An accident involving a tractor-trailer is reported in Pavilion at Route 63 and Route 20  

Intitially there was a report of a head injury and Mercy Flight was put on ground standby. A first responder reported only minor injuries.

Pavilion fire and Mercy EMS responding.

State troopers have a new tool in their aviation toolbox, Capt. Scott Reichel told members of the media assembled at the Batavia Barracks today, where a new program to deploy 18 drones across New York State was announced.

The first two drones were purchased as a pilot project by the State Police. The next 16 were purchased by the Trooper Foundation and donated to the State Police.

Reichel said the program will be evaluated for efficiency and effectiveness, which could determine whether to expand the program or purchase higher-end drones with more capabilities.

The DJI model being deployed, with all accessories, costs about $7,000 each.

"We picked this model because it's a good, proven platform, good airworthiness, pretty good capability to operate in cold weather, and they're used in cinematography and photography, so they have a good camera system," Reichel said.

They will be used in search and rescue missions and criminal investigations. They will also be tested in accident reconstruction, though that requires the purchase of additional technology, but Reichel said the drones could potentially help get accident scenes clear sooner by speeding up the investigation process.

"One reason we picked this drone is cost," Reichel said. "One of the things we wanted to be able to do was deploy these across the state. It doesn’t do any good for the State Police to have one drone to service the entire state of New York. We were able to acquire 18 of these and we’ll be able to put two in each troop."

There is technology available that could help with locating marijuana grow operations, an operation now handled by state police helicopter pilots, but State Police have not yet purchased cameras with that capability. Nor do the cameras have thermal imaging technology.

"The intention is not really to use these for marijuana eradication at this point," Reichel said. "This is more for support of police operations as they're evolving, more a response-type tool."

The goal is to have four to six troopers in each troop, excluding Troop T, which will be covered by the other troops for drone operations, certified to operate the drones.

To be eligible for considerate, a trooper must first become Part 107 certified by the FAA on his or her own time. If accepted into the program, the trooper will go through another 32 hours of training.

There are policies and procedures troopers must learn and obey. All of the same rules that apply now to searches and privacy will apply to drone pilots, Reichel said.

"As always, we safeguard people’s privacy," Reichel said. "That’s the way the State Police operates. We’ve established a privacy policy that governs our use of the drones. We discussed it with the New York Civil Liberties Union. The drone is not intended to circumvent any legal process that we already comply with, so it’s just another tool in the toolbox."

Zone Sgt. Corey Harmon

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

Press release:

The 2018-19 school year is fast approaching. Byron-Bergen families with children who have turned 4 or 5 years of age by Dec. 1, 2018 should register them for Universal Prekindergarten (UPK) or kindergarten as soon as possible.

Universal PreK Registration

The Byron-Bergen School District hopes to once again offer a half-day Universal Prekindergarten (UPK) program for the 2018-19 school year. The class will be held at the Byron-Bergen Elementary School, which is located at 6971 W. Bergen Road, Bergen.

Students eligible for the program must have turned 4 years of age by Dec. 1, 2018. If you have a child eligible and are interested in having him/her attend our UPK program, please send a letter of interest by Friday, April 6 with your child’s name, parents’ names, address, phone number, and date of birth to: Brian Meister, Elementary School Principal, 6971 W. Bergen Road, Bergen, NY 14416, by Friday, April 6.

Parents who have already contacted the Elementary School by phone will still need to send in a letter to be eligible for UPK. Please note that if we receive more than our allowed capacity, we will select students using a lottery system.

What are the program goals of UPK at Byron-Bergen?

To meet the NYS learning standards by using a curriculum that is thematically-based and supported using literature, songs and exploration.
To foster an environment that promotes happy, confident children who are willing to take risks, make independent choices, and ask questions.
To create an inclusive community that builds upon the student’s strengths and accommodates his/her needs.

Philosophy of UPK

The UPK program at Byron-Bergen is focused on socialization, learning through play, and self-exploration. Children learn through a hands-on learning environment that includes activities, learning centers, concrete materials, and manipulatives. Students learn through a nurturing environment that is enriching, challenging and developmentally appropriate.

Kindergarten Registration

Children who are 5 years of age, on or before Dec. 1, 2018, are eligible for entrance to kindergarten in September of 2018. New families in the school district should notify the school if they have a child that will enter kindergarten in September of 2018.

Parents may contact the Byron-Bergen Elementary School Office by calling 494-1220, ext. 1301. Information may also be sent to the Byron-Bergen Elementary School, 6971 W. Bergen Road, Bergen, NY 14416.

All children registering for Kindergarten will be scheduled for a screening appointment this summer. The results of this screening will be used to plan for the 2018-19 Kindergarten Program.

The following items are necessary to complete the registration process:

1.       Your child’s Birth Certificate;

2.       Certificate of Immunization—New York State law requires that every child entering school must have received a minimum of five doses of diphtheria-pertussis-tetanus vaccine (DPT) and four doses of polio (IPV) vaccine, two doses of MMR (measles, mumps, rubella), three doses of Hepatitis B, and two doses of varicella (chickenpox). Those children born on or after 1/1/2008 must have four doses of Pneumococcal Conjugate Vaccine (PCV). Their immunizations must be completed prior to entering school;

3.       Proof of Residency—If this is the first time you have a child entering Byron-Bergen Central School District, please bring proof of residency to your screening appointment. This can be a copy of your mortgage statement, rental/lease agreement or a copy of your tax bill.

Have you considered Falleti Motors service department for your automotive repair/maintenance needs? Our service department repairs all makes and models.

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Pick up and drop off service is available (must schedule in advance). We can pick your vehicle up from home, work, school etc. and service the vehicle. After completion we can return the vehicle to you. There is no charge for this service.

We work with all extended warranty companies. To schedule service please call today (585) 343-2222.

Financing for developer Savarino Companies on the Ellicott Station project should close by mid-to-late March, according to Economic Development Coordinator Julie Pacatte.

Pacatte reported progress on the project to the Batavia Development Corporation board of directors this morning. 

The complicated financing deal to pay for the $18 million development, which includes a restaurant/brewery, apartments, and office space, includes some of Savarino's own money (about $3.5 million), grants, tax credits, and private investment (about $10 million) through a program called a New Market Tax Credit.

Empire State Development has promised $1.9 million for the project and has agreed to release the funding in stages to help pay for the project as it proceeds. ESD will get back 1 percent of the grant money as a "commitment fee."

That grant is administered by the BDC.

There is also a $500,000 grant from the state administered by the City as part of the Restore NY program.

The project will also receive tax abatement through Genesee County Economic Development Center.

There is also one brownfield tax credit already granted through the state because of the environmental cleanup needed at the former Della Penna property.

There is an application pending for the former Santy Tires property.  

Pacatte said the DEC requested more information on the possible environmental contamination on the property, indicating not enough evidence has been presented yet that the property has enough contamination to warrant the tax credit.

None of the environmental tests on the property done so far were taken inside the old repair bays.

"It was a repair shop for 50 years, so there really is no worry that it's dirty," Pacatte said. "The DEC just asked for more documentation."

Last month, Savarino acquired Ellicott Station LLC, the corporation set up by the BDC to take title to the two parcels on Ellicott Street, and when the financing closes, will pay the remaining $55,000 of the $60,000 purchase price to the BDC.

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Genesee County is not immune from one of the worst outbreaks of flu in New York on record.

Health Department Director Paul Pettit said there have been 149 confirmed cases of flu in Genesee County so far this season, compared to just 38 at this point last year.

"This type of increase has been seen across the state and country," Pettit said.

Across the state, there were 6,083 flu cases reported according to the state's Department of Health. There were 1,606 people hospitalized with confirmed cases of the flu in New York. That's the highest number recorded since the state started tracking flu cases in 2004.

There have been no flu-related deaths reported in Genesee County, Pettit said.

Across the nation, 30 children have died as a result of the flu, and the majority of those children were probably not vaccinated, the CDC reports. Adult flu-related deaths are generally not reported and tracked.

Dr. Dan Jernigan, director of the influenza division at the Centers for Disease Control and Prevention, said he's concerned that early reports that the current vaccine is only 10 percent effective may have misled people into thinking they shouldn't bother with the vaccine. 

Even if the vaccine doesn't prevent a person from contracting a specific flu strain, it does lessen the severity of the symptoms and can help avoid hospitalization. The current vaccine does protect against multiple strains of flu. Flu shots also helps prevent the spread of the flu, especially to vulnerable people such as children and the elderly.

Pettit encouraged local residents to get vaccinated soon.

"The season typically peaks by the end of February, so we are still strongly encouraging folks to get the flu shot," Pettit said. "It remains the best protection for yourself and others and getting the shot often helps reduce the severity and duration of the flu if you do get it."

Perry came out on top Tuesday night in a match of two of the best Class C teams in the region, beating Le Roy 47-32.

Perry, ranked #10 in the state, is now 12-2, and Le Roy is 10-3.

For Le Roy, Reece Tresco scored 11 points and had five rebounds, two assists and two steals. Canyon Roster had 11 rebounds.

For Perry, Tyler Cowie scored 19 points, pulled in 15 rebounds, had two assists, three steals, and four blocked shots. Austin Croll scored 13 points and had five rebounds.

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

As a result of a series of statewide regional forums hosted by members of the Assembly Republican Conference, Assemblyman Steve Hawley (R,C,I-Batavia) today spoke at a press conference in Albany on legislative solutions to combat domestic violence. The full report and all its recommendations have been made public.

The full report, A Safe Haven: Helping Abuse Victims and Enhancing Protections, can be found here.

“Domestic violence is a grave issue that has irrevocable consequences for families and society as a whole,” Hawley said. “I had the opportunity to host one of our conference’s forums in Batavia, and the testimony and information we received was both concerning and valuable.

"This is a complex issue, but after talking with law enforcement, advocates, victims and those on the frontlines around the state, I believe these recommendations will go very far in preventing domestic violence and helping victims feel safe again.”

Some of the recommendations outlined in the report include:

• Providing financial assistance and relief to victims seeking alternative housing or living in a shelter to escape their abuse;
• Declaring domestic violence a statewide public health crisis;
• Creation of a new “Domestic Violence in the Presence of a Child” crime with harsher penalties for abusers;
• Allowing domestic violence victims to obtain emergency panic buttons through local law enforcement or social services; and
• Freeing up law enforcement to arrest more abusers and keep victims safe.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced $5.5 million is now available to farmers and agricultural producers as part of two new grant programs. The awards are aimed toward farmland conservation, assisting farmers in identifying available land and ensuring that arable land is permanently protected from development and nonfarm uses.

“Farming is one of the cornerstones of our community and extremely important to our local economy, traditions and way of life,” Hawley said. “Too often, farmers lose the ability to work the land due to environmental concerns or development, and these new grants will help protect our producers and ensure that family farms remain family businesses. I remain committed to giving our farmers a voice in Albany, and I look forward to advocating their concerns as we progress through this year’s session.”

More information can be found on the state’s Agriculture and Markets site and interested applicants can access grant information here. Applications will be processed until all funding for the program has been exhausted.

Hawley is the former owner/operator of Hawley Farms in Batavia and sits on the Assembly’s Agriculture Committee.

Genesee County's unemployment rate grew to 5.3 percent from 4.9 percent in December of last year.

The increase fits the trends for Western New York. Rochester's rate went from 4.7 percent to 5.0 percent. Buffalo rose from 5.1 percent to 5.5 percent.

The rate for the GLOW region went from 5.4 percent to 5.5 percent.

There are 600 more people in Genesee County's labor force than a year ago.

The state's rate decreased from 4.7 percent to 4.6 percent.

The nation's unemployment rate is 4.1 percent.