Genesee County Sheriff's Office Investigator Tim Wescott will lead a free public workshop at 7 p.m. Thursday, Aug. 24, on learning how to recognize and avoid scams.

It will be held at the East Pembroke Volunteer Fire Department's pavilion, which is accessible using either Main Road or Slusser Road behind the fire hall. The fire hall is located at 2663 Main Road in Corfu.

Topics to be covered include: identity theft, credit cards, telemarketing, Internet scams, and home-improvement scams.

The presentation is provided by the Sheriff's Office in conjunction with the East Pembroke Neighborhood Crime Watch.

Press release:

Due to a tremendous response from the community, the Muckdogs 2017 Youth Baseball Clinic to be held on Aug. 30th is completely filled up and registration is now closed. We will accept any mailed registration forms postmarked on or before Aug. 16th.

For those who did not sign up in time, please keep an eye out for the Muckdogs’ Youth Clinic in 2018.

A Niagara Falls man who walked into the Key Bank branch in Batavia in December wearing a Batman beanie and walked out with more than $10,000 in cash entered a guilty plea to robbery in the third degree yesterday.

Joel Zsebehazy, 33, an Iraq War vet who has a prior criminal record that includes bank robbery, will be sentenced Sept. 18.

Zsebehazy was arrested in April near Belle Rose, La., after being identified as Batavia's warrant suspect by authorities there.

A car that looks like this one (not actual picture) is missing in Le Roy. It went missing Aug. 9 during the early morning hours.

Le Roy PD is asking the public's assistance in determining its location and possibly who stole it from the East Avenue -- East Main Street area of the village. Anyone with information is asked to call (585) 345-6350.

Last week’s order by a U.S. District Judge in Kansas City, Kan., to appoint a plaintiffs’ settlement negotiating committee is an encouraging sign for New York State corn farmers who are suing Syngenta AG, a Swiss agrochemical company accused of misleading marketing tactics.

Justice John W. Lungstrum, in an Aug. 8 ruling, appointed a team of attorneys to work with Special Master of Settlement for Ellen K. Reisman “toward a fair and expeditious resolution” of several lawsuits filed against Syngenta in connection with its rollout of the Agisure Viptera corn seed in 2010.

Reisman is a partner in Reisman Karron Green LLP based in Washington, D.C.

Litigants contend that Syngenta failed to get approval from China to distribute the seed, which was found to have contained a seed trait (MIR 162 GMO) that the Chinese deemed unacceptable.

In 2013, China embargoed all U.S. corn and, as a result, corn prices declined sharply and American corn producers suffered extensive monetary losses.

Attorney M. Scott Barrett of Bloomington, Ind., who is representing farmers in the Genesee, Livingston, Orleans and Wyoming region, said the judge’s order to form a settlement negotiating committee could mean that good news is forthcoming for his clients.

“We’re hoping that this would be settled by Sept. 11 (the date that a Minnesota class trial is scheduled to begin),” said Barrett, an Albion native. “With that being said, it’s still not too late for (New York) farmers to get in. If they wait to the last minute, they possibly will be unable to participate.”

Barrett said the lawsuit is open to all corn producers who grew and sold corn for market at any time after 2012, and not just those who purchased and/or used the Syngenta seed.

He and attorneys Conrad Cropsey, of Albion, Ken Walsh, of Mount Kisco, and John Jernigan, of Brewton, Ala., are representing New York farmers. Jernigan and Barrett were in the area last week, meeting with some of their clients.

One of those is Joe Tuchrello, of Tuchrello Farms in Livingston County, a longtime farmer of various crops, including potatoes, soybeans and corn.

“I’m not crazy about losing $100,000 a year,” said Tuchrello, who at 83 years of age continues to work every day. “Whatever we can get will be a godsend.”

“I have never seen the likes of what we have gone through,” he said, noting that the price of corn dropped from around $8 per bushel to $3.50.

Syngenta was acquired by China National Chemical Corp. in June for $43 billion.

Lawyers for Syngenta contend that the company did not do anything wrong because the seed wasn’t sold until U.S. approval was obtained, and that it didn’t need China’s approval. However, a test-case trial in Kansas ended with a jury verdict of $217 million in favor of the certified class of Kansas corn farmers and a test case trial in Minneapolis was settled out of court before it began.

----

In photo at top, attorneys M. Scott Barrett, left, and John Jernigan, in front of cornfield in Caledonia. For more information about the litigation, contact Conrad Cropsey at 585-589-9400.

The quiet, shy orphan who grew up in Oakfield became a true guardian angel of the less fortunate in Genesee County. Despite preferring to achieve results rather than garner recognition, Donald received numerous awards and certificates for his humanitarian efforts.

The lives of hundreds of young people have been enriched because of the efforts and generosity of Donald R Carroll.

For this reason, Don's legacy lives on through the Donald R. Carroll Memorial 5K Run/Walk, which helps to raise money for his long-standing Toys for Kids toy drive, which helps families in need in our community during the holidays. 
 
Brian and Beth Kemp have continued the 5K and Toys for Kids Toy Drive for Don. Brian Kemp knows firsthand the impact of caring people like Don.

"Don helped me when I was young and I was able to go to summer camp and enjoy some things I would have never had an opportunity to otherwise," Kemp says.

Because of that and the need to continue to help those in need in our community, the Kemps continue where Don left off.

The Don Carroll 5K Memorial Run/Walk starts at 9 a.m. this Saturday, Aug. 19th, at Kibbe Park (105 Kibbe Ave., Batavia).

Runners and walkers are encouraged to come out and take part in this great event. All proceeds from the race go directly toward the Toys for Kids toy drive.

Last year's race was able to raise enough money to help more than 50 children in need in Genesee County.

The Kemps are hopeful this year's race will be another success.

"We have a lot of families living at the poverty level or below in our community," Beth Kemp said. "If we are able to provide a little light in someone's life, especially during the holiday season, then that's what we want to do.

"Don would've given someone his last few dollars, and he didn't have much. I hope to be half the human being he was."

Runners and walkers can pre-register online at DonCarrollRace.com or register the morning of event. Registration begins at 7:45 a.m. Race starts promptly at 9. A $100 prize is awarded to the top male and female finisher, and additional prizes for the top three in all age categories.

Submitted photo. Back row: Shaun Negvesky, Melanee London, Melissa Watterson, Laura Klotzbach-Dinsmore. Front row: Ritchie Kirkum, Jamie Lindsley. Not pictured: Bill Barbur and Samantha Pangrazio.

Press release:

On Monday, Sept. 4^th the Oakfield Betterment Committee will host the 2017 “Labor Day Celebration” in the Elroy D. Parkins (Little League) Park, 37 Drake St., Oakfield.

This event is a family-oriented and alcohol-free festival featuring first-rate live entertainment, children’s activities, car cruise, parade, and food vendors.

Nonprofit groups from Oakfield and surrounding areas, including Alex’s Lemonade stand, operate food and beverage stands and various games and other fundraisers at the event, making this celebration an important part of our local nonprofit organizations’ finances.

The parade kicks things off at 10 a.m. There will be a Car Cruise from 12-3. Ghost Riders perform from 12 to 3 p.m. and Terry Buchwald impersonates Elvis from 4 to 7 p.m. Plus there will be pony rides for children all day, an appearance by Mercy Flight, basket raffles, and bounce house fun ($5).

As you are aware, many local community gatherings and carnivals are disappearing due to restrictive laws, lack of funding, and difficulty maintaining a volunteer base. The Oakfield Betterment Committee is dedicated to making sure that our local event continues to be a tradition for our town. Due to the same difficulties facing other communities, we are scaling back to a one day event for 2017, but it will still have most of the features our attendees look forward to each year.

In addition to Labor Day, Oakfield Betterment hosts fun and meaningful community events such as the annual Earth Day Clean-up, summer outdoor family movie nights in Oakfield Town Park, 5K fun runs for various causes, and a Community Thanksgiving Dinner. We are also planning to have an event featuring and supporting local small businesses at the Lions Club Christmas in Oakfield. All of these events are free to the public.

When other local organizations need a helping hand, we are at their service. So far this year, we assisted with the Haxton Memorial Library’s Summer Reading Kickoff carnival and Elba Betterment Committee’s annual pig roast.

If you have any questions, or would like to join the Oakfield Betterment Committee, please check our website: http://www.oakfieldbetterment.com/ and "like" our Facebook page.

With a grant from the state's Division of Criminal Justice Services, Batavia PD will be able to outfit all officers with body cameras, Chief Shawn Heubusch told the City Council on Monday night.

In all, the $10,000 grant combined with funds already appropriated in the city budget will mean the department has a total of 32 body cameras.

"They're absolutely valuable," Heubusch said after the meeting. "I wouldn't be asking for 32 of them if I didn't think they were valuable. As far as from a prosecutorial standpoint, it collects evidence and firsthand accounts when this story is unfolding. So from that perspective, it helps in the prosecution aspect of a crime. When you're dealing with a victim or a suspect you have that person on film saying what they said, acting the way that they were acting at that point in time, and that could be introduced into evidence or it can be used to get a plea deal."

Twice the cameras have helped clear up accusations against officers by suspects, Heubusch said, so they've proven valuable in that respect as well.

"I think we see a lot more positive reaction (from officers) because they were very suspicious at first," Heubusch said. "They wanted to know, 'what are we getting ourselves into?' But the first time that they're dealing with the drunk alongside the road and they're able to go back and review that footage and see this is exactly what this person said, this is exactly how the person acted, and then present that in court, they see it's been very beneficial, or in the instance where somebody comes forward with a false claim against them."

Officers are supposed to activate the camera anytime they are responding to a "hot" call, Heubusch said. The camera should be on anytime there is an enforcement action.

Of course, Heubusch said, officers are human and in an active situation, turning on a body camera is not always the first thing that comes to mind.

"That's the first thing you forget to do is turn that on," Heubusch said. "In most cases that is the first thing you want to see, you want to see that turned on. So we understand there's a human element as well. So you know there is enough room within the policy to give the officers some individual leeway."

Officers also have the discretion to turn the camera off in situations where privacy is paramount, such as cases involving juveniles, especially as victims, confidential informants, or sensitive domestic calls, depending on the circumstances.

Nearly two years in the making, a draft of a new comprehensive plan for Batavia has been presented to the City Council and soon it will be up to council members to decide what kind of future they want for the city.

One that maintains the status quo or one that aims to improve the quality of life for residents and attract new businesses.

"I think you’ll find that, yes, some communities are losing population," City Manager Jason Molino said after the draft plan was presented to the council. "They're not growing at great rates, but I think you’ll see that the communities that are well planned, and have good comprehensive plans that are practical, you’re going to see those communities are growing. They’re growing exponentially. They’re growing a lot faster than those who don’t (have comprehensive plans). I would argue that good planning leads to smart choices and that leads to positive outcomes.

"If we want to be mediocre forever then maybe we don’t do the comprehensive plan," Molino added. "If we want to achieve more, we take a community-based approach to it and you make smart choices in the future to trigger growth in the future."

Consultant Rob Holzman made the initial presentation of the plan. He reviewed the history of the process, which began in October 2015 and included the formation of a steering committee, interviews, focus groups, surveys and two community open houses where community members were invited in to share their vision for the future of the City of Batavia.

"This plan sets up a strong foundation for moving forward and understand what some of the basic investments are that are necessary to attract a younger population as well as a senior population," Holzman said.

Among the findings of the research that underlies the plan is that Batavia is seeing a decline in home ownership and a startling rise in rental occupancy.

"These are two characteristics that are worth noting because they’re really a driving impetus behind why you want this comprehensive planning process," Holzman said. "It's to figure out what’s going on and how some of these trends might be reversed."

The city is also overstocked in industrially zoned property. Industrial is the second highest acreage in the city of 14 types of zoning in Batavia, at 682 acres but only 169 acres are actually being used for industrial activity.

The plan suggests, Holzman said, that the city can direct more industrial uses in the area of the Harvester Center and the Pearl Street industrial park, both with significant vacancies, and rezone an area such as the east end of East Main Street.

The 70 to 90 properties in that area, with the exception of a cement company, are all commercial and residential, Holzman noted.

"It is a key gateway coming into the city," Holzman said. "It sets a tone for what to expect and having industrially zoned properties there might not be the best use of that transportation corridor."

Among the other suggestions for the Batavia of the future is the development of a complete street policy, which would include bike paths, bike racks at public facilities, signs providing distance and direction for destinations (wayfinding signage), and bus shelters that are attractive and may contain public art.

"Bus shelters might sound like a basic thing, and it is a basic thing, but it’s a necessary component to add to the vitality of a place," Holzman said.

The plan also suggests developing a tree management plan, a plan for parks and recreation, a plan to celebrate the city's history and its public spaces.

The plan also calls for changing the city's zoning code from the more highly regulated current form to what's known as "form-based" code, which more loosely defines appropriate uses for sections of the city.

When it came time for the council and the public to weigh in, there were some objections.

Councilwoman Kathy Briggs (later joined by community member John Roach) suggested that any suggestion that the east end of East Main Street be rezoned be removed from the plan. He insisted that the council already voted 6-3 against changing the zoning, therefore, it shouldn't be brought up again.

Molino explained that at this stage, the comprehensive plan is a roadmap. Implementation of actual zoning changes would come up later. Further, he noted, the council's previous vote was just on two parcels in the 70- to 90-acre area under consideration.  

Roach suggested the proposal was just a backdoor way to bring in the tax-exempt, subsidized housing for disabled people proposed by DePaul earlier this year.

Councilman Bob Bialkowski objected to the idea of form-based code because, based on his research, he said, back before current zoning was created, something like form-based zoning was used and it only benefitted the well-heeled and politically connected.

Holzman tried to explain that form based means something entirely different today and that what the comprehensive plan proposes is really a mix of formed based structure and traditional zoning.

Councilman Adam Tabelski said he was concerned (a concern shared by other speakers) that the Tonawanda Creek is barely mentioned in the plan, even though it represents a potential resource for the city.

Molino said specific proposals for what might happen along the creek would fit into the city's strategic planning process, which he also spoke about and how it might change with a new comprehensive plan.

He provided the council with a document that he said would help officials and staff better prioritize projects, especially when new ideas come along.

"One thing when we began to develop this process, we realized that as new opportunities come along there has to be a very disciplined process to evaluate those," Molino said. "We have to decide whether it not happen, be put off, changed, or if more resources have to be put on the table to deal with them."

A man is unconscious after a tire exploded at Zuber Farms, 5633 Tower Hill Road. Byron Fire Department and Mercy medics are responding. Mercy Flight in Batavia is put on ground standby.

UPDATE 12 p.m.: Mercy Flight is cancelled.

UPDATE 12:02 p.m.: The chief on scene says responders can continue in non-emergency mode to the structure east of the main building. A tire exploded off its rim, striking the victim.

A trooper has been dispatched to the Thruway overpass on Route 98, Batavia, for two subjects who "lost their boat" and are now trying to recover it.

It's stuck in the guardrail.

The incident is hindering traffic.

Batavia Police Officer Arick Perkins was recognized at the City Council meeting Monday night for his quick action the night of July 18 to render first aid to a stabbing victim on East Main Street.

Perkins found a victim with multiple stab wounds who was bleeding uncontrollably. Perkins applied a tourniquet to the victim's arm in an effort to stop the bleeding until EMS personnel arrived. 

For this life-saving effort, Perkins was recognized with a resolution of the City Council, a Batavia PD Life-Saver Award and an award from the University of Rochester Kessler Trauma Center.

The second annual Here and Now Festival will be held on Aug. 25 and 26 at Austin Park featuring more than 70 vendors, 13 food trucks and 14 musical artists.

Pastor Jason Norton said it is a coalition between churches and ministries, with corporate sponsorship, in attempt to bring unity.  

“There seems to be a lot of division between denominations,” Norton said. “We’re trying to see the walls torn down, where we can all come together for a time of worship.”

Here and Now is a revival of an event that happened in 1916. A group of five churches from the area built a structure out of lumber in the middle of winter, where Austin Park is currently located.

“We have the same spirit behind it,” Norton said. “This year, in commemoration of that, were doing the same thing they did, on the same ground they did.”

While the music groups are Christian, Norton said it shouldn’t stop people from coming because the genres vary from '70s rock, folk, rap and hard rock. Christian Cuevas, the runner-up from last year’s TV show “The Voice” will be performing on Saturday night.

There will also be many activities for children, including face painting, balloon animals, cotton candy and Kona ice.

On Friday, the doors will open for VIP ticket-holders at 5:30 p.m., with regular admission at 6. The concert will start at 7 p.m. and end around 11. On Saturday, events will run from 10:30 a.m. until 10:30 p.m. For a full schedule of events and full list of artists, click here. 

Norton said the concert will draw people from nine different states, including Ohio, Pennsylvania, New Jersey and Vermont, along with people coming from Ontario and British Columbia, Canada.

“Right now, we have 1,500 tickets sold for Friday night,” Norton said. “We’re expecting every bit of 2,000 or 2,500 people to attend this year.”

More than 100 people from local churches are volunteering this year. Norton and his wife oversaw the event with 26 churches and ministries volunteering last year. A committee of 12 people from various churches along with volunteers from the region will help to make this event a success.

Tickets are $5 each to help cover the cost of the festival. If you would like to sponsor this event or advertise your businesses, call 297-3155.

"We hope that this will be a real blessing to the city," Norton said. "We hope people come down and see the city come together at this great event." 

Edward Joseph Stabell, 23, of Meiser Road, Corfu, is charged with trespass. Stabell is accused of trespassing at a location on Gilmore Road, Pembroke.

Scott Douglas MacPherson, 58, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, speeding, and insufficient tail lamps. MacPherson was stopped on Lake Street Road, Le Roy, at 9:14 p.m. Sunday by Deputy Ryan DeLong.

Press release:

 A volunteer committee led by the Batavia Development Corporation created a website (www.freshLabBatavia.com ) and Facebook page (https://www.facebook.com/FreshLab-Batavia-157039621534443/ ) to inform the community about the project, construction progress and recruitment to lease two more start-up restaurant spaces.

“We understand residents are chomping at the bit to learn more about the project,” said Barb Shine, Batavia Development Corporation director and co-captain of the marketing efforts. “It’s an enormous undertaking, pretty complex, with a lot of moving parts. We hope the website helps break it into bite-sized pieces.”

Jon Mager, future master brewer of the anchor eatery, Eli Fish Brewing Company, formerly known as Batavia Brewing Company, has agreed to take the lead on social media construction updates. Beth Kemp, executive director of the Downtown Business Improvement District, has guided the creative direction, technical setup and will post periodic updates in addition to the Batavia Development Corporation.

“We’re getting more and more excited about this project. Programming at freshLAB will benefit all of our downtown businesses,” added Kemp. “Complementing our solid restaurant core, freshLAB will help reshape downtown into a dining and entertainment destination.”

Reader-submitted photo of an accident this morning around 5:45 a.m. on Ellicott Street just west of Jackson Street, Batavia.

The SUV was occupied by eight people, all returning home to Niagara Falls from vacation, police told our news partner, WBTA.

At least two people were sent to the hospital. Their injuries were not life-threatening.

The vehicle was westbound when it veered off the roadway, struck two street signs and a light pole before crashing into the tree.

Super over 1,900-square-foot city home. 3 bed, 2 full bath, living room, dining room, spacious kitchen, den, family room, first floor full bath, partially finished basement, large deck, hardwood floors, natural woodwork, open front porch, many updates, full walk-up attic, 1.5 car garage. Newer kitchen, windows, furnace. Very well kept home. Call Nancy Crocker at 585-314-7982 today or for more information: 7vernonavenue.howardhanna.com

The following people were arrested by the Genesee County Sheriff’s Office during the Goo Goo Dolls concert at Darien Lake Performing Arts Center on Sunday:

A 17-year-old of Lincoln Avenue, Dunkirk, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly being found in possession of a controlled substance and marijuana.

Kevin R. Dawidowicz, 41, of Maywood Place, Buffalo, is charged with reckless endangerment, 2nd, after allegedly striking a Darien Lake security officer with his vehicle.

Kevin M. Buisman, 32, of Elmwood Avenue, Tonawanda, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Colleen K. O’Donnell, 26, of Warsaw Street, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Cody Z. Woodhouse, 28, of Robinson Street, Hamilton, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Samuel P. McCaslin, 27, of Vahn Street, East Concord, is charged with trespass after allegedly attempting to re-enter the concert venue after being ejected and told not to return.

Press release:

Batavia High School will host a brief parent orientation for parents of incoming freshmen and transfer students new to the high school beginning at 6 p.m. on Wednesday, Aug. 30.

Parents will have the opportunity of meeting available staff and administration who will introduce parents to BHS policies, programs and expectations. All first-time BHS parents will find this informational session helpful in transitioning their child to the high school. This is also an opportunity for parents who once again have a student at BHS to learn about any new changes.

Link Crew Day for Freshmen & Transfer Students -- Wednesday, Sept. 6

• Morning Session @ 8 – 11:30 a.m.: Freshmen ONLY

Batavia High School will host a Link Crew Day for freshmen students only from 8 to 11:30 a.m. only on Wednesday, Sept. 6. Incoming freshmen and pre-approved Link Leaders will be the only students attending school on this day.

Upperclassmen need not attend school on Sept. 6^th as incoming freshmen will be participating in freshmen transition activities.

The concept of Link Crew is simple: linking freshmen with successful upperclassmen. While creating a sense of comfort for incoming students, the Link Crew concept also addresses the attitudes of upperclassmen toward freshmen and respect for freshmen becomes the norm.  

Schools today are different than ever before, as are students, families and communities. The transition from middle school to high school is one of the most difficult ones young people face, expectations are greater and schools are larger.

Research has shown that if a student makes it successfully through his/her first year of high school, he or she will have “made it” and he/she can be expected to graduate.  With this in mind, Link Crew program was to help students make the transition with specific intervention and support from older peers. 

• Afternoon Session @ 11 a.m. – 2:55 p.m.: Freshmen & Transfer Students

Upperclassmen should not attend the P.M. session of our orientation program. This session is designed for freshmen and transfer students new to Batavia High School only. Freshmen and transfers will enjoy a light lunch, do a walk-through of their schedules, meet their teachers, and have an opportunity to become accustomed to their locker and lunch routine.  

The first day of classes for ALL BHS students is Thursday, Sept. 7^th.

Anyone with questions is asked to contact the BHS Counseling Center at 343-2480, ext. 2002.

Batavia High School is located at 260 State St. in the City of Batavia.