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Photo: Twin track stars get a tune up before leaving for 800 meter U.S. championship race

By Howard B. Owens

Chiropractor Thomas Mazurkiewicz invited me over to his office this afternoon to meet Nick and Josh Guarino.

The twins are graduates of Byron-Bergen High School and will compete this weekend in the U.S. Track and Field Championships in Des Moines, Iowa.

They qualified in a meet Saturday -- the last chance to qualify -- by running their personal best times in the 800 meter. Nick won the race with a time of 1:47.13 and Josh was third at 1:47.35.

At the U.S. Championships, there is a field of 37 runners competing for three spots on the U.S. team that will compete in Moscow at the world championships. There are 14 runners who qualified with faster times than Nick. The fastest qualifying time is Duane Solomon at 1:42.82.

"I probably don't have a shot at that (going to Moscow)," Nick said. "But my dream is to make the Olympic team or world championship team."

Mazurkiewicz is doing what he can to help. Mazurkiewicz explained that a slight hip misalignment can cost a world-class runner vital 10ths of a second, which can be the difference between winning a medal or being an also-ran.

Misalignment, he said, can also lead to injury.

There will be dozens of chiropractors tending to runners at the U.S. Championship, Josh said, but they were at Mazurkiewicz's office today for their pre-race treatment.

"Treating athletes is like fine tuning a car," Mazurkiewicz said. "Chiropractic adjustments give athletes a winning edge by giving them proper bio-mechanics, structure, increased range of motion along with proper posture and balance."

Photo: Ribbon cutting for inclusive playground at Kiwanis Park

By Howard B. Owens

Committee members who helped organize creation of the inclusive playground at Kiwanis Park in the Town of Batavia gathered with friends and supporters this evening for an official ribbon cutting to celebrate the opening of the new playground. Committee leader Anita Strollo said there's still work to be done and money to be raised for expanding the playground.

Alexander man enters guilty plea to charge of burglary related to an order of protection

By Howard B. Owens

Nicholas Antonucci, already in prison on convictions in Wyoming County and facing multiple felonies in Genesee County, entered a guilty plea today to one count of attempted burglary, 3rd.

The plea deal caps his potential sentence at two years to be served concurrently with his Wyoming County sentence.

In exchange, all other pending charges -- including those not yet indicted -- are satisfied, including accusations that he stole a pair of snowmobiles from a location in Alexander.

The count in the guilty plea stems from Antonucci entering the dwelling of a person he was ordered not to contact in November 2012.

Batavia man pleads guilt to sexual assault charge stemming from incident in jail

By Howard B. Owens

A Batavia man accused of using a toothbrush to sexually assault a fellow jail inmate late last year entered a guilty plea in County Court today to counts of sexual abuse, 1st.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, also entered a guilty plea to criminal contempt, 1st, which was part of the set of charges that had him in jail in the first place.

Leach entered his plea under what's known as an Alford Plea. Under terms of the plea, Leach doesn't actually admit to the crime. He just acknowledges that he would likely be found guilty by a jury based on the available evidence.

Assistant District Attorney Melissa Cianfrini said the evidence on the criminal contempt charge that would be presented against Leach is that he placed a telephone call to a protected party and threatened to kill her.

On the sexual assault charge, Cianfrini said witnesses would testify that Leach shoved a toothbrush into the rectum of a fellow inmate at the Genesee County Jail and then bragged that the victim had been "booty popped."

The alleged victim suffered physical injury as a result of the assault.

On the first guilty plea, Leach is facing a possible sentence of two-and-a-fifth to five years and three years on the second charge, with the sentences being served concurrently.

He continues being held on $10,000 bail.

CY Farms grew from the good land

By Howard B. Owens

The third in our series on Genesee County farms and farmers.

The house was ramshackle. There were broken doors and windows that wouldn't close, but the land was good. Carl Yunker knew it was soil he could grow something in.

"I was after the dirt," Carl said. "I said, 'if I got the dirt, I'll get the rest.' This is good land."

He couldn't buy the 200-acre farm and its 30 cows, but he could lease it. He moved his family from Sheldon to a house without plumbing in Elba. It was 1951. The house was more than 100 years old. The Yunkers, married in 1947, and with two young children, would put down roots near the intersection of Transit and North Byron.

Bernice went from cooking with gas to a wood stove in kitchen with warped floorboards.

That first Thanksgiving, she was expecting 17 people for supper. The night before, a cat crept in through the broken door from the cellar into the kitchen and feasted on turkey breast.

The day after Thanksgiving, Carl built a new cellar door.

In the kitchen, paint was peeling from one wall. Bernice drove into Batavia and bought the largest Rand McNally map of the United States she could find. She bought a series of smaller state maps. She decorated the wall with the maps, she said, so visitors would discuss the state of the union rather than the state of the house.

"I said if she lives with me for a year, she will stay with me for good," Carl said.

Craig Yunker

Craig Yunker, the Yunker's second of five children, was born in 1951 in Sheldon. He was raised in the house on Transit Road.

Today, the house that was falling apart 61 years ago, is now the home of Craig and Kimberly Yunker. 

It's fully restored, of course. Inside, the walls are white and the floor polished hardwood. Left exposed are structural beams that were hand hewn in the 1820s by strong men with axes and chisels.

Carl, who turns 90 next month, lives with Bernice in a farmhouse built in 1900. When the Yunkers first moved to Elba, the Merrimans, who farmed the land before the Yunkers, lived in the newer house while the Yunkers lived in the older house. After Carl and Bernice moved in, Bernice wanted a little storage room at the back of the house fixed up to use as an artist studio.  Carl expanded the room and added a second level, giving Bernice all the space she needed to paint and draw and display her work.

When Carl and Bernice met, she was a preacher's kid in Sheldon. They saw each other for the first time in the foyer of a church.

"When I saw him, he was sort of looking me up and down one Sunday when I went into church and I thought, 'you young snip, you,' " Bernice said. "I thought he was 17 years old and he was 25."

Bernice Yunker

Bernice knew nothing about farming when she met Carl, but she's proud to call herself a farmer's wife. That's the name of her studio -- Farmer's Wife Studio -- where she paints and teaches art classes.

Bernice has been a member of the Genesee County Art Society for more than 50 years. 

Her favorite subject is trees. She paints and draws a lot of trees. Well, she paints and draws a lot. Carl said she's a workaholic when it comes to art. When she has five minutes, he said, she's in the studio working on something.

Bernice has completed thousands of pieces of art. Earlier this year, she threw out about 700 of her paintings.

Living on a farm, Bernice said, her children learned the value of work. The boys started working in the barns when they were 7, getting paid for their work. By the time they were 12, they were buying their own clothes.

"I don't see how the city people to it," Bernice said. "These boys were never under my feet because they were working."

After all that farm work, Craig wasn't sure he wanted to be a farmer. His mother dropped him off at Cornell University for his freshman year and that's when he told her, he wasn't sure he wanted to farm.

He read Jack Kerouac. As Dean Moriarty took to the road, so did Craig Yunker. After the first semester of his second year at Cornell, Craig  left on a six-month ramble across America. He drove a 1963 Chevy. He packed  a Mamiya/Sekor 1000 DLT camera. In Las Vegas, his car was done and he was out of money. He managed to make it to California and spent some time at a commune before returning to New York.

He came home and went back to Cornell. Craig has a degree in agricultural economics and a master's in resource economics.

Carl had gone from tenant farmer to farm owner in 1963. When Craig came home, father and son became partners.

All of Craig's siblings found pursuits other than farming. Gail, the oldest, lives on a boat north of Seattle. Chris, three years younger than Craig, is a military man and lives in Virginia. Joy lives in Troy and Heidi lives in Medina.

CY Farms is owned today by Carl, Craig, Craig's son, Christian, and P.J. Riner, who is now retired but for years handled the day-to-day operations of the farm while Craig managed the business and CY's growth.

What started as a 200-acre tenant dairy farm is now 6,000 acres of turf, corn, wheat, soybeans, alfalfa, onions and green peas.

How CY transformed from a small dairy farm to one of the largest crop farms in WNY is as much a story of persistence and hard work as good fortune, Craig said.

"I'd like to be able to tell you that I had everything planned out, but some things just happen," Craig said. "Our success is sort of a hybrid of luck and timing with some hard work thrown in, but a lot of it is just luck."

The big turning point came in 1986, when CY Farms was a 400-acre operation with 300 cows.

The federal government decided the country was awash in dairy products. The USDA wanted fewer cows and fewer dairy farms. The government set up a reverse auction -- farmers would set a price for their herd and the government would start with the lowest bid and buy up more and more herds at higher and higher prices until the target number of cows were purchased.

If farmers put in a bid, they obligated themselves to destroying their cows or exporting them to a foreign country.

"We submitted a fairly high bid and I was fairly confident that we wouldn't get taken," Craig said. "We only bid it because it's just one of those things where everything has it's price, so we said let's put in a number high enough that if we get taken we'll be happy. We didn't expect to get taken and we did. We were surprised that our bid got accepted, but we had already signed it so we had no choice at that point."

The Yunkers had a year to dispose of their herd. By contract, they couldn't produce milk for five years.

The story continues after the jump. Click on the headline to read more.

They were left with 400 acres of land. As Carl said, good land. Good soil. You can grow things in good soil, things like corn and peas and cabbage.

"I thought at that time, maybe we'll get back in the dairy business, but we never went back to milking cows," Craig said.

Carl Yunker made the right decision in 1951. He came to Genesee County because he thought the good, flat farm fields of Elba would give him more flexibilty as a farmer than the hill country around Sheldon.

Without cows, CY Farms became a crop farm and began to grow.

Carl was also working on his own plan. By age 65, he wanted to start backing out of the business and handing over more control to Craig.

Too many farmers, according to Carl said, don't have a plan for handing their farms off to their children.

"That's one of my big criticism of family farms where dad hangs on so long and doesn't give the younger generation the opportunity to develop themslves and move on," Carl said.

Family farms that cease being family farms have meant opportunity for the Yunkers.

There was, for example, a 900-acre farm -- including muckland -- that fell into the hands of four brothers. Four feuding brothers. The brothers sold off their farm equipment and leased the land to CY Farms.

Craig knew better than to sit all four brothers in a room and try to buy their land.

"If one guy liked this deal the other guy wouldn't like the deal because the other brother liked the deal," Craig said.

He was patient. He stayed friendly with each brother.

"It took, I think, two years, but I got that deal," Craig said.

Mucklands

It was a big deal. Too big for CY to handle on its own. To help finance the purchase, Craig sold off some of the land to a neighboring farmer.

The purchase included muck, good onion-growing muck. CY Farms added onions to their product line.

Next, they added grass.

Perhaps the biggest deal for the Yunkers was the purchase of Batavia Turf. Initially Craig was just interested in acquiring more crop land. Tony Peca owned 600 acres of farmland. Craig was thinking about the land, not the business.

Peca started Batavia Turf in 1960 and it was the original turf farm in New York. When the Thruway was constructed through Genesee County, part of the deal was Peca could keep his billboard next to the I-90. Batavia Turf has the only billboard in New York on Thruway Authority property.

"(The business) was very well known," Craig said, and as he dug into the particulars of the deal, he realized it would be a good thing to buy not just the land, but the business.

"We looked at it as an opportunity to expand," Craig said.

Peca's two sons signed on as Yunker employees to oversee turf production and manage the marketing for two years. They were paid above-average salaries, Craig said, to help the Yunkers break into the business.

"We didn't know anything about growing turf and we didn't know anything about marketing turf," Craig said.

Calves at CY Heifer Farm

The Yunkers, of course, as former dairy farmers, do know cows, and in a different way, the next CY Farms expansion got the family back into the dairy business. Rather than milk cows, they raise them for area dairy farmers.

The opportunity came to the Yunkers when Agway let one of its business units fall into bankruptcy.

A few years before, Agway managers decided one of the secrets of success for dairy farmers in California was the replacement heifer business. Rather than dairy farmers raising their own calves, there are whole farms that do nothing but raise calves for other farmers. Agway thought that might be a good business line in WNY.

The company picked land owned by CY Properities for the operation. Raising calves means manure. Manure means noxious odors. Cow odors can cause complaints from nearby residents. The Yunkers owned a plot of land just southwest of the mucklands. Up on a ridge, overlooking the onion fields, a bit isolated from residential neighborhoods. The wind carries odors away from any homes in the area and out over the farmfields. It seemed like a smart spot to raise calves and convert manure into plant food.

CY Heifers takes in calves from about 10 dairy farmers in the area. As they grow, they move through a series of barns according to size and age until they're old enough to be moved back into the farmers production herd. The dairy farms can concentrate on milk production rather than raising their own calves.

The 6,000 acres of CY Farms is divided among 60 or so parcels in Elba, Byron, Batavia and Stafford. All of the land is owned by CY Properties, which leases land to CY Farms, Batavia Turf and CY Heifers.

Each business unit operates on its own P&L (profit and loss statement), but farm equipment and employees are shared among the operations.

The morning managers' meeting

It takes a lot of coordination to manage the crops, the land, the equipment and the people (just under 50 employees total). Each morning at 6:30, Craig Yunker and the farm's five managers meet in a Mid-century ranch home that has been converted to office space on the southeast corner of Transit and North Byron. 

Meeting with Craig every day are Christian Yunker, Charles Augello, Chuck Barie, Mac Ewell and Mike Riner.

First topic each morning: The weather. Cold, rain, wind and sun -- whatever the elements -- will determine much of the work schedule for the day.  It's hard to plow a field when it's muddy and darn near useless to spray pea plants in the wind.

"Everything starts with weather and then you plan your day," Craig said.

The morning meeting is a time to balance priorities against available resources. There's usually more work than hours in the day or feet on the ground.

"There are five us every morning judging who needs what tractor, who needs what truck, who needs what personnel or this or that, and sometimes, you know, something has to wait," Craig said. "One man is going to be frustrated because he's got his plan, but there aren't enough tractors, trucks and people to do everything."

What crops are grown each season is planned out up to a year in advance.

Craig and his team make a P&L for every crop they grow.

"Each crop is analyzed on its own for its own profitability," Craig said. "If crops are not profitable in one year, that's normal, but if it's a trend and they stop making us money, then we stop growing them. We did that with tomatoes."

This year, you won't find any cabbage growing on CY property.  When the management team analyzed the potential for cabbage, two problems loomed large: The Affordable Health Care Act and the difficulty in hiring migrant labor.

Cabbage may grow again on CY Farms, but first Craig said he needs to be assured that employing more than 50 people won't drive up the cost of health insurance and he needs to know he can hire legal workers that won't get swept away in immigration raids.

Solutions to those problems, if there are any, will only come out of Washington.

Then, there's the price of corn. Last year and this, corn prices have hit historically high levels.

Craig's office is dominated by a large wooden desk. He has a bookshelf and filing cabinet. On one wall are original color pen-and-ink drawings by Don Carmicheal of the Old Courthouse and County Building #1, momentos of Craig's tenure as chairman of the Genesee County Legislature in the 1980s.

Corn

On the back of door, Craig keeps a poster of corn prices.

For more than 100 years, it shows corn prices fluctuating in a fairly nominal pattern, then there's a big spike -- prices climbed above $5 a few years back -- then prices returned to a fairly normal level.

Craig points to a spot off the chart and says, "now prices are here."

That would be somewhere over the $6 mark.

Six-dollar corn is another reason not to grow cabbage.

Last year's drought in the Midwest and this year's flooding in the Eastern Corn Belt have been good things for WNY corn growers.

"Last year we got prices higher than we ever expected and we had a very good year because of that," Craig said. "We forward-contracted our corn and sold a good portion of the next year's crop."

Near the corner of Route 262 and Ivison Road are a half dozen storage bins that glisten in the sun. They're made to store feed corn. Cabbage is a perishable crop and must be sold close to harvest. Corn can be stored much longer.

"The idea is to sell it when it's profitable and not when you have to sell it," Craig said.

Onions are a crop that must be sold at harvest, too. It's one of the most challenging crops CY Farms grows. Out on the muck, farmers battle wind, rain and weeds. It's no different for the small muck farmer or the big muck farmer. 

The demand for onions doesn't change much year to year.

As Craig put it, a restaurant isn't going to buy more onions just because the price drops. If the price is high, it doesn't suppress demand.

That can make growing onions at a profit a challenge.

Which is why Craig thinks CY Farms has an advantage with its 6,000 acres and more than half a dozen crops it grows. Farm managers can rotate crops, react to changes in the market and the weather and absorb, in most years, unexpected price fluctuations.

"One of the advantages we have over somebody that just grows onions is that diversity and that stabilizing effect," Craig said.

The production numbers for CY Farms in a typical year are impressive:

  • Corn -- 3,000 acres at 146 bushels per acre
  • Wheat -- 700 acres at 75 bushels per acre
  • Onions -- 100 acres, at 650 50-lbs bags
  • Soybeans -- 700 acres, at 44 bushels per acre
  • Alfalfa -- 1,000 acres at 12 to 13 tons per acre
  • Barley -- 40 acres at 60 to 70 bushels per acre
  • 100 acres of turf harvested per year

Batavia Turf grows more than 100 acres of grass per year, but it takes 18 to 24 months to bring grass from seed to sod, sliced and rolled onto pallets ready for delivery to customers from Pittsburgh to Watertown.

Jose Castanada and Katie Houseknect

With 5,000 acres available for crop rotation, the grass-growing business has benefited from being absorbed into CY Farms. One problem smaller turf operations run into is that with only a few hundred acres available, used year after year for the same crop, the sod is more susceptible to weeds and disease. 

Jose Castaneda manages the turf operation and Katie Houseknect and Chuck Hoover sell the grass.

"Jose makes it easy to sell a quality product," Houseknect said. "We do have the finest quality sod in WNY because of our quality soil. The emerald green color, the guarantee of quality, the fact that we can rotate our crop and keep the sod clean of any type of infestations makes it easy to sell."

The grass is 20 percent Kentucky Bluegrass and varieties of fescue. The fescue is more drought and disease tolorant than Bluegrass and helps Batavia Turf's sod keep its emerald green color even in dry summers.

Every day (except rain days) during the spring and summer, crews use a precision, computer-controlled grass harvester to cut and roll the turf. Grass is delivered to clients the same day or the day before it's scheduled for planting. 

Customers include homeowners, schools, landscapers, contractors and sports field owners.

Yunker is clearly proud of the role Batavia Turf has played in helping diversify the family business and add to its overall growth.

Running a big farm keeps Craig busy, but he still has time for himself. He's never lost his love of adventure.

In his office, behind his desk, is a large photo of a sailboat charging through the waters of Lake Ontario.

Craig Yunker with his Hemingway collection

Craig loves sailing. The man who once drove a '63 Chevy across America still loves to travel. And he loves Ernest Hemingway.

When Craig travels, he prefers to stay where Hemingway stayed.

Hemingway lived in Havana for a time, so Craig has been to Cuba.

When visitors enter the home of Craig and Kimberly Yunker, they find themselves first in a room with few pieces of furniture. There are a couple of paintings on the walls. To the back of the room is a floor-to-ceiling window that frames a green back yard. Yellow roses grow by the patio. On the south wall of the room, at the center of the house, there is also a cabinet filled books by Hemingway and about Hemingway.

Craig and Kimberly have three children: Christian, 33, Cyrus, 35 and Katherine, 31. There's a picture of their children with the Hemingway books.

Upstairs in the old farmhouse, Craig pointed to a wineskin hanging from a single nail pounded into one of the exposed, hand-hewn beams of a guest room. The wineskin is autographed. 

The skin is from Pamplona, Spain. Hemingway made many trips in his time to Pamplona. He wrote about the bullfights there. In "The Sun Also Rises" men drink wine from bota bags in Pamplona.

When Craig sojourned in Pamplona, he stopped in a shop to buy a wineskin. Craig spoke to his travel companion. He mentioned Hemingway. The shop owner exlaimed, "Oh, Ernesto!" The little man scurried to the back of the store and retrieved a photo. It was a framed print of the shop owner with Hemingway standing behind him while the shop owner signed a wineskin.

Next to the wineskin, hanging from that wooded beam is a photo of Craig Yunker standing where Ernesto once stood while the shop owner signed his wineskin.

"What do you like about Hemingway?"

Christian Yunker

"His sense of adventure. He was his own person. He lived his own life. I like his style of writing. It's straightforward."

CY Farms is a big operation now, and Christian Yunker is next in line to run it. Like father, like son, Craig is giving Christian increasing responsibility for the farm over the years, just as his father did with him.

Christian is also a graduate of Cornell. After college, he worked in New Jersey for six years handling farm loans for Farm Credit East. It was good experience. It gave him a broader knowledge of what it takes to run a modern farm.

Like a lot of sons, Christian admires his father and thinks Craig has a real talent for the business.

"He has the ability to deal with people and negotiate deals," Christian said. "He's much more of a big-picture thinker. Most of his decision-making is about five, 10 years down the road, which for some people doesn't come as naturally as it does for him."

Christian has two young daughters -- much too young to know if they'll take to farming.

"I want them to be successful in life, so I'm not going to presume anything," Christian said.

Looking down the road, Christian said, perhaps they won't run the farm. Perhaps it will become an employee-run operation. It's too soon to say.

So these days, while little girls play and farmworkers work, one of the favorite pastimes of Carl Yunker is sitting on his porch reading novels and watching the traffic pass on Transit Road. Carl figures half the traffic is trucks and tractors owned by CY Farms.

He said he's proud of what the little farm in Elba has become. He thinks it will be around for a good long while now.

"I hope it keeps going successfully, and I'm sure it will," Carl said. "We've got a great team of people put together. People are the heart of an operation. You've gotta have good people or you don't have much."

Law and Order: Two men accused of trying to skip bill at Sporto's, causing disturbance

By Howard B. Owens

Gregory A. Cole III, 21, of 3 Hyde Park, Batavia, is charged with disorderly conduct (obscene language or gestures) and failure to pay for services. Cole is accused of causing a disturbance at Sport of Kings restaurant in front of customers and refusing to pay for his food order. Also arrested on the same charges was Marquis K. Saddler, 22, of 541 E. Main St., Batavia.

Luz Jamayra Castro, 29, of West Main Street, Batavia, was arrested on a bench warrant stemming from a fourth-degree grand larceny charge. Castro was arrested by the Sheriff's Office, turned over to Batavia PD, arraigned in City Court and then arrested by the Sheriff's Office again on a warrant out of County Court for alleged failure to appear for intermittent incarceration.

Robert L. Williams Jr., 22, of 112 State St., Apt. #2, Batavia, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Williams was stopped for an alleged traffic violation at 3:17 a.m. Saturday on Bogue Avenue, Batavia, by Officer Chad Richards.

Photos: Town of Batavia Fire trains for extrication, ready to raffle off another Harley

By Howard B. Owens

Town of Batavia firefighters took a break from their extrication training Monday night to show off the Harley-Davidson Fatboy that one lucky raffle ticket buyer could win July 27.

Tickets are $20 and are available for purchase at the fire hall on Lewiston Road or from a Town of Batavia volunteer.

Only about 600 of the 2,500 tickets remain.

The Harley raffle party will once again include a beer tent, music by 7th Heaven and BBQ from Alex's Place. The public is welcome to join the party. It's not necessary to buy a ticket to attend.

This year's Harley committee is Steve Coburn and John Mullen, co-chairs, and Stephen Kowalcyk and Bob Tripp.

Four Rochester men accused of $10K heist from AT&T store

By Howard B. Owens

James P. Garcia Michael A. Olivo Larry E. Fitoria Anthony F. Bovenzi-Ortiz

An apparent burglary of Batavia's AT&T store was thwarted overnight when a sergeant with the Sheriff's Office spotted a suspicious vehicle on Veterans Memorial Drive and decided to check it out.

Sgt. Brian Frieday had just left the Park Road station at 3:30 a.m. when he spotted a vehicle road side with its emergency flashers activated.

According to Investigator Kris Kautz, Frieday's suspicions mounted when the driver, the lone occupant of the car, had trouble answering his questions, so he decided to look around.

A window had been broken out of the AT&T store and additional officers from the Sheriff's Office and Batavia PD responded. 

Allegedly stolen merchandise was discovered in the Target parking lot.

Shortly before 4:30, three additional suspects were located and taken into custody on Oak Street near Noonan Drive.

Following a daylong investigation, the four young men were arraigned this evening in Batavia Town Court in front of Justice Thomas Williams on a charge of burglary in the third degree and ordered held on bail of $10,000 each.

The suspects, all from Rochester, are identified as James P. Garcia, 23, of 26 Dunn St.; Anthony F. Bovenzi-Ortiz, 18, of 19 Peckham St.; Michael A. Olivo, 20, 162 Atlantic Ave.; and, Larry E. Fitoria, 20, of 5239 Culver Road.

A partial inventory of the allegedly stolen items include a Kindle Fire HD, Samsung Galaxy Tab 2, Ipad Mini, LG Optimus Pro, Nokia Lunia 920, Blackberry Z10, Samsung Galaxy S-IV, 10 Samsung Galaxy S-IIIs, an Apple iPhone 4, two Apple iPhone 5s and an Apple iPhone 3g.

The total value of the allegedly stolen merchandise is $9,824.

During arraignment, Williams told the defendants that the evidence against them included at least one oral admission.

Olivio asked Williams, "But they got their property back, right?"

Bonvenzi-Ortiz asked Williams, "How do I get out of trouble right now? I'll totally cooperate. I have school tomorrow. I need to take finals to graduate. I just want to go to school and do my finals."

Williams told the young man that without a bail evaluation, which Genesee Justice will complete after meeting with him tomorrow, he had to set bail at $10,000.

None of the defendants have a prior criminal record.

Fight reported at Sunrise Parkway, Oakfield

By Howard B. Owens

Five people are reportedly fighting at Sunrise Parkway, Oakfield.

Deputies are responding.

UPDATE 9:40 p.m.: Deputies on scene. "Things have calmed down."

Collins asks small business owners in NY-27 to take survey

By Howard B. Owens

Press release:

To mark National Small Business Week, Congressman Chris Collins (NY-27) is asking small business owners in his district to complete an online survey about the economy and other issues impacting the small business sector. Starting today, Collins will be e-mailing the survey to small business owners across the eight counties of New York’s 27th Congressional District. Small business owners not a part of the Congressman’s e-mail list are encouraged to complete the survey on the Congressman’s Web site.

The survey asks local small business owners to weigh in on such topics as federal regulations, taxes, and the new employer mandate which is part of the President’s healthcare law. Collins is also asking small business owners to report on recent hiring activity, reasons why owners are or are not hiring, and what programs they would like to see the federal government pursue to spur small business growth and development.

“As a small business owner myself, I understand firsthand the challenges and hurdles business owners face on a day-to-day basis,” Collins said. “As a member of Congress, one of my top goals is to continue to push hard for common-sense polices that create the right kind of economic environment for small business entrepreneurs to expand their company or start a new business, and hire more people. While I will continue to visit directly with small business owners all across NY-27, this survey is a great opportunity to hear from a wide array of small business owners so I can best represent their interests in Washington.”

Collins is a member of the House Small Business Committee and chairman of its Subcommittee on Health and Technology. National Small Business Week runs from June 17 through June 21. On June 21, Collins will host a roundtable meeting, talking with small business owners directly about the issues addressed in the survey.

The survey can be found online at chriscollins.house.gov

Milling work scheduled for Vernon and South Swan on Wednesday

By Howard B. Owens

Residents of Vernon Avenue and South Swan Street may have times of limited access to their properties during milling operations on the road surface Wednesday.

Residents are asked not to park on the street that day.

Milling work will begin on Vernon Avenue and move to South Swan later in the day.

In case of rain, milling will take place on Thursday.

Repaving is scheduled for the first week of July.

Weather service reports strong thunderstorm moving into the area

By Howard B. Owens

Doppler radar has picked up a strong thunderstorm in the Akron area that is moving east at 35 mph.

The National Weather Service says the storm is capable of producing small hail.

The storm has the capability to become stronger, generating damaging winds and large hail.

Public invited to Inclusive Playground ribbon cutting tomorrow at Kiwanis Park

By Howard B. Owens

Press release:

The Kiwanis Park Inclusive Playground, located on Route 5 in the Town of Batavia, will officially be open to the public following a ribbon-cutting ceremony to be held on June 18th at the park at 6:30 p.m.

The Inclusive Playground, which was built for individuals of all physical abilities, was constructed nearly entirely by private donations as a joint venture between the Town of Batavia, the Genesee ARC, and the Batavia Kiwanis Club. The effort was led by a group of volunteers including Town Board Members Patti Michalak and Chad Zambito, Shelley Falitico, director of Development for the Genesee ARC, Anita Strollo of Kiwanis, Amy Disalvo, Lynn Houseknecht, Sue Maha of Kiwanis, and Rotarian Rosalie Maguire.  Design team members included Joe Foresyth of Kiwanis, Lisa Ace and Ricky Palermo. Town of Batavia Highway Superintendent Tom Lichtenthal acted as the project manager. 

Twenty-two private donors contributed $73,000 to the effort, including major donations from Kiwanis Club, Bank of Castile, Down Syndrome Support Group, Oatka Milk and Batavia Rotary. County Line Stone of Batavia donated 850 tons of stone for the wheelchair friendly paths that bisect the park. 

The park was the signature project of the United Way’s Day of caring on May 8th. On that day, 75 volunteers contributed 450 man-hours to install a Wheel Chair Swing, Roller Table, Omni Spinner, Sway Fun, Sand Diggers, and Adult Molded Bucket Swing. Volunteers also painted the pavilion, spread 150 cubic yards of wood chips, planted seven trees and dozens of flowers. 

“It was amazing to see everyone come together to build something so unique for the area,” said Councilperson Michalak. “It was truly a community effort that will benefit everyone.”

The group believes the inclusive playground is the only one of its kind in Western New York, and perhaps all of Upstate New York. “We have not heard of a similar park located anywhere in the region,” added Councilperson Zambito. “Every time we presented the project, no one could believe that this type of facility didn’t already exist in our region and they were eager to help. Now children with disabilities can enjoy a full day at the park with family and friends. It is the single greatest project I have ever been involved in.”

The park, which is located directly across from the Town Hall on West Main Street Road, has already seen an increase in use since the installation of the new equipment. Earlier this year, a canoe launch was installed to access the Tonawanda Creek and as part of the latest improvements, a quarter-mile walking path was added along the creek. Town officials hope to expand that path in the future.

The ribbon-cutting ceremony is open to the public. Refreshments will be served at the conclusion of the event.

Corfu mayor announces he will now supervise village office and staff

By Howard B. Owens

Mayor Ralph Peterson informed village trustees through an e-mail that beginning immediately he is assuming supervision of village staff and the office.

He removed Trustee Ken Lauer from the position.

Peterson said he was assuming the position of department head through the powers vested in him as mayor and Corfu's executive officer.

From his e-mail:

It is my intent to evaluate with whatever resources and evaluation tools necessary, the entire working process as well as reporting, accounting, record management, as well as security of the Office and records that are presently in place. After this evaluation I will institute whatever changes necessary to insure that the Village Office and the staff are functioning at the highest levels of professionalism, efficiency and accountability.

Kermit Arrington, much admired, dedicated to serving his community, has passed

By Howard B. Owens

Kermit Arrington, longtime town justice in Le Roy, an athlete, World War II veteran and one of the most respected men in Genesee County, has died.

The lifelong Le Roy resident was 86.

Arrington served as town justice for more than 20 years. For 34 years prior to becoming justice, he worked for the Le Roy Public Works Department, serving as supervisor for 20 years.

A graduate of Le Roy High School, where he was a standout in football, Arrington joined the military after graduating and during World War II served in the 758th 64th Tank Division.

In 1989, he was named Le Royan of the Year.

As an adult, Arrington continued to play sports, starring as the QB for the All Le Roy semi-pro football team. He also umpired and ref'd youth baseball and football.

He was a life member of Excelsior Hook and Ladder and volunteer with the Le Roy Fire Department.

Funeral arrangements are being handled by Falcone Family Funeral & Cremation Service.  Further details pending.

Photo: via LeRoyFootball.com.

Law and Order: Man accused of urinating on Thruway from overpass also faces weapon, marijuana charge

By Howard B. Owens

John E. Vauss, 51, of Kohlman Street, Rochester, is charged with public lewdness, criminal possession of a weapon, 4th, unlawful possession of marijuana and no/improper child restraint for a child 4 years old or less. Vauss was allegedly seen by an employee of the Buffalo Federal Detention Center urinating from the Route 98 overpass onto the Thruway below. The employee followed Vauss to the facility where he was detained by Deputy Chris Parker for further investigation. During the investigation, Vauss was found to allegedly possess a bag of marijuana in his front pants pocket A black pipe that was weighted and studded with bolts was found in his vehicle. Vauss was issued an appearance ticket for Town of Batavia Court on all four charges.

Robert C. Fochler III, 50, of 8 East Ave., lower, Batavia, is charged with petit larceny and trespass. Fochler is accused of stealing a 23.5-ounce can of Four Loko Fruit Punch malt liquor from the Hess station at the corner of Oak and Main, Batavia. Fochler was allegedly banned previously from entering the store.

David C. Truesdale Jr., 23, of 18 Tracy Ave., Batavia, is charged with unlawful possession of marijuana. Truesdale was allegedly in possession of marijuana when he was arrested on a City Court warrant related to an aggravated unlicensed operation charge.

Brandi-Lyn Heidenreich, 23, of Garibaldi Avenue, Oakfield, is charged with petit larceny. Heidenreich is accused of stealing $97 in merchandise from Walmart.

Shelin Marie Herold, 20, of Clipnock Road, Bethany, is charged with harassment, 2nd. Herold is accused of punching and slapping another person during an argument.

Christopher Jason Koenig, 17, of Summit Street, Batavia, is charged with petit larceny. Koenig is accused of stealing $159 in merchandise from Kmart.

Richard A. Demmer, 20, of Oakfield, is charged with criminal mischief, 3rd, and criminal contempt, 1st. Demmer was arrested by State Police in connection with an incident reported May 25 in Oakfield. No further details released.

Route 63, Pavilion, closed for a motor-vehicle accident

By Howard B. Owens

Route 63 is closed in both directions near the county line in Pavilion for a motor-vehicle accident.

A person may have a neck injury.

Pavilion Fire Department and Mercy EMS is on scene.

UPDATE 7:50 a.m.: One person transported to a hospital, another was a sign-off. Pavilion back in service.

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