When I was out there today, I liked this early-fall-day scene I spotted across the road from Byron-Bergen School.

BTW: Byron-Bergen is hosting a first-ever Friday night football game tonight. It's a big local football night. Batavia HS has its homecoming and the 5-0 Le Roy team meets 5-0 Bishop Kearney in a homecoming game. (I'll be in Le Roy).

Assemblyman Steve Hawley and John Jakubowski, a workforce development consultant for Genesee County Economic Development Center, spoke to students at the WNY Tech Academy at Byron-Bergen High School this afternoon.

Hawley spoke about how he works in Albany to help get legislation passed and drum up support for projects such as the Genesee Valley Agri-Business Park and WNY STAMP.

Cooperation and relationship building is a big part of the job, he said.

"Communication is the key to getting anything done," Hawley said. "It doesn't matter whether it's texting, whether it's e-mailing, whether it's on the phone, but the best sort of communication is what we're doing here today, looking at each other, eyeball-to-eyeball. You know who I am now. I know who you guys are."

Jakubowski, a retired educator, told students about how he uses his expertise to create job-training programs so the companies coming into the Ag Park and STAMP have a local workforce of job-ready applicants when they open their doors.

Press release:

The New York Office of the Attorney General has awarded the Batavia Police Department with grant funds from the Community Overdose Prevention Program enabling select first responders from both the fire and police department to receive naloxone kits and training for administering the life-saving medication.

Also known as Narcan, naloxone is a medication administered by nasal spray to an individual who has overdosed on opioids (synthetic substances that mimic the narcotic effect of opium, from which heroin is derived). Naloxone works by temporarily reversing the effects of the opioid, whether illicit or prescription, allowing the individual to regain consciousness and resume normal breathing.

The kits cost approximately $60 each, and Batavia has received a grant of $720 to purchase kits for 12 first responders.

In addition, the Community Overdose Prevention Program has dedicated $5 million in funds seized as crime proceeds from joint federal and state criminal investigations to fund the purchase of a naloxone kit for every sworn officer in the state that might encounter an acute opioid overdose in the line of duty.

While City of Batavia first responders have received the commitment from the Attorney General’s Office, the kits still need to be ordered and training needs to take place. Each kit consists of a zip bag or pouch containing: two vials of naloxone; two mucosal atomization devices for nasal administration; one pair of latex gloves; and a booklet on the use of naloxone.

Training on the use of the naloxone will be conducted by the City of Batavia Fire Department.

“We are fortunate to have had a number of individuals trained to both administer naloxone and train others to administer the drug,” said City of Batavia Fire Chief Jim Maxwell. “We are thrilled to be partnering with the Batavia police to offer a service that has already seen more than 1,000 successful overdose reversals in New York State.”

According to the federal Centers for Disease Control and Prevention, someone dies every 19 minutes from a drug overdose, and nearly three out of four prescription drug overdoses are caused by prescription painkillers. When prescription medication is no longer available, individuals often turn to illicit drugs, such as heroin.

“While we are certainly not seeing the use of heroin at the epidemic proportions of many communities, heroin and other opioids are here in Batavia,” said City of Batavia Police Chief Shawn Heubusch. “A key deterrent to opioid use, as with all drugs, is education and relentless attention.

“It’s difficult to keep up with trends among teens,” adds Heubusch, “but the ever-expanding choices among the synthetic drug market are something parents must pay attention to.”

According to Heubusch, one of the current top choices among teens is the drug "Cloud 9," an opioid that can be purchased over the Internet and looks just like an over-the-counter bottle of eye drops.

Batavia High School Principal Scott Wilson supports Chief Heubusch’s assessment of the strong need to educate the public on the constantly changing drug trends and ways to maintain vigilance. Wilson is holding a community roundtable designed to educate the community and provide information about the many resources available for both prevention and rehabilitation. The roundtable event, entitled “Community Awareness: Vaporizers, E-cigarettes and Their Use,” will take place at 6 p.m. on Oct. 15 in the Batavia High School Library.

“From a school administrator’s position, we cannot bury our heads in the sand and claim to be diligent about monitoring our kids’ activities and behaviors,” says Wilson, emphasizing that the school district wants to make sure all community members are armed with the most updated and accurate information available.

“I’ve had well-meaning parents share with me that they’ve purchased a vaporizer for their child, because they believe it’s safer than cigarettes,” Wilson said. “What parents don’t know is that the synthetic drugs that go into these vaporizers are very different. These drugs are not regulated and users face sometimes dire, unintended consequences.”

The Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) will bring samples of legally purchased -- but uncontrolled -- opioids to the roundtable and review the most effective preventative measures. The Batavia Police, Genesee County Sheriff and City of Batavia Fire Department will also be on hand to share information and answer questions.

“We’ve seen an increase in opiate addictions in both Genesee and Orleans counties; Providing our City police and fire professionals with the naloxone kits will save lives," said Pamela LaGrou, GCASA Communications/Development director, who has seen giant steps taken to respond to this increase all over the state.

LaGrou also places a strong emphasis on education: “heroin and other opioid drugs are easy accessible, relatively inexpensive and can be highly addictive.” LaGrou recommends the Web site www.combatheroin.ny.gov as one of the best sites available for public education. Links to that site can also be found at GCASA’s Web site at www.gcasa.net.

Karen L. Soccio, 52, of Batavia, is charged with criminal sale of a controlled substance, 5th, and Anthony P. Sgroi, 49, of Warsaw, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in original container and possession of untaxed cigarettes. State Police report that a trooper putting gas in his patrol vehicle observed an individual on Park Road who was handling a small quantity of pills. Upon investigation, the trooper determined the pills were tramadol, a controlled substance. Sgroi was placed in custody and was allegedly found to possess clonazepam, also a controlled substance, and about 1,000 un-stamped cigarettes. With further investigation, Soccio was found to be Sgroi's alleged supplier. Sgroi was jailed on $5,000 bail. No word on Soccio's bail or if she was released.

Lawrence G. Merritt, 52, of Batavia, is charged with petit larceny. Merritt is accused of taking a bicycle that was on display in the store and attempting to exchange the un-purchased bike at the service desk for cash, using a receipt from an earlier bike purchase.

Lawrence Charles Vanocker, 45, of East Street, Gainsville, is charged with petit larceny. Vanocker is accused of stealing $183.87 in merchandise from Walmart.

Another business in Batavia has reported a force-entry burglary, but since the business was closed a few days, the owner can't say whether it happened last night or the same night as four other area businesses were broken into.

Travis Farewell, owner of Sweet Pea's Cupcakery Cafe on Jackson Street, confirmed that a burglar broke open his register and stole cash. He also said the Habitat for Humanity donation box was broken and all of the money in it was stolen.

Det. Todd Crossett confirmed a crime report was taken, but said no other businesses have come forward.

Yesterday, we reported that Salvania's, just a few doors down from Sweet Pea's, was broken into and cash was taken. Three other businesses in the city also showed signs of forced entry, but nothing was reported stolen.

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Press release:

The Batavia Police Department and other law enforcement agencies throughout the county, have been receiving reports of unlocked vehicles being entered and property being taken. These incidents have occurred over the last several months.

We would like to remind citizens to secure their vehicle’s, and other valuable property, at all times to help prevent these types of larcenies from occurring.

Citizens with information pertaining to these incidents which have occurred in the City of Batavia, are asked to contact the Batavia Police Department at 585-345-6350. Information can also be provided by calling the Batavia Police Confidential Tip Line at 585-345-6370 or by accessing the Batavia Police Department’s Web site and making use of the Suspicious Activity reporting link.

It ain't nothin' but a party, Frank Stanton told the Genesee County Planning Board on Thursday evening in his second attempt to win approval for a special-use permit to host mudding events on his seven-acre property in Bethany.

"This is not a business," Stanton said. "It's a party. It's just a bunch of people getting together and having fun. That's all it is."

Planners recommended disapproval of his permit and didn't offer much encouragement for him to try again.

After a meeting two weeks ago, where planners were much more receptive to his proposal but told Stanton he needed a more formal plan before they could approve it, a pair of nearby Bethany residents wrote the planning board and raised objections to these mudding events.

Robert Reyes and Elaine Shell contend Stanton operates his mudding events as a business.

There's a Facebook page with 700 likes. The events are listed on at least two mudding event Web sites. They suggest it's not just friends showing up to run their trucks in the mud.

"Whether it's a trick of acoustics, with him being in a 'dip', we don't know, but the noise level at and in our home is awful," the couple wrote. "Most of the trucks running are modified with high revving engines, have no mufflers, and are extremely loud."

While Stanton tried to assure planners that there are never more than a couple hundred people at a time on his property at 9832 Bethany Center Road, Reyes and Shell argued that as many as 400 people might be on the property at one time and are concerned that Stanton wants the events to grow even bigger.

Stanton said they can't get any bigger because he'll never be able to buy adjoining property since it's currently owned by a large and successful dairy operation. He said he doesn't make any money off the events. There are no prizes, no awards, nothing that would make these commercial events.

"This will probably fizzle out in five or six years as my kids get bigger and things change," Stanton said.

The vote recommending disapproval was 6-0.

Developers want to bring both a Tim Horton's and a Dunkin' Donuts to Le Roy, and at locations that are so close to each other even E.J. Manuel could accurately toss a football from one drive-thru to the other and hit his intended target.

But that isn't what bothered Genesee County Planning Board members about the proposed Tim Horton's location.

They were concerned about traffic congestion caused by the restaurant drive-thru being so close to gas pumps already on the Mother Goose store property.

While Dunkin' Donuts -- which was only making a sign modification to its previously approved site plan -- got an easy, unanimous approval, the developer of the proposed Tim Horton's walked out of the meeting with no recommendation from the board.

That's better than a recommended disapproval, which raises the bar for the Town of Le Roy Planning Board approval. A no recommendation means the Tim Horton's plan can be approved by the town on a simple majority vote, instead of a majority-plus-one vote.

JFJ Holdings, of North Andover, Ma., is planning to build a Dunkin' Donuts at 125 W. Main St., which is across the street from the Yellow Goose Market and Gas Station.

The market is owned by Dave Tufts, who wants to add a Tim Horton's drive-thru to the west end of his building. Cars would enter from the north and exit to the south.

And at the south end of his property are gas pumps, and that is what concerns planners.

One or two cars queued up for gas could potentially block the drive-thru exit, plus there would be pedestrian traffic going in and out of the store.

Tufts and Dan Blamowski, with Tim Horton's, tried to assure planners that there would be no traffic congestion, but the argument wasn't persuasive enough.

On a night when the planning board was short a couple of members, the 4-2 vote for approval of the plan was one vote shy of the necessary five for approval.

Country star John Michael Montgomery plays Frost Ridge tomorrow night.

Montgomery's gig is one of two originally scheduled for the summer that were moved to October as a result of a pair of lawsuits pending against Frost Ridge.

At the beginning of the concert season, Judge Robert C. Noonan barred live music shows at the venue, but as legal manuvuers played out, Noonan lifted his order pending further proceedings.

The case is still pending, the shows will go on.

Jason Michael Carroll headlines Oct. 25.

For more information visit TheRidgeNY.com.

A hit-and-run driver damaged a sign at First Niagara Bank at 2:46 p.m., Sept. 26, and Batavia PD is asking for the public's help in identifying the driver.

The car reportedly sped through the ATM lane at the First Niagara branch on Court Street and struck a bank sign and continued without stopping.

The gold Chevrolet Impala likely sustained damage to the driver-side front fender.  

The driver is described as an older female.

If you have information that may assist in the investigation, contact Officer James DeFreze at (585) 345-6350.

A rollover accident is reported on the eastbound Thruway at mile marker 382.4. Le Roy fire and ambulance are responding.

UPDATE 5:22 a.m.: Le Roy medics have just arrived at Strong Memorial Hospital with one patient.

Classic Batavia home on awesome street and super location! This grand and solid 4/5 bedroom home has something for everyone -- curb appeal galore, spacious layout, beautiful hardwood floors and woodwork, wide and stately staircase, kitchen with pantry, and two great enclosed back porches overlooking pretty and private backyard.Although home is grand with 2600+ sq ft. it's actually quite homey! With full walkup attic, nooks and crannies, and full wall of built-in drawers and linen cupboards there is no lack of storage! This is a real charmer and home that makes memories! NOW $149,900! Call today for your private showing 585-344-HOME!

The Batavia Chess Club has attracted 45 members since Kevin Larsen started it about a year ago, but onyl a handful show up any given night of matches, Larson said.

The club meets at the Richmond Memorial Library every Thursday from 6 to 8:30 p.m. and new members are always welcome. They'll even teach you how to play chess if you don't know how.

Larsen (on the right, second photo) funded the game boards and time clocks out of his own pocket. There are  no dues for membership in the club.

For more about the club, visit bataviachess.org.

Previously: Batavia man and library present 'Batavia Community Chess Club'

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."

Enough robbing Peter to pay Paul. Maybe its time to send a little cash back Peter's way, county legislators suggested during a budget session Wednesday afternoon.

County Manager Jay Gsell's early-stage draft budget calls for a reduction of the county's property tax rate from $10.04 to $9.85 per thousand.

After years of diverting sales tax revenue to balance the general fund budget, maybe the county should replenish the "1-percent fund," Legislator Bob Bausch suggested, followed by words of agreement from legislators Ed DeJaneiro and Frank Ferrando.

The 1-percent fund was created following an increase in the county's share of the sales tax in 1996 to help fund the county court complex.

From that point forward, that 1 percent cut of sales tax was supposed to go to a capital reserve fund -- money in the bank for roads, bridges and other infrastructure.

But in recent years, as a stagnant economy caused tax revenue to sag and out-of-control state mandates put unrelenting pressure on the county's ability to fund basic programs, a portion of that 1-percent fund has been diverted into the general fund.

Meanwhile, roads and bridges continue to age and deteriorate.

"If we have some more money this year, I would kind of like to see that replenished and do some more capital projects, because as the residents of the county know, between the highways, bridges and roof and general capital budget items, we have fallen somewhat behind," Bausch said. "...if at all possible, I would like to see us address some of those issues if we have some extra revenue."

Through the typical budget process, department managers from throughout the county submitted their funding requests for 2015. 

Requested spending topped $27 million, which would have required a tax rate of $9.96 per thousand of assessed property value.

Gsell made cuts and reduced the recommended levy to $26.8 million, requiring a tax rate of $9.85.

The reduction in proposed spending is possible, Gsell said, because of sound fiscal management over the past 20 years, negligible staff growth the past couple of years, and the state capping how much it expects the county to contribute each year to mandated programs.

Mandates still eat up 82 percent of the county's revenue, but at least the figure isn't growing the way it has in years past.

"The state has capped Medicaid at $9.9 million, and that's great, but in every other state but one, counties don't pay anything for Medicaid," Gsell said. "If I could take $9.9 million and tell the State of New York, 'you pay for Medicaid, you control the program, you write the rules, you tell us (what) we can't do as far as reforming a local version that doesn't exist,' then I could say our tax rate goes down by 38 percent. It's not going to happen, at least (not) the way the State of New York is thinking at this point."

With less spending pressure on the county budget, though, Bausch and other legislators are saying, let's review capital funds a little further.

"We can't keep telling people your bridges are going to fall down, but we're going to cut your taxes," Bausch said.

DeJaneiro said he knows it's not an issue in his district (a portion of the City of Batavia), but he knows there's been an issue elsewhere with school buses and fire trucks being unable to pass over bridges because of structural deficiencies. Andrew Young and Bausch both said those have been issues in their parts of the county.

"Bridges are reality and people not getting an ambulance on time or a fire truck on time because of a bridge is something we should be concerned about," DeJaneiro said.

Ferrando agreed with the general sentiment.

"We should replenish the fund when we have a year where we have an opportunity," Ferrando said. "We should consider it."

Gsell was asked to prepare a report on the fund and provide more information to the Legislature.

Also discussed during the budget session was female prisoner transport. It's an expense that is continuing to rise and also takes a deputy or two off patrol at a time.

Gsell said options including having corrections officers transport female inmates, or hiring a private contractor who can provide licensed and bonded security officers for transport.

A few years ago, the Sheriff's Office would have seven or eight female inmates housed at the jails in Orleans, Wyoming or Monroe counties. Now there are 19 or 20 women in the county's inmate population at any one time, all needing transport occasionally to and from the county for court appearances or meetings with attorneys. But adding to the cost burden is the fact that some inmates are now housed as far away as Allegheny County and Wayne County.

Because of behavioral issues, certain inmates are no longer accepted by closer, neighboring counties.

Nothing was settled Wednesday on how to resolve the issue.

Two older German shepherds were found on Galloway Road in the Batavia/Oakfield area. One male and one female. Very friendly and calm. Contact DJ at 585.509.3943.

Cordyn C. Mack, 25, of Wood Street, Batavia, is charged with unlawful imprisonment, 2nd, endangering the welfare of a child, and second-degree harassment. On Oct. 8, Mack was involved in a domestic disturbance that was physical with a female who resides with him. Mack allegedly refused to allow the victim to leave the residence with her infant, and then struck the victim in the face with an open hand while she still had her child in her arms. Mack was arraigned in city court and released under supervision of Genesee Justice. The incident was investigated by Batavia Police officer Frank Klimjack, assisted by officer Mitchell Cowen.

Delwin D. Robinson, 33, of Lake Road, Pavilion, was arrested on Oct. 8, 2014 by the Le Roy Police Department and charged with unlawful possession of marijuana. Robinson was a passenger in a vehicle which was stopped for alleged vehicle and traffic violations. After a brief investigation, Robinson was allegedly found in possession of marijuana. Robinson was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on Nov. 17.

Buffalo News: Bills history is made as Terry, Kim Pegula become new owners