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The Notre Dame Girls Softball Team won the Class D1 Section V championship tonight in Keshequa by beating Arkport 17-14. 

Photo submitted by Linda Bartlett.

A 33-year-old resident of Flint, Mich., is being accused of dealing crack cocaine in Batavia.

John "Solo" Sumlin III, was stopped today by members of the Local Drug Enforcement Task Force as he was riding a bike on Porter Avenue.

Sumlin's arrest is the result of a month-long investigation that included undercover agents allegedly purchasing crack on two occasions.

During the course of the investigation, task force members identified Sumlin as an individual wanted in Michigan on a possible parole violation.

When Sumlin was stopped today, he allegedly gave investigators a false name in an attempt to conceal his warrant from local law enforcement.

Following arraignment in Batavia City Court, Sumlin was jailed without bail.

Press release:

The Board of Education is proud to announce our unanimous selection of
Mr. Mark Alexander as the next superintendent of the Oakfield-Alabama Central School District. Mark began his career as a third-grade teacher at the Churchville-Chili Central School District before joining the faculty at Oakfield-Alabama in 2000. He was promoted to the position of elementary principal in 2008.

Mark has also served as an adjunct instructor at Genesee Community College where he was awarded the prestigious National Institute of Staff Development and Organizational Development Award for Excellence in Teaching and Leadership.

Mark earned degrees in mathematics education and curriculum specialization at the College at Brockport before pursuing his certification in school leadership through the Massachusetts College of Liberal Arts. 

Mark has served in many leadership positions while a member of the Oakfield-Alabama team, including: chair of the Safety, Health and Wellness Committee; Anti-Bullying Committee member; past chair of the District Advancement Team; past chair of the Career Day Committee; and past president, treasurer, and Negotiations Team member of the Oakfield-Alabama Teachers’ Association.

Most importantly, Mark is an educational leader who has a demonstrated record of commitment to the children of this community, their families, support staff members, teachers, administrators and the broader school community. He is a leader of great character, passion and intelligence.

The board would also like to take this opportunity to express our community’s gratitude to Chris Todd for his outstanding leadership over the past five years. We wish Chris and his family well as he begins his new position as district superintendent of Oswego County BOCES on June 1. We also would like to welcome Mr. Ed Orman, our interim superintendent, who will stay on board with Oakfield-Alabama through our transition in leadership.

Mr. Alexander is a uniquely talented educational leader who will be leading a wonderful school system. He attended and graduated from Oakfield-Alabama and has deep roots in our community. The board looks forward to welcoming Mark and his family with great anticipation and enthusiasm.

Please join us in welcoming Mark on Tuesday, June 12 for a light refreshment reception, from 3 to 5 p.m. in the Middle-High School Community Room.

The third member of a trio caught with drugs in a Batavia hotel room nearly a year ago entered a guilty plea to a drug possession charge in county court today, but has a chance to have his plea reduced if he successfully completes a drug program.

Benjamin Santiago was arrested with Justin Barker and Derick Barker on June 1 after the three men allegedly refused to leave the hotel after not paying the bill. When police arrived they found a quantity of drugs in the room.

The Barker brothers were later accused of plotting a conspiracy to kill Santiago.

Justin Barker later admitted to his role in the plot and was sentenced to two to six years in prison.

Santiago was charged with two counts of criminal possession of a controlled substance, 3rd. As part of a plea deal, Santiago entered a guilty plea today to criminal possession of a controlled substance, 5th.

His case is being sent to Batavia Drug Court, where he'll be given a chance to complete a drug treatment program. If he successfully completes the program, he can return to county court, withdraw his guilty plea and plead guilty to a Class A misdemeanor.

He could still be sentenced up to a year in jail under that plea, but if he doesn't complete drug treatment successfully and comply with all of the other terms of his release, Santiago could facing from two and a third to seven years in prison.

Derick Barker, who previously entered a guilty plea to possession of a controlled substance and strangulation (stemming from an attack on an inmate in the Genesee County Jail), is currently serving a sentence that could stretch to eight years.

Samantha Luce is in front of the county courthouse today selling cookies on behalf of the YWCA as a fundraiser for the Child Advocacy Center. The cookies are the creation of Anita Stollo and her daughter Serena.

Pre-schoolers from the Tuesday-Thursday class at the YMCA enjoyed a field trip to the Batavia Fire Station today, where they learned about what firefighters do, how they dress and what to do in case of a fire, and each child got a chance to spray water from a fire hose.

Reuters: New York mayor seeks ban on sale of big sugary drinks

An 18-year-old West Main Street Road resident has been charged with reckless endangerment after allegedly firing a rifle into a wooded area this afternoon and nearly striking two people in an adjacent field.

Charged was Michael David Senay.

Senay is accused of firing a small caliber rifle at 4:15 p.m into a wooded area several times without having a safe backstop, causing rounds to travel a long distance.

The location was just off Wortendyke Road.

The original report indicated a subject had fired a high-powered rifle striking an ATV.

The alleged victims were on their own property.

The charge is a misdemeanor and Senay was issued an appearance ticket and directed to appear in the Town of Batavia Court at 1 p.m., June 7, to answer the charge.

The case was investigated by Deputy Patrick Reeves and Sgt. Steve Mullen.

Press release:

With the State Budget now passed, jump starting New York's economy and getting people back to work are at the top of the to-do list. That’s why I voted for legislation today in the State Senate to implement the 2012 NEW JOBS-NY Job Creation Plan.

Every new job created helps the state’s economy, helps strengthen a community, and most importantly, helps a family improve its quality of life.  This comprehensive plan will help create thousands of new private sector jobs by delivering tax relief and reducing energy costs for small businesses and manufacturers.

Among the highlights of the 2012 NEW JOBS-NY Job Creation Plan are:

• HIRE-NOW-NY Tax Incentive: New job-creating incentives to grant businesses a tax credit of up to $5,000 for each new job created; up to an $8,000 credit if the new job goes to someone on unemployment; up to a $10,000 credit if a business hires a returning military veteran.
• 10 % Personal Income Tax Credit for Small Businesses: This tax cut would save 800,000 small businesses $80 million.
• 20 % Corporate Tax Cut for Small Businesses: This cut in the corporate tax rate will save nearly 200,000 small businesses $49 million.
• Reducing the Job-Killing Tax Burden on New York Manufacturers: The plan would spur creation of thousands of manufacturing jobs by dramatically reducing taxes on manufacturers over a three year period ($495 million in tax relief).

Over the last two years, we’ve enacted two fiscally responsible State Budgets that reduced spending, excluded any new taxes or fees, and enacted billions of dollars in tax cuts. The 2012 NEW JOBS-NY Job Creation Plan will build on this progress, create thousands of new jobs and help to ensure a brighter, stronger future for the Empire State.

A motor-vehicle accident with injuries is reported on Route 33 and Wilkinson Road, Batavia.

East Pembroke fire and Mercy EMS responding.

The vehicles are blocking.

One person is complaining of back pain.

UPDATE 5:42 p.m.: Three vehicles involved.

UPDATE 5:43 p.m.: Three ambulances requested to the scene.

Press release:

The campaign of GOP congressional candidate David Bellavia today criticized former Erie County executive Chris Collins for borrowing the ideas of former Western New York Republican Congressmen in his Small Business Bill of Rights but failing to give credit where it was due.

In 2010, Congressman Chris Lee (NY-26) co-sponsored H.R. 5109, titled the Small Business Bill of Rights. (bit.ly/KIWkKL) The bill was meant to stimulate growth and innovation in small businesses, much like Mr. Collins' initiative of the same name announced today. Rep. Lee's Small Business Bill of Rights included provisions for tax relief, limiting government regulations, protecting the secret ballot, lowering health care costs, and protecting intellectual property.

Also in 2010, Rep. Lee unveiled "Manufacturing for Tomorrow," a five-point plan to strengthen manufacturing in Western New York. The initiative called for tax relief and fairness for U.S. workers and manufacturers, tort reform to address job-killing lawsuit abuse, and customs reform to stop intellectual property violations. (scr.bi/Lg8olA) Collins' Small Business Bill of Rights, meant to bolster small businesses in the 27th Congressional District, mirrors the key points of Rep. Lee's plan, but without giving him credit. Mr. Collins advocates tax relief for small businesses ("right to lower taxes"), tort reform ("right to be free of frivolous lawsuits"), and intellectual property protection. (bit.ly/LGBjyE)

During his time in office, Rep. Lee was one of two representatives from New York State who opposed the Employee Free Choice Act (EFCA), which denied workers the right to a secret ballot. (bit.ly/KZMoLi) Another tenet in Mr. Collins' plan is the "right to secret ballots for union elections."

"A large portion of Mr. Collins' Small Business Bill of Rights comes directly from the work of Rep. Lee," Bellavia campaign manager and former Lee staffer Paul Cole said. Cole also charged Collins with borrowing the ideas of former Congressman Tom Reynolds.

In the document, Collins also states that "China needs to play by the rules." Mr. Collins advises that China must float its currency in order to end currency manipulation and protect the U.S. from unfair trade practices that harm American-made products and small businesses. He failed to credit Rep. Reynolds (NY-26) for that idea. Reynolds co-sponsored the Chinese Currency Act, which aimed to end Chinese exchange-rate manipulation and insulate American manufacturers from being harmed by currency manipulation. (bit.ly/NfBIuv)

"By failing to give credit to former congressmen Lee and Reynolds for their ideas, Mr. Collins is violating his own call for protecting intellectual property that he outlined today in this very plan," said Cole, who also worked for Rep. Reynolds. "For a candidate who touts his business experience as his sole qualification for Congress, he sure has a problem coming up with his own policy prescriptions."

"Some points in Mr. Collins' initiative are principles all Republicans espouse -- eliminating the death tax and government regulations, simplifying the tax code, balancing the budget, and repealing Obamacare," Cole said. "But once you compare the ideas of congressmen Lee and Reynolds with Mr. Collins' small business platform, it's quite clear that the other five solutions Mr. Collins offers are lifted from former the congressmen."

"At the very least, Mr. Collins should have the dignity to give credit where it is due," Cole said. "Anyone familiar with the policies of congressmen Lee and Reynolds would recognize these proposals in a hot second."

Cole noted that Erie County Republican Committee Chairman Nick Langworthy, who is leading the Collins campaign, also worked for Lee and Reynolds.

NOTE: Chris Collins appeared in Batavia today to announced a "Small Business Bill of Rights," which The Batavian would have covered had the Collins campaign bothered to contact The Batavian in advance of the event.

A driver may have failed to signal before making a left-hand turn on Route 77 in Alabama this afternoon leading to a collision with a semi-truck that was trying to pass his vehicle.

Both the driver and one of his passenger's were injured in the 1:06 p.m. accident at the intersection of Route 77 and Ledge Road.

No citations were issued, according to the accident report prepared by Deputy Chris Parker.

Suffering minor injuries were Randolph S. Mattice, 44, of Court Street, Syracuse, and Christie A. Rogers, 51.

Both a witness and the truck driver reported they didn't see a turn signal on Mattice's vehicle.

The truck driver, William Conroy, 42, of Williamee Road, Trumansburg, was not injured.

Suzanne M. Walsh, owner of the 2000 Pontiac Driven by Mattice, was also uninjured.

(Initial Report)

Richard A. Crook Jr., is indicted on four counts of grand larceny in the fourth degree and two counts of forgery in the second degree. Crook is accused of stealing the credit and debit cards of another person and then using the credit cards to make purchases at Tops Market on two separate occasions of more than $300.

Anna M. Spencer is indicted on counts of custodial interference in the first degree and identify theft in the first degree. Spencer is accused of enticing a child from the child's lawful custodian and keeping the child for a protracted period of time at a location out of state. Spencer is also accused of using the identify of another person.

Luis A. Martinez is indicted on a charge of felony DWI. Martinez is accused of driving drunk Jan. 15 on Route 63 in the Town of Batavia. Martinez was previously convicted of DWI in October 2002.

Paul J. Doctor is indicted on counts of burglary in the second degree and two counts of grand larceny in the fourth degree. Doctor is accused of breaking into a residence on Jackson Street, Batavia, and stealing items from the residence.

Bryan K. Printup is indicted on a count of felony DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. Printup is accused of driving drunk Jan. 1 in the Town of Alabama. Printup was convicted of DWI in April 2009 and had his driver's license revoked for DWI convictions in September 1995 and June 1996.

A Bergen resident who inflated payroll claims and was convicted by a jury of grand larceny will have to repay at least $3,000, Judge Robert C. Noonan ruled today. But whether she will be required to pay back the remainder of the more than $14,000 her former employer claims she stole is still an open question.

Michele Ann Case, 46, of North Bergen Road, Bergen, may have to pay an additional $7,000, but that question also is yet to be answered.

Case's potential total restitution is complicated by two factors.

First, on the grand larceny charge, the statute only requires the jury to determine the defendant stole at least $3,000, so without reviewing the evidence Noonan cannot order a restitution amount greater than $3,000.

Second, Homecare and Hospice is asking for restitution on the $7,000 it spent in uncovering Case's inflated payroll claims. Noonan isn't sure he has the authority to order restitution for such a claim.

Meanwhile, Public Defender Gary Horton made it clear, Case currently has no resources to repay any amount of money, even the $1,000 deductible on the insurance policy that covered Homecare and Hospice's losses.

When asked by Noonan how much Case could pay in monthly installments, Horton said Case is currently unemployed. Her only income is $600 in child support payments. Her house in foreclosure, the gas and phone have been turned off. The electricity was off, but has been restored.

"Her situation is financially desperate and on the edge of disaster," Horton said. "I can't in good conscience, with her only income coming from child support payments, suggest any amount for installment payments."

District Attorney Lawrence Friedman told Noonan there had been no evidence submitted to substantiate Case's financial condition and he wondered what sort of effort Case has put forward to find a job -- any job -- to help make payments.

Noonan agreed that it was difficult to require Case to make payments from her child support, but also suggested Case needs to find a job. He ordered Case back to court in 30 days to review her ability to make payments.

Meanwhile, Noonan will await the preparation of trial transcripts (necessary for Case's appeal as well) so he can determine if the prosecution submitted sufficient evidence to support a restitution claim of $14,600. 

He also asked Horton to prepare a memo, supported by case law, on why Homecare and Hospice isn't entitled an additional $7,000.

If Noonan determines he can order the additional restitution, there would be a restitution hearing and Horton indicated that Case -- who didn't testify at her criminal trial -- would testify at that hearing on her own behalf.

When Noonan sentenced Case on May 22, he kept her out of prison, he said, for the sake of her two children, age 10 and 15. Case was sentenced to four months of weekends in jail followed by five years probation.

After years of cramped quarters in their office on Washington Avenue, Batavia, Creamy Creations cut the ribbon today on their new space in Masse Gateway.

The company now has 7,000 square feet for its laboratory, storage and offices to serve customers throughout the Western Hemisphere.

"We’re definitely optimistic about the future," said Barbara Van Hoorn, VP of the Americas for Creamy Creations. "There’s room to grow and we anticipate hiring more people in the future."

Creamy Creations is a subsidiary of FrieslandCampina, which is based in the Netherlands. Three FrieslandCampina executives were in Batavia for the ribbon cutting, including Roelof Josten, COO of FrieslandCampina (above, Van Hoorn and Josten perform the ribbon cutting).

Currently, Creamy Creations employs nine people in Batavia, with a 10th person starting next week and immediate plans to hire another sales person.

The company creates emulsified beverages, both containing alcohol and nutritional drinks. Many of its drinks are created for and in cooperation with O-AT-KA.

Van Hoorn said the company was created after Bailey's introduced Irish Cream in 1974 in response to customer requests to develop similar products. The company moved from Wisconsin to Batavia in 1993, in part to be closer to O-AT-KA. It now services beverage companies from Chili to Canada.

Creamy Creations is Masse's first official tenant. Merrill Lynch is expected to open an office in the redevelopment project by the end of the summer. Owner and manager Tom Mancuso said Mancuso Development Group is in active negotiations to fill the remaining 48,000 square feet.

Steven Alexander, from the Netherlands, is managing director of Creamy Creations.

Tom Mancuso

Two teenagers from Oakfield were arrested today following an investigation into a report of a missing child and accused of smoking marijuana with a 12-year-old.

Charged with endangering the welfare of a child were Emily Joan Walker, 19, of Sunset Parkway, Oakfield, and Mark Anthony McNutt, 17, of Webber Avenue, Oakfield.

One incident was reported at 33 Sunset Parkway, allegedly involving Walker, and one incident, allegedly involving McNutt, was reported at 20 South Pearl St., Oakfield. The first alleged incident was reported at 2 a.m., the second at 3:30 a.m.

Both Walker and McNutt were issued appearance tickets.

Deputies Jason Saile and Kevin McCarthy handled the investigation.

Kate Elizabeth Brozic, 29, of Lake Road South, Brockport, is charged with two counts of bail jumping, 3rd.  Brozic allegedly missed two court appearances after being bailed out of jail. She was jailed on $10,000 bail or $20,000 bond.

Amanda Jane Richardson, 27, of Hillside Terrance, Silver Springs, is charged with a violation of probation. Richardson turned herself in on a bench warrant out of Genesee County Court. Richardson was jailed pending arraignment.

Michael James McCarthy, 24, of Angling Road, Pembroke, is charged with criminal contempt, 2nd. McCarthy is accused of violating an order of protection by contacting the protected party.

Gavin David Laben, 18, of Darien, is charged with resisting arrest and obstruction of governmental administration, 2nd. Laben allegedly resisted arrest while an Erie County deputy tried to take him into custody on an accusation of criminal mischief in Erie County.

Jodee Marie Henderson, 27, of no permenant address, is charged with petit larceny and conspiracy, 6th. Henderson, along with two other individuals, is accused of stealing merchandise from Stan's Harley Davidson on West Saile Drive, Batavia. The suspects allegedly stole $214 in merchandise. Henderson was jailed on $500 bail. Also arrested on the same charges and released were Leaha Rae Anne Wimmer, 19, of Darien, and Nicholas Adam Antonucci, 25, of Alexander.

Nicholas Christian Doell, 21, of Darien, is charged with trespass, operating an unregistered ATV and unlawful operating an ATV on a highway. Doell was arrested after allegedly failing to comply with the instructions of a police officer while allegedly operating an ATV on Norfolk Southern Railroad property in Darien.

Seth Ryan Doster, 20, of Darien, is charged with trespass and disorderly conduct. Doster was allegedly involved in a verbal dispute with a neighbor while on private property. Also arrested on the same charges in connection with the same incident was a 17-year-old resident of Darien.

The issue of overnight parking downtown was put in reverse by the Batavia City Council on Monday, when by unanimous consent members sent it back to where the controversy started -- the BID Parking Committee.

The council was following the recommendation of City Manager Jason Molino, who suggested the parking committee -- which according to him, initially asked for parking restrictions to be enforced -- come up with a compromise plan.

"We want to try and do what’s best for everyone," Molino said. "Sometimes you can’t satisfy everyone, but we’re going to try to. I think the best thing is have the BID parking committee review the issue further and come back with recommendations."

Molino said the situation is a balancing act of various interests. Parking lot clean-up and plowing requires overnight parking be limited and ideally confined to a defined area, and downtown business owners are worried about employees and customers who need to use the parking lot between 2 and 6 a.m. getting tickets.

About a dozen local business owners attended Monday's meeting, along with BID Director Don Burkel.

Burkel informed the council that the BID board met earlier in the day and agreed that overnight parking fees should not be increased.

"In light of trying to promote downtown for residential use, as well as for shopping and restaurants and other various businesses, the board is in favor of avoiding any increases so as not to shortchange (downtown) in any way," Burkel said.

Louis Kingsbury, an employee of Ken Mistler and Jerry Condello, spoke as a representative of local businesses.

Kingsbury listed off a number of concerns: Where are employees supposed to park whose shift ends after 2 a.m. or starts before 6 a.m.? Who's liable when a plow hits a parked car?

"I'm just trying to figure out a solution to the whole scenario so it's feasible for everybody," Kingsbury said.

Condello delivered pages of signatures on petitions of people opposing overnight downtown parking restrictions.

Council members had a variety of initial reactions. John Canale wondered why people pay for parking when they've already paid for the parking lot through their taxes. Jim Russell said some sort of order and structure is necessary to the parking situation.

And if bar patrons decide not to drive home and still wind up getting a ticket, well that's a small price to pay compared to a DWI, Russell said.

Bar owners argue that customers won't necessarily look at it that way, but Molino said there is an application process in place for anybody who gets a ticket under extenuating circumstances.

The fee for the overnight parking permit is necessary, City Attorney George Van Nest said, because there are court cases that prevent government agencies from giving away taxpayer-owned property. A parking spot is a piece of real estate and if you're going to give a person special permission to use the property when others can't, there needs to be a fair-market price attached to that use.

Molino established the overnight parking fee -- which he can set under local law -- at the same rate as a garbage Dumpster fee, under the premise that the fee establishes market value for that much space being used by a private party.

So far, a total of nine overnight parking passes have been purchased by downtown residents. Tickets and fees account for only about $1,000 in city revenue, Molino said.

William Henry Foote, 57, of Myers Road, Oswego, is charged with felony driving while ability impaired by combined drugs and alcohol, felony DWI, felony driving with a BAC of .08 or greater and felony driving while ability impaired by drugs. Foote was arrested after deputies responded at 3:35 p.m., Monday, to a report of a person who said he had burned himself by spilling coffee on his chest. Foote was evaluated by ambulance medics, but refused further treatment. Further investigation by Deputy Joseph Graff and Deputy Howard Carlson led to Foote's arrest.

Russell Hosahi Blumer, 39, of Gillate Road, Alexander, is charged with assault, 3rd, resisting arrest, aggravated DWI and DWI. Blumer was allegedly involved in a motor-vehicle accident on Gillate Road, Alexander, at 4:23 p.m., Monday. Blumer was later located operating a Kubota tractor and was allegedly intoxicated. Blumer was allegedly verbally combative and physically resisting arrest, causing a hand/finger injury to a deputy. The deputy was treated at UMMC and released.

A 17-year-old resident of River Street, Batavia, and a 16-year-old resident of South Main Street, Batavia, are charged unlawful possession of alcohol by a person under age 21. The youths were allegedly found in possession of beer at 11:42 p.m., Saturday, at a location on Lewiston Road, Batavia.

Deidre Roshelle Scott, 25, of an undisclosed address, Rochester, is charged with criminal impersonation, 2nd, aggravated unlicensed operation, 2nd, and inadequate headlights. Scott is accused of giving a false identification following a traffic stop at 2:03 p.m., March 15. Scott's alleged deception was discovered after Scott reportedly failed to appear in court and the person whose identity she allegedly used was issued a summons for failure to appear.

James Thomas Kusmierczak, 27, of Chestnut Street, Medina, is charged with criminal contempt, 2nd, and possession/consumption of alcohol in a motor vehicle. Kusmierczak was stopped for allegedly consuming beer in a motor vehicle. During the stop, Kusmierczak was allegedly found in possession of marijuana.

Jeffery Scott, 29, of Keeney Road, Le Roy, and Adrian James, 32, of East Main Street Road, Le Roy, are charged with trespass and petit larceny. The two men were arrested following a report of people removing property from a local business. When approached, Scott was immediately taken into custody. James was captured after initially fleeing on foot.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. Betances was stopped Monday on Pearl Street by Officer Darryle Streeter.

Josanne Alysse Schultz, 23, of Wolcottsville Road, Akron, is charged with petit larceny. Schultz is accused of shoplifting at Kmart.

Brett Douglas Perfitt, 17, of Bennett Avenue, Oakfield, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speed not reasonable and moved from lane unsafely. Perfitt was reportedly involved in a motor-vehicle accident at 2:10 a.m., Monday, on Bloomingdale Road, Alabama.  Perfitt allegedly failed to reduce speed when approaching a curve and traveled off the roadway into the woods. Perfitt said he was not injured in the accident and declined medical treatment. The accident was investigated by Deputy Kevin McCarthy.