Billie had to go out of town today unexpectedly. I'm still in Chicago and the LION Publishers' conference is in full swing.

For most of the day, we won't have anyone monitoring the scanner. I think we'll have some news flow today, but a slight unexpected disruption.

Press release:

U.S. Senator Charles E. Schumer today announced that, following his push, $36 million in federal funding for the construction phase of the newest National Veterans’ Cemetery in Western New York has been included in the final continuing resolution (CR) package.

This final appropriations bill includes the FY2017 Military Construction and Veterans Affairs (MilCon-VA) Appropriations Bill and it is set to be signed into law by the president soon. The cemetery will be located on 132 acres on Indian Falls Road in Pembroke.

Schumer said the Veterans’ Cemetery in Genesee County will be the first and only of its kind in the Buffalo-Rochester area, and will save thousands of military families from having to travel upward of 100 miles to visit their loved ones at what is now the closest vet cemetery in Bath.

The Pembroke cemetery will provide a fitting burial option to approximately 96,000 currently underserved veterans and family members living in Western New York. Veterans with a qualifying discharge, their spouses and eligible dependent children may be buried in a VA national cemetery. Also eligible are military personnel who die on active duty, their spouses and eligible dependents. Burial benefits available for all eligible Veterans, regardless of whether they are buried in a national cemetery or a private cemetery, include a burial flag, a Presidential Memorial Certificate and a government headstone or marker.

Additionally, with the anticipated completion of the VA’s required Environmental Review by the end of November 2016, the VA anticipates it will complete the acquisition of the two adjoining parcels, a 60-acre parcel and a 77-acre parcel, by the second quarter of FY17 (early calendar year 2017) to enlarge the area of the cemetery. Currently the VA parcel is 132 acres. The acquisitions of the two parcels would effectively double the size of the cemetery.

According to guidance provided by the VA on cemetery development timelines, it can typically take up to 24 months to complete the cemetery master planning and design process. Following the completion of that phase, the construction phase typically requires 24-30 months to compete, with early-use burial areas made available approximately 12 months after the start of construction. Now that the $36 million to fund the construction is secure, the VA anticipates it will begin solicitation of a General Contractor to award construction. Solicitation and contract award is anticipated to require approximately six months.

On Wednesday night, Alexander Elementary School hosted an event designed to bring families together to have fun with math, called Math & Movement. It is a multi-sensory approach to teaching math and reading the uses physical activity and visual elements.

The program uses specially designed floor mats and banners that enable students to hop, walk, crawl, or dance their way to mastering math and reading concepts.

Among the reasons for a program like this is that eight of ten children are what's known as kinesthetic learners and the program taps into a child's natural kinesthetic learning style.

The program is based on research that shows that moving during learning facilitates muscle memory, an important factor with younger children whose abstract thinking skills are not fully developed. Studies show this type of activity allows teachers and students to feel more energized, focused, and prepared to learn.

Information and photos provided by Matthew Stroud, principal of Alexander Elementary School.

Prominent 81-year-old attorney Randolph Zickl was sentenced to five years probation in Genesee County Court today and ordered to pay $400 a month in restitution to his victim, the widow of a former client.

Zickl admitted stealing $75,398 dollars from the woman, who is "well into her 80s," and on June 24th he pled guilty to second-degree grand larceny, a Class-C felony punishable by up to 15 years in prison.

Prosecuting attorney Candice Vogel, an assistant DA in Erie County, said after today's proceedings: “The sentencing order was for five years probation. During that five years of probation the defendant was ordered to make restitution payments at the rate of $400 a month through the Probation Department here in Genesee County. He had already made a payment of $11,300 before we arrived here today.”

That leaves a remainder of $64,098 in restitution to be repaid to the victim. At the rate set today, she will not see the full restitution payment for approximately 14 years.

Zickl was once one of the most respected attorneys in the county, heading up the County’s Office of Legal Assistance. He also has two sons currently working in the Genesee County District Attorney’s Office.

One of Randolph Zickl’s defense attorneys said before sentencing that his client “feels horrible” about his crime; Zickl declined to speak before sentencing.

His defense also requested that he be given 60 days before continuing restitution payments as he has already paid a large sum of the amount and is currently living off of Social Security.

Presiding Judge James Bargnesi gave Zickl 30 days before the resumption of monthly restitution.

Vogel said that the perpetrator's age, the victim's age, the sizable amount of restitution paid to date and Zickl's assets and capability of paying the remaining amount all factored into the judge's decision to grant probation and determine the amount of monthly restitution. Vogel said the victim's family is aware of the terms and indicate they are comfortable with them.

Asked about the likelihood that the victim will live to reap the benefits of full restitution, Vogel said: "This is one of the biggest issues of financial exploitation of the elderly. It's kind of a race..." to try and prosecute such crimes and recoup what was stolen before the victim dies.

Vogel said, technically, if Randolph Zickl dies before he completes restitution, the balance will be the liability of his estate and its heirs.

One of the six Cuban nationals who operated out of Batavia and Lockport to run a massive credit card fraud operation was sentenced today to 12 months in federal prison for his part in the scam.

Yasser Carrillo Chartrand, 24, who previously pled guilty to a charge of conspiracy to commit wire fraud, was also ordered to pay $13,786 in restitution. 

Previously convicted co-conspirators were Eduardo Hernandez Quinones, Claudia Diaz Diaz, Yaily Santurio Milian, Jose Valdivia Quinones and Misael Toledo Rios, all citizens of Cuba.

Chartrand and his cohorts acquired the credit card numbers of real people, including at least two Genesee County residents, from online databases of stolen data and by using card skimmers placed on gas station credit card readers. They then created new, authentic-looking credit cards, which they used in stores throughout the Western New York region.

Investigation of the case began with a complaint to State Police in Batavia of fraudulent credit card transactions. The case expanded from there to include law enforcement in other jurisdictions and federal investigators.

A home on Batavia-Oakfield Townline Road that was used as a base of operation by the group was raided in January 2015.

Previously: Group of Cubans running massive credit card fraud ring had base in Batavia

From our news partner WBTA:

Cynthia Eggleston told the judge she was “very, very, very regretful” for stealing more than $40,000 from Pavilion’s Parent Teacher Organization in Genesee County Court Tuesday morning. She was the PTA's treasurer.

Eggleston’s last appearance in court made news as Judge Michael Pietruszka rejected an agreement in which Eggleston would plead guilty to fourth-degree grand larceny and receive a probation only sentence after it was revealed she was accused of stealing from yet another organization.

Those allegations were never brought to fruition and no additional charges were filed.

However, Eggleston maintained her guilty plea and was sentenced to five years probation and four months of weekend work release in the County Jail.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is reminding residents that Saturday, Oct. 1, begins Breast Cancer Awareness Month. Every October, pink streaks of hair, shirts and even cleats on sports stars help raise awareness the devastating disease. 

Cancer is a scary word. In New York, more than 15,000 women and 150 men are diagnosed with breast cancer annually. Hawley is encouraging his residents, women and men alike, to visit their doctors to get screened for this disease, as early detection is crucial to survival.

“I encourage everyone to talk with their doctors and schedule exams. Our community is so fortunate to have many organizations dedicated to fighting breast cancer, including the Breast Cancer Coalition of Rochester (BCCR). Preventive measures and early detection can be life-saving decisions,” Hawley said. “The health and well-being of our daughters, sisters, wives and loved ones is important. I encourage everyone to learn more and get involved in the fight against breast cancer.”

BCCR is devoted to sharing information and supporting those touched by a breast cancer diagnosis. BCCR efforts include hosting fundraisers to raise money for research, as well offering educational seminars and support programs. Its Peer Advocates Lending Support (PALS) program helps connect breast cancer survivors with those new to the disease.

BCCR covers and provides services for a nine county region and is easily accessible via a variety of methods. Visit http://bccr.org/programs/, call 585-473-8177 or email info@bccr.org to learn more about the programs and services available from the Breast Cancer Coalition of Rochester.

Press release:

The 32^nd annual Health and Humanitarian Award of Genesee County will be presented to Paul and Bridget Ohlson on Friday, Nov. 4, at an awards luncheon at Terry Hills Restaurant. They are the founders of Care-A-Van Ministries, which is now supported by 23 local churches, and partners with a variety of agencies including The Salvation Army, Cornell Extension, GCASA, among others.

The award presented by The Jerome Foundation and United Memorial Medical Center Foundation recognizes volunteer men and women of Genesee County who have helped promote emotional, physical and spiritual well-being of the area’s residents. Nominations reflected “ordinary people who reach far beyond themselves to the lives of those in need, bringing hope, care, and friendship, and helping build a stronger, healthier community.”

In naming the Ohlsons for this year’s award, the Foundations will recognize 16 years Paul and Bridget, along with other devoted volunteers, have ministered to the needy in Batavia. Their outreach program focuses on “seeking out and serving the lost, the less fortunate, and the hurting.”

It all began in May of 2000 when the Ohlsons recognized neighborhoods in Batavia where families had a great need for groceries. Using their van, they would park at various street corners and distribute food. They would rotate to different neighborhoods in the City of Batavia every Saturday morning. The Ohlsons used their vans and bus “to bring food, clothing, compassion, love, hope and prayer to many areas of the city." They have not missed a single Saturday morning in reaching out to those in need.

The Health and Humanitarian Award luncheon is open to the public. Reservations can be made by contacting United Memorial Medical Center Foundation at 344-5300. Seating will be limited so early reservations are encouraged.

Seen a creepy clown hanging around the City of Batavia? There have been reports...

"A neighborhood kid thought he saw a clown in a vacant lot," said Batavia Police Officer Marc Lawrence. "(Subsequently) A neighbor observed an open window in a residence on Central Avenue."

But the child did not actaully see anyone inside or entering the residence.

"Have there been any other reports of clowns in the city?" an officer asked Lawrence.

"There've been a couple, all unfounded," Lawrence replied.

Submitted photo and press release:

The U.S. Fish and Wildlife Service has listed the eastern massasauga rattlesnake as a threatened species under the Endangered Species Act. The Service also determined that designating critical habitat for the eastern massasauga is not prudent.

Eastern massasaugas are currently found in scattered locations in Illinois, Indiana, Iowa, Michigan, New York, Ohio, Pennsylvania, Wisconsin and Ontario, Canada. In New York, this snake is found in two counties: Genesee and Onondaga.

The species, a candidate for listing since 1999, has been declining over the past few decades due to loss and fragmentation of its wetland habitat. Nearly 40 percent of the historical populations are now extirpated and an additional 15 percent are of uncertain status. Of those known remaining populations, most are experiencing ongoing threats, meaning additional population losses are anticipated in the future.

Under the Endangered Species Act, threatened species are plants and animals that may become endangered in the foreseeable future. While the Act protects listed species from take, which includes harming, harassing, injuring or killing, the law allows exceptions for take through permits, and all forms of take, including lethal take, are permitted if there is an imminent threat to human safety. Steps can be taken to keep snakes away from homes and outbuildings.

Habitat loss is the primary threat driving declines of eastern massasaugas, but as their numbers decline, other threats such as direct mortality or collection play a more significant role. Snakes may be killed while crossing roads as they travel between wetlands or after they emerge from hibernation; people intentionally kill or collect them; and they can be killed by prescribed fires and mowing when those activities are conducted after snakes have emerged from hibernation.

“Eastern massasauga rattlensnakes play an important role in the ecosystem, serving as both predator and prey,” said Tom Melius, the Service’s Midwest Regional director. “Conserving the massasauga means we are conserving natural areas that serve as habitat for many other plant and wildlife species.”

The timid eastern massasauga is a small snake with a thick body, heart-shaped head and vertical pupils. The average length of an adult is about 2 feet. The snake’s tail has several dark brown rings and is tipped by gray-yellow rattles. Massasaugas eat small rodents such as mice and voles, but they will sometimes eat frogs and other snakes. People’s fear of the massasauga and the species’ resultant persecution are largely unwarranted. Eastern massasaugas are docile, secretive snakes that will try to escape first rather than defend themselves or fight.

Massasaugas live in wet prairies, marshes and low-lying areas along rivers and lakes. Massasaugas also use adjacent uplands during part of the year. They often hibernate in crayfish burrows, but they may also be found under logs and tree roots or in small mammal burrows. Massasaugas use a mix of wetland and upland habitat that is important to many other species of wildlife as well as to humans. Wetland habitats provide wildlife habitat, recharge groundwater resources and improve water quality.

The eastern massasauga is currently state - or provincially listed as endangered, threatened or a species of concern in every state and province in which it lives. The Service and partners have been working together to conserve eastern massasauga populations since the species was named a candidate in 1999.

The Service determined that designating critical habitat for the eastern massasauga rattlesnake is not prudent because doing so would increase the threat from persecution, unauthorized collection, and trade. The final rule listing the eastern massasauga appeared in the Sept. 30, Federal Register. The rule has an effective date Oct. 31.

For more information about the eastern massasauga and the Service’s final rule to list the snake under the Endangered Species Act, visit http://www.fws.gov/midwest/endangered/reptiles/eama/

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals and commitment to public service. For more information on our work and the people who make it happen, visitwww.fws.gov.

This week, the Batavia High School Girls Tennis Team capped a nine-match winning streak with a Division IV championship, the team's third, and now enter sectional play as the #2 seed in Class B. They next play Wednesday, vs. Aquinas, #7 seed, at home.

Press release:

Independent Living of the Genesee Region (ILGR) will be holding a series of FREE anger management workshops at its 113 Main St. office in Batavia, from 2 to 3:30 p.m. on Tuesdays, beginning Oct. 11^th. Those who attend will be shown practical steps: to learn to manage anger; to stop violence and the threat of violence; to develop self-control over thoughts and actions; and to receive support and feedback from others in the workshops.

Pre-registration by Oct. 4 is required!

This workshop will be co-facilitated by Debra McKnight and Jim Strollo who bring experience and perspective to the endeavor. McKnight is a New York State certified Peer Specialist who has a degree in Human Services and holds a Mental Health First Aid Certificate. She is trained to provide help to people experiencing mental health problems such as depression, anxiety disorders, and substance abuse. Strollo has a master's degree in Psychology and is a Credentialed Alcohol and Substance Abuse Counselor (CASAC). He has conducted the Impaired Driver Program in Wyoming County for the past 26 years. Strollo is retired from the NYS Department of Corrections after a career of 25 years in counseling inmates. Together, they will create a welcoming and supportive environment.

Among the specific topics to be addressed are: an overview of group anger management treatment; a conceptual framework for understanding the events and cues that can produce anger; helping group members develop a plan for controlling anger; how to change the aggression dycle; the A-B-C-D model of cognitive restructuring and thought stopping; alternatives for expressing anger through assertiveness training and the conflict resolution model; how past learning can Influence present behavior in family situations; reinforcing learned concepts; graduation and the awarding of Certificates of Completion.

Independent Living serves people with disabilities in Genesee, Orleans and Wyoming counties. Participants must attend all 12 workshops to earn their certificates. You can receive more information, and sign up for the workshops, by contacting Jim Strollo at (585) 815-8501, ext. 410, or by email at jstrollo@wnyil.org.

Press release:

Independent Living of the Genesee Region (ILGR) will be holding a pair of focus groups on the concerns of LGBTQ individuals with disabilities.

Have your voice heard! This is a call for individuals who identify as lesbian, gay, bisexual, transgender, queer/questioning (LGBTQ) and living with a disability (i.e. physical, sensory, mental health, or co-occurring disability) to take part in a focus group and to be heard about current services, programs -- or lack of services -- to help define your needs as a person with a disability living in our communities.

Besides taking a step to have truly appropriate services considered, participants will receive a light meal on the day of the focus group. The first group will meet beginning at 6 p.m. on Monday, Oct. 17, for a maximum of two to three hours, at the ILGR office, 113 Main St., Suite 5, just west of Center Street, in Batavia. Materials will be offered in accessible formats, if needed.

Space is limited to 20 people and the first LGBTQ individuals to apply will participate. Please register soon! The second focus group will be scheduled subsequent to the first as need be.

For more information, and to sign up, call Donna Becker, at (858) 815-8501, ext. 411,* or email dbecker@wnyil.org with the subject line of “Focus Group." Please RSVP by Oct. 14. We look forward to your feedback to help us learn the services you are receiving and/or need.

The Western New York Independent Living Inc. family of agencies offers an expanding array of inclusive and affirming services to aid individuals with disabilities to take control of their own lives.

*This is the correct extension; the original press release provided by the agency included the wrong extension number and it subsequently asked for the correction.

Marlek E. Holmes, a convicted sex offender, is indicted for the crime of failure to register a change of address, a Class D felony. Holmes is accused of moving to 9 Gibson St. in the Town of Oakfield in March and failing to register his change of address with the NYS Division of Criminal Justice Services within 10 days as required by law. In Special Information filed in the indictment by District Attorney Lawrence Friedman, Holmes is accused of previously having been convicted of: (1) failing to report a change of address, a Class E felony, and (2) as a Level 3/Sexual Predator, failing to verify his address every 90 days, also a Class E felony, as required by law. The convictions were handed down on Dec. 5, 2011, in Genesee County Court.

Craig None McKenzie Jr., 19, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Rahmel Hakeem Thompson, 18, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.