Today it was announced that Genesee County District Attorney Lawrence Friedman has been assigned to be the Special Prosecutor in the case of two Orleans County Sheriff's deputies charged with crimes related to working for a private company while clocked in for law enforcement duties.

State Police Troop A in Batavia announced the arrest today of Orleans County Sheriff's Sgt. Dean Covis, of Albion, and Deputy Thomas Marano, of Brockport. Each is charged with one count of third-degree grand larceny and one count of first degree falsifying business records.

An investigation conducted by the New York State Police Major Crimes unit allegedly revealed that between November 2013 and January 2015, Sgt. Covis and Deputy Marano received payments from a private company they worked security for, after filing false time sheets, when in fact they were simultaneously working at the Orleans County Sheriff’s Office.

Covis and Marano were arraigned before Niagara County Court Judge Sara Sheldon in the Orleans County Court then released on their own recognizance.

In an interview with WBTA, Friedman said when asked how the case came to light "People apparently heard this was going on and reported it...I do not know for certain when the allegations were first made, but it has only been in the last few months that the State Police got involved and conducted their investigation."

Friedman said it's not illegal to work a second job when you are not working for the Sheriff's Office; but being paid for working in law enforcement while actually doing security detail for a private company is.

The company the defendants allegedly worked 12-hour security shifts for is Brookfield Renewable Energy Partners, which operates Waterport Dam in the Town of Carlton in Orleans County.

The DA said additional charges are possible.

"I'm thinking, specifically, the grand larceny charge would be one count, encompassing the entire relevant period of time," Friedman said. "Falsifyinging business records -- only one count was filed, but it could be multiple counts, one for each of the records that is alleged to have been falsfied."

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that his 10^th annual Patriot Trip to Washington, D.C,. will take place Sept. 21 – 24. More than 100 veterans and their family members participated in the 2016 trip, which included stories of valiant service members and valuable time spent together reflecting on the courage and dedication exhibited by our nation’s veterans.

Hawley is a longtime supporter of veterans and has served on the Assembly Veterans’ Affairs Committee since 2006.

Only veterans who have never been on the trip before may sign up now. After Aug. 1, veterans who have been on the trip before and those living outside of the 139^th Assembly District may apply. The approximate cost of the trip is $350, which includes meals, transportation and admission to the memorials.

“I look forward to this trip each year as a way to give back to those who have served our country and remember those who have perished in combat,” Hawley said. “I came up with this idea after a similar trip I took with my father, a World War II veteran.

"Through the experiences of my father and my own service in the Ohio Army National Guard and U.S. Army Reserves, I have gained a tremendous understanding and respect for the sacrifices endured by our veterans. It is for these reasons that I continue the Patriot Trip each year and have solidified it as one of the staples of my service to our community.”

Attractions Hawley plans to visit this year on the trip include:

• White House 
• WWII Memorial
• Gettysburg Memorial
• Korean War Memorial
• Vietnam War Memorial
• Iwo Jima – The Marine Corps Memorial
• American Veterans Disabled for Life Memorial
• Air Force Memorial
• 9/11 Memorial at the Pentagon
• Arlington National Cemetery, including the Changing of the Guard
• Wreath Laying at the Tomb of the Unknowns – Vietnam Veterans

If you or a veteran you know want more information about this year’s Patriot Trip X, please call 585-589-5780 or email carneyj@nyassembly.gov. To view photos from previous years, use the following link: http://vetsdctrip2008.shutterfly.com/.

Hundreds of volunteers spread out throughout the area today to perform a variety of tasks for charities and other civic groups as part of United Way's Day of Caring.

Among the projects, members of the Rotary Club built a new tool shed for the community garden behind the Youth Center off State Street. The garden's organizers had applied for a grant to buy the building materials and the club went a step further, sending over a volunteer construction crew as well.

Other volunteers at the garden helped replace about a third of the raised beds with new, deeper beds, which will make it easier for gardeners to grow carrots and other root vegetables.

There were dozens of projects countywide.

Along with the efforts at the community garden are pictures of the annual Lions Club bicycle repair at Adam Miller Toy and Bicycle, with the bikes going to clients of Arc of Genesee Orleans, and a project by the Batavia Improvement Association to chalk the sidewalks of Main Street with positive art and messages.

Press release:

Congressman Chris Collins (NY-27) today released the following statement to recognize National Police Week and to highlight his intention to vote in favor of six legislative items throughout the week in support of U.S. law enforcement.

The legislative items will include the Thin Blue Line Act (H.R. 115), the Honoring Hometown Heroes Act (H.R. 1892), the American Law Enforcement Heroes Act (H.R. 1428), the Probation Officer Protection Act (H.R. 1039), the Rapid DNA Act of 2017 (H.R. 510), and the Strengthening State and Local Cyber Crime Fighting Act (H.R. 1616).

“National Police Week is an opportunity for our country to come together to honor our men and women in blue for the service they provide to our communities,” Congressman Collins said. “On behalf of the towns, cities, and villages throughout New York’s 27^th Congressional District, I want to thank our law enforcement officers for consistently putting their lives on the line to keep us safe.”

In 1962, President John F. Kennedy declared May 15^th as Peace Officers’ Memorial Day. This week, the United States will honor our courageous law enforcement officers during National Police Week. Every year since 1982, members of the U.S. law enforcement community, their families and friends have gathered on Peace Officer’s Memorial Day in Washington, D.C., to mourn the fallen and remember their heroic acts.

“Our first responders are willing to pay the ultimate sacrifice to uphold law and order within the communities they serve, but too often their heroic acts are repaid with undue criticism,” Congressman Collins said. “They deserve the full support of the federal government. I am confident the six pieces of legislation that will be voted on this week will provide U.S. law enforcement with the federal resources and support they need to continue keeping us safe.”

Thin Blue Line Act (H.R. 115)

• Makes killing, or attempting to kill, a law enforcement officer, firefighter, or other first responder, an aggravating factor in death penalty determinations.

Honoring Hometown Heroes Act (H.R. 1892)

• Authorizes the governor of a state to proclaim the American flag be flown at half-staff to honor a first responder who died in the line of duty.

American Law Enforcement Heroes Act of 2017 (H.R. 1428)

• Authorizes COPS grantees to prioritize funds to hire veterans as law enforcement officers.

Probation Officer Protection Act of 2017 (H.R. 1039)

• Authorizes probation officers to arrest a person if there is probable cause to believe the person forcibly assaulted or obstructed a probation officer while they were conducting official duties.

Rapid DNA Act of 2017 (H.R. 510)

• Establishes a system for integration of Rapid DNA instruments for use by law enforcement to combat violent crime and reduce the current DNA analysis backlog.

Strengthening State and Local Cyber Crime Fighting Act of 2017 (H.R. 1616)

• Authorizes the National Computer Forensics Institute to disseminate homeland security information related to the investigation and prevention of cyber and electronic crime and related threats, and educate, train, and equip state, local, tribal, and territorial law enforcement officers, prosecutors and judges.

Rights of injured workers threatened workers’ compensation and the rights of injured workers has become a hot topic in today’s news. Recently, an Alabama judge has found portions of their state’s Workers’ Compensation Act to be unconstitutional. The judge ruled that the monetary cap for injured workers violates the due process of the law.

Similarly, here in New York State new workers’ compensation laws have been passed that threaten the rights of injured workers. These laws will not only decrease benefits, but also make it more difficult to qualify for benefits.

Our workers’ compensation team at Dolce Panepinto is always fighting for injured workers’ rights and are here to help. We will continue to keep you updated as changes continue to the workers’ compensation system. If you have any questions about your rights or if you or a family member has been hurt on the job, please do not hesitate to call us at 585-815-9003. Click here for more information.

Work crews were at Batavia Downs this morning resurfacing the parking lot.

Two injuries are reported in a car vs. motorcycle accident on Route 33 at Horseshoe Lake Road, Stafford.

Stafford Fire and two Mercy EMS ambulances are dispatched.

UPDATE(S)(By Billie) 1:12 p.m.: Traffic control requested by Stafford command to Route 33 and Prole Road.

UPDATE 1:13 p.m.: Mercy Flight #5 is called to the scene and a landing zone is being established.

UPDATE 1:26 p.m.: Mercy Flight #5 has landed. The passenger and driver of the motorcycle suffered non-life-threatening injuries. The driver of a Kia Soul appears to be uninjured. According to a witness at the scene, the Kia stopped at the intersection, started to move, stopped again, then pulled directly in front of the motorcycle, which T-boned the car. The witness said "I couldn't believe it." The motorcycle left a long skid mark on the roadway prior to the crash.

UPDATE 1:32 p.m.: Traffic control was moved to Route 33 and Seven Springs Road. The damaged motorcycle is stuck in the roadway and won't roll so a tow truck has been called to remove it.

Neighborhood Legal Services Inc. (NLS), a nonprofit organization previously located on Clinton Street, recently moved office locations to 45 Main St. in Batavia.

NLS provides free legal services to low-income people and the disabled. They also provide a wide range of technical assistance and support services.

John Zonitch, the managing attorney at NLS, said the services remain the same, but they were looking to expand personnel.

“We have added an attorney that specializes in Social Security work, so we are able to handle more cases than we used to,” Zonitch said.

Zonitch said they enjoy their more centralized location.  

“We’re definitely closer to the courts,” Zonitch said. “It’s convenient for the courts as well as for those with transportation difficulties. I think it’s a lot easier for them.”

Zonitch said the Community Action Center was also hoping to expand their Head Start preschool program.

NLS offers services in family law, disability law, housing, public benefits, consumer issues and New York State of Health Marketplace. They do not handle criminal cases, traffic tickets, money damage actions, estate work and real estate closings, torts, small claims court cases, workers’ compensation, unemployment and cases where fees are available for other counsel.

There are three offices throughout Western New York. One located in Buffalo, serving Erie County, one located in Niagara Falls, serving Niagara County, and the branch located in Batavia, serving Orleans, Genesee and Wyoming counties.

Residents can call or walk in to fill out an application. Some of the services are funded by grants, which have qualification requirements.

“Assuming their income and their assets meet our maximums, then they would be financially eligible,” Zonitch said. “Then as long as it’s a problem type that we handle, then we would certainly be very open to providing them with some service.”

Zonitch said their services concentrate primarily on divorces, evictions from the tenant’s standpoint and Social Security work. He said they also have healthcare navigators to assist people looking to get health insurance to navigate the online system.

“Our mission is to help low-income families have access to the court system that they might not otherwise be able to have,” Zonitch said.

Shane Zimblis, 46, of Buell Street, Batavia, is charged with fourth-degree criminal mischief and criminal obstruction of breathing. Zimblis was arrested following a manhunt yesterday morning that involved deputies and troopers and two K-9s in the area of Wortendyke Road, Batavia. The alleged crime was first reported at 1 a.m., Tuesday, and Zimblis was located around 7:30 a.m., reportedly attempting to flee on a motorbike in the wooded area near Wortendyke and Rose Road. He eventually was taken into custody by Deputy Kevin McCarthy after walking out to the parameter of the search area. Assisting were Deputy Andrew Hale, Deputy Lonnie Nati, Deputy Patrick Reeves, Deputy Chris Erion with "Destro," Trooper Eric Daigler, Trooper Palizay, Trooper Frank Veletta and K-9 "Paris." Zimblis was jailed on $500 bail. (Initial Post)

Elaine Heather Gearman, 31, of Park Street Arcade, and Douglas Robert Pasinski, 33, of Middle Road, Springville, are charged with petit larceny. Gearman and Pasinkski are accused of shoplifting from the Dollar General in Corfu.

Lachian Case Kellogg, 23, of Lancaster Avenue, Buffalo, is charged with aggravated unlicensed operation, 3rd. Kellogg was arrested on a warrant out of City Court and jailed on $1,000 bail.

Batavia's two girls 12U fast-pitch softball teams got to play for the first time yesterday on the field at Genesee Community College, which Coach Matt Landers said was a real treat for the girls.

Sophia Papponetti got the win on the mound for the Batavia Black squad, with Emma Bigsby taking the loss Batavia Yellow. Landers said it was a close game until the sixth when Batavia Black broke open the game to secure a 19-11 win.

Submitted photos and information.

An unmarked gas line has been struck and ruptured at 6249 Batavia-Elba Road, Byron.

Byron and South Byron fire departments responding.

UPDATE 9:20 a.m.: Traffic is being shut down at Casewell and Route 232, and Route 237 and Route 262.

This dog was found on Reed Road in Bergen this morning. It's only tag is a rabies tag from Texas. Stacy Stanton found the dog and said the dog is very sweet. She called Animal Control and was keeping the dog this morning until an officer picked up the dog.

UPDATE: Owner and dog have been reunited.

Batavia City School District:

Budget - $49,870,585 (increase of $5,504,146 or 12.41%: $0.00 increase in tax levy)
Yes - 374 (81.84%)
No  - 83 (18.16%)

Establish $7.5 Million 10 Year Capital Reserve 2017 -
Yes -  370 (80.96%)
No -    87 (19.04%)

Board of Education positions (2):
Two terms from July 1, 2017 to June 30, 2020 
Barbara Bowman, 293
Tanni Bromley, 279

 

Oakfield-Alabama Central School District
Proposition #1-Budget
Yes:  297
No: 53

Proposition #2-Buses
Yes: 290
No: 60

Proposition #3-Athletic Equipment
Yes:  258
No: 92

Proposition #4-Capital Reserve Fund
Yes:  288
No: 59

Board Members (Three Vacancies)
Chris Haacke, 208
Bonnie Woodward, 171
Jennifer Kirkum, 170
Tim Edgerton, 162
Andrew Merkel, 142
Bruce Pritchett      141

 

Elba Central School District

Proposition #1 Budget - $9,273,839
Yes: 136
No: 26

Proposition #2 – Authorization to establish the 2017 General Capital Reserve Fund 
Yes: 132
No: 29

Proposition #3 – Authorization to appropriate and expend from Transportation Vehicle and Equipment Capital Reserve to purchase one (1) 65 passenger school bus
Yes: 134
No: 28

Two Board of Education seats with two candidates running:
Travis Torrey, 149
Michael Augello, 134

 

Byron-Bergen Central School District

Proposition 1, Budget
Yes: 327
No: 153

Proposition 2:  Bus purchase
Yes: 340
No: 150

I actually shot this photo late Sunday afternoon off Route 262 in Byron but didn't get a chance to process it until tonight.

The day at Oakfield-Alabama Elementary School was dedicated to leadership, with several classroom events built around themes from Stephen Covey's book, "The 7 Habits of Highly Effective People," such as "Think Win Win," "Be Proactive," Put 1st Things 1st," and "Begin with the End in Mind."

There were also musical performances from both middle school and high school students, and a talent show, along with a student-parent picnic in the gym.

Press release:

The Genesee Country Farmers' Market located at the Downtown Batavia Public Market opens for the season on Friday, June 9th, at the market's location on the corner of Bank Street and Alva Place in the Downtown Batavia Business District.

Market hours are 9 a.m. to 4 p.m. on Tuesdays, Thursdays, and Fridays with the season running from Friday, June 9th, through Friday, Oct. 27th.

"This year marks the second year of collaboration with BID (Downtown Batavia Business Improvement District)," says Market Manager Mike Bakos. "The Market, presently in this year's planning stages, is working to build upon last year's successful merger of the 10-year old BID Downtown Batavia Public Market with the 43-year-old Genesee Country Farmers' Market.

"The Market remains a 'Grow-Your-Own' market featuring the freshest locally grown produce along with unique specialty items. Vendors are excited about the upcoming market season with many of last year's vendors returning along with some new additions. The market will once again participate in the SNAP (Supplemental Nutrition Assistance Program), NYS FreshConnect, WIC and Senior Farmers' Market Check Programs. Stop by and talk directly to the people that grow your food."

Parties interested in joining the market to become a Seasonal Vendor or Day Vendor may contact Sharon Brent at (716)-560-0853 or by email at sharon_brent@hotmail.com or Mike Bakos at (716) 866-4958 or by email at mbakos@rochester.rr.com.

Qualifying charities, service groups, or 501c3 organizations that would like to participate in the market may obtain a FREE market stall by contacting the market at (716) 866-4958 or by email at mbakos@rochester.rr.com.

Members of Troop A, State Police, based in Batavia, honored the men and women who have died in the line of duty while serving and protecting the people of Western New York in a service at the Batavia Barracks today.

Troop A Commander, Major Steven Nigrelli, said: "The Fallen Troopers did not wear capes, hit walk off homeruns are defend Earth from aliens, those are Hollywood Heroes; These Troopers are real American Heroes.

"They simply died doing what they swore an oath to do, the service and defend the public -- even in the face of peril and personal danger."

(In photo above, Trooper Dean Nolte and K9 "Weltz.")

To purchase prints, click here.

• National Anthem sung by Mary Brady
• Reading of names and placement of flags for veterans who have died over the past year
• Memorial Day Guest Speaker: Rev. David Jones
• Musical selections by the Le Roy High School Band
• Closing with playing of “Taps” and Firing Squad Volley

Press release:

Iroquois National Wildlife Refuge (NWR) announces plans to conduct three prescribed burns on the Refuge during the 2017 season. The goal this year is to burn approximately 100 acres within three (3) grassland fields.

The result will be enhanced grassland nesting cover for a variety of migratory birds and other wildlife. Grassland fields will be burned in the spring or early summer (May – July). Each burn should take approximately two to six hours to complete and will pose no threat to visitors or neighbors.

Prescribed burns are conducted safely and successfully on National Wildlife Refuges and other public lands across the country. With prescribed burns, fire becomes a management tool removing accumulated fuel loads thus reducing the risk of wildfire. Additionally, fire improves Refuge habitats for wildlife by removing invading plants that compete for light and nutrients and exposing the soil to sunlight so that seeds may germinate and grow. At the same time, it releases nitrogen and other nutrients into the soil to nourish the new plants.

Specific dates cannot be announced in advance, however, law enforcement and other emergency agencies will be notified on the day of the burn.

Before a burn can take place, specific weather and site conditions, including wind direction and speed, humidity, air temperature, and fuel moisture must be present. If any one of these conditions is outside the “prescription,” the burn will not take place. Refuge staff have been specially trained to plan, ignite and monitor the fire to insure public safety.

For further information contact Refuge Manager, Iroquois National Wildlife Refuge, 1101 Casey Road, Basom, NY 14013 or call 585-948-5445, ext.7030.

Iroquois NWR is located midway between Buffalo and Rochester, and is managed by the U.S. Fish and Wildlife Service.

Merritt Holly, a Le Roy resident since 2009, never thought he wanted to go into administration. In the beginning of April, Holly started as the superintendent of the Le Roy Central School District.  

“I’m very humble to be in a position like this, to represent teachers, students and staff here at Le Roy,” Holly said.

After a month and a half in his position, Holly said he has not seen any negatives to his job as superintendent.

“Everyone has been so supportive, from inside here and in this community. They’ve been so supportive and I can’t be thankful enough,” Holly said. “You need that in order to be successful running a school district.”

Holly was a graduate of Pavilion High School in 1992 and went to Genesee Community College, later transferring into SUNY Brockport.

Holly’s teaching career began in 1999 when he was hired out of college as a Global Studies teacher at Oakfield-Alabama Central School District and coached varsity basketball. In January 2007, he was asked by the superintendent to carry out the rest of the year as the dean of students.

“I never thought I wanted to go into administration but it was a good opportunity to try it out and see if I liked it,” Holly said.

Holly stayed on to be the dean of students for the 2007-2008 school year and started taking classes for an administrative degree.

In 2008, Holly started as the middle school principal, making an impact for Oakfield-Alabama students in grades six through eight.

Before becoming superintendent of Le Roy Central School District, Holly served as principal of Caledonia-Mumford High School since 2011.

“I’ve worked with great leaders,” Holly said. “I’ve had a chance to learn under a lot of good people. I’ve had the chance to be involved in some great staffs at [Oakfield-Alabama] and [Caledonia-Mumford High School].”

Le Roy Junior-Senior High School is ranked in the top 10.3 percent in the country, earning a Silver Medal, according to U.S. News & World Report magazine's ranking of the Best High Schools.

Holly said he has been impressed with what Le Roy offers its students and the passion for the programs.

“Not only do we have strong academics, but if you look at what we’re doing with extracurricular [activities] and you’ve got a perfect scenario for kids to thrive with and be successful,” Holly said.  

Holly said that many students are coming in to rural area schools with a variety of needs and issues. One of his goals as superintendent is to look at how to best help those students.

“I think the whole group instruction concept that I was a part of as a student is not going to work in this day and age right now,” Holly said. “We have to think in a differentiation type of way that we have to meet our kids at their level.”

Holly said that it does not mean to lower standards and expect less from students.

“I think kids come in with a keen skill set that I don’t think I had when I was their age,” Holly said. “I think that kids aren’t changing in the sense of the academics, I think we have to adjust to what their interests are, different from where they were five to 10 years ago.”

Tim McArdle, the principal of Le Roy High School, said he has worked closely with Holly as neighboring principals over the years.

“To have him now on our team has been tremendous,” McArdle said. “It has been awesome seeing him start every day in our bus loop, greeting our students as they enter the building. He is a very caring and genuine person who wants nothing but the best for this community.”

McArdle said Holly’s transition into his new position was smooth. Prior to starting as superintendent, Holly was able to spend multiple days visiting and meeting informally with staff and students. McArdle said it allowed Holly to hit the ground running from day one.

“[Holly’s] presence has been felt from the bus loop, to the classroom, to the extracurricular events,” McArdle said. “He truly understands the importance of being visible and supporting our Knights.”