A Mercy Flight landing zone is being set up following the report of a motorcycle and deer collision in the area of 123 Transit Road, Pavilion.

Pavilion fire and Mercy EMS have responded.

A 20-year-old Batavia resident will get a second chance as the result of a plea deal stemming for a pair of alleged burglaries of a family member's home if he can successfully complete substance abuse treatment.

Kyle Robert Ratulowski entered guilty pleas today to burglary, 2nd, and grand larceny, 4th, with the understanding that if he successfully completes the program, he will be given a chance to withdraw his guilty plea on the burglary charge and receive a probationary sentence on the grand larceny charge.

Ratulowski is currently in county custody, held without bail, while awaiting a "bed-to-bed" transfer to a drug treatment facility.

A bed at the facility should open within a week.

Interim Judge Michael Pietruszka told Ratulowski that if he washed out of the program, he would be looking of a possible maximum prison sentence of 15 years.

Ratulowski was arrested in April and accused of breaking into a home on Clinton Street, Batavia. He allegedly took a wallet containing a debit card. He told the court that he did not use the debit card. If there is a claim for restitution, Ratulowski will be required to pay it.

Sentencing is set for 1:30 p.m. on Aug. 16.

Press release from the City of Batavia Bureau of Maintenance:

Cherry Street, Pringle Avenue and Central Avenue will be closed between 7 a.m. and 5 p.m. on Thursday and Friday, June 23 and 24, for milling operations. The work will begin on Cherry Street first.

Residents and businesses are not to park on the roadway during milling operations.

These streets will be closed to through traffic. Residents and businesses of these streets will have limited access to their properties and should expect delays when paving operations are ongoing. All other traffic is asked to avoid this area and seek alternative routes.

If work is postponed by weather, work will be rescheduled for the next calendar day.

Press release:

When Genesee Community College Board of Trustees initiated the Genesee Promise Plus (GPP) summer scholarship program in 2008 its goal was to remove financial barriers that often prohibit high school graduates in the Genesee, Livingston, Orleans and Wyoming counties from attending college. Trustees also felt the scholarship program would help families of the graduates recognize that a college degree is perhaps the most valuable investment for their future. 

The GPP report provided by Virginia (Ginny) Taylor, Ph.D., GCC's vice president for Student and Enrollment Services at last week's Board of Trustees meeting, illustrated the importance of the summer scholarship program and how its growth continues to positively impact families in the GLOW region. 

Through the past eight years, college officials have expanded GPP beyond its original scope of providing a scholarship for one or two summer GCC classes to just graduating high school seniors. Today, high school juniors, GED recipients, homeschooled students, as well adults who have never attended college before can also apply and receive a GPP scholarship for one or two classes. 

Interestingly, it is high school juniors that have shown the most substantial growth between 2015 and 2016. As of last Monday, there was an 82-percent increase over last year in the number of juniors who had applied for GPP scholarships. Batavia High, Elba and Pembroke Central were the schools showing the most growth, and homeschooled students jumped from 19 to 37 students. High school seniors increased by 17 percent. The number of adult students applying for GPP is small but also growing. Last year five adults applied, while this year the College welcomed 14 adult applicants. 

"Summer enrollment in Genesee Promise Plus continues to be a powerful opportunity for residents in our GLOW community, and we are excited to have another strong summer session this year, which starts July 5th," Taylor said. "It's not too late register."

There are more than 60 courses offered by GCC in Summer Session II with classes at all seven campus locations and online. From ceramics to chemistry, algebra to accounting, history to hip hop culture-GCC courses all offer SUNY transferable credit.

One more week to register! GPP application deadline is Friday, June 24.

To apply online go to: http://www.genesee.edu/home/academics/genesee-promise-plus/

You can also stop in at any of GCC's seven campus locations:

• GCC at Albion – 456 West Avenue (Rte. 31), Albion, NY 14411- (585) 589-4936

• GCC at Arcade – 25 Edward Street, Arcade, NY 14009 - (585) 492-5265

• GCC at Batavia – 1 College Road, Batavia, NY 14202 – (585) 345-6800

• GCC at Dansville – 31 Clara Barton Street (as of July 2, 2012), Dansville, NY 14437 – (585) 335-7820

• GCC at Lima – 7285 Gale Road, Lima, NY 14485 – (585) 582-1226

• GCC at Medina – 11470 Maple Ridge Road (Rte. 31A), Medina, NY 14103 – (585) 798-1688

• GCC at Warsaw – 115 Linwood Avenue, Warsaw, NY 14569 – (585) 786-301

Press release:

New York Farm Bureau seeks to intervene in the farm labor lawsuit filed against the State of New York and Governor Cuomo. The grassroots farm organization will file a motion today in State Supreme Court of Albany County to gain intervenor status in a lawsuit filed by the New York Civil Liberties Union Foundation. The NYCLUF seeks to create a constitutional right for farmworkers to collectively bargain. The ultimate goal of NYFB with today’s motion is for the court to dismiss the lawsuit.

NYFB is taking this major step to defend farmers, who feel they have been abandoned by the Governor and the New York Attorney General. Both leaders have made public statements supporting the lawsuit and refusing to defend state law, despite its importance to agriculture in New York State.

NYFB believes it has the right to intervene because the interest of its members will not be represented by the defendants – the Governor and Attorney General - and the ability of the organization’s members to continue to produce food for New York residents would be harmed in the event the plaintiffs prevail in this action.

The motion reads, “Farm Bureau is uniquely situated to represent the varied perspectives of its member farms and to zealously defend the constitutionality of the challenged farm labor exemption.”

Farm Bureau believes that the exemption of farmworkers from collective bargaining rights is constitutional, and that the exclusion of farmworkers from the State Labor Relations Act law is based on decades of rational public policy and legal precedent that will be outlined in NYFB’s motions to intervene and to dismiss.

New York Farm Bureau believes that the legal precedent is clear. This is not a question for the courts, and the NYCLUF is attempting to make an end-run around the legislature, which has not approved collective bargaining for farmworkers despite numerous opportunities.

“New York Farm Bureau has a century-long record of defending the state’s family farms, and today’s action is one of the most important in our long history. If we can’t count on our state leaders to do the right thing in this case, we are prepared to stand up for our members in court to protect their rights,” said Dean Norton, New York Farm Bureau president.

Press release:

The Batavia Police Department is currently investigating larcenies from vehicles in the northeast section of the city, including but not limited to: Vine Street, Farwell Drive, Ross Street and Manhatten Avenue.

An arrest has been made with regard to this incident and property has been recovered.

If you discover that a larceny has occurred from your vehicle or other location, please contact Officer Matt Wojtaszczyk at Batavia PD. Phone 345-6350.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with reckless endangerment and criminal obstruction of breathing/blood circulation. Pierce was arrested on June 18 following the investigation into a domestic incident at 3 a.m. on June 14 on Route 5 in the Town of Pembroke. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail and is due in Pembroke Town Court on June 30. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Kyle Krzemien.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with criminal obstruction of breathing and criminal mischief in the fourth degree. He was arrested on June 18 following the investigation into a domestic incident that happened on Route 20 in the Village of Alexander at 1:05 p.m. on June 11. He was arraigned in Alexander Town Court and jailed in lieu of $10,000 bail and is due in Alexander Court on July 12. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Jason Saile.

Rodney John Prichard, 28, of North Main Street, Delevan, is charged with unlawful possession of marijuana, operating a motor vehicle while registration suspended, and having an open container of alcohol. At 3:08 p.m. on June 19, Prichard was stopped on Alleghany Road in the Town of Darien for allegedly driving with a suspended registration. He was also allegedly found to possess an open container of alcohol inside the vehicle. He was released on appearance tickets and is due in Darien Town Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Brittney Lynn Caldwell, 26, of North Main Street, Delevan, is charged with unlawful possession of marijuana and having an open container of alcohol in a vehicle. At 3:28 p.m. on June 19, following a traffic stop on Alleghany Road in the Town of Darien, Caldwell was allegedly found to possess marijuana and have an open container of alcohol inside a vehicle. She was released on appearance tickets for Town of Darien Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Rondell Jermaine Watson Sr., 34, of Raeburn Avenue, Rochester, is charged with petit larceny, conspiracy and disorderly conduct. On June 18, Watson was turned over to Genesee County Sheriff's deputies by the Rochester PD on a bench warrant out of the Town of Batavia Court. He was put in jail and is due in Town of Batavia Court on June 27. The case was handled by Sheriff's Deputy Rachel Diehl.

A 16-year-old who lives on Clinton Street Road, Batavia, is charged with unlawful possession of marijuana. At 2:45 p.m. on June 15, the youth was allegedly found to be in possession of a quantity of marijuana on the school grounds of Byron-Bergen Jr./Sr. high school. The youth was issued an appearance ticket for Bergen Town Court. The case was handled by Sheriff's Deputy Matthew Butler.

Press release from the City of Batavia Police Department:

On June 15, 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), New York State Parole and uniformed members of the Genesee County Sheriff's Office conducted a 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:

Eddie L. Miles Jr., 44, of Central Avenue, Batavia, was charged with one count of unlawful possession of marijuana (a violation) and several traffic offenses following a traffic stop.

Michael Lazik, 62, of Creek Road, Batavia, was arrested on an indictment warrant charging him with one count of criminal sale of a controlled substance, 5th, a Class D felony, and one count of criminal possession of a controlled substance, 5th, also a Class D felony.

Officers conducted 12 parole checks, 16 traffic stops and issued 10 traffic tickets for various violations.

A young man already serving a three-year prison sentence on a gang assault conviction admitted in Genesee County Court this morning that he attempted to sell cocaine to an undercover agent Oct. 14 in the Town of Batavia.

Leonard A. Johnson III was dressed in a green prison jumpsuit and accompanied by two state corrections officers and had family members in the courtroom as he appeared before Interim Judge MIchael Pietruszka to plead guilty to the Class C felony of attempted criminal possession of a controlled substance, 3rd.

The plea satisfies five pending charges, none of which had yet been referred to the grand jury, stemming from an investigation by the Local Drug Task Force into the sale of narcotics in the city and Town of Batavia.

The plea deal includes the stipulation that any sentence imposed by the County Court in September be served concurrently with Johnson's current prison term. The conviction carries a maximum possible sentence of five years.

Johnson entered the guilty plea to the gang assault charge, along with two accomplices, in January. The three young men were accused of beating and kicking a victim on Holland Avenue.

Because of the timing of that conviction and these additional charges, this new conviction will not count on Johnson's record as a second felony offense, which is an issue only if Johnson is ever charged with another felony. (Two prior felony convictions for sentencing purposes could lead to a longer prison term.)

Under questioning from Pietruszka, Johnson said he is currently undergoing substance use counseling while incarcerated.

Ribbon-cutting ceremony Sunday at new county airport terminal. From left, County Highway Superintendent Tim Hens, and members of the Genesee County Legislature, from left, Rochelle Stein, Marianne Clattenburg, Chairman Ray Cianfrini, John Deleo, Gregg Torrey and Andrew Young. Photo by Zachary Lee.

Local Legislature Chairman Ray Cianfrini had the honor of cutting the ribbon at the grand opening Sunday of the new Genesee County Batavia Airport terminal. It was open for the public to tour during the Batavia Rotary Club's annual Fly-In Breakfast on Father's Day.

Construction on the nearly $6 million terminal began May 2015. It's 14,400 square feet, compared to its previous footprint of the 12,800 square feet, and taller, too.

"This is a major upgrade from the old terminal, this is really beautiful," said Batavia resident Jim Owen.

The weather was hot and sunny and the airport was packed with families.

Some pilots left their planes open so people look inside and get a glimpse of the controls. Mercy Flight of Western New York brought one of its helicopters to the event and people got to see it up close.

"It has to be one of the biggest fundraisers we do here in Batavia," said County Highway Superintendent Timothy Hens.

(Photo of Mercy Flight of Western New York.)

A car vs. bicycle accident is reported at North Street and Tracy Avenue. The bicyclist was reportedly unconscious in the roadway but now is conscious. City fire and Mercy medics are responding.

UPDATE 10:12 a.m.: The bicyclist was transported to UMMC. City fire and police have cleared the scene.

(Photo of Frank Gioia by Zachary Lee.)

Local runner and Empire State Games Gold Medal winner Frank Gioia (1983, 1984; plus a Bronze medal in '82) is proof that age is just a number.

After an injury-induced hiatus of more than a decade, the 63-year-old Batavia resident renewed his enthusiam for racing after retiring 2013.

He raced in the third annual GLOW Corporate Cup 5K last August, placing 10th out of 744 participants with a time of 19:46.

Earlier this year, on April 24 in Dedham, Mass., he placed eighth in the United States Track & Field Masters 10K Championship for his age group (ages 61-64) with a time of 41:58.

Being in the top 10 in the nation for his age group is quite an accomplishment, especially after suffering a severe injury to his Achilles tendon while running Rochester's Cobbs Hill 17 years ago.

"I was reaching the mile mark and I felt it; it caused me to jump in the air in pain and I knew I was done," Gioia said.

That, coupled with work and family and the everyday demands of life, steered him clear of running for 14 years. But that's mostly in his rearview mirror now. These days, this Dad is focused forward.

His next race will be Oct. 2 at Syracuse's Festival of Races National 5K starting in the morning at 8:50.

Beer, sun and fun at Beertavia today.

A caller to dispatch reports about 20 minutes ago a red Chevy Cavalier-type coupe drove into the parking lot of Batavia Middle School on Ross Street and dropped off "a cage full of cats," then left. Law enforcement is reponding.

UPDATE 4:29 a.m.: An eyewitness told Howard at the scene that a lone woman driving a bright red Cavalier drove behind their house and to the school parking lot and got out with a cage. When the driver saw she had been spotted, she left the cage with two cats inside and quickly drove off. The cats are black and white and were taken to the Genesee County Animal Shelter.

Assemblyman Steve Hawley (R,C,I-Batavia) issues comments on the closing of the 2016 Legislative Session:

“The legislature’s bipartisan compromise on an exhaustive package to combat our state’s heroin crisis is promising and will provide more access to recovery services and ease insurance requirements so those who truly need help will be included.

"Pension forfeiture for corrupt lawmakers is a great first step toward cleaning up Albany’s pool of corruption, but more is needed. I will continue fighting for term limits for legislative leaders and increased transparency to root out public officials from abusing the power entrusted in their office.

“While we had some major victories statewide, Upstate was once again left high and dry for the most part. We saw no small business relief to counteract the detrimental minimum wage hike passed in April and little infrastructure funding to repair our roads, bridges and highways that are ravaged annually by harsh winters.

"Creating jobs and improving our business climate will remain a top priority of mine, and I will continue to oppose political gimmicks and irresponsible investments made with tax dollars instead of commonsense tax and regulatory cuts for local businesses.”

Press release(s):

Assemblyman Steve Hawley (R,C,I-Batavia) and Sen. Michael Ranzenhofer (R-Amherst) applaud their colleagues for passing this much-needed raffle bill, which nows awaits Govenor Cuomo's signature.

“I am elated to announce that the Senate has passed the ‘Charitable Gaming Act of 2016’ (A.10249A/S7640A) this afternoon and the bill is set to hit Govenor Cuomo’s desk in the near future for the executive’s approval before it becomes law. I would like to commend Sen. Gallivan (R-Elma) and Sen. Ranzenhofer (R-Amherst) for their leadership in the Senate to guide this bill through the legislative process and get it passed as well as Sen. Ortt (R-North Tonawanda) for his persistence on this issue."

In a separate statement, Sen. Ranzenhofer said:

“I am pleased to announce that the State Senate has approved a bill to lift state gaming authority regulations for raffles. Now, local fire departments and other organizations in Genesee County will be able to continue efforts to support our community and help offset the local tax burden. I was proud to co-sponsor the legislation and vote for it in the State Senate, and I am hopeful that Governor Cuomo will sign it into law.”

Hawley added:

“What we need now is for all nonprofit organizations, church groups, Rotary clubs, fire departments, Kiwanis clubs -- and any other service clubs statewide that raise money through raffles -- to write the governor urging him to sign this bill into law.”

Governor Cuomo’s Mailing Address

Honorable Andrew M. Cuomo
Governor of New York State
NYS Capitol Building
Albany, NY 12224

Press release:

Genesee Community College, which has administered tens of thousands of tests through the years, was recently tested, the College's Board of Trustees learned at Monday's (June 13) monthly meeting. The trustees were pleased to learn the College's Campus Safety department not only passed the test, but were also in the 90th percentile. 

Unbeknownst to the college's administration, its security systems and its readiness for a terrorist attack were tested by an unplanned and unannounced visit by the U.S. Department of Homeland Security over three separate days. Suspicious vehicles in the parking lots, unregistered visitors taking photographs, and activities inside the Batavia Campus were not only noted by the Campus Safety officers, but also recorded and finally reported to outside authorities.

It was then College officials learned that the Batavia Campus was one of the few sites that successfully responded in a safe and secure manner to Homeland Securities clandestine efforts to test terrorist threat readiness. Many of the unannounced exercises conducted by Homeland Security in public spaces such as shopping centers, hospitals, public arenas and other campuses go unnoticed and unreported. 

"When the Board of Trustees voted to expand Genesee's public safety office to include peace officers several years ago, they made a very wise decision and investment," GCC President James M. Sunser said. "We are continuously working to be aware of all activities on our campuses, and be as sensitive as we can to any suspicious activity." 

In other business Monday evening, the Board of Trustees:

• Heard Trustee Donna M. Ferry, chair of the Nominating Committee, report on the following recommendations for the 2016-2017 slate of officers for GCC's Board of Trustees: Laura J. Bohm, chair; Donna M. Ferry, vice chair; and Peter R. Call, secretary. The Board will vote on these recommendations at the next meeting on July 11.

• Heard Executive Vice President for Academic Affairs Kathleen (Kate) Schiefen report that the GCC's Nursing program recently completed a year-long comprehensive review. With the Board of Trustees approval, the proposal to rebuild the program under concept-based curriculum will be sent to the State University of New York (SUNY) and eventually to New York State Department of Education and the Accreditation Commission for Education in Nursing. With the flood of changes in today's ever-advancing healthcare environment, both instructors and students are often frustrated by the extensive knowledge needed to study, remember and apply to real practice. The new concept-based curriculum manages the information overload, increases student engagement and the development of critical thinking skills.

• Heard President Sunser report on the extension of the GCC Educational Support Personnel Association (ESPA) employee contract which includes annual salary increases of 2 percent for the next three years. 

• Heard William (Bill) Emm, executive vice president for Planning and Institutional Effectiveness, report on the progress of the College's "Self Study" in preparation for next year's Middles States Accreditation visit. Approximately 80 members of the College's faculty and staff are serving on seven working committees, each focused on one of the seven Accreditation Standards. The Steering Committee is co-chaired by Emm and by Tim Tomczak, professor and director of GCC's Social Science division. Professor Tomczak is currently editing the seven narratives produced by the committees and the draft will be ready for final review by the College community before the end of summer. These efforts are in preparation for Middle States Accreditation site visit scheduled April 2-5, 2017.

• Heard Kevin Hamilton, vice president and Finance and Operations, report that GCC is now hosting a Mesonet Weather Station on the northeast corner of the Batavia Campus near the cellular tower. The station is part of a network of 125 weather stations installed across New York State, funded through the Federal Emergency Management Agency (FEMA). Together, the system will provide vertical profiles of temperature, relative humidity, 3D wind speeds, cloud height, and eventually soil temperature readings when sensors are added. The system of weather stations, overseen by the State University at Albany, will benefit homeland security, energy, aviation, emergency management and agriculture, and comes at no cost to GCC. 

• Welcomed staff member, Maureen Spindler, GCC's new visual communications specialist. Maureen has more than 20 years of experience in photography, owning The Village Photographer, a boutique photo studio in Hilton, where she specialized in portraits, events and commercial photography. She served as photographer and graphic designer at Finger Lakes Community College and with the Pavilion Gift Company. She and husband, Paul, have three adult children. They reside in Hilton.

A car has driven into the building at Burger King on East Main Street, Le Roy.

No injuries reported.

Le Roy fire responding.

UPDATE 9:30 a.m.: The vehicle has been removed. The fire department will attempt to get the doors reopened.