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Photos: DWI accident demonstration at Oakfield-Alabama

By Howard B. Owens

The Oakfield Fire Department, along with Alabama fire, Mercy EMS and the Sheriff's Office staged a DWI fatal accident at Oakfield-Alabama Central School on Thursday night to demonstrate for students what happens at a serious motor-vehicle accident scene. The demonstration went along with a message about the dangers of drinking and driving and texting while driving. The State Police also provided a demonstration on what happens in a rollover accident to people who aren't wearing a seat belt.

Students participating in the drill as accident victims: Beth Johnson-Walsh, Arielle Thompson, Casey McVay and Jaden Ohlson.

If you are unable to view the slide show below, click here.

Michigan resident accused of dealing crack in Batavia

By Howard B. Owens

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.

Oakfield-Alabama names new school superintendent

By Howard B. Owens

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.

Community Report Cards released: Genesee is a regional leader in tourism, but more kids live in poverty

By Billie Owens

Press release:

In March, ACT Rochester released its 2012 Community Report Card, which showed how well the seven-county region compares to New York State in education, health, housing and nine other areas.

Today, ACT Rochester released individual report cards for Genesee, Livingston, Monroe, Ontario, Orleans, Wayne and Wyoming counties. These County Report Cards indicate how each county is faring in the same 12 topic areas compared to the state and the extent of long-term progress each has made since 2000.

“We got a clear message from the more than 225 people who attended our Community Report Card event that while the regional report was eye-opening, more county-specific information was needed to drive action,” says Ann M. Johnson, ACT Rochester program director.

The County Report Cards aggregate data from more than 100 community indicators at www.ACTRochester.org <http://www.ACTRochester.org> and use symbols, colors and arrows to provide a quick, at-a-glance overview of the well-being of each of our seven counties. This data cover the topics of Arts, Culture and Leisure, Children and Youth, Community Engagement, Economy, Education, Environment, Financial Self-Sufficiency, Health, Housing, Public Safety, Technology, and Transportation.

Genesee County has relatively low crime, affordable housing and it is a regional leader in tourism. Young people are doing well on several measures: pre-kindergarten participation has increased, graduation rates are high, cases of Persons In Need of Supervision (PINS) are down, and high proportions of youth report healthy community involvement. However, areas of potential concern include increases in children living in poverty, car crashes involving alcohol and people seeking substance abuse treatment.

Some specific examples include:

•       Tourism spending in all counties in the region fell since 2005, but Genesee's rate ($1,570 per resident) remained the second highest, with only Ontario County attracting more tourism dollars per capita ($1,670). Genesee also had the highest recreation spending per resident in the region, at $182 in 2010.

•       Genesee County's average salary, adjusted for inflation, has been rising since 2004. In 2010, the average salary of $33,820 represented an increase of 7 percent since 2000. This growth was similar to the state’s growth, and well above the regional growth rate of 1 percent.

•       Although poverty rates increased across the region, Genesee County experienced the greatest increase of all the counties, rising from 8 percent to 14 percent. The national and state rate is 14 percent.

Overall, all seven counties are performing better than New York State in Education and Housing, with six performing better in Children and Youth, Economy, and Financial Self-Sufficiency. In Community Engagement all counties except Monroe lag New York State.

When reviewing long-term trending, most of the counties are either making improvements (more than 1 percent) or results are unchanged. Only Transportation has improved by more than 1 percent (indicated by "up" arrows) in all seven counties. In the area of Education, all but Wyoming County has shown progress. Progress in the areas of Community Engagement, the Economy, and Housing is deteriorating by 1 percent or more across all seven counties.

“With these county report cards now available, we encourage neighbors and community leaders to locally and regionally work closely together to change what is not working and build on what is,” says Tom Argust, chair of ACT Rochester’s Advisory Committee.

ACT Rochester is a joint project of Rochester Area Community Foundation and the United Way of Greater Rochester. Data for these Report Cards and all data on ACTRochester.org is compiled and updated by the Center for Governmental Research.

To find the the Genesee County Report Card and County Profile, visit www.ACTRochester.org <http://www.ACTRochester.org>, click on the "Our Community" tab at the top and then select Genesee County.

Sponsored Post: City Slicker's is now open in Downtown Batavia

By Press Release

Batavia's newest All-American restaurant is now open -- City Slickers, at 59 Main St. (the former South Beach location) -- featuring a completely renovated interior with original art and an Americana theme.

The menu is all new, too.

City Slicker's serves 24 different draft beers and there are 10 big screen TVs in the bar area.

The new menu offers a variety items, from steaks and ribs, rotisserie chicken, and cheeseburgers, to quesadillas and a large selection of salads.

Be sure to try the Freedom Fries!

Join the fun on select evenings for City Slicker's upbeat piano bar of Americana and Southern Rock music.

FRIDAY NIGHT: From 7 to 11 p.m., Wes Chapman on piano and starting at 11 p.m., MTV's Johnny Bananas will be at City Slicker's for pictures and autographs.

SATURDAY NIGHT: Wes Chapman is back at the piano from 7 to 11 p.m.

And, The Patio is Open! Come on Down!

City residents can get rid of bulky items curbside with collection stickers

By Billie Owens

Press release:

As part of the its Strategic Plan for Environmental Sustainability, the City of Batavia is conducting a bulk item pickup for residential properties. Residential properties will receive two (2) yellow special bulk item collection stickers in their next quarterly water bill.

The stickers may only be used between JUNE 1st AND OCTOBER 1st, 2012 for the disposal of bulk items on regularly scheduled garbage days.

During the city-wide limited bulk pickup program only ONE sticker is necessary for the disposal of one bulk item such as a couch, appliance or dresser that would normally require two (2) orange stickers. Residents are asked to place the bulk item with the sticker securely affixed to it at the curb/parkway on their regularly scheduled garbage day.

If there are any questions please contact either the Bureau of Inspection at 345-6345 or the Department of Public Works at 345-6325.

Last member of hotel drug trio given chance at reduced plea

By Howard B. Owens

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.

Photos: Pre-schoolers tour fire station

By Howard B. Owens

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.

Man accused of endangering others when firing rifle into wooded area off Wortendyke Road

By Howard B. Owens

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.

Ranzenhofer announces support for 'job creation plan'

By Howard B. Owens

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.

Accident with injuries reported on Route 33 near Wilkinson Road

By Howard B. Owens

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.

Bellavia knocks Collins for cribbing ideas from former congressional reps

By Howard B. Owens

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.

Two people injured on Route 77 when car turns into passing truck

By Howard B. Owens

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)

ATV struck by bullet while being riden off Wortendyke Road

By Billie Owens

An ATV was reportedly struck by a bullet from a high-powered rifle while it was being driven near the railroad tracks off Wortendyke Road in the Town of Batavia. A caller who lives on Wortendyke reported seeing the shooter running toward a nearby trailer park. Law enforcement is attempting to locate the shooter.

UPDATE 4:43 p.m.: Deputies have located the suspect and are speaking with him now.

Grand Jury Report: Six felonies filed against man accused of stealing and using credit cards

By Howard B. Owens

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.

Total amount of restitution still undecided for Bergen nurse who stole money from employer

By Howard B. Owens

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.

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