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Former Oakfield FD treasurer ordered to pay $16K in restitution

By Howard B. Owens

Press release from State Comptroller's Office:

Former Oakfield Fire Department treasurer Samantha Hilchey was ordered to pay $16,281 in restitution at her sentencing Monday in Oakfield Town Court. Hilchey created direct withdrawals from the department's account to pay her National Grid, Verizon Wireless and other personal bills before her thefts were revealed by an audit and investigation by the office of New York State Comptroller Thomas P. DiNapoli.

"Ms. Hilchey decided the public should subsidize not only her utility bills but also her K-Mart shopping," DiNapoli said. "Also disturbing is the unknown whereabouts of $4,340 in cash from a Mother's Day raffle. I thank Genesee County District Attorney Lawrence Friedman and the New York State Police for partnering with us to hold this individual accountable. I urge other fire departments to double check their books and increase their oversight to prevent similar abuses."

Hilchey, 31, of Batavia, was also sentenced to three years probation pursuant to her larceny conviction.

"The Genesee County District Attorney's Office thanks the Office of the Comptroller for its assistance and accounting expertise in the investigation and prosecution of this matter," Asst. District Attorney William Zickl said. "Investigations Director Stephanie Kelly and State Police Investigator Ron Wilson were instrumental in uncovering Ms. Hilchey's crime and making her accountable to the Oakfield Fire Department and the community."

The Comptroller's audit and investigation found that Hilchey stole $16,281 for personal use through a variety of bank or cash transactions in 2012 and 2013. The probe also found that $4,340 in cash from a Mother's Day raffle was unaccounted for.

The audit concluded that Hilchey was able to carry out the scheme because the Fire Department Board failed to establish proper internal controls such as requiring that transactions be properly recorded and that an annual audit of the treasurer's books be completed.

The Comptroller recommended that the Oakfield Fire Department:

* Audit and approve claims prior to payment and ensure that all disbursements are supported by vouchers;

* Review bank statements and cancelled checks monthly;

* Ensure that officials keep records of ticket sales and use of raffle funds; and

* Have the treasurer maintain accurate, complete and up-to-date accounting records that document all cash receipt and disbursement transactions.

In response to the audit, the Oakfield Fire Department Board of Directors thanked the Comptroller's Office, agreed with the findings, and promised to take corrective action along with additional safeguards. The Fire Department's response is included in the audit.

To read the audit, visit: http://osc.state.ny.us/localgov/audits/firedists/2015/oakfield.pdf

DiNapoli encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.state.ny.us, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 14th floor, 110 State St., Albany, NY 12236.

Council president fears city's $170K investment in improving Batavia at risk

By Howard B. Owens

In a sometimes testy discussion, Councilman Kris Doeringer wasn't the only official in Vibrant Batavia's corner during a budget workshop Monday night, but he was the most passionate.

He's not arguing, he said, for a bottomless well of money to fund the upstart community improvement group, just another year or two of seed money to ensure it can survive on its own.

"Two years ago, I said I wanted Vibrant Batavia to be self-funded, and I still believe that," said Doeringer (top photo).

The fact that the Centennial Committee, a subcommittee of Vibrant Batavia, was able to raise $125,000 for the city's 100th anniversary celebration is a sign Vibrant Batavia can flourish, but being only 18 months into the venture, and 12 of those months spent on Centennial fundraising, simply hasn't given the group enough time to establish itself, Doeringer said.

"You have to give us time for these things to happen," he said.

That doesn't seem likely to happen. At least five council members sound like they're ready to cut all funding.

John Deleo, Eugene Jankowski (bottom photo), Patti Pacino, Kathy Briggs and Rose Mary Christian all expressed outright opposition to continued funding or indicated they were leaning against further funding.

Vibrant Batavia is asking for $50,000 for 2015 and City Manager Jason Molino recommend an expenditure of $45,000.

The funds are channeled through RochesterWorks, a community organization group, which takes a 5-percent cut and pays for Leanna DiRisio to run Vibrant Batavia.

After the meeting, Council President Brooks Hawley said he feared, without funding, Vibrant Batavia would wither on the vine.

"I believe once that leadership is gone it disappears and there no more vibrant at all," Brooks said.

Adding up the $90,000 paid to consultants at czb to do a needs assessment for Batavia, and $80,000 already committed to Vibrant Batavia to help get it started, if it dies, Hawley acknowledged, that $170,000 investment to try and build a more vibrant future for Batavia goes down the drain.

"From that report that we did, the council spent a lot of money doing that, and they gave us recommendations on how we can improve our city," Hawley said. "That's where BDC came from, that's where Vibrant came from, that's why I don't want to cut the legs from underneath them, but I would like to see, Vibrant, like I said, not do a three-year contract, but do a year-by-year, look at it, gauge it and see. I would like to reduce the funds eventually so they're self-sufficient."

Leading the opposition to continued funding are Deleo, Briggs and Christian, with Jankowski and Pacino professing a degree of neutrality but asking skeptical and doubtful questions.

"The thing I get from my people when they come in is they all think it was great, but they say don't take the money out of my pocket to pay for it," Deleo said.

Briggs said, "They've done a wonderful job, but the taxpayers shouldn't have to pay for it. They don't have to want to pay for it. They want these people to be able to go on their own."

Christian said she's also hearing from constituents on the issue.

"I like Vibrant Batavia, but I've had too many calls and too many complaints," Christian said. "I don't want to give $50K for it and have it go to Rochester, too."

Jankowski said people are concerned about keeping up with the cost of living and therefore want to cut out government expenses.

"It's tough when raising kids," Jankowski said. "The cost of living increases, bills go up and they cut out something, whether it be cable TV or newspaper delivery. They cut what they can possibly cut. This is where people are coming from, those affected by this tax increase, proposed, are getting here and they're reacting emotionally to it and they're saying, 'Do we really need this $50,000 going here? Can't we offset my taxes and save me some money?' I think it's a legitimate question."

Pacino said she was just asking questions to help clarify how the money going to Vibrant Batavia was being spent.

"What are they doing with that money?" Pacino asked. "(Taxpayers) are not going to accept, 'well, it's all coming back to the community.' I believe that. I love this group, but I can't just say it's going back to the community."

Pierluigi Cipollone expressed support for Vibrant Batavia.

"This is an investment," Cipollone said. "It's an investment in our community. It's an investment in our people. Like Kris said, we're not going to see a dollar-for-dollar return on our investment. We're going to see a return in the form of more pride in the city. People cleaning up their streets a little better, helping out their neighbors. That's where the benefit comes from this. To look at this as a mere expense is missing the picture. You have to look at it as an investment in the community."

John Canale said he's heard from one constituent on this issue -- the only time, he said, a constituent has ever come forward on his or her own to express an opinion about anything. That constituent loves Vibrant Batavia, wants to see it continue, but believes funding should eventually be cut off and the group should make it on its own, he said.

In his defense of Vibrant Batavia, Doeringer didn't back down from the debate.

In response to questions by Jankowski and Pacino that seemed to indicate the only money coming back to the community was the money spent on block parties, Doeringer tried to make the case that 100 percent of the city's investment in Vibrant Batavia comes back to the community.

The salary for DiRiseo, though an administrative cost, is money that is being invested in the community, just as the administrative cost of paying council salaries is money invested in the community.

That led to the following exchange between Deleo and Doeringer, with the two council members talking over each other at times.

"Doesn't 5 percent go to RochesterWorks?" Deleo asked.

"Right, we're hiring them to send one of their employees to us."

"So we're down to 95 percent."

"We are paying for their expertise," Doeringer said over Deleo's comment. "We are paying for their training of their employee to benefit our community, so it's 100 percent of the money that comes back to the community."

Christian said she was making her plea to cut funding on behalf the middle class (which apparently includes people who make minimum wage).

"Basically, what you're forgetting is the middle class, and the middle class is really strapped and they really can't afford much more of anything," Christian said. "That's my concern. I mean these things are just out of control. I mean, the minimum wage around here is, what, $8.50 an hour or whatever. You're lucky if they make $30,000. We have all these increases and everything else and nobody has the concern it seems like for the middle class. I'm middle class. Don't you have any concern for me?"

Doeringer said he also was middle class, which prompted the start of a retort Doeringer didn't let Christian finish.

"I hardly think living on Naramore versus living --" with Doeringer cutting her off with a tart, "I don't live on Naramore."

Hawley would like to find a way to continue funding Vibrant Batavia so that the group can continue its work on behalf of the residents and business owners of the community, but he doesn't see funding as something that continues indefinately.

"I don't want to put a timetable on it," Hawley said. "At the most, this year and next year and then that would be it for me. I wouldn't vote in favor after that, but they've only been around for two years. I think City Council needs to invest in them for four years to make sure they have solid footing and go from there. I don't want to see them disappear at all because they do great things in our community."

Before the Vibrant Batavia discussion, Fire Chief Jim Maxwell and Police Chief Shawn Heubusch both discussed their budget requests.

The fire department proposed budget is $3.9 million, with: $2 million in base salaries; $125,000 in overtime; $139,390 in holiday hours; a $35,000 one-ton utility vehicle; $21,000 in professional development and training; a $549,190 contribution to the state retirement fund; and $188,430 for Social Security taxes.

The police budget is $4 million: $2.1 million for base salaries; $220,000 for overtime; $12,000 for the emergency response team overtime; $85,000 for holiday pay; $63,360 for two patrol vehicles; $61,000 for gas; $44,870 for uniforms and body armor; $19,000 for travel and training; $38,000 for new officer training; $539,980 for the state retirement fund; $194,340 for Social Security tax; and $434,610 for medical insurance.

Christian said she would rather see more money go to police.

"I myself would like to see more policemen," Christian said. "I really wanted to have more body cameras for our officers. It's really crazy out there. I don't know if you're familiar with the streets, but I am. I want you to know anything can happen at any time, but I really want them protected and the ability for us to know what's really going on out there."

UPDATE: Here's a breakdown of how the czb report was funded: $25,000 from a state grant for sustainable neighborhoods; $30,000 from a federal CDBG for community planning; $25,000 that came out of a housing loan program in the 1990s (income from that program); $7,000 from the city's 2010-11 budget, for a total of $87,000 -- plus $8,000 of staff time support of the consultants.

Law and Order: Man accused of hitting officer in face during arrest

By Howard B. Owens

Jon N. Roblee, 39, of Liberty Street, Batavia, is charged with resisting arrest, third-degree assault 3rd, and assault, 2nd. Roblee allegedly pulled the hair of another person, causing hair to be pulled out of that person's head and causing pain. He also allegedly punched the victim in the chest. He allegedly resisted arrest and struck an officer in the face, causing injury. Roblee was ordered held without bail.

Michael John Henry, 48, of Hutchins Street, Batavia, is charged with endangering the welfare of a child and criminal obstruction of breathing. Henry allegedly choked another person while in the presence of a child. An order of protection was issued.

Kevin J. Weber, 44, of Columbia Avenue, Batavia, is charged with criminal mischief. Weber allegedly damaged a door at a residence on Columbia Avenue during an argument. Weber was jailed on $2,500 bail.

Ryan L. Weber, 35, of North Lyon Street, is charged with operating a vehicle without valid inspection. Weber was arrested on a warrant for alleged failure to appear on the charge following a traffic stop.

Iroquois Trail Council of Boy Scouts honors volunteers

By Howard B. Owens

Press release:

At its Annual Volunteer Awards Dinner held Saturday, Jan. 31, the Iroquois Trail Council, Boy Scouts of America honored three volunteers with the council’s highest award, the Silver Beaver Award. Honorees are Donald H. Morris (Batavia), Linda J. Wohlers (Clarendon), and John G. Maier (Lockport).

The Silver Beaver is a National BSA award that recognizes distinguished service to local youth. Each recipient is a long-tenured volunteer who has also made significant contributions by way of service to his or her local community. Linda Wohlers’ 20-year scouting history includes a variety of roles including Tiger Leader, Den Leader, Webelos Leader, Cubmaster, Commissioner, and Committee Member. John Maier’s Scouting history includes current roles as a Cubmaster, Troop Committee Member and Merit Badge counselor. A former Webelos leader, he is also an active member of the camp promotions team, district training team, and commissioner staff. Donald Morris has served the whole family of scouting with exemplary dedication. Over the past 40-plus years he has been involved in Scouting with three different local councils: Finger Lakes, New York; Blue Grass Council, Kentucky; and most recently Iroquois Trail.

The council was itself recognized by the Boy Scouts of America with the 2014 Journey to Excellence Gold Award for program excellence.

Local Cub Scout and Boy Scout leaders were recognized for program excellence in the areas of advancement, camping, membership recruitment and retention, and helping Scouts to meet their funding needs.

Several youth members were also recognized. Cub Scout Tyler Mutka (Corfu) topped the list with Popcorn Sales of more than $4,200. The sale raises money for Scout programs, and also qualifies Tyler for a national college scholarship program. This is Tyler’s fourth year as top seller among Scouts in a five-county area. Other Scouts who will be inducted into the scholarship program are Cameron Kreger (Lockport) and Ethan Nelson (Avon).

The Iroquois Trail Council provides development, leadership, and life skills to more than 3,000 youth in Orleans, Niagara, Genesee, Wyoming, and Livingston counties. To contact the council or enroll, visit www.itcbsa.org or call 585-343-0307.

More information after the jump:

2015 Silver Beaver Honorees

Three volunteers were honored with the Council’s highest award, the Silver Beaver Award. Honorees are Linda J. Wohlers (Clarendon), John G. Maier (Rapids), and Donald H. Morris (Batavia). 

The Silver Beaver is a National BSA award presented by the local Council for distinguished service to youth. Each of this year’s recipients is a long-tenured volunteer who has also made significant contributions by way of service to his or her local community.

Linda Wohlers’ 20-year scouting history includes a variety of roles including Tiger Leader, Den Leader, Webelos Leader, Cubmaster, Commissioner, and Committee Member. Her experience and sure-handed leadership helped to ensure that the local Cub Scout program continued to thrive, even long after her own son had grown. As a testament to her effectiveness, the current Webelos leader had this to say: “…I knew that she would be a positive influence on our young son. Her demeanor and enthusiasm for Scouting influenced me to sign him up on the spot.” This leader’s admiration for our honoree has only grown over the past several years.

Beyond Local Scouting, she has served as a Unit Commissioner for more than a decade. In addition to providing coaching for her local pack and troop, as part of the commissioner team she helped to ease the transition when the district borders were realigned to create the Seneca District.

Outside of Scouting, she has played an active role in her community. At Disciples Methodist Church she has been a Youth Mentor, Sunday School Teacher, and a member of the Church Board. An active member of the Clarendon Historical Society, she has helped to coordinate several Eagle Scout and other Scouting service projects such as painting the "Old Schoolhouse" and other historic sites.

She is a past recipient of the Cubmaster Award, Den Leader Award, Commissioner Arrowhead, Commissioner’s Key, and Distinguished Commissioner Service Awards, as well as the District Award of Merit.

John Maier’s Scouting history includes current roles as a Cubmaster, Troop Committee Member and Merit Badge counselor. A former Webelos leader, he is also an active member of the camp promotions team, district training team, and commissioner staff. 

His passion and dedication to the Cub Scout program has helped to ensure that his pack has achieved more than 20 percent membership growth in each of the past three years, and is now the largest pack in Towpath District; this is especially notable since local school enrollment and overall Cub Scout membership has declined over that time. In addition to his local pack leadership, he stepped in to help with a neighboring town’s struggling Cub program, and served for more than two years as their mentor. That pack is now on a solid footing and growing in membership under its own trained leadership. His support for other packs helped him to be selected as a 2012 recipient of the Towpath District Award of Merit.

An avid outdoorsman and Geocaching enthusiast, he has been a member of the Allied Sportsmen of WNY for 15 years, and served as a Hunter Safety Instructor for 10 years. He has used those skills to benefit Scouting as well, first as the BB range officer for Towpath Day Camp, and more recently as Director for the Towpath Day Camp for the past three seasons as well as the upcoming summer season. He has routinely inspired more than 75 percent of his own pack to attend camp, and has also lent a hand as an indispensible member of the camp promotions team, using his infectious enthusiasm to help other packs to get their Cub Scouts to camp, all of which has helped the Iroquois Trail Council to lead the Northeast Region Area 3 councils in Cub Scout camping participation.

His son Nathan is now a 1st Class Scout and his grandson is a member of the Cub Scout pack. Together with his wife MaryLou, son Nathan, and daughters Amanda and Bonnie, our recipient is sure to remain a vital member of the local Scouting family for many years to come. 

Donald Morris has served the whole family of scouting with exemplary dedication. Over the past 40- plus years he has been involved in Scouting with three different local councils; Finger Lakes, New York; Blue Grass Council, Kentucky; and most recently Iroquois Trail.  His service includes tenure as a Scoutmaster, Troop Committee Member, Commissioner, Order of the Arrow Advisor, National Jamboree Scoutmaster and Commissioner, and coordinator or staff member for weekend events too numerous to mention here.

Currently a Unit Commissioner, he is also an active member of the "DeWalt Crew," helping with various camp improvement projects. Over the past several years, our Cub Scouts at Resident Camp and our 3 Day Camps have all benefitted from his handiwork, as he has taken on the majority of the prep work for camp crafts including shields, catapults, and other woodworking projects. 

His community service reaches well beyond Scouting. If you haven’t met him at camp, day camp, an Order of the Arrow activity or at a weekend event, it’s because he was either busy coordinating the Salvation Army Red Kettle drive or away from home together with his wife volunteering as a disaster relief worker after hurricanes and floods in Virginia, Florida, Texas, New York, or Alabama as part of the Salvation Army Disaster Team.

A member of the American Legion and active member of the Masonic Lodge, he also serves as a Trustee and Deacon of Batavia’s Emmanuel Baptist Church. In 2013 the Church recognized him with the Good Shepherd Religious Award.

A Wood Badge trained Scouter, he is a past recipient of the District Award of Merit, the Order of the Arrow Vigil Honor and Founders Award.

Iroquois Trail Council Celebrates Volunteer Service at Annual Dinner

At the January 31, 2015 Annual Awards Dinner the Iroquois Trail Council was pleased to recognize many individuals and units for their outstanding work to support our Scout youth.  

Thanks to the efforts of our 1,300 Scouting volunteers, the Council has much to celebrate.

  • The Council has earned the Gold Level 2014 National Journey to Excellence Award for service to youth and high program performance.
  • Local Youth Retention rates and market share lead all upstate New York BSA councils.
  • Summer Camp participation of local Cubs and Scouts leads all Upstate New York BSA councils.
  • Trained Volunteer Leader percentage has had a double-digit increase in the past two years.
  • Major investments in our camp properties continue to be fully privately funded.
  • The Council is financially sound with a balanced operating budget and capital budget.

Local Scouting Units were recognized in several categories:

Membership
Highest Youth Retention Rate - 2014 Charter Renewal 100% Pack 3023 Middleport

Highest Youth Retention Rate - 2014 Charter Renewal 90% Troop 4070 Geneseo
90% Troop 6066 Indian Falls

Largest Growth in Troop Membership Troop 4054 Castile

Largest Growth in Pack Membership Pack 3023 Middleport

Honorable Mention - Pack Growth of 10 or more youth Pack 4027 Caledonia
Pack 3067 Wilson
Pack 3018 Gasport
Pack 3071 Rapids

Advancement 

Highest Advancement Rate & Member Growth Troop 4748 Fillmore

Highest Advancement Rate & Member Growth Pack 3175 West Barre

Honorable Mention - High Advancement Rate Pack 3067 Wilson
Pack 3023 Middleport
Pack 3028 Medina

Camping
Highest Overall Percent Attendance at Summer Camps Pack 3004 Lockport

Highest Percent Attendance at Camp Dittmer Troop 28, Medina & Troop 6021, Le Roy

Highest Percent Attendance at Camp Sam Wood Pack 6650, Alexander & Pack 6066, Indian Falls

Honorable Mention - Overall Summer Camp Attendance > 90% Pack 3071, Rapids & 6069, Batavia

Popcorn Sales
Highest Average Sales per Youth Member: Pack 3004, Lockport with $490 per member
Troop 6067, Corfu with $507 per member
 

2014 marked the 8th consecutive year that Pack 3004 has set the pace for our youth members.

Pack 3004, Lockport also has the distinction of top sales of $22,000, which will go a long way to help them to fund an ideal year of Cub Scout program!
 
Pacesetters with the largest gain in sales: Pack 3006, Lockport; Pack 3071, Rapids; Pack 3062, Holley

High Sales Average Honorable Mention with sales of more than $300 per youth member:
Pack 3006, Lockport; Pack 3071, Rapids; Pack 6467, Pembroke; Pack 6069, Batavia

Webelos Scout Tyler Mutka (Pembroke Pack 6467) was recognized as our 2014 Top Popcorn Seller. Tyler’s sales of $4,238 have made him our top seller for four consecutive years. In addition to the dollars he raised for his Cub Scout program, Tyler is a member of the national “Trail’s End Scholarship Club.” A portion of his current and future sales will be invested by Trail’s End toward either college or technical education after high school.

14 local Scouts are now invested in the Trail’s End Scholarship Club. Cub Scout Ethan Nelson (Avon Pack 4026) and Cub Scout Cameron Kreger (Lockport Pack 3004) are newly enrolled in the scholarship program for their 2014 sales. Each had sales in excess of $2,500.


Friends of Scouting Pacesetters
Friends of Scouting Pacesetters: Pack 6019, Oakfield; 6017, Elba;
                                                                  Troop 6067, Corfu; 4054, Castile; 164, Albion

Veteran Scouters
Many Scouters were recognized with Veteran Awards for their long-tenured Scouting membership, including David Hawley (Warsaw) – 60 years; Ronald Schmidt (Batavia) – 30 years; Peter Scarborough (Gasport) – 20 years; Joy Costello (Nunda) – 5 years.  

Endowment – James E. West Awards
Council President Emeritus Dr. Thomas Madejski announced the upcoming launch of an Endowment Campaign. As a prelude to the campaign, Council President Robert Confer was pleased to recognize James Barrett with a James E. West Bronze award for an endowment gift in his honor. President Confer also presented Dr. Thomas and Sandra Madejski with the Gold Level James E. West award for their lead gift of $10,000 to the Endowment Fund. 

Thank you to Eagle Scout Spencer Cottman (Pavilion Troop 6016) for serving as emcee for the Awards Dinner.

Silver Beaver Awards
Three volunteers were honored with the Council’s highest award, the Silver Beaver Award. Honorees are Linda J. Wohlers (Clarendon), John G. Maier (Rapids), and Donald H. Morris (Batavia). 

The Silver Beaver is a National BSA award presented by the local Council for distinguished service to youth. Each of this year’s recipients is a long-tenured volunteer who has also made significant contributions by way of service to his or her local community. 

Linda Wohlers’ 20-year scouting history includes a variety of roles including Tiger Leader, Den Leader, Webelos Leader, Cubmaster, Commissioner, and Committee Member. 

John Maier’s Scouting history includes current roles as a Cubmaster, Troop Committee Member and Merit Badge counselor. A former Webelos leader, he is also an active member of the camp promotions team, district training team, and commissioner staff. 

Donald Morris has served the whole family of scouting with exemplary dedication. Over the past 40-plus years he has been involved in Scouting with three different local councils: Finger Lakes, New York; Blue Grass Council, Kentucky; and most recently Iroquois Trail.  

More detailed Scouting biographies are posted on the council Web site.

Hawley calls Thruway Authority dysfunctional after latest scandal

By Howard B. Owens

Press release from Assemblyman Steve Hawley:

“The news today regarding an investigation into employees of the New York State Thruway Authority allegedly using state-provided phones to arrange meetings with prostitutes is disturbing and speaks to the general dysfunction of the department. It’s repulsive to hear about abuses such as these permeating the leadership of such an important state-run organization. Many members of the Assembly have called out the Thruway Authority for failing to produce a financial plan to fund the repair of the Tappan Zee Bridge and keep tolls from skyrocketing and we are still waiting on a plan. Whether using taxpayer-funded resources to facilitate sex crimes or irresponsibly handling the finances of their own agency, the Thruway Authority continues to miserably fail New Yorkers.”

Photo: New rig for Mercy EMS designed for critical care emergencies

By Howard B. Owens

Mercy EMS, a division of Mercy Flight, will soon roll a new, bigger ambulance on the roads of Genesee County, according to General Manager Bill Schutt.

The new rig will be used in critical care situations, especially when Mercy Flight is unable to fly because of weather conditions or is otherwise unavailable.

The larger space inside, compared to the typical vans used for basic life support (BLS) and advanced life support (ALS), is needed in critical care situations, Schutt said.

The ambulance is also designed to better handle larger patients.

Photo: Oakfield water tower on a winter day

By Howard B. Owens

This morning, the new Oakfield water tower stood out against the gray, winter sky.

The snowstorm has passed, but a couple of flurries this evening are possible.

It's cold, though, and only going to get colder.

There is a wind chill advisory in effect from 7 p.m. through 10 a.m.

Winds will average 10 mph, creating wind-chill values of 15 to 20 degrees below zero.

There is a greater risk of frostbite and hypothermia, so appropriate dress and caution is advised.

Law and Order: Women accused of forging and cashing benefits check

By Howard B. Owens

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and conspiracy, 5th. Bush allegedly forged the signature of another person on a check issued by DSS. Bush allegedly conspired with another person in the forgery.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with possession of a forged instrument, 2nd, conspiracy, 5th, and petit larceny. Mayl allegedly possessed and cashed a check issued to another person by DSS. Mayl allegedly conspired with another person in the scheme.

Jessica Leeann Bovier, 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding (59 in a 45 mph zone). A 17-year-old passenger resident of Genesee Street, Pembroke, was also charged with unlawful possession of marijuana. Bovier was stopped at 12:13 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Byron R. Lee, 48, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an attempted petit larceny charge. Lee turned himself in and posted $150 bail.

Sarah M. Wilson, 30, of Hutchins Street, Batavia, is charged with harassment, 2nd, two counts of reckless endangerment and one count of endangering the welfare of a child. While a passenger in a moving vehicle, Wilson allegedly hit the driver in the face. A 3-month-old child was in the vehicle at the time of the alleged incident. Wilson was jailed on $1,000 bail.

Christina A.M. Deluna, 34, of Liberty Street, Batavia, was arrested for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd. Deluna was taken into custody at the Monroe County Jail. Following arraignment, Deluna was released on her own recognizance. 

Jordan M. Briggs, 27, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Briggs was allegedly in an establishment on West Main Street after being told to leave. He allegedly struck another person while being escorted from the property. 

Steven A. Hill, 44, of Star Street, Medina, is charged with criminal contempt, 2nd. Hill turned himself in on a warrant. He allegedly left a voice mail on the phone of a person who was protected by court order. 

Heather Lynn Draper, 25, of East Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Draper turned herself in and was released on her own recognizance.

Brian K. Laird, 20, of Wallace Street, Batavia, is charged with criminal trespass, 2nd. Laird allegedly entered a location on Oak Street through a window after being told he was no longer welcome at that location.

Jessica M. Pfenninger, 32, of Batavia, is charged with petit larceny. Pfenninger is accused of stealing from Kmart.

Matthew M. Mahaney, 33, of Corfu, is charged with DWI. Mahaney was stopped by State Police at 10:19 p.m. Thursday on Knapp Road, Pembroke.

Closing, cancellations and delays for Monday, Feb. 2.

By Howard B. Owens

Closing, cancellations and delays for Monday, Feb. 2.

  • Batavia City Schools
  • Oakfield-Alabama, with this message: "Please note that we had already used all of our snow days for the 2014-15 school year. This closing means that February 18th will no longer be a day off, but a day of attendance for all students, faculty and staff. Please note this change on your calendar and stay safe and warm today."
  • Love Bugs Preschool in Le Roy
  • Pembroke Family Medicine
  • Maya Yoga Studio
  • GCASA in Batavia and Albion, until 4 p.m. (UPDATE: Groups for Monday night cancelled.)
  • Alexander Central School
  • Attica Central School
  • Byron-Bergen Central School
  • Elba Central School
  • GCC delayed (check school's Web site)
  • BOCES
  • Le Roy Central School
  • Notre Dame
  • Pavilion Central School
  • Pembroke Central School
  • St. Joe's
  • The Batavia Youth Center will be closed today due to the inclement weather.
    The center will reopen tomorrow at 2:30-8 p.m. for youth 10-18 years of age.
    Any questions please call 345-6420
  • All Monday classes at Blue Pearl Yoga
  • Byron Town Court's 5 p.m. session is cancelled.

E-mail closing and cancellations to howard@thebatavian.com

Winter storm warning in effect for Sunday and Monday

By Howard B. Owens

The previous winter storm watch is now a winter storm warning.

The National Weather Service is forecasting an inch or two of snow in the morning, another four to six inches Sunday night, two to four inches Monday, with storm totals of seven to 12 inches.

The most intense period of snow is predicted for Sunday night into Monday morning. 

Winds could be 15 to 20 mph, causing areas of blowing and drifting snow. 

Visibility could be down to a quarter of a mile at times. 

Hazardous travel conditions are expected.

CORRECTION: We initially transposed the words. The watch became a warning. 

Winter storm watch issued for Sunday through Monday afternoons

By Howard B. Owens

Up to seven inches of snow is possible tomorrow afternoon through Monday, according to the National Weather Service.

A winter storm watch has been issued from Sunday afternoon through Monday afternoon.

Blowing snow is possible. Travel could be difficult.

Forecast confidence is medium.

New mobile app: We ask the questions, you win the prizes, get the special offers

By Howard B. Owens

In our neverending quest to help local residents connect more easily with local merchants, we're launching a new mobile app called Reacht.

 

Click here for the iOS version.

Click here for the Android version.

Reacht is a fun, interactive way for people to share their opinions on a variety of topics, from politics to baseball, world events to music, hot-button controversies to the amusing topics of society. Participants will also receive unique and special offers from local merchants -- and some national merchants -- tailored to their interests.

We promise you won't get bombarded with a string of daily notifications, but the app uses your smartphone's notification service to ask you poll questions and send you offers.

We will use this app in conjunction with our current daily poll, but we'll also fashion special, mobile-only polls.

There will also be prizes you can win for participating.

The app is free.

Our kick-off next week is being sponsored by Southside Deli. Those who download the app and respond to the second poll question of the day on the app will be eligible to win a $5 gift certificate (we'll give away at least 80 of them over the first two weeks) to Southside Deli.

We're working on obtaining other prizes. (Local businesses, want to participate? Contact me or Lisa Ace at (585) 250-4118.)

Grand Jury Report: Man accused of choking 10-year-old child

By Howard B. Owens

Daniel J. Saeva Sr., is indicted on one count of second-degree strangulation and three counts of endangering the welfare of a child. Saeva is accused of intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck, causing stupor or loss of consciousness. Saeva allegedly choked a 10-year-old child Dec. 12 in the City of Batavia.

Joseph R. Kress is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kress was allegedly driving drunk Sep. 1 in the Village of Corfu. He's accused of having a prior DWI conviction in January, 2011.

Eric L. Jamalkowski is indicted on counts of aggravated unlicensed operation, 1st degree, and bail jumping. Jamalkowski is accused of driving March 22 in the Town of Le Roy while knowing his driving privileges were suspended or revoked. He allegedly had 10 suspensions on his license at the time going back to 2007. Upon his arrest March 22, Jamalkowski was released from custody and allegedly failed to appear for a subsequent court date.

Rion J. Pawlak is indicted on four counts of falsifying business records, 1st, and two counts of petit larceny. Pawlak is accused of submitting false claims for reimbursement on business-related purchase to his employer in the Town of Le Roy on four separate occasions in the amounts of $78.30, $57.30, $102 and $98.76. He's also accused of stealing an umbrella.

Coach Pero honored prior to Notre Dame girls basketball game

By Howard B. Owens

Former players, such as Laurie Call, above, and his son, Dave Pero Jr., paid tribute Friday night to Notre Dame girls head basketball Coach Dave Pero Sr. prior to the team's game against Holly.

Pero hasn't announced his retirement, but there's a suspicion that this will be his final season, so Pero Jr., wanted to have a ceremony to honor his father, whose teams have won four sectional titles and a state championship.

Pero said he hasn't decided whether to return next season. Right now, he's focused on getting his team through another postseason, which starts in a couple of weeks. "Whatever I decide, it will be best for everybody involved," he said.

Redband sets new school mark for single-game scoring as Batavia rolls over Irondequoit 71-49

By Howard B. Owens

A 10-2 team, a 9-1 team, expectations were high going into Friday night's matchup of Batavia and Irondequoit for an exciting game.

But fans got a different kind of thrill as the Blue Devil's leading scorer topped all of his previous bests and set a new school record with 51 points in the game as Batavia dusted Irondequoit 71-49.

The previous single-game scoring record for Batavia was set by Tom Hoitink at 45 in 1965.

Batavia led wire-to-wire, making the game a bit of a snoozer but for Redband's heroics.

Redband recorded a double-double, pulling down 14 rebounds to go with his 51 points. He was an astonishing 15-15 from the foul line and made six of his 12 three-point attempts. On field goals, he was 15-16. He also blocked a shot, had three steals and three assists.

No other Batavia player was in double digits in any other offensive or defensive category.

Jared Laskett hit three three-pointers to finish with nine points on the night. 

The win makes the Blue Devils 11-2 on the season.

Deputy says he's leaving satisified after 21-year law enforcement career

By Howard B. Owens

The best way to describe John Duyssen's decision to retire after 21 years as a deputy sheriff is, it's just time.

That's what he said in an interview Friday, his last day of duty, "It's time."

In law enforcement, you're always on the edge, more so in today's environment. The death of his friend and fellow Le Royan Frank Bordonaro weighed on Duyssen, a father to five adopted children. As a member of the crash management team, he's seen enough mangled and battered bodies. The son and brother of farmers, he has his own spread on Bater Road to run. The Le Roy School District can use him as a bus driver and that seems like a good route to take at this juncture in his life.

It's just time.

"I've had a great career," Duyssen said. "I'm leaving happy. I'm not disgruntled. I'm at the top of my game. The Sheriff just gave me an awesome award here the other day. That was kind of cool because it was almost like a career wrapper. "

The best part of the job, Duyssen said, was seeing justice work. He takes a lot of satisfaction in the confessions he's obtained and the convictions of people who did bad things to his friends and neighbors.

Mostly working the east side of the county, he gave his personal cell phone number out to hundreds of people. They called him with their complaints and when appropriate he opened cases.

One such case was a series of thefts of timber from several property owners in the Le Roy area in 2010.

The investigation took more than a year. It involved several victims, including older residents and farmers and landowners who simply enjoyed the park-like settings of their property.  

Duyssen made arrests and defendants eventually entered guilty pleas.

"When you work a case hard and you see it to the end, and see the people who were stolen from, defrauded, to see them get justice, is my biggest thing," Duyssen said.

Law enforcement, however, isn't without its dangers. Living on the edge takes its toll, even physically, Duyssen said.

"You don't know what you're pulling up on," Duyssen said. "Last year when that one guy attacked us in Pavilion, we didn't know what to expect. He was huge. I had a recruit with me, brand new, out of the academy, and he came right at us. We won, but when you've got a guy that has arms that big around and he's way bigger than me and you're not prepared for it, the door comes open and he comes flying at you, yeah, you're adrenaline goes through an adrenaline rush."

One of Duyssen's duties the past several years was leading the investigations on many fatal accidents. It's a matter of science and mathematics to reconstruct a scene, but you're also dealing with the human costs, the dead bodies and their friends and relatives. 

"I can remember, as I drive around the county and see the crosses, the memorials from fatal accidents," Duyssen said. "All the guys who have to work these cases, the community doesn't know the carnage that a deputy, trooper, police officer sees throughout 20 some years. You can remember smells, sights, sounds, and you can relive that.

"So I know what PTSD is all about. In the crash world, to use the science and the evidence and translate that to reconstruct a scene, to see that those who are physically wrong, if it's a DWI manslaughter case, and justice serves, there's nothing better."

Never, Duyssen said, are these accidents really accidents.

They're collisions.

"An accident is if you or I spill our coffee or milk," Duyssen said. "A car crash is either reckless, careless or negligent."

Drugs, drink, not enough sleep, speed, distracted driving, are all choices.

"I've seen some of these little kids tear me up," Duyssen said. "You just say, 'why?' and that's why it's time. I've seen enough. I've done enough. It's time for another, younger guy to take over."

A decade ago, Duyssen received the Carl Drexler Award, one of the highest honors in the state for a deputy sheriff for exceptional career achievements and conscientious devotion to duty. Both Duyssen and Sheriff Gary Maha mentioned at the awards ceremony memorable moments in the deputy's career.

One of the things that made Duyssen an exception deputy, Maha said, was his ability to relate to people. He was so good at getting suspects to talk and even confess, that Maha said he would have made a great detective.

"He had a lot of common sense and sometimes that makes a big difference in an officer," Maha said.

Yup, Duyssen, said, he could always talk with people.

"Law enforcement doesn't mean you have to be the biggest Hulk Hogan guy to enforce the law," Duyssen said. "I'm definitely not the biggest guy. My biggest asset is talking with people and solving things that way. If you treat people nice, they reciprocate I think, and they'll tell you want they did wrong. How do we get confessions? By treating people the right way. You know that hard-ass cop stuff just doesn't work."

More than once, Chief Deputy Jerome Brewster would remind him, "Just go out and talk, John," Duyssen said. "Talk to them."

"So, you head back out, things start rolling and next thing you know, you hand them a pen and a piece of paper and tell them, 'why don't you just tell me what happened?' " Duyssen said. He smiled, mimicked writing on a piece of paper, and added, "Five pages was the last one."

John and his wife, Jessica, decided to go the adoption route to start a family, and one adopted son encouraged them to try a second, then a third and finally a fourth and fifth.

They are Jonah, 17, Colt, 17, Julian, 13, Miranda, 6, and Jaden, 5.

All are homeschooled, though Jonah and Colt started at Le Roy High School this year, their senior year. Jonah is playing his first year of varsity basketball and will attend Bible Baptist College in Scranton, Pa., next year, where he plans to continue pursuing his hoop dreams. Colt is a wrestler and soccer player.

With more time for the farm, Jonah might get that second hog barn he wants and John will add some beef cattle. They'll continue to grow and sell their famous strawberries and raspberries.

And John will drive a school bus, working a morning shift, coming home to do chores and then heading back to the bus garage to start a round of afternoon drop-offs.

That's how John Duyssen will spend his time.

At shift change Friday afternoon, Sheriff Gary Maha presented John Duyssen with a Certificate of Appreciation and a keepsake retired deputy badge and ID.

Deputy John Duyssen signs off as GS-33 for the last time.

Holland Land Office Museum celebrating 200 years of its historic building

By Howard B. Owens

The Holland Land Office Museum opens a new exhibit at 1:30 p.m., Saturday, to commemorate 200th anniversary of the building it calls home.

The building was the third location built by Joseph Ellicott for the Holland Land Office, where Ellicott and his agents sold property to Western New York's first settlers.

That's why they call it the "Birthplace of Western New York."

Some of those first deeds, called indentures, will be on display in the new exhibit, along with surveying material as well as other items that made the land office a land office.

The exhibit will cover the entire period of land office history, including the War of 1812 and the impact of the Erie Canel on WNY trade.

Some of the exhibits will be affixed to panels covered with carpet (the better to hold Velcro) donated by Max Pies Furniture.

There's also information on how John Kennedy, the local educator and education reformer, saved the building for Batavia when Henry Ford tried to buy it and move it to his property in Michigan.

The exhibit kicks off a series of bicentennial events, including in May the burying of a time capsule. 

Fifth-graders from throughout Genesee County are being invited to write letters to their future selves to be buried in the time capsule.  

Any local resident can include a letter or other small item in the time capsule. Call the museum at (585) 343-4727 for more information.

The museum was first dedicated Oct. 13, 1894, and it will be rededicated Oct. 13 of this year.

Photo: Jeff Donahue, museum director, Jim Owen, museum board member, Phil Pies and Steve Pies of Max Pies Furniture.

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