Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today commented on the actions of Assembly Majority Codes Committee members, who killed two bills that would have repealed the unconstitutional SAFE Act. Despite an impressive showing from pro-Second Amendment sportsmen, members of the Assembly Majority killed two bills sponsored by Hawley, A.2651 and A.3350, that would have repealed the NY SAFE Act, which was passed controversially in 2013.

Hawley said the SAFE Act continues to violate New Yorkers’ Second Amendment rights and was irresponsibly jammed though the Legislature in the middle of the night as a political stunt by Gov. Cuomo.

“I have, and always will be, a supporter of the Second Amendment,” Hawley said. “Any legislation that takes away a law-abiding citizen’s ability to possess firearms is an unconstitutional act of government tyranny. I am from a rural district in Western New York and my experience with gun owners has been exemplary. Most gun owners are responsible hunters or firearm enthusiasts, and to prohibit them from adequately protecting themselves or their families is indefensible and governmentally oppressive.

"New Yorkers, in no way wanted this bill to become law, that is why it was rushed through the process in the middle of the night using a message of necessity. A truly fair and transparent government would allow this bill to come to the floor for a vote, but apparently that is not how New York functions.”

A pole and wires are down in the roadway in the area of 2495 Brown Road, Pembroke. The wires are sparking. East Pembroke fire and law enforcement are en route. The location is between Ridge and Halstead roads.

Austin Park is a long way from Florida, especially when just two weeks ago, when Cheri Pitcher was there, it was 90 degrees.

"I was surprised how cold it was this morning," Pitcher said while braving the cold and dusting of snow to take her dog for a walk.

It was 28 degrees this morning.

"We have a white male walking briskly down Summit (Street) wearing a hospital gown," says a dispatcher. Batavia police are responding.

It is 33 degrees and frosty outside.

UPDATE 8:04 p.m.: "They (police) are in service in the parking lot of Dan's Tire with the patient released," reports a dispatcher.

A tractor-trailer vs. school bus minivan accident is reported at 2300 Genesee St., Pembroke. One child is onboard the minivan. They are reporting no injuries, but the minivan is underneath the tractor-trailer and the occupants are pinned inside. The East Pembroke fire chief on scene says the tractor-trailer is blocking traffic. The location is between Angling and Read roads. Corfu Fire Police are called for traffic control at Route 33 and Angling Road. Eastbound traffic will be shut down.

UPDATE 7:32 a.m.: A family member, possibly the child's parent, is at the scene.

UPDATE 8:10 a.m.: Fire Police remain on scene but other responders are back in service. The road will be reopened shortly.

UPDATE 8:11 a.m.: The door of the minivan was jammed shut but firefighters got it unstuck quickly once they arrived, and the child was picked up by a family member.

UPDATE 8:30 a.m.: Photos added. The milk truck was backing into a dairy farm. The driver of the van reportedly told deputies he didn't see the truck. One or both drivers may be cited, pending conclusion of the investigation. There were no injuries.

Jason P. Andrews, 38, of Lake Street Road, Le Roy, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Andrews is accused of selling an unspecified controlled substance in the form of pills to an agent of the Local Drug Task Force. Andrews was arrested at his residence, arraigned and released under supervision of Genesee Justice.

Jonathon Grant Browne, 22, of Leighton Avenue, Rochester, is charged with possession of untaxed cigarettes, unlawful possession of marijuana, aggravated unlicensed operation, 2nd, speeding and driving a vehicle without stop lights. Browne was stopped at 4:08 p.m. Tuesday on Main Street, Oakfield, by Deputy Joseph Corona.

A 17-year-old youth, residence not specified, is charged with criminal mischief, 3rd. The youth was arrested in Alexander by State Police. No further details released.

Jenna L. Josephite, 26, of Batavia, is charged with criminal possession of a controlled substance, 7th, and Dillon M. Brito, 23, of Batavia, is charged with unlawful possession of marijuana. Josephite and Brito were arrested and charged by State Police at 3:30 p.m. Sunday on Route 5, Town of Batavia. No further details released.

Grand Jury Report:

Veronica Garcia is indicted on a count of felony DWI, felony driving with a BAC of .18 or higher, two counts of driving drunk with a child less than 15 years of age in the vehicle and endangering the welfare of a child. Garcia is accused of driving drunk Dec. 19 on Route 98, Alexander, with two children in the vehicle. She allegedly has a prior DWI conviction from February, 2011, in the City of Batavia.

Timothy Burch sent in this picture from this morning of a funeral procession in Oakfield for Alan H. Myers, who died at the age of 88.

According to his obituary, he led a heck of a life:

At age 11, he worked for adult wages on the Elba muck. He delivered newspapers by bicycle, set bowling pins, and in the winter, ran a muskrat trap line. He served during World War II with the Marine Corps and was awarded medals for marksmanship. He was stationed in Guantanamo Bay Naval Base in Cuba.

After an honorable military discharge, he was employed by U.S. Gypsum for 11 years and survived severe injuries from a mine tunnel collapse. He farmed and ran a chicken egg business.

He was trained as a draftsman with the aid available from the Economic Opportunity Act of 1964, eventually retiring from Eastman Kodak Co. as a master draftsman engineer in 1989.

Al Myers was an exceptional craftsman in home repair and antique restorations and a gifted landscaper. His land and home were his passion. An avid naturalist and protector of wildlife, Al was also a marble shooter, game player, chess player, hunter, lover of dogs, cats, and the comedy duo Laurel & Hardy. He was a renowned billiards player, friend of Native Americans, and a Civil War enthusiast. He helped found the 44th NY Volunteer Civil War Regiment and was instrumental in the development of the North South Skirmish Association, where he won many marksmanship medals in antique firearms competitions.

A power pole is on fire at 5338 Main Road, Stafford. Stafford fire is responding. National Grid is called but no ETA provided.

Hank is missing. Hank is 6 months old and escaped from home on Transit Road in Elba/Byron two days ago. If found, or with other helpful information, call (585) 297-0088 or (585) 490-3335. A reward is offered for Hank's return.

Genesee County's unemployment rate dropped from 6.7 to 6.0 percent from last March to this March, according to the latest data from the NYS Department of Labor.

At the same time, the total number of local residents who are employed, and the total number of local residents who are unemployed, both declined.

There are now 27,500 people with jobs in the county, according to the data, compared to 27,700 in March 2014.

There are 1,800 people listed as unemployed, compared to 2,000 a year ago.

The total number of non-farm jobs in the county rose from 22,000 to 22,100. 

The number of non-farm jobs in March 2015 increased from the previous month by 200.

The total number of manufacturing jobs has remained steady during the time period at 3,000. Goods-producing jobs have held steady at 3,800.

The national unemployment rate is 5.6 percent and the state's is 5.8.

In the Rochester area, the rate is 5.5 percent, and in Buffalo, 5.9.

The rate in Orleans County, 7.2, Livingston, 5.5, and Wyoming, 7.4.

Press release:

YWCA’s Women of Distinction Committee is excited to have chosen a slate of exceptional recipients for this year’s Women of Distinction Awards, Chairwoman Colleen Raponi says.

Each one of them represents true integrity in supporting this community with advocacy, equal rights, diversity, sustainability and peace.

They are Maryanne Arena for Racial Justice; Eve Hens for Economic Empowerment; Heather Cummings for Military/Veteran; Kathy Panepento for Peace; Theresa Asmus-Roth for Advocacy/Civic Engagement; and Lawley Genesee Insurance and Risk Management for Corporate Social Responsibility.

“We are thrilled to introduce these recipients, many of which the community may already know, and to shine a light on their talents, passions and efforts to better us all,” Raponi said. “They are all proof that truly outstanding citizens are amongst us every day often working behind the scenes to improve the world one piece at a time.”

Maryanne Arena is the director of Fine and Performing Arts at Genesee Community College. She may not always choose the more popular “glitzy and glamorous” productions for the college’s Forum Players, but her work always encourages students to dig deeper and explore the unpopular, such as empowerment and racism issues.

Maryanne supports diversity in her initiatives, philosophies and programs, nominator Cathy DeBellis said, and continually proves her commitment to racial justice and support of YWCA’s mission to empower women and eliminate racism.

“I applaud Maryanne for encouraging her students to develop their own work and for giving them the opportunity for their voices to be heard by others,” DeBellis said. “Maryanne believes that it is her social responsibility to encourage her students to grow, not just as students and performers but as responsible individuals in our society.”

Theresa Asmus-Roth began her work as a Genesee County rape crisis coordinator in 2001 before being promoted to supervisor of the entire GLOW region of Genesee, Livingston, Orleans and Wyoming counties. She has been a “tireless advocate” for victims of sexual assaults in her roles as direct service provider, community educator, victim advocate and coordinator/supervisor of services.

“Theresa has demonstrated her ability to positively impact our local community as well as to influence regional and statewide causes,” nominator Anne Bezon said.

Asmus-Roth has served as: coordinator on the Genesee County Crime Victims’ Rights Week planning committee; president of Western New York Coalition for Crime Victims; board member of the state Office of Victim Services; and president of Batavia Kiwanis Club. She was a recipient of the 2012 state Mental Health Association Volunteer of the Year Award and 2014 Kiwanis Club’s Criminal Justice Award and is president of Genesee County Inter-Agency Council.

Lawley Genesee Insurance and Risk Management has continually fostered empowerment and advancement to the women in its workforce. As a part of Lawley Service, Managing Branch Partner William Fritts has been a “tremendous source of encouragement and support, and has created an awesome environment for employees to develop and grow,” according to an agency staff member. Employees are given that extra nudge to continue their education and certifications, and are supported with tuition cost, expenses, and personal time to develop their credentials. Women are also given the opportunity to fill nontraditional roles and have a strong leadership voice. Lawley Genesee is a vibrant member of the community and truly promotes social consciousness and awareness with its multiple team efforts to support governing boards, not-for-profits and various charities.

If you look up the definition of peace in the dictionary, there would be a picture of Kathy Panepento next to it. For the past 17 years, Kathy, a founder of Crossroads House, has taken the mission of comfort care from a vision to an organization that has helped more than 400 area residents make the final journey from this world to the next.

With a knowledge of palliative care, a compassionate heart and a passion for giving people both comfort and control in their last days, Kathy has eased the transition for so many, Crossroads House Executive Director Jeff Allen said.

“As a society we are blessed with an abundance of resources on how to birth and nurture our newborns yet there are precious few resources on how to nurture and usher out our dying,” Allen said. “Meeting all the needs of a dying person requires a person to be doctor, nurse, pastor, counselor, caretaker, aide, cook and custodian. In addition to fulfilling all those roles in some way or another, Kathy has trained hundreds of volunteers over the years to carry on the mission of comfort care.”

Eve Hens has earned the Economic Empowerment Award for her efforts to empower women and girls as a leader of Business Education Alliance. This year BEA offered a Girls’ Engineering Exploration Day so that young women could learn more about the field of engineering, specifically focusing on the skills, education and work habits of successful engineers.

“It was an amazing experience to see girls solving complex problems while working in teams and being proud of their abilities and aptitude,” said her nominator Alexander Middle/High School Principal Shannon Whitcombe. “Eve should be commended for her efforts to empower women and girls to reach for and achieve their goals.”

Whitcombe has also been impressed with Heather Cummings, who she thinks deserves the Military/Veteran Award for her work as an active member of the Air Force Reserves and superintendent of the Air Force Chaplain’s Office. Heather is on call 24-hours-a-day, seven-days-a-week to provide support and assistance for veterans in need. She recently worked with the family of an Air Force veteran who passed away, leaving the family devastated from the loss. Heather and her colleagues provided family members with the support they needed to get through one of the most difficult times in their lives.

“This is just one example of many that represents her commitment to her military family,” Whitcombe said. “Heather gives 100 percent to everything that she does. She will do whatever it takes to ensure that our veterans have the support they need and the respect they deserve.”

The awards will be presented during the 2015 Women of Distinction Awards Gala June 13 at Genesee Community College, 1 College Road. Hosted by William Hochul, U.S. Attorney for the Western District of New York, awards are to begin at 5:30 p.m. in Stuart Steiner Theatre, to be followed by an elegant grazing station dinner at 6:30 in the Forum.

Tickets are $40 and include program, dinner, entertainment and entry to win a door prize. Tables of 10 for $350 and special sponsorship opportunities are also available. For more information, call (585) 343-5808.

On Monday, members of the Elba community met in the crowded auditorium of Elba Central School to discuss a controversial cost-cutting budget that will reduce the positions of seven teachers and staff members.

The proposed budget for 2015-2016 will eliminate a guidance counselor, librarian, academic intervention service (AIS) math teacher, and an English Language Learner (ELL) teacher. It will also eliminate three teaching positions in Spanish, social studies and gym.

Elba has seen a $1.5 million budget reduction since 2013.

The new program at the high school would assign one guidance counselor at the high school and use a school psychologist to assist with counseling. Some students in Spanish would have to take a French class to earn an Advanced Regents Diploma. Staff members would supervise students in the library and students would no longer be permitted to use it during Study Hall. Gym class would increase from 17 students to 25.

At the elementary level, AIS math and English would be taught by homeroom teachers and teaching assistants. The focus at the elementary school was to maintain 15 students in each class, thereby keeping class size small.

“These are hard times and we have to make some tough decisions,” Scott Kaperman, principal of Elba Elementary, said. “The budget has been developed to put the focus on your child.”

Some parents, teachers and members of the community did not agree with Kaperman’s statement.

“I thought our motto here at Elba was, ‘students first,’ ” guidance counselor Chad Agen said when he addressed the Board of Education.

Agen and the other guidance counselor, Kelly Carlie, voiced just how important their jobs are at the schools. The two of them expressed concerns about bullying, suicide threats and other mental issues that some students have. Together, they help students apply for colleges and write letters of recommendation. They are worried that one guidance counselor would not be sufficient for the needs of all the students.

One of the biggest concerns expressed on Monday was the loss of AIS teachers.

“Why do we continue to cut our support for our remedial students?” asked Julie Maderer, K-12 reading teacher at Elba. “All students do not have the same problem and AIS is not a one-size-fits-all solution.”

Parents echoed Maderer’s concerns. They also expressed fear for how the 37 ELL students will do with only one teacher to help them. Nineteen percent of Elba students are Latino or Hispanic.

Christopher Salinas, principal of the secondary school, argued that students who have special needs will always coexist with their peers and it is the school's job to prepare them for life. Parents, however, said they feel the students are all being lumped together and it isn’t necessarily fostering success.

“If you ask the parents of the kids who need help, if you ask the parents of kids who are in the middle, if you ask the parents of the kids who excel, they would all agree that something is being taken away from all of the students,” parent Lori McClurg said.

Press release:

The legacy of the late William F. Brown Jr., noted Batavia author, broadcaster and journalist, will live on through a scholarship established by The Jerome Foundation, a not-for-profit organization that distributes funds to benefit United Memorial Medical Center and other health-related purposes.

The William F. Brown Jr. Memorial Scholarship, an annual $1,000 grant, will be awarded to a deserving high school senior residing in and graduating from a school in Genesee County whose intention is to pursue at least a four-year degree in the fields of Journalism, Communications, or Public Relations (in print, radio, television or digital media).

Brown, who died on Nov. 29, 2014 at the age of 91, was the former owner and president of WBTA Radio, a longtime correspondent for The Buffalo News and a frequent contributor to The Batavia Daily News.

An expert on Genesee County history, he wrote numerous books and articles on notable people and events, including the unsolved Linden murders, Batavia Downs, Redfield Parkway and the Mancuso family.

He also was president of the board of directors of the former St. Jerome Hospital and a charter member and trustee emeritus of The Jerome Foundation.

“Bill Brown contributed greatly to the quality of life in Genesee County through his writing, and as a member of numerous community and civic organizations,” said Justin Calarco-Smith, board president of The Jerome Foundation. “He enriched our lives and we hope to be able to continue that spirit of giving with this scholarship that honors his memory.”

A committee of directors from the foundation will judge the scholarship applicants based upon academic merit, creative accomplishment, community service and leadership.

Applications are available at guidance offices at the nine Genesee County high schools or by contacting Martha Spinnegan, administrative assistant for The Jerome Foundation, at gspinneg@rochester.rr.com.

The completed application must be mailed to The Jerome Foundation, P.O. Box 249, Batavia, NY, 14020, and postmarked by May 8 to be considered.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today blasted Assembly Majority members for holding legislation he sponsored in the Committee on Higher Education rather than bringing it to the floor for a vote. In 2009, Hawley introduced Assembly Bill 3093, which seeks to provide free college tuition and expenses for dependent family members of military personnel who lost their lives in the line of duty. The Assembly Majority has never allowed this bill to leave committee and come before the entire house for a vote.  

“I am discouraged by today’s committee vote,” Hawley said. “As a veteran, I know the personal and financial struggles of children who lose their parents in the line of duty. This legislation would lift some of the financial burden that comes with attending college and allow military families more freedom in pursuing their educational aspirations. We owe it to those who have paid the ultimate price to assist their loved ones in any way we can. It is disappointing that Assembly Majority members do not feel the same urgency to support those who sacrificed their lives for us.”

Hawley is a veteran of the Ohio Army National Guard and U.S. Army Reserves. He has consistently and thoroughly advocated for veterans during his time in the Assembly and currently serves as Ranking Minority Member of the Assembly Committee on Veterans’ Affairs.

TED Talk: Steven Pinker on violence

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Press release:

For the third year, in a row City of Batavia Firefighters IAFF Local 896 will be raising funds to provide children in the City of Batavia with brand-new 100-percent American-made winter coats.

Firefighters partnered with the national non-for-profit Operation Warm in 2013 and held the first ever successful Operation Warm coat campaign in New York State associated with the International Association of Firefighters. Since 2013 City firefighters have distributed more than 125 brand new 100-percent American-made winter coats.

For the second year in a row, Local 896 will be raffling off a N6A Sam Houston leather helmet along with four other prizes. All proceeds will benefit the 2015 Firefighters for Operation Warm campaign with a goal of 200 coats for local children. Drawing held Saturday Sept. 5.

City of Batavia Firefighters IAFF Local 896 would like to thank everyone who has supported this great cause over the last two years. For more information please contact Adam Palumbo at apalumbo@batavianewyork.com or visit www.operationwarm.org/batavia

The former owner of the Batavia Nursing Home is facing a new federal charge after being indicted on a count of bankruptcy fraud by a federal grand jury.

Marc Korn, 58 and a resident of Amherst, is accused of making false statements under oath during a bankruptcy proceeding concerning the ownership of safe deposit boxes. He is also accused of failing to disclose life insurance policies transferred to another person and concealing assets from creditors.

Korn was already under federal indictment on charges of wire fraud, bank fraud, and failure to pay employment taxes, as well as making false statements to law enforcement.

That indictment was issued in 2011, at a time when Korn was under fire for reportedly failing to pay his Batavia employees.

All told, Korn is facing as much as 30 years in prison and more than $1 million in fines or both.

He's scheduled to go to trial on the first set of charges May 20.

Otto Charles Reinhardt, 48, of Clarence Center Road, Clarence, is charged with disruption of a religious service, criminal mischief, 4th, harassment, 2nd, trespass, assault, 3rd, and criminal contempt, 2nd. Reinhardt allegedly disrupted a religious service at 2:54 p.m. Sunday at 282 Broadway Road, Darien, and punched several people. He allegedly damaged personal property. He had allegedly been previously barred from the property. At 12:03 a.m. Sunday, at another location on Broadway Road, Darien, Reinhardt allegedly violated an order of protection out of Erie County Family Court. He was also charged with trespass related to that incident. He was jailed on $2,500 bail.

Joseph Christopher Downs, 43, of Knowlesville Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Downs was arrested following the report of a single-vehicle accident at 8:10 p.m. April 12 on Fox Road, Oakfield. The accident was investigated by Deputy Kevin McCarthy.

In front of a filled courtroom and his family Durin B. Rogers, Esq., was sworn in as Batavia City judge this morning.  

Genesee County Court Judge Robert C. Noonan sworn in Judge Rogers as his wife held the Bible for them.

In a brief statement afterward, Judge Rogers thanked his family, the Batavia City Council and the employees of the court system, saying “I thank all of you and look forward to seeing you soon. ... Just not in court for a speeding ticket.”