Making the deck.

Directly supervised, precision cutting of boards.

All of the campers of the 2016 Camp Hard Hat, along with instructors.

 

Submitted photos and press release:

Fourteen rising eighth-, ninth- and 10th-graders are building a bridge this week at Genesee County Park & Forest.

They are using math, process thinking skills, battery power tools, directly supervised use of cutting tools, and using all necessary safety equipment and the power of teamwork to do this.

Camp Hard Hat is live and in action Aug. 1-5 from 9 a.m. to 4 p.m. at the Interpretive Nature Center at Genesee County Park & Forest in East Bethany.

In a partnership with Business Education Alliance of Genesee County, Business Education Alliance of Livingston County, Business Education Council of Wyoming County, and GVEP Building Trades, instructors Rich Monroe and Jared Radesi teach campers principles of design, construction and safety.

Campers will complete the bridge late Thursday morning. The newly finished bridge will be placed on the Wetland Trail in Genesee County Park & Forest on Thursday afternoon. Campers come from Erie, Wyoming, and Genesee counties.

(Photos by Zach Lee.)

Whether you're looking for something to spice up your party or just a fresh new idea for a day out -- a new Pavilion business called Jade Pottery is a great choice.

It offers classes for all ages -- including clay, painting and henna; plus, it hosts parties of all sizes and kinds, including group readings, girls' night, couples' night, birthday parties, private parties, and more.

Their motto: "Creativity is contagious -- pass it on."

Located at 10115 Creek Road, it's a fun and creative place to have birthday parties. The "WHOLE SHA-BANG PARTY" package costs $160 and includes everything you need for eight kids balloons, cake, plates, forks and drinks (to host additional children, it's $14 per child).

"It's like a buffet of pottery here," said Sara Manurung, owner of Jade Pottery, who held her grand opening Saturday.

Manurung is hosting a summer camp this week that includes four sessions throughout four days, starting at 10:30 a.m. to 3 p.m. Sessions are $80 each. The camp features a giant paintbrush wall plaque, splatter and a real palette. 

August typically brings sticky hot temperatures and Jade Pottery is happy to make guests as comfortable as possible. 

"Popsicles and water balloons are in order," she said.

Jade Pottery's schedule is packed through Oct. 29, but they are always looking to add new faces to their lineup. If you are a crafter and would like to sell your unique items in the shop, give them a call at (585) 813-1838. 

"We are always looking for fresh new creative people to come in," Manurung said. 

Manurung hosts a "ya-ya night" -- where ladies play popular family games like "Bingo," "Family Feud," and "Let's Make a Deal."

"We have classes that aren't pottery," Manurung said.

Jade Pottery's event schedule can be found here, where you'll find exciting events, and even live music.  

 

OV Murphy, 57, of West Main Street Road, Batavia, is charged with: DWI -- previous conviction; aggravated DWI -- previous conviction; DWI -- with a child passenger under age 16; back seat child passenger with inappropriate restraint; and endangering the welfare of a child. Murphy was arrested at 9:36 p.m. on July 31 on Ross Street in Batavia. Police were called to Northwside Meadows apartments for the report of people arguing in a vehicle. Police located the vehicle traveling on Ross Street. An investigation allegedly revealed that Murphy was intoxicated and had two children under age 15 in the vehicle with him. He was jailed without bail. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Cronmiller.

Alisha Adara Soule, 20, of Route 237, Batavia, is charged with second-degree harassment. At about 9:30 p.m. on July 26, Batavia Police were dispatched to a residence on Tracy Avenue in the city for a reported family distrubance which became physical. A subsequent investigation determined that Soule had allegedly struck a family member during a verbal altercation prior to leaving the residence. She turned herself in and was issued an appearance ticket for Aug. 9 in City Court. The case was handled by Batavia PoliceOfficer Arick Perkins, assisted by Sgt. Matthew Lutey.

Jacob L. Hernandez, 21, of Warren Acres Lane, Taylorsville, NC, is charged with fourth-degree criminal mischief. He was arrested at 3:09 a.m., July 23, on Jackson Street, Batavia, following an investigation into a damaged window. He was processed, issued an appearance ticket, and ordered to appear in City Court this afternoon. The case was handled by Batavia Police Sgt. Matthew Lutey, assisted by Officer Eric Foels.

Gregory S. Yark, 52, of Walnut Street, Batavia, is charged with third-degree burglary, second-degree criminal contempt, and possession of a hypodermic instrument. On the morning of July 29, while on patrol, Batavia Police Officer Jason Davis noticed Yark riding his bicycle into a driveway of a residence on Roosevelt Avenue. The residence in question was that of a person who had a full stay-away order of protection from Yark, barring him from being on the property. Yark allegedly entered the garage, sat down to enjoy a smoke, making himself right at home. He was arrested at 8:45 a.m. and allegedly found to be in possession of two hypodermic needles. He was jailed in lieu of $25,000 cash bail or $50,000 bound and was due in City Court Aug. 1. Officer Davis was assisted by Officer Jason Ivison.

Elizabeth Michelle Grattan, 26, of West Main Street Road, Batavia, is charged with: unauthorized use of a motor vehicle, 3rd; leaving the scene of a property damage accident; and unsafe backing. Following an investigation in the Town of Alabama, Grattan was arrested for allegedly operating a motor vehicle with the owner's consent. On Aug. 1, between 12:30 and 2 a.m., she allegedly took the vehicle from a residence on Judge Road in Alabama without permission. While doing so, she allegedly damaged the person's mailbox. She was released on an appearance ticket for Aug. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Lee A. Baxter, 32, no address provided, was arrested at 1:38 a.m. on July 26 on Central Avenue in Batavia for allegedly violating an order of protection in place for a person on Central Avenue. He is charged with second-degree criminal contempt. He was jailed on $1,000 cash bail or $2,000 bond. Baxter is due in City Court on Wednesday (Aug. 3). The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Matthew C. Olcott, 37, of Woodstock Gardens, Batavia, is charged with second-degree criminal use of drug paraphernalia, and seventh-degree criminal possession of a controlled substance. At 9:30 a.m. on July 27, during a Probation home search conducted by Probation officers Williams, Buchholz and Heale, the defendant was allegedly found to be in possession of a crack pipe with residue. Probation Officer Williams contacted Batavia PD for further investigation. Batavia Police Officer Jason Davis assisted Probation in the arrest of Olcott, who was jailed in lieu of $15,000 cash bail. During this investigation, Olcott's girlfriend, 30-year-old Sara Elliott, was arrested for allegedly being in possession of marijuana. She was issued an appearance ticket for Aug. 9 in City Court. Officer Davis was assisted in both cases by Officer Frank Klimjack.

Thomas T. Bennett, 51, of Bank Street, Batavia, is charged with second-degree contempt. At 4:35 p.m., July 28, on Ellsworth Avenue, Batavia, Bennett allegedly had contact with, and went on the property of, a party protected by a stay-away order of protection. He was issued an appearance ticket for Aug. 4 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Tierance J. Davis, 29, of Hundremark Road, Elba, is charged with failure to appear. Davis was arrested July 28 on an arrest warrant for allegedly failing to pay a parking ticket after is was issued on Jan. 6, 2013. Davis posted the unpaid fine and was released from custody. The case was handled by Batavia Police Officer Jamie Givens.

Joseph W. Freeman, 32, Platten Road, Lyndonville, was taken into custody from Orleans County Jail on July 26 on a bench warrant issued out of Batavia City Court. He posted bail and was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Mathew P. Parker, 26, of West Avenue, Medina, was arrested on a bench warrant for allegedly failing to pay a fine issued because of an incident on May 24, 2015. He was released and is due to return of City Court on Wednesday (Aug. 3). The case was handled by Batavia Police Officer Jamie Givens.

John Anthony Hertz, 32, of Mechanic Street, Elba, is charged with unlawful possession of marijuana. At 11:02 p.m. on Aug. 1, following the investigation of a cehck-the-welfare complaint, Hertz was arrested for allegedly unlawfully possessing marijuana. He allegedly hid a small amount of marijuana and a glass smoking pipe in his yard prior to police arriving. He was issued an appearance ticket for Town of Elba Court on Aug. 31. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Press release:

The NYS Office of the Comptroller’s Division of Local Government and School Accountability recently completed a routine audit of the District’s finances to review efficiency and accountability. Looking at the period of July 1, 2012, through March 10, 2016, we are pleased to report that the audit revealed no weaknesses in internal controls, policies, practices, procedures and operations.

As a result, there no findings of fraud, waste, abuse, misconduct, or negligence.

The audit did cite one area of concern: a claim that the District did not effectively manage fund balance, which is the residual money accumulated from prior fiscal years that can be reserved for future expenditures or emergencies. When fund balances are accumulated for a targeted and specific purpose, such as saving for a capital project or an anticipated increase in retirement costs, the law specifies that the amount in these restricted funds must be “reasonable” as opposed to excessive. When a fund balance is categorized as unrestricted (containing monies not targeted for a specific upcoming expense), it must be used to lower property taxes if the amount exceeds 4 percent of the proposed budget for the coming year.

The Comptroller’s Office concluded in its most recent report that the District has too much money reserved in fund balance and debt service reserves.

Ironically, this speaks to one of the practices that the Board of Education and administration feel has been one of its greatest strengths – planning and preparing for the future, whether that be enhancing programming or facing unforeseen expenditures as we have seen in recent years with the pullback of New York State funding and the unstable financial picture.

Our philosophy has enabled the District to weather numerous constraints placed by State and federal laws, regulations, and mandates, as well as the significant unpredictability and fluctuations in both expenses and aid. While weathering these financial storms, the District has continued to deliver exceptional educational programs to our students at a per-pupil cost significantly lower than the State average, maintained a stable tax levy history for over 10 years that frequently has decreased or remained flat (with a 10-year average increase of 0.68 percent), consistently remained under the Tax Cap permissible by New York State, and, by prudent planning, earned State tax rebates for our residents for the three years that has been enacted.

Interestingly, our tax rates have decreased over the years (from 2006-07 at $24.22 per thousand of assessed valuation to $23.02 per thousand of assessed valuation in 2015-16). To analyze taxpayer impact, we conducted a study of an individual taxpayer in the District currently (in 2015-16) assessed at $106,000. The study revealed that, since the 2004-05 fiscal year (base year), the school taxes paid increased a total of $129.95, or 8.49 percent, which is an average of $11.81 or 0.77 percent a year -- amounting to less than $1 a month.

Outside of the District’s control, the taxpayer’s assessed valuation increased from $98,000 to $106,000 in 2008-09 (or an 8.16 percent change). In essence, the increase in school taxes is attributable to the increase in assessed value. Also noteworthy is that this overall increase in school taxes does not include the two rebate checks that the taxpayer received directly from NYS in 2014-15 and 2015-16 as a result of the District compliance with the Tax Cap and with efficiency established since July 1, 2012.

The Comptroller’s Office has recommended several strategies, and the District is in the process of evaluating these recommendations while remaining mindful that changes in practice must not result in significant fluctuations that will potentially harm the community in the long run nor leave taxpayers unprotected from fluctuations in the tax levy due to factors outside its control.

The report noted the belief that, from 2012-13 to 2014-15, the District had overestimated appropriations in budget projections and recommended that the District be more “realistic” as well as use more of the fund balance and reserves for the budget. First, we would clarify that this year’s pre-audited surplus is only $189,600 above the 4-percent maximum, and regarded by the Comptroller’s Office standards as a "good" budgeting process with realistic estimates.

In addition, we would like to highlight that the first couple years of the audit were the years immediately following the consolidation. Not knowing the full impact on major budgetary expenditures, such as transportation, resulted in conservative budgets in these areas. The budgeting practices have been modified, implemented, and are reflected in the 2015-16 budget results.

The District also points out that, in addition to utilizing internal staff’s expertise in analysis and projections, they also rely each year on the input from community budget ambassadors who review the budget proposals line-by-line and provide valuable feedback on the educational programs and potential modifications to the proposed budget for the Board to consider.

Regarding fluctuations in State aid, it is important to note that NYS has a history of reducing its aid to school districts. Most recently this resulted six years of reductions and, in essence, shifted the burden funding the budget to the local taxpayer if a district chose not to make changes and maintained the status quo. The District made tough decisions and changes, most markedly consolidation, and complied with the NYS Tax Cap (well before it was implemented) while receiving a cuts in State aid during these years.

Likewise, the Comptroller’s recommendation to review all reserves to determine if the amounts reserved are necessary and reasonable has been a regular part of the District’s annual budget process. In fact, one such fund, the Tax Certiorari reserve, is slated to be eliminated pending Board approval at its next summer meeting, and the Unemployment Insurance reserve is being significantly reduced. On the other hand, based on factors previously mentioned, the District’s practice is to budget conservatively for a worst-case scenario in order to protect the educational program for our students and to avoid crisis tax increases for our residents.

While there is no concrete regulation on funding amounts or limits (other than “reasonable”) on some restricted reserves, the District plans to continue its practice of periodically evaluating the reserves according to what is believed to be reasonable by District officials.

As for the Debt Service fund, which has operated as such for twenty-plus years without raising any concerns in audits, the District has reduced the balances by nearly $3 million since 2009 and has accounted for all current obligations in this Fund. In 2015, the citizens authorized a $7.5 million capital reserve fund to offset the local share of future projects beginning with the 2013 capital project.

The District will also research the current accounting method for the financing of prior capital projects. It is also important to note that Note 3 in the Comptroller’s response is incorrect. The District has always recorded transactions related to capital projects in the Capital Project fund. The accounting for long-term financing of the projects (Serial Bond principal and interest payments), along with annual revenue received (State aid, transfer from General Fund and interest earning) are the concerns cited in the audit raising the question of whether they should be recorded in General Fund or Debt Service Fund. The District will evaluate the law regarding these concerns during the 2016-17 fiscal year.

In addition, the District felt that the audit did not capture several positive initiatives, which are worthy of mention:

1. The District consolidated and restructured its educational plan in July 2012. One building was later sold and the other building is being used for some district offices along with being leased to generate additional annual revenue which results in tax levy savings. District vacant land was also sold.

2. The District partnered with the City of Batavia to approve three exemptions (Home Improvement Exemption; Mixed-Use Exemption and Inhibited Property Exemption).

3. After receiving community input, the Board approved the Alternative Veterans’ Tax Exemption.

4. The District refunded Serial Bonds in 2012 which resulted in $764,814 net present value savings.

5. Debt as a percent of the General Fund budget has been reduced from 101.87 percent as of June 30, 2008, to 39.19 percent as of June 30, 2016.

6. Taxpayers this year will be receiving their third (out of three opportunities) rebate check directly from New York State as a result of District compliance with the New York State Tax Cap law and efficiencies undertaken since July 2012.

7. In the five years since the New York State Tax Cap, the District tax levy has increased an average of 0.80 percent, while the allowable increase was 3.15 percent. In dollars, this amounted to a $2,146,484 total tax levy less than allowed. Also, three of the last four years (through 2016-17), have had no increase of the tax levy and the average increase is less than 0.50 percent. As previously mentioned, the 10-year average tax levy (five years prior to the 2012 Tax Cap law) is 0.68 percent.

8. From  fiscal years 2007-2008 to 2014-15, General Fund Payroll decreased 2.2 percent, from $20,701,103 to $20,248,248. In 2015-16, payroll was $20,324,816 --an increase of only 0.38 percent over the previous year. Each year since 2007-08, payroll was less than the 2007-08 base year. Savings in payroll have been achieved via strong negotiation strategies and District consolidation.

9. Contracts with all of our bargaining units (Administration, Teacher, Clerical, Custodial, Food Service and individual contracts) were negotiated two different times during the period audited resulting in significant cost savings to the District on employee healthcare contributions.

10. The Batavia City School District survived the 2010-11 to 2015-16 Gap Elimination Adjustment (GEA) which resulted in a loss of $8,649,980 of New York State aid during those six years. The single highest year of reduction was $2,570,826 and the average State aid cut was $1,441,663. It is also important to note that, from 1990-91 to 1992-93 (three years), New York State also reduced funding to school districts, the first being a mid-year cut. In this 26 year time span, New York State has cut its aid for public schools nine years, or 34 percent of the time. New York State must look into and fix the politics of the New York State public school funding.

11. Since 2010-11, the District has also absorbed $1,704,152 in corrections (current year reduction in State aid) to New York State building aid. These reductions, which were in addition to the GEA previously mentioned, were a result of New York State overpayment of building aid over many years.

12. Since June 30, 2003, all Independent External audits and New York State Comptroller audits are available to our public on the District website in an attempt to enhance transparency.

13. Moody’s has the District rated as A1 which is slightly lower than the median rating of Aa3 for school districts nationwide. According to Moody’s, the financial position of the District is strong and is a notable strength with respect to the assigned rating of A1; the economy and tax base of the District are solid overall and positive operating margins are a component of strong financial management (surplus being generated and the tax base expanded modestly).

While the opinions of the Comptroller’s Office and recommendations of the audit are valued, appreciated, and will be utilized to further enhance District budgeting practices, the Batavia City School District and the Board of Education will not abandon our philosophy and belief that our residents expect and prefer a stable, consistent, and predictable tax rate while incorporating an effective long-range financial plan.

We will use this report and incorporate recommendations that align with our philosophy and long-range planning strategy. It is also important to note that the Comptroller recently released an analysis of State spending that shows the potential for budget gaps in future years - shortfalls that could reach nearly $5 billion beginning in the State fiscal year 2017-18. This could invariably directly impact schools again just as the Gap Elimination Adjustment did when the State had significant budget deficits only a few years ago.

The Board will be careful regarding the choices that are made today to ensure that they don’t put the District in a bad financial position in future years.

Cassie

Dibs

Photos and information from Volunteers for Animals:

The Volunteers for Animals at the Genesee County Animal Shelter are in need of nice barn homes for a couple of kitties.

"Cassie" is a beautiful calico that is sweet and friendly on her own terms, but like all of us, she has her moments. She came to us with a litter of kittens and was quite scared. She has really come around but would probably do best with some independent time on her own.

"Dibs" is a beautiful orange and white long-haired guy that was rescued by some very nice people.

He came in quite skinny, dirty and sick. He is doing much better, but again, is use to the outdoors and would be happier in that setting.

Both Cassie and Dibs are tested, vaccinated and spayed/neutered. There is NO adoption fee for either kitty.

If you can give either of these kitties a nice home, please:

• Stop in at the shelter, located at 3841 W. Main St. Road, Town of Batavia, during adoption hours (Sunday/Monday/Tuesday/Friday -- 1 to 3 p.m.; Wednesday -- 1 to 3 p.m. and 7 to 9 p.m.; Saturday -- 11 a.m. to 1 p.m.; closed Thursday.);
• Or email us at info@vol4animals.org

Thanks.

Submitted photo (of some previous contestants and their handlers at the starting line) and press release:

Do you have a speedy Dachshund? That’s what Batavia Downs officials are wondering as they have announced registration opening for the Genesee Feeds 2016 dachshund (wiener) dog races to be held on Sunday afternoon, Aug. 28.

The wiener races that begin approximately 4:15 p.m. are the final event on its annual Family Fun Day at the Races at America’s oldest lighted harness racetrack.

All entered dogs receive a doggie gift bag courtesy of Genesee Feeds. The owners of all heat winners receive gaming free play, and the top three in the championship race, receive Clubhouse buffet certificates and free play for the gaming floor.

The winner’s total prize package including the gaming free play is valued at $200.

Dashing Dachshund owners wishing to participate should call Batavia Downs’ Wiener Dog Race coordinator Arna Tygart at 585-343-3750, ext. 6437, and leave a message. Staff will call back to confirm. The races are limited to the first 80 dogs that register. 

Press release:

U.S. senators Kirsten Gillibrand and Charles E. Schumer and Congressman Chris Collins today announced President Obama has signed into law legislation to rename the Bergen Post Office located at 15 Rochester St. in Genesee County as the “Barry G. Miller Post Office.” Earlier this year, both the Senate and House unanimously passed the legislation introduced by Senator Gillibrand and Congressman Collins.

“Barry Miller was deeply involved in the Bergen community and his passion showed in his dedication to service and answering the call of those in danger for the past 30 years,” Senator Gillibrand said. “We collectively remember and honor this extraordinary and generous New Yorker. This designation is a fitting tribute for a hometown hero in the community he held near and dear. I am pleased this legislation passed Congress unanimously and was signed into law by President Obama.” 

“While nobody can fill the void left by Barry Miller, all those who enter the newly renamed ‘Barry G. Miller Post Office’ will be reminded of the incredible sacrifice and courage displayed by a man who was so much a part of this community and who embodied the true spirit of selflessness through his 30 years of service,” Senator Schumer said. “Naming the Bergen Post Office on Rochester Street after him is a truly fitting tribute to his bravery, and allow the legacy of this hometown hero to live on in an enduring way.” 

“Barry Miller is a hero in the Bergen community,” Congressman Collins said. “The Barry G. Miller Post Office is a fitting way to honor Mr. Miller’s legacy of community service and selfless sacrifice for others. I was proud to introduce this legislation and glad to see it signed into law.”

“This recognition is an important tribute to Barry's service to our community. He dedicated his life to serving others and this will be a permanent reminder of his service to Bergen. We appreciate New York's lawmakers for working together to make this a reality,” Tracy Miller said. 

The driver in yesterday's fatal accident on Route 63 has been identified as Robert L. Williams, 67, of Pavilion.

Williams was northbound on Route 63 just south of Shepard Road in a Chevy sedan when a 1989 Mac bix truck made a left-hand turn in front of his vehicle, according to State Police.

The driver of the truck is identified as Arnold D. Duck, 83, of Attica.

State Police say this is an ongoing and active investigation. No further information was released.

NOTE: This story is a complete version of the breaking news item we posted earlier today.

The Le Roy resident charged with murder in the shooting death of Norman "Don" Ball during the early morning of Dec. 1 entered a plea in Genesee County Court this afternoon of not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined the 53-year-old defendant, Kyle G. Johnson, and both found that Johnson is dangerously mentally ill. One expert was hired by the defense and one by the prosecution. If the case had gone to trial, both would have testified about Johnson's mental condition.

Defense Attorney Jerry Ader told Pietruszka that at trial he would mount what is called an "affirmative defense" that his client was affected by mental illness that time the crime was committed. With the prosecution's own expert witness agreeing with the diagnoses, Friedman said the people would accept the plea.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder. Johnson the suspect in the shooting death of Ball, accused of entering his Selden Road neighbor's home and shooting him in the head while he slept, and then returning to his own residence and setting it on fire and then firing a Le Roy fire chief and a Le Roy police officer when they responded to the fire alarm.

There was then an hours-long stand-off with Johnson while he wandered around the area of his burning home, reportedly asking officers to shoot him, and a couple of moving times toward officers with his rifle cradled in his arms.  Emergency response teams, with armored vehicles,  from Genesee County and Monroe County swarmed the scene and Johnson, surrounded, eventually agreed to peacefully surrender to authorities.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses. He will be evaluated either by two psychologists or a psychologist and a psychiatrist. The results of those exams will determine whether Johnson remains in a secure mental health facility or is moved to an in-patient facility or released. That decision will be based on whether he is found dangerously mentally ill, mentally ill or not mentally ill.

"We fully expect they will find him dangerously mentally ill," Friedman said.

In court, Friedman said that Johnson's mental health history, stretching back 11 years, was 400 pages long. He did not reveal what sort of mental health issues that Johnson may have been treated for, or if any of that record indicated anything about being a threat to himself or others.

Today's plea ends all further criminal prosecution of Johnson these charges, Friedman said, even if at some later date -- next week, next month, next year, or years from now -- he is deemed mentally healthy enough to return to society.

Pietruszka asked Johnson during the hearing if he understood that his plea could mean he would spend the rest of his life in a mental institution, and Johnson said yes.

Throughout all of Pietruszka's questions, Johnson made no statement beyond answering yes or no.

Friedman said with the plea, it's quite possible that Johnson will spend more time in confinement than if he had gone to trial, been found guilty and sentenced to prison.

Johnson will be taken to the Rochester Psychiatric Center and held there while undergoing exams. The staff has 30 days to complete a report, but a 30-day extension could be requested. Pietruszka did not want to schedule Johnson's next court appearance until the report is completed.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

Outside of court, the children of Don Ball were not entirely happy with Johnson's plea and the fact that he will avoid prison, as well as a belief that the system failed by allowing Johnson to be free, and own a weapon, even before Dec. 1.

"We're not very happy that he's not going to be incarcerated, but we will all work very hard to ensure things like this don't happen again, where somebody like this is let out of a secure facility and then be able to be unsupervised in society," said Ryan Ball, standing with his sister Cherie Wesser, Shawan Gell. Jeanette Keating,

Ball also said he saw some benefit to Johnson receiving mental health treatment. He just doesn't trust that Johnson won't be released at some point.

"He needs help like that," Ball said. "He needs to be in a secure place. He's a dangerous person and he has been in and out for the past 11 years. Even though that has happened, he was let out by those people. Now he's in another secure facility. What are the chances that he will be let out again? It's as if they waited for something to happen. Now that something did happen, they're saying, 'well, maybe, he will be in for the rest of his life.' That's very upsetting."

Keating questioned whether the government is really doing a good enough job protecting the public from dangerously mentally ill people. 

"If there were better policies and procedures in place for the mentally ill, then maybe our dad would still be here," Keating said. "The revolving door is upsetting -- to see somebody released, still having a mental defect, with just the hope that they will continue with their medication when there is no supervision."

Asked if they were concerned that Johnson had been able to obtain a firearm, Keating said, "absolutely."

"That was one of our first questions," she said. "How is it that he had a firearm?"

Ask if he felt the judicial system had let the Ball family down, Ryan didn't go that far.

"It's a failure at some point," Ball said. "I'm not sure what that point is, but I'm going to work hard to find out exactly where this failed. This guy has been known to be a dangerous and mentally ill person for a long time."

Friedman also seems to express some doubts about how Johnson obtained a firearm and was not better supervised.

"This (Johnson obtaining a firearm) is a very big concern, obviously," Friedman said. "Unfortunately, that is something that was not prevented in this case. We can talk about the possible failings of the system in the past that this happened, but this is just a tragedy."

Press release:

Mr. Collins’ appearance today on MSNBC was insensitive to the Khan family and self-serving. As the representative of the people of NY-27 and a so-called advocate for Veterans it was even more thoughtless and uncaring.

Diana Kastenbaum said, “Collins continued to be Trump’s surrogate by reiterating the insults to the Khan family in his interview. To have a talking point, which he used not once but twice, saying that it happened 12 years ago made it seem somehow irrelevant. My response to Mr. Collins is - the loss of a child has no expiration date for one’s grief. Collins also stated that Mr. Khan is not immune from anything as he has entered the political fray; therefore he leaves himself open to condemnation and criticism. I would ask Mr. Collins, is that how we treat the memory of our heroes and Gold Star Mothers among us?”

Mr. Collin’s defense of the Trump attacks on the Khan family was another opportunity for him to stand by the Republican nominee and the divisiveness that he is inflicting on our country. 

UPDATE: Democratic leaders from the 27th District have also put out a statement:

The Democratic chairs of the eight counties that comprise New York's 27th District condemn in the strongest terms Rep. Chris Collin's outrageous statement on MSNBC this afternoon. As he desperately attempted to defend his chosen candidate's criticism of the Kahns, the Gold Star family who criticized Donald Trump's proposal to ban Muslim immigrants since it would have prevented their son who died heroically in the service of our nation from even entering the United States, Rep. Collins went way over the line.

Incredibly, he accused Mr. Kahn of using his dead son as a "shield" from criticism and suggested he deserved anything he got, since he had dared to enter the fray.

Veterans and their families make up a proud part of this congressional district. All of them understand better than Mr. Trump or Rep. Collins what sacrifice actually means. Capt. Khan died defending his men and our nation. His family deserves our thanks and our compassion.

Rep. Collins brags about his role as a surrogate for Mr. Trump, even saying a few weeks ago that he had appeared on cable television for Mr. Trump's campaign over 100 times. We have to wonder how much he is even concerned with New York's 27th district, in the midst of this whirlwind of activity. We understand that Rep. Collins desperately wants his candidate to become president, since, as he admits, he hopes to be named

Secretary of Commerce. Today's comments prove there are no depths to which Mr. Trump can sink that he will not gladly follow. The voters of NY 27 deserve a representative who has as his priority the people of the district, not his own advancement. The many veterans and service families of NY 27 also deserve someone who understands and appreciates the sacrifices they made and continue to make. Rep. Collins clearly does not. 

Jeremy Zellner, Erie County Democratic Chair
Nick Forster, Niagara County Democratic Chair
Jeanne Crane, Orleans County Chair
Lorie Longhany, Genesee County Democratic Chair
Harold Bush, Wyoming County Democratic Chair
Judith Hunter, Livingston County Democratic Chair
Jamie Romeo, Monroe County Democratic Chair
John Hurley, Ontario County Democratic Chair

Lorie Longhany, the Genesee County chair, when sending over the press release, also included two relevant links:

• MSNBC video
• Talking Points Memo

Carrie Almond says she is "as stubborn as a Missouri mule" and it is that tenacity that has put "Rosie," the red, white and blue 2015 Thor Palazzo motorcoach, on an ambitious nationwide tour to elect a Republican president by registering GOP-leaning women to vote.

"I came up with the idea and we will keep going until November 7th or until the money runs out," said Almond, president of the National Federation of Republican Women.

She and other members of the NFRW parked the bus at the Old County Courthouse on Monday afternoon in an effort to rally the troops -- women who are leaning toward casting their ballot for Donald Trump.

She was welcomed by Rachael Tabelski, of Batavia, president of the Genesee County Women's Republican Club, and Genesee County Legislator John Deleo, among others.

Almond, an executive vice president of Citizens Bank & Trust, a northern Missouri financial institution, sees 2016 as a "critical election cycle, not only for the nation's highest office but for Republican political leaders down the line. And, during the "Destination: White House" tour that began on Mother's Day and already has hit 24 states, she said she likes what she has been hearing from the public.

"Women that I have heard from believe that this election is bigger than gender," she said. "They are telling me we can't afford a third term of Barack Obama's policies by putting Hillary Clinton in. They are concerned about the Supreme Court, national security, the economy and jobs."

Almond said "Rosie," which is named after Almond's grandmother, has logged 14,000 miles thus far, and will put on at least that many more as a swing to the West Coast is on the itinerary. During a stop in Ohio, Almond said she had the privilege of addressing the National Republican Convention in Cleveland.

"I spoke about the fact that we passed a unity resolution iln March calling for women to get behind our presumptive nominee (Trump) and that we will are traveling by bus to motivate our club members to get the vote out," she said, noting that around 23 million women in the United States are not registered to vote.

Founded in 1938, the NFRW lists a membership of 65,000 women who "do the work," Almond said, tasks such as coordinating voter registration rallies, making phone calls, and working during election days. She said her group has been fundraising continuously in an effort to keep the bus in gear.

"We're dialing for dollars and begging for money every day to keep Rosie on the road," she said. 

For more information about the NFRW or to donate to the cause, go to www.rosie16.com.

Hogs 4 Paws is scheduled for Saturday, Aug.13, from 9 a.m. to 3 p.m.; don't miss this event! All proceeds benefit the Genesee County Animal Shelter. Bike run registration is from 9 to 10 a.m. and kickstands up 10 a.m. at Stan's Harley Davidson! Click here for more information

Daniel Dioguardi was sentenced in Genesee County Court today to a prison term of two to four years on his conviction for third-degree burglary.

The Le Roy resident was arrested in May, 2015, in connection with a break-in on Columbia Avenue that resulted in the theft of some PlayStation4 games, which were traded in at a local game store. That helped police identify Dioguardi, Det. Eric Hill said, and Dioguardi was also known to the victim.

Dioguardi apologized to the people he hurt, his family, and the court "for taking up everybody's time."

He thanked Interim Judge Michael Pietruszka for giving him a shot a substance-abuse rehabilitation, which his attorney Jamie Welch said had gone well for Dioguardi.

Dioguardi said getting clean allowed him to reconnect with his family, especially his 4-year-old son, whom he called his "little angel."

The sentence was enhanced because Dioguardi has a prior felony conviction. He was on probation at the time of this arrest, and under terms of the plea deal, Pietruszka gave Dioguardi one-and-a-third to four years in prison, to be served concurrently with the prison term for burglary.

A car vs. motorcycle accident is reported in the area of Ellicott Street Road near Shepard Road. Town of Batavia fire command asks for traffic to be shut down at Ellicott Street Road and Batavia Stafford Townline Road. Mercy medics are also responding. No word on injuries.

UPDATE 5:38 p.m.: Eastbound traffic on Ellicott Street Road is being diverted at Cedar Street.

UPDATE 6:15 p.m.: This accident did not involve a motorcycle. According to Town of Batavia Fire Chief Dan Coffey, it was a collision between a car and a "dump-style" agricultural vehicle and there were serious injuries. One person was transported via ambulance to UMMC. A small amount of hydraulic fluid was spilled as a result of the accident; thus it included a haz-mat incidence response.

UPDATE 6:44 p.m.: According to a just-issued press release from the State Police, this was a fatal accident. There were no other injuries. Route 63 between Shepard Road and Batavia Stafford Townline Road will be closed till 8 p.m. The investigation is ongoing.

UPDATE 8:28 p.m.: State Police just notified local media that family notifications have been completed; however, the name of the deceased has not yet been released. Route 63 is still closed.

Submitted photos and information:

Lost Dog. Found today on East Main Street in Batavia. Female, approximately 30 pounds. Very friendly, at some point had puppies. No tags so she is at the Genesee County Animal Shelter.

Press release:

National Night Out will be held from 6 to 8 p.m. on Tuesday, Aug. 2, at the Birchwood Village Apartments in Batavia.

The City of Batavia Police Department along with other police agencies nationwide will take time to celebrate positive community relations with neighbors and citizens during this event.

Locally, it is being coordinated by the city's Youth Bureau, with donations provided by Target, BJ's Wholesale Club, and the Batavia Police Benevolent Association.

Everyone is welcome. The complex is located at Pearl Street and Dewey Avenue in the City.

"The Batavia Police are fortunate to serve a community that strongly supports the mission of safety and well-being of all citizens," says the press release.

Press release from the Genesee County Sheriff's Office, approved by Sgt. John L. Baiocco:

A 17-year-old female who lives on South Street in Le Roy was arrested July 29 for allegedly possessing marijuana while at the Darius Rucker concert at Darien Lake Performing Arts Center. She is due in Darien Town Court on Aug. 16 to answer the charge.

Ricky On Lei, 27, of South Clinton Avenue, Rochester, is charged with possession of 10,000-plus unstamped cigarettes, third-degree aggravated unlicensed operation of a motor vehicle, and failure to stop at a stop sign. Lei was arrested at 7:34 p.m. on July 31 at 7238 Alleghany Road, Alabama, after a traffic stop. Lei allegedly was in possession of more than 10,000 untaxed cigarettes at the time. Allegedly, he was also operating the vehicle with a suspended driver's license and failed to stop at a stop sign. He was arraigned in Town of Alabama Court and put in jail in lieu of $2,500 cash or $5,000 bond. He is due in Alabama court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Summer Anne Bliss, 22, of Overlook Drive, Batavia, is charged with second-degree harassment. She was arrested at 10:30 a.m. on July 28 on Overlook Drive for allegedly punching a person in the head during a verbal altercation that turned physical. Bliss was arraigned in Town of Batavia Court and released. She is due in Town of Batavia Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew Hale.

Mark Christopher Hanna, 36, of Lenox Street, Rochester, is charged with unlawful possession of marijuana and speeding. Hanna was stopped at 9:06 a.m. on July 30 on Route 33 in the Town of Stafford for a speeding violation. It was determined after an interview that Hanna was allegedly in possession of a quantity of marijuana. He was arrested on the charge, processed and released on an appearance ticket for Aug. 18 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Andrew Hale.

The Genesee County Sheriff's Office announced 10 more arrests -- all for marijuana possession -- at the G-Eazy concert at Darien Lake Performing Art Center July 29. All were issued appearance tickets for Aug. 16 in Darien Town Court.

• Casie Nuernberger, 22, of Fenton Street, Buffalo
• Brandon S. Konstanty, 23, of Burch Road, Ransomville
• Joshua W. Rodrigquez, 27, Todd Avenue, Jamestown
• Cody B. Hayes, 18, of Mason Avenue, Rochester
• Justin P. Rathbun, 19, of Willowood Drive, Rochester
• Joseph C. Stiglmeier, 24, of Harding Road, Williamsville
• Matthew J. Soos, 19, of Creekview Drive, Hamburg
• Christian M. Craven, 20, of Vliet Boulevard, Cohoes
• Fletcher J. Ace, 18, of County Road, 17, Belfast
• A 17-year-old of Hall Road in Elma

For the previous report on arrests at this G-Eazy concert click here.