Daniel R. Ruffner, 30, was arrested in Pavilion on May 7 by Troopers and charged with misdemeanor assault, 3rd, and criminal mischief after he allegedly caused a shoulder sprain and broke a victim’s prescription sunglasses during a physical altercation at a residence on Telephone Road. Ruffner was processed at State Police barracks in Batavia and issued an appearance ticket returnable to the Town of Pavilion Court on May 24.

Bradley Hering, 23, was arrested in Alabama on May 7 by Troopers and charged with driving while intoxicated. Hering was located a short time after a call was dispatched reporting his vehicle was off the roadway on Bloomingdale Road in the Town of Alabama. He was administered the standard field sobriety tests which he allegedly failed. Troopers reported detecting the odor of an alcoholic beverage emitting from Hering. He was transported to State Police barracks in Batavia for processing which allegedly revealed a BAC of .14 percent. He was issued a uniform traffic ticket returnable to the Town of Alabama Court on May 24.

Bobby Gary Mullen, 39, of Oak Street, Warsaw, is charged with failure to pay fine/restitution/surcharge. He was arrested on a bench warrant out of Genesee County Court for allegedly failing to pay a fine stemming from an incident July 8. He was turned over to the Genesee County Sheriff's Office by Wyoming County Sheriff's Department after a traffic stop in Warsaw at 11 a.m. on May 10. He was released after his arraignment. The case was handled by Sheriff's Deputy Rachel Diehl.

Press release:

The Genesee Community College Forum Players Theatre Company, which is an integral part of the College's Theater program, is planning a weekend dance program to benefit the nonprofit organization. Tara Pocock, adjunct instructor, and student Blake Carter will present several dance performances the weekend of Friday, May 13 through Sunday, May 15, in the Stuart Steiner Theatre on the GCC Batavia Campus.

Carter, a Batavia native, has choreographed a dance called, "Ring Around the Rosie," which tells the horror story of a young boy and his mother who move into a house with a dark past; a house infested with demons who want one thing... the boy. Due to some adult language used in the production, anyone under the age of 16 must be accompanied by an adult.

There will be two opportunities to catch the event, 7:30 p.m. Friday, May 13, 2016 and 7:30 p.m. Saturday, May 14. Tickets are just $6 and all proceeds from the shows benefit GCC's Forum Players Theatre Company.

Then on Sunday, "Spring into Love," an hour-long production will be presented by the dance troupes of Anastasia's Spotlight Dance in Churchville. The performance will be choreographed by Stacy Bechtold, studio owner and director, and Pocock. The performers will be singing and dancing Christian melodies as well as songs brought to Disney by the studio.

A total of 40 students ranging in age from 7-18 years old will take part in the performance that is scheduled at 2 p.m. Sunday, May 15. This event is free, but audiences are encouraged to make generous donations in support of GCC's Forum Players Theatre Company.

The Clarion Hotel on Park Road in Batavia is now the Quality Inn & Suites. Prices are unchanged. But the wireless service, which had problems previously, has been replaced with state-of-the-art Wi-Fi service and the bedding is all new, too.

So says General Manager of the location, Evan Sakeeb.

"We're bringing a lot of new stuff with the new name," Sakeeb said. "We're constantly changing, working to better serve our customers."

Whereas the Clarion was only one of 158 nationwide, the Quality Inn & Suites is a more with familiar brand with many more U.S. locations.

"Quality Inn is more familiar and more popular," he said.

The owner of the Batavia location remains the same, Chan Patel.

More changes/upgrades are planned there soon and will be announced later.

Our news partner WBTA contributed to this report.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced he has introduced legislation mandating that counties be reimbursed for the increase in state judges’ and county district attorney salaries set to take place this year.

In December 2015, the New York State Commission on Legislative, Judicial and Executive Compensation recommended a salary increase for all state judges and county district attorneys in 2016 and 2018.

“This is yet another expensive Albany mandate that, if unaddressed, will hit the wallets of taxpayers the hardest,” Hawley said. “Our state judges and district attorneys do a superb job enforcing the law and bringing criminals to justice, but, as a proponent of local control, I contend that bureaucrats should not be telling our counties what they must pay local officials.

"Many Upstate counties’ budgets are already consumed by expensive costs like Medicaid, which, in some instances, comprise at least 90 percent of the county budget. Spending decisions like these should either be covered by the state or left up to local control. Taxpayers should not be forced to pay for Albany’s irresponsible spending epidemic.”

Press release:

A bill to further protect sportsmen’s personal information has passed the New York State Senate by a vote of 54 to 4. The bill, S.2951, would prevent information submitted on hunting, fishing and trapping licenses and permit applications from being disclosed or released outside of the Department of Environmental Conservation (DEC).

State Senator Michael H. Ranzenhofer sponsors the bill in the State Senate.

“At a time of growing concern for identity theft, it is important to strengthen the rights of hunters and trappers to maintain their personal privacy and security. This bill will ensure that DEC may continue to protect sporting license applicants’ just expectation that personal information will be kept private,” Ranzenhofer said.

Existing law does not contain restrictions on the release of information for holders of licenses and permits. The bill would also require the DEC to establish procedures to ensure information is protected from disclosure.

DEC recently installed a new database system to maintain information on sporting licenses and permits. Among the personal details entered into the database include: individual’s first and last name, date of birth, height, eye color, driver’s license number, mailing address, telephone number, and whether the licensee is permanent 40-percent military disabled.

“Clearly, this information contains intimate details related to personal matters, such as medical conditions and physical attributes. The release of any of these details would be an unwarranted intrusion into an individual’s privacy. This bill would diminish the potential for identity theft by enacting further protections for sportsmen,” Ranzenhofer said.

The bill has been sent to the New York State Assembly. Assemblywoman Aileen M. Gunther has introduced the bill in the State Assembly. If enacted, the bill would take effect immediately.

Press release:

Did you know that chickens make amazing backyard pets? They help control the bug population, eat table scraps, and provide nutrient-rich, great-tasting eggs! Learn how chickens make ideal 4-H projects for youth in rural, suburban, and urban settings by attending Poultry Palooza!

This program, presented by Cornell Cooperative Extension of Genesee and Monroe Counties, will take place from 10 a.m. to 2 p.m. on Saturday, June 4, at the Kennedy Building on the Genesee County Fairgrounds, 5056 E. Main Street Road, Batavia.

This event is open to all Finger Lakes area youth ages 5–19. Youth do not need to be 4-H members to participate. Youth ages 5–8 must have an adult present.

Poultry Palooza will feature two levels of workshops: beginner and advanced. The beginner level workshop is for youth who are new to owning poultry or are thinking of starting a poultry project. The advanced level workshop is for youth who are familiar with poultry and wish to advance their knowledge.

Workshop topics include: proper bird handling, flock management, nutrition, diseases, showmanship and more!

The registration fee is $10 per youth and includes lunch (or youth may bring their own), and a copy of the "4-H Poultry Resource Handbook" courtesy of the New York State 4-H Rice Fund. (One resource guide per family will be provided.)

The registration deadline is May 23. For a complete event brochure and registration form, please visit http://genesee.cce.cornell.edu/events or contact the Monroe County 4-H Office at 585-753-2568 or monroe4h@cornell.edu.

Press release:

On May 18, the Genesee County United Way will be employing the resources of 350+ voluteers for the 9^th Annual Day of Caring. The United Way Day of Caring provides local businesses with volunteer opportunities throughout Genesee County where their employees can harness their energies to make Genesee County a better place to live.

This year there are more than 35 nonprofit agencies that will benefit from volunteer support to paint, landscape and perform general beautification projects.

The kick-off event at Dwyer Stadium is sponsored by Lawley Genesee. It starts at 8 a.m. and includes breakfast and cheers performed by each volunteer team. There's an official ceremony at 8:30 and a team photo will be taken as is customary before the day's work begins. People fan out to work on various projects and then wrap up by meeting at 3 p.m. at Terry Hills Restaurant and Banquet Facility on Clinton Street Road. Stories will be told, a slide show of the day will be shown and all will have a good time!

It is estimated that a total of more than 3,200 people hours will be contributed throughout the day with an estimated $48,000 in labor costs provided. Perhaps the largest single volunteering day in Genesee County!

For more information you can email UW Regional Director Erik Fix at erik.fix@uwrochester.org or call 585-356-2814.

If you like traditional shooting with black powder firearms, or know someone who does, then you might be interested in the public Spring Shoot planned by the Alabama Hunt Club later this month.

According to Bob Smith, who is on the board of directors of the hunt club, there will be target matches for all black powder muzzle loaders, including flintlock, percussion, in-line and bench guns. The shooting range is from 25 to 200 yards.

The Spring Shoot will be held from 9 a.m. to 5 p.m. on Satruday, May 21, and from 9 a.m. to 3 p.m. on Sunday, May 22, at the club, located at 1857 Lewiston Road in Basom (near Oakfield, ZIP is 14013).

The club is trying to preserve the traditional shooting of black powder firearms and it also supports the conservation of wildlife. In fact, it has a section of land set up for that purpose.

For more information call John at (716) 714-5514 or Sam at (585) 297-7747.

A plan to fund Vibrant Batavia for two more years at a cost of $97,000 was narrowly rejected by the City Council on Monday night, but that doesn't mean Vibrant Batavia is dead, or that the city can't look at other neighborhood programs to replace it, said Council President Eugene Jankowski.

"Vibrant Batavia got off to a bad start," said Jankowski, who voted against moving the two-year plan to the council's next business meeting. "It got a stigma, labeled, if you will, as coffee parties and ice cream socials when really it wasn't that, but unfortunately, you only have one chance to make a first impression."

Paul Viele, Kathy Briggs, Al McGinnis and Rose Mary Christian joined Jankowski in voting against the plan.

The plan would have committed $48,500 for 2016-17 and another $48,500 for the following year.

The funds would have come from money already committed in the budget for Vibrant Batavia ($25,000), another $24,000 from last year's unused appropriation, $33,000 from the sale of a foreclosed home on Walnut Street and $15,000 from a community development block grant.

Christian argued that the city has a lot of other needs and the funds would be better spent on parks, sidewalks or police gear.

Both Christian and McGinnis questioned whether Vibrant Batavia really accomplished anything its first three years of existence. 

McGinnis said that recent community action to oppose the closure of Park Road and stop a fast food restaurant on West Main Street were citizen, grassroots initiatives and didn't need Vibrant Batavia to get going. That's the American way, he said, not government-funded programs for neighborhood improvement.

"As long as we allow Vibrant Batavia to exist, it becomes a fixture and continues to grow," McGinnis said. "It becomes a mandate and it needs to stop now."

One of the accomplishments placed by some on Vibrant Batavia's resume is improvements to the Summit Street neighborhood over the past year to 18 months.

Christian said there is no way Vibrant Batavia deserves credit for that change. That was the result, she said, of citizens working with the police and code enforcement officer.

"You can't tell me that Vibrant Batavia did this," Christian said.

A short time later, Councilwoman Patti Pacino said exactly that. She said she was at the neighborhood meetings with Summit Street residents right from the beginning, and so was LeAnna DiRisio, then director of Vibrant Batavia. Pacino said Vibrant Batavia was involved every step of the way.

"The residents called LeAnna and said, 'can you help?' " Pacino said. "A couple got together and said, 'we don't have any experience and power.' She was at all of those meetings."

Pacino also rejected the notion that all Vibrant Batavia did was spend money on pizza parties.

"All this money supposedly spent on pizza and ice cream, it didn't come from the city," Pacino said. "Most of it was donated and not taken out of this money."

Pat Burk and Marty Macdonald, both Vibrant Batavia volunteers from the beginning, spoke in support of continued funding.

"People need to know that they can depend on their elected officials and their city officers to ensure that there is pride throughout the community," Burk said.

Macdonald said Vibrant Batavia existed primarily because it was backed by people willing to support it with donations and thousands of hours of volunteer work, but it still needs city backing to continue.

"There are people who believe in our community and the movement taking place," Macdonald said. "They see a vibrant Batavia rising up and they need City Council leaders who are not taking people where they want to go, but where they need to go."

When Vibrant Batavia was first conceived more than three years ago, it was the result of a study of a group of consultants who said the city needed to do more to address deteriorating neighborhoods, because decreasing home values can spiral out of control if neighborhood issues are not addressed. 

The original plan was for Vibrant Batavia to be established as a five-year project, but every year since, some council members have forced it to fight for its existence, annually calling into question whether the city should be involved in backing the initiative.

City Manager Jason Molino's plan was intended to get it through the final two years of that five-year plan and then see where to take it from there.

Last year, the council reached a compromise for one more year of funding but made it contingent on Vibrant Batavia finding another $15,000 in funding not from a city source.

Molino argued that the auction of the house on Walnut for $33,000 met the criteria. That is money being reinvested back into neighborhoods, he said.  Originally, the city wanted to donate the house to RochesterWorks!, and much like Habitat for Humanity, allow RochesterWorks! to finish the rehabilitation on it and then sell it to fund Vibrant Batavia. This clearly would have met the funding goal,  Molino said, but legal barriers prevented that plan from moving forward, so the city auctioned off the house itself.

McGinnis argued that Vibrant Batavia had failed to meet its financial obligation.

"Using the home sale money is not going to fly," McGinnis said. "It's short and simple: you failed to meet your goal and you're finished. You don't have the money, game over."

After the meeting, picking up on prior statements by Molino that Vibrant Batavia is really a committee of the city appointed by the council, just like any other committee, and other city committees aren't expected to raise their own funding, Jankowski said perhaps Vibrant Batavia should have raised an objection a year ago to the self-funding requirement.

"They should have addressed it much sooner," Jankowski said. "People kind of felt like it was a scam."

Jankowski said he's favored all along a one-year plan for Vibrant Batavia, that such a request might have a better chance of getting through the council. A one-year plan, he said, he would be more likely to support than a $96,000 two-year plan.

But he also questioned both some of the specifics of the plan rejected by the council and even whether there is that great of a need for a group like Vibrant Batavia.

One of the specific tasks of the two-year plan was to select two neighborhoods for a "curbside appeal" program where a consultant would produce artist renderings for more than 200 homes showing residents how with a little work they could improve the appearance of their houses.

"Do we really need artists renditions of people's homes?" Jankowski said. "Will people really spend money to get a nice picture of 'this is what your house could look like,' and you're like, 'I don't have $10,000 to do that kind of landscaping.' "

On the other hand, there's no reason for the city not to go back to the drawing board on neighborhood improvement efforts, whether that's called Vibrant Batavia or something else, Jankowski said.

He favors what he's seen work during his own 35-year police career. Years ago, Pat Corona (now retired) started a neighborhood policing program that had police officers knocking on residents' doors when local crimes were reported, not just to seek witnesses and warn of break-ins, but to make connections.

That evolved, he said, into the local drug task force, and instead of instant feedback, months-long investigations fell behind a necessary cloak of secrecy and people no longer had direct knowledge that problems in neighborhoods were actually being addressed.

Maybe the $33,000 from the sale of Walnut Street should be spent on sending a couple of police officers to community policing school, Jankowski said.

On the other hand, things in Batavia really aren't as bad as some people sometimes make it out to be. He remembers a floating crap game on Ellicott Street, and parking lots filled with beer-swilling men and kids drag racing on Main Street. 

"I'm not seeing that kind of activity that I saw in the beginning of my career," Jankowski said. "I mean, things were really bad. There were shootings. There were murders. Now they are fewer and farther between."

A garbage truck operated by Genesee ARC stopped on State Street and a person ran out of a residence with a bag of garbage and threw it in the truck and ran back into his or her house.

The resident is not a Genesee ARC customer.

Batavia PD is responding.

Press release:

On April 21, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), Genesee County Probation officers and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. (Neighborhood Enforcement Team) detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made;

• Ashli Zajaczkowski, 25, of Walnut Street, Batavia, was charged with unlawful possession of marijuana;
• Mariah Hagen, 20, of Pratt Road, Batavia, was charged with unlawful possession of marijuana;
• Thomas Hill, 26, of Fayette Street, Brockport, was charged with two counts of criminal possession of a controlled substance 3rd degree (Class B felony), criminally using drug paraphrenalia 2nd degree (Class A misdemeanor) and unlawful possession of marijuana;
• David Riley Jr., 33, of Eugene Street, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 3rd degree (Class B felony) and two counts of criminal possession of a controlled substance 3rd degree (Class B felony);
• Lance Mercado, 25, of Holland Avenue, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 5th degree (Class D felony) and two counts of criminal possession of a controlled substance 5th degree (Class D felony);
• James Mitchell, 37, of Jackson Street, Batavia, was arrested on a bench warrant out of the City of Batavia Court for failure to pay fine;
• Liin-Noshujuan Gard, 25, of Batavia, was arrested on a Livingston County warrant.

All subjects are to appear in City Court/County Court for further proceedings at various dates and times.

Photo: By Howard Owens, taken the night of April 21 on Jackson Street.

Police Officer Chad Richards wasn't available two weeks ago when the City Council presented its annual awards, so last night he received his Employee of the Year award from Council President Eugene Jankowski.

May 10^th, 1864, Spotsylvania Court House: The Day A Man From Genesee County Made History

by Don Burkel (president, Holland Land Office Museum)

“I will carry those works” were the words spoken on May 10^th, 1864 by a 24-year-old West Point graduate from West Batavia. He was about to become the third youngest Union Brigadier General during the War of the Rebellion.

Colonel Emory Upton, whose Second Brigade in the First Division, Sixth Corps, Army of the Potomac, demonstrated great tactical skill at the Battle of Rappahannock Station in November, 1863, was selected to lead twelve hand picked regiments of the Sixth Corps to break the lines of Confederate General Doles’ Georgia brigade, known as Doles’ Salient.

It had been decided that a column formation, made up of four rows of three regiments, 4,500 troops, rather than the old linear form, would have greater success in penetrating Doles lines. At 6:10 p.m., young Upton leading on horseback, advanced his troops double quick over 150 yards of open field, and without firing a shot advanced over the Rebel rifle pits.

His veteran troops held the enemy’s works for little over one hour awaiting support from General Mott’s division, which never came. As dusk approached, and without any reserves, Confederate General Ewell’s corps repulsed Upton’s forces. Without support Emory had no choice but to order the withdrawal of his regiments. His casualties amounted to 1,000 dead and wounded. The young Colonel, was slightly wounded, and deeply upset about the lack of support did capture several colors, a battery and 1,200 prisoners.

Captain Kidder, whose 121^st New York Volunteers (Upton’s Regulars) participated in the attack said, “the men from the Green Mountain State think that there never was such a splendid man and officer as Colonel Upton.” Grant was also impressed by this young officer’s success, and ordered General Hancock’s Second Corps, of 20,000, to follow up with the same strategy on May 12^th to assault the apex of the Mule Shoe, known as the Bloody Angle.

There was no relief for Upton as his Second Brigade regiments were called upon to assist Hancocks’ troops by advancing to fill a gap in the heavy fighting at the Bloody Angle. Due to Emory’s bravery and tactical skill, General Grant recommended that Upton receive his promotion to Brigadier General because of his meritorious and gallant service at Spotsylvania Courthouse.

The dedicated and ambitious Emory Upton was promoted to Major General of Volunteers after commanding a cavalry division in 1865. He earned a reputation for his leadership and tactical skills at the battles of Rappahannock Station, Wilderness, Spotsylvania, Cold Harbor, Winchester, Selma and Columbus.

General Upton’s well-known book of tactics, military policy and ideas of reform would eventually change the structure and the efficiency of the army. We should honor this noble soldier from West Batavia for having changed the course of warfare. His place in history is duly noted in fields of Spotsylvania, Va., on May 10^th.

Be sure to visit the Holland Land Office Museum and view the Upton collection.

Two days ago, we told you about a riding mower that was reportedly stolen from a residence on Naramore Drive in Batavia.

The tractor is home safe and sound.

Liz Johnson said the mower appeared next to their shed today as mysteriously as it disappeared. No note, no knock on the door to explain things or to apologize for an apparent mix up.

She spoke with police and the theory is the removal of the mower was a case of mistaken address by a repair shop that was scheduled for maintenance. After the tractor was posted on The Batavian as stolen, the repair shop realized its mistake and quietly returned the mower.

Johnson said she's at least glad there is a happy ending to the story.

A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

Press release:

Tonawanda Valley Federal Credit Union is hosting its inaugural 5K/10K on Saturday, June 11th, to benefit the TVFCU Jr. Banking Scholarship. TVFCU will be awarding deserving high school seniors scholarships to put toward furthering their post-secondary education. 

Local runners, walkers, and those who love to be involved in 5K/10Kraces please contact the credit union. It is looking for race participants and those who want to volunteer to work on the day of the race.

All participants can visit this Web site: www.tvfcubatavia.com click on the 5K/10L logo on the left hand side and then follow the instructions on the landing page to register to participate.

Both runs begin at 9 a.m. at the credit union. The routes are available to view on the TVFCU Web site.

Race fee is $25 from now until May 25th and a race T-shirt is guaranteed. After May 25th, race fee is $30 and a T-shirt is not guaranteed. 

Tonawanda Valley Federal Credit Union
10 Jefferson Square
Batavia, NY 14020

Kristine B. Duran, CEO
kduran@tvfcubatavia.com

Phone (585) 343-5627
Fax (585) 344-2383

Submitted photo and press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today honored members of the U.S. Military Academy during West Point Day in Albany.

Cadets from all across New York State as well as many officers joined legislators in the Assembly Chamber for passage of a resolution honoring the institution, which has guarded New York and the valuable Hudson River from invasion for more than 200 years.

“The U.S. Military Academy at West Point has a tremendous tradition and was critical in protecting our state during the American Revolution,” Hawley said. “As a veteran and son of a veteran, I can relate to the extraordinary sacrifices made by West Point Cadets. I want to thank all the members of West Point for enriching the heritage of New York State and their role in protecting our great nation.”

Hawley currently serves as Ranking Republican Member of the Assembly’s Veterans’ Affairs Committee and sponsors a plethora of legislation which would increase services and free programs for veterans. He delivered an impassioned speech during today’s ceremony praising West Point.

“Tens of thousands of brave souls have graduated from the U.S. Military Academy, and today is a day to recognize the courageous contributions they made so we may all sleep safely at night,” Hawley said.

“Four years of molding, intense physical and mental training, academically rigorous coursework, and military expertise help shape cadets into some of the best and brightest soldiers in the U.S. military. As you leave West Point and enter the Armed Forces, I, along with my colleagues, thank you for your service and for enriching this prestigious academic and military institution.”