant for a grant for his project on Ellicott Street (the Save-A-Lot building).

 He's hoping the state will prioritize projects that might not otherwise be viable without the assistance.

"There are a lot of very nice projects that are here," he said. "I think some are more appropriate than others. I am a believer that the grant money should be going to those that really need it in the private sector.

"We’re very hopeful we’re going to be able to get our grant because that is what is going to make the project," he added. "That’s the only way we will ever able to do what we want to do with that property."

Looking at the projects as a whole, Gautieri thinks we won't even recognize Batavia in a few years.

"If several of these projects get the green light and are awarded a grant, it’s going to transform downtown," Gautieri said. "It’s going to look like it never has before, especially on the Southside, the Ellicott Street side. That is where we need, I think, the most help."

Here's a summary of the projects being submitted to the State:

  • Build Ellicott Station: Savarino Companies, 40-52, 56-70 Ellicott St.; project cost, $23 million; DRI funding, $425,000;  
  • Build Newberry Place Lofts: AGRV Properties, 109-111 Main St.; project cost, $350,000; DRI funding, $175,000;
  • Revitalize Carr's and Genesee Bank Building: Kenneth and Andrew Mistler, 97, 101-103 and 105-107 Main St.; project cost, $5.3 million; DRI funding, $1.2 million;
  • Develop Ellicott Place: V.J. Gautieri Constructors, 45-47 Ellicott St.; project cost, $2.5 million; DRI funding, $1.15 million;
  • Develop Healthy Living Campus: Genesee YMCA/UMMC, 207-213 E. Main St.; project cost, $22.5 million; DRI funding, $5 million.
  • Activate Batavia Innovation Zones: Batavia Development Corp; project cost, $400,000; DRI funding, $200,000;
  • Construction Theater 56: Batavia Players and City of Batavia, 35 City Centre; project cost, $901,750; DRI funding, $701,750;
  • Construct Downtown Public Market: BID and City of Batavia, Alva Place parking lot; project cost, $2.5 million; DRI funding, $1.5 million;
  • Create a Building Improvement Fund: BDC; project cost, $800,000; DRI funding, $600,000;
  • Upgrade City Center: City of Batavia; project cost, $1.5 million; DRI funding, $1 million;
  • Renovate 206 E. Main St.: Just Chez Realty, 206 E. Main St.; project cost: $675,000; DRI funding, $405,000;
  • Enhance Jackson Square: City of Batavia; project cost, $750,000; DRI funding, $750,000;
  • Upgrade Masonic Temple: David E. Howe, 200 E. Main St.; project cost, $750,000; DRI funding, $500,000;
  • Develop Branding, Place Making and Wayfinding: Business Improvement District; project cost, $250,000; DRI funding, $200,000;
  • Enhance GO ART! Arts and Culture Center: GO ART!, 201 E. Main St.; project cost, $1.3 million; DRI funding, $1.225 million.

Batavia man killed in Stafford collision with Mack truck this morning, he was 24

By Billie Owens

Press release from the Genesee County Sheriff's Office:

At about 6:24 a.m. today the Genesee County Sheriff's Office responded to a report of a head-on motor-vehicle accident with serious physical injury in the area of Route 5 and Clipnock Road in the Town of Stafford. Preliminary investigation revealed that a 2007 Chevrolet pickup truck being driven by Thomas J. Manzella, 24, of Batavia, was traveling westbound on Route 5 when he lost control of the vehicle on snow-covered roads.

The pickup truck spun counterclockwise, sliding sideways as it crossed into the eastbound lane and into the path of a 2006 Mack roll-off container truck being operated by Curtiss L. Mallory, 32, of Buffalo.

Following the impact, both vehicles traveled off of the south shoulder of Route 5 where they came to rest. Mallory immediately called 9-1-1 prompting the response of Sheriff's Office patrols along with ambulances from Mercy Emergency Medical Services and responders from the Stafford Fire Department.

Manzella was extricated from the vehicle and transported via ambulance to United Memorial Medical Center in Batavia, where he succumbed to his injuries sustained in the crash.

Weather conditions including blowing snow and poor road conditions are believed to have been contributing factors in the crash.

A minor fuel spill from the Mack container truck was addressed at the scene by the NY State Department of Environmental Conservation.

Route 5 in the area of the accident remained closed for several hours while the accident was being investigated.

The accident investigation is being conducted by deputies Nati, Andre, Wilson, Erion, and investigators Diehl and Parker, and the Genesee County Sheriff's Office Crash Management Unit.

Assisting at the scene were Mercy EMS, the Stafford Fire Department, NY State DEC, and the Genesee County Office of Emergency Management.

Head-on collision reported at Main and Clipnock roads, Stafford, pickup truck driver unresponsive

By Billie Owens

A serious injury accident is reported at the intersection of Main and Clipnock roads, Stafford. It was a head-on collision. There is entrapment. "One driver is OK, the other driver is not."

The male driver of a pickup truck is confirmed to be unresponsive; first responders will need assistance in getting the door open to get the victim out.

Diesel fuel is spilled in the field. The pickup is located just west of Clipnock. Stafford fire is responding along with Mercy EMS. Deputies are on scene. Mercy Flight was contacted but unable to fly due to weather.

UPDATE 6:46 a.m.: Traffic control will be set up at Sanders Road and Route 5; no traffic will be allowed through.

UPDATE 7:09 a.m.: The driver of the pickup is being transported to UMMC. The other driver is being evaluated by medics and is probably going to be a sign-off.

UPDATE 7:13 a.m.: The driver evaluated at the scene by medics declined medical treatment and Mercy medics are back in service.

UPDATE 9:22 a.m.: We'll post more photos from the scene and information, probably in a separate story, once the Sheriff's Office releases more information later today.

UPDATE 11:26 a.m.: The Sheriff's Department has confirmed that this was a fatal accident. The driver of the pickup truck succumbed to his injuries at the hospital. 

Law and Order: Woman accused of stealing more than $23K from employer in Stafford

By Howard B. Owens
      Lisa Sinclair

Lisa Marie Sinclair, 43, of Myrtle Street, Le Roy, is charged with forgery, 2nd, and grand larceny, 3rd. Sinclair, employed by a company in Stafford, allegedly falsified checks on her employer's bank account, enabling her to steal more than $23,000. She was arraigned in Stafford Town Court and released under supervision of Genesee Justice.

Philip David Amedio, 18, of Hartland Road, Gasport, is charged with unlawful possession of marijuana. Amedio was charged following an investigation by Deputy Matthew Bailey of an accident on Bloomingdale Road, Alabama, at 3:18 a.m. Wednesday.

 

Wyoming County Drug Task Force nabs suspected dealers from Batavia and Le Roy

By Howard B. Owens
      Lance Mercado
     Mitchell Freeman

Among the 11 people arrested on drug sales charges over the past few weeks in Wyoming County were two Genesee County residents, according to arrest reports released today by the Wyoming County Drug Task Force.

Mitchell Freeman, 29, of Quinlan Road, Le Roy, was arrested Feb. 17, and charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Freeman is accused of selling buprenorphine in the Village of Attica in the fall. He was ordered held in the Wyoming County Jail.

Lance Mercado, 27, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 4th, and two counts of criminal possession of a controlled substance, 5th. Mercado is accused of selling buprenorphine on two occasions in the fall in the Village of Attica. He was arrested Feb. 1 and jailed on $25,000 bail.

Wyoming County Sheriff Gregory J. Rudolph said the task for continues to seek several other suspects on drug indictment warrants and that his office will continue to do its part to help fight the current drug epidemic.

“The Wyoming County Drug Task Force continues to diligently investigate in the enforcement piece of this drug epidemic," Rudolph said in a press release. "Enforcement will not combat addictions and intense treatment is needed to tackle that difficulty, however, we as a law enforcement community are all committed to investigating and arresting drug dealers who prey and profit from those addictions.

"It is also our hope that taking drug dealers off the street contributes to the prevention piece of this epidemic, particularly with our youth. Stemming the opioid crisis is a multi-prong approach and the Wyoming County Drug Task Force is resolved in doing our part.”

Police will provide security support for 'March for Our Lives' at Batavia HS

By Howard B. Owens

Students at Batavia High School will participate in a nationwide high school student protest tomorrow called March for Our Lives in response to mass shootings on school campuses, most notably the murder of 17 students Feb. 14 in Parkland, Fla.

Students will stand outside the school for 17 minutes starting at 10 a.m. in honor of the 17 students killed in Parkland.

The school district is allowing the protest to go forward and has requested Batavia PD station a police officer at the school to ensure the safety of the students, Chief Shawn Heubusch told WBTA this morning.

"We’re there to support the school district in any need that they have," Heubusch said. "They’ve given them (the students) a chance to participate in this national walkout and we support them in any way we can. As far as it being right or wrong, I don’t have an opinion on that. I just want to make sure that the children remain safe."

Senior Sydney Atchinson has taken a leadership role in organizing the local protest and invited local media to cover it.

Joan Elizabeth Seamans, who recently dropped out of the Democratic primary for the NY-27 race, also sent out a press release notifying area media that the protest would be taking place at several WNY high schools and that it will be coupled with a voter registration drive, encouraging students who will be 18 by Nov. 6 to register to vote.

“I am very proud of our youth here in WNY and throughout the country who are ready to use their voices to fight for change. They have demonstrated a fierceness we haven’t seen in decades" said Seamans, founder of YVYV NY (Your Voice Your Vote NY). "It will be interesting to see how this new and energized voting block uses their passion to influence legislation."

Seamans said the event has been organized by Women's March Youth EMPOWER, an affiliate of the Women’s March.

Heubusch also discussed the issue of school resource officers in Batavia City Schools.

The discussions, he said, have been ongoing for many years, not just since the Feb. 14 shooting.

"We certainly hope we will eventually be able to supply a school resource officer to the district," Heubusch said. "Currently we are prevented from doing that by some fiscal limitations for not only the city but as well as the school district. Part of that ongoing discussion is to develop ways to be able to pay for these positions if they do come to fruition.

"We support the idea of having a school resource officer in our district, if not more than one. It’s just a matter of getting down to the brass tacks of paying for that position and funding it long term."

Grand Jury Report: Man accused of seriously injuring another person in assault

By Howard B. Owens

Joseph J. Cavico is indicted on counts of assault in the second degree, criminal possession of a weapon in the third degree, and menacing in the second degree. Cavico is accused of causing serious physical injury to another person by means of the use of a deadly weapon in the Town of Le Roy on Dec. 15. Cavico is accused of possessing a .357 magnum handgun with the serial number obliterated. He is accused of placing another person in reasonable fear of death or serious physical injury by displaying a deadly weapon in a menacing manner.

Joshua J. Bush is indicted on a count of rape in the first degree and two counts of rape in the third degree. Bush is accused of compelling a person to have sex Oct. 4 at a location in the Town of Bergen. He is accused of sex and oral sex with a person without that person's consent. 

Cindy M. Auberger is indicted on a count of felony DWI. Auberger is accused of driving drunk Oct. 29 in the Town of Bergen. Auberger has a prior DWI conviction in 2009.

Law and Order: Warsaw man accused of threatening people through Facebook

By Howard B. Owens

Keith E. Legge, 46, of South Main Street, Warsaw, aggravated harassment, 2nd. Legge is accused of sending numerous threats to multiple individuals via Facebook Messenger. He was arrested by deputies in Wyoming County on an arrest warrant and turned over to Batavia PD following an investigation. He was arraigned in City Court and jailed on bail.

Cynthia Lynne Wiseley, 55, of South Main Street, Batavia, is charged with harassment, 2nd. Wiseley was charged after allegedly pushing a coworker at their place of employment on Barrville Road, Elba.

Scott David Beswick, 44, of Pratt Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Beswick was stopped at 4:33 a.m. Sunday on Ellicott Street Road, Bethany, by Deputy James Stack.

Maurice Darnell Powell Jr., 22, of Roslyn Street, Buffalo, is charged with burglary, 2nd. Powell allegedly entered a residence at College Village and stole property.

Mary Susan Bryant, 54, of Letchworth Avenue, Greece, is charged with DWI, driving with a BAC of .08 or greater, speeding, and failure to notify DMV of address change. Bryant was stopped at 1:25 a.m. Sunday on Route 33, Stafford, by Deputy Mathew Clor.

Richard Dean McKague Jr., 27, of Main Street, Batavia, is charged with criminal contempt, 2nd. McKague is accused of violating a court order by being the presence of the protected party.

Katty L. Jackson, 21, of Summer Street, Buffalo, is charged with harassment, 2nd, and obstructing governmental administration. Jackson is accused of striking a person during a disturbance on Central Avenue, Batavia, at 11:38 p.m. Thursday and then striking a police officer.

Abdikadir U. Sabtow, 28, of Buffalo, is charged with rape, 3rd. Sabtow is accused of raping a person who was unable to consent. The alleged crime was reported at 11:01 p.m. Tuesday in the Town of Batavia and was investigated by State Police. No further details released.

Jury convicts Batavia resident in stabbing on East Main Street

By Howard B. Owens

A jury of 12 has found 26-year-old Anthony Spencer Jr. of Batavia guilty on all counts.

Spencer who goes by the nickname “Trouble” was on trial for the July 18th assault on East Main Street in Batavia that left the victim clinging to life, bleeding uncontrollably from his arm.

The jury reached their verdict at around 9:30 this morning after beginning deliberations at approximately 3 o’clock yesterday. Spencer was found guilty on count #1 of gang assault in the first degree and on count # 2 of assault in the first degree.

Co-defendant JW Hardy III, also known as “Dub” or “Dubs,” accepted a plea deal in December regarding the incident. He was ultimately sentenced to 10 years in prison.

Spencer’s trial began at the beginning of this week with jury deliberations extending to this morning.

District Attorney Lawrence Friedman called an 18-year-old witness to testify as a witness of the assault who identified Spencer as one of the attackers.

She testified that the suspects were getting into a verbal altercation with the victim, threatening him to make a payment or something would happen to him or his friend.

She said the victim went inside his residence and came out wielding a knife, then threatened other people in the area including her briefly.

A group of around 15 people gathered in the area.

Somehow co-defendant JW “Dubs” Hardy allegedly obtained the knife from the victim and soon the group turned the tables on the victim and began chasing and beating him up and down the street.

The witness said that Spencer hit the victim in the head with a cooking pot with full force several times.

A dented cooking pot with a broken handle was submitted as evidence that the item was used with great force. The cooking pot was located at the scene and the handle was found on Swan Street in between the scene and where Spencer was picked up at 218 Ellicott St.

There was black and white surveillance video submitted into evidence in which Spencer is identified by the witness.

Defense Attorney Frederick Rarick argued that the testimony of the witness was suspect because she had only just met the suspect earlier that evening and that she was protecting other members of her group that he alleged were involved in the assault.

He questioned her ability to accurately recall the event because she admitted to drinking and smoking pot the night of the assault.

Rarick also noted in cross-examination of both Genesee County Sheriff’s Deputy Kevin Forsyth and Batavia Police Detective Thaddeus Mart that they observed no blood on Spencer’s clothing when he was taken into custody the night of the assault.

DA Friedman argued the lack of blood on Spencer’s clothing proved nothing.

Spencer is scheduled for sentencing on April 6th at 9:15 a.m. and following a request by the DA, was ordered to be held without bail pending sentencing.

The investigation into the incident still continues as there were other alleged suspects involved who fled the scene.

Via our news partner, WBTA

Le Roy student accused of threatening others at school

By Howard B. Owens

A 16-year-old Le Roy HS student has been charged with making terroristic threats following an incident at the school yesterday where the student threatened to shoot people.

The youth was jailed on $10,000 bail

The Sheriff's Office received a call at 3:15 p.m. yesterday after school officials reported a student had made the threats.

An investigation revealed the male student who was charged was involved in a confrontation with several other students in a hallway and allegedly made the threat during the confrontation.

No weapons were displayed and no weapons were located.

There were no injuries.

The charge is a Class D felony.

From the press release:

The Sheriff's Office commends the school's administration and staff for their quick notification and assistance during the investigation and reminds citizens that we have a 'no tolerance policy' for any violence or threats of violence directed at anyone in or about school.

Law and Order: Woman accused of driving drunk with three children in vehicle

By Howard B. Owens

Amy M. Page, 32, of North Road, Scottsville, is charged with felony DWI and three counts of endangering the welfare of a child. Page was stopped by Le Roy PD on March 4 after a caller, who followed a vehicle on Route 5 from Stafford, reported a vehicle almost hit two vehicles, drove in the wrong lane and went off the road numerous times. Page is accused of driving with a BAC of .18 or greater with three children in the vehicle. She was jailed on $2,500 bail and issued a full stay away order of protection for the children.

Jeffrey Ellinwood, 58, of East Main Road, Le Roy, is charged with DWI and other traffic offenses. Ellinwood was stopped Feb. 26 in the Village of Le Roy by Le Roy PD. He is accused of driving with BAC of .18 or greater.

Danielle Derenzo, 53, of Hartshorn Road, Corfu, is charged with aggravated unlicensed operation, suspended registration, and driving without insurance. Derenzo was stopped Feb. 27 in the Village of Le Roy by Le Roy PD.

Chad Giesler, 34, of Barks Road, Caledonia, is charged with DWI, and other traffic offenses. Giesler was stopped March 1 in the Village of Le Roy by Le Roy PD.

Phoenix Webb, 18, of County Route 37, Central Square, is charged with misdemeanor criminal possession of marijuana, 4th. During a traffic stop in the the Village of Le Roy on March 3 a police officer smelled the odor of burnt marijuana. During a subsequent search of the vehicle, Webb was found in possession of more than two ounces of marijuana. He was jailed on $500 bail.

Felix Cabreralopez, 65, of Emerson Street, Rochester, is charged with aggravated unlicensed operation, 1st, and uninspected vehicle. Cabreralopez was stopped at 8:51 p.m. Tuesday on South Lake Avenue, Bergen, by Deputy James Stack. He allegedly had his privileges revoked or suspended 10 times on 10 different dates. He was released under supervision of Genesee Justice.

Danielle Renee Tooley, 33, of South Main Street, Batavia, is charged with bail jumping, 3rd. Tooley is accused of missing a scheduled court appearance.

Sheriff hosts meeting to discuss school safety, placing resource officers in every district

By Howard B. Owens

Press release:

Genesee County Sheriff William A. Sheron Jr. hosted a meeting last week with Genesee County school superintendents, local police officials, local government representatives, along with state representatives Assemblyman Steve Hawley and Senator Michael H. Ranzenhofer, to discuss school safety concerns and the viability of having School Resource officers within each school district.

"School Resource officers can play an important role in our school districts, from helping to resolve conflict to preventing tragedies," said Senator Ranzenhofer.

"I fully support placing these officers in our local school districts, and I have been working to secure state funding to expand School Resource officers in Genesee County and across New York State. I commend Sheriff Sheron for his leadership on this issue, and I will continue to work with him to keep our children safe."

While it was the consensus of most of those in attendance that there should be a School Resource Officer in each school within the county, concerns were expressed of how to fund the position and identifying the source of this funding.

The attendees discussed a variety of possible federal, state and local options and agreed to explore funding sources to offset the cost of the potential School Resource officers.

“I was pleased to meet with Sheriff Sheron, local educators and community stakeholders to discuss how we can increase school safety," said Assemblyman Hawley (R,C,I-Batavia). "The state needs to take action to help our schools become the most secure and comfortable environments they can be.

"We need to look at working with retired law enforcement and veterans in our schools because our children’s safety should be our number one priority.”

Currently, the Genesee County Sheriff’s Office has School Resource officers at the Genesee Valley Educational Partnership’s (BOCES) Batavia Campus (for the past 15 years) and in the Byron-Bergen Central School District (for the past three years).

Additionally, the Village of Le Roy Police Department provides a School Resource Officer to the Le Roy School District, and the Batavia City School District has security aides within its facilities.

During the meeting, representatives from Genesee Valley Educational Partnership’s (BOCES) Batavia Campus and the Byron-Bergen School District spoke highly about the advantages of having a School Resource Officer.

They explained that it not only provides a safe environment for the students and faculty but also provides for direct interaction and guidance with the students.

Both officials agreed that the benefits of having a School Resource Officer far outweigh the expense associated with the position.

“When we started our SRO Program 15 years ago, the prevailing question was, 'Why?' " said Christopher Hayward, Le Roy Police Chief. “With everything that has happened in the last 15 years, and sadly will continue to happen, the question has to be, ‘Why not?' "

Batavia Police Chief Shawn Heubusch stated, “the City Police Department remains dedicated to the safety and security of all schools within its district. The time has come for the lawmakers in this state to step up and allow school districts to utilize their aid in establishing programs that make sense on a local level.

"This type of flexibility would go a long way to allowing each district in Genesee County to partner with local law enforcement to provide a School Resource Officer.”

Sheriff Sheron stated that it his goal to establish a School Resource Officer in all county schools to ensure the safety and protection of the students and faculty.

“Although the cost associated with placing a School Resource Officer in the schools is significant, I believe the safety and security of our children should be of the utmost precedence,” the sheriff said.

Genesee County Sheriff’s Deputies will be visiting schools on a regular basis and assist during school safety drills. This will aid in familiarizing Deputies with the school’s faculty and students along with the layout and procedures of each school.

Submitted photos. Top photo, Deputy Matt Butler, resource officer for Byron-Bergen, discusses his job with officials.

Sen. Michael Ranzenhofer, left, Sheriff William Sheron, right.

Assemblyman Steve Hawley

Active flu season one of many issues keeping health department busy

By Howard B. Owens

There have been 520 confirmed flu cases in Genesee County, up from an average of 150 to 200 per season, Health Director Paul Petitt told the Human Services Committee at a meeting on Monday.

The good news is, the number of cases is starting to slow but there is also typically a second peak during flu season.

Even though this year's flu shot has proven to be only about 40 percent effective, it's still the best measure to prevent the flu or to lessen its severity, Petitt said.

Flu is just one of many issues on the Health Department's plate, Petitt said.

There was also a rabies case in January involving 12 people who needed post-exposure treatment after a family took in a stray kitten.  The family members, as well as some friends, required treatment.

Petitt said people need to remember to be wary of unknown animals, whether domestic or wild.

The opiate crisis continues to hit Genesee County hard.  The number of deaths in the county for 2017 is not yet available but officials are aware of the continued high call volume for emergency responders and the reports of deaths locally.

The tri-county task force continues to work on the issue and will be supplement by an intra-agency effort funded by a $578,000 grant from the Greater Rochester Foundation to GCASA.

The health department is also tasked with ensuring any local buildings with cooling towers are complying with new regulations to help prevent the spread of Legionnaires Disease.

Finally, even though mosquitos carrying the Zika virus aren't likely to make to Western New York, it is a concern to the south of us, so the health department is also monitoring for reports of infections locally -- there have been none so far -- for people who travel.

Petitt also shared that in the five years since Orleans and Genesee counties entered into a shared services agreement for health department services, the two counties have saved about $1 million in costs.

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