Last week the New York State Health Commissioner issued an order prohibiting products that fall under the umbrella heading of “synthetic cannabinoids” from being sold in the state. These are items sold as “incense” and not for human consumption yet are often smoked as a substitute for marijuana.

Jay Lang, owner of The Laughing Buddha in Batavia, and his attorney say they believe the ban violates two forms of retailers' constitutional rights, one of which falls under the category of interstate trading. 

"After the ban, health department officials stopped by 'The Buddha' but we had already pulled our products that were questionable," Lang said. "I called my attorney and the legal team of the distributors, we all believe that the ban violates the individual rights and the rights of the distributors."

Lang, who recently moved his shop to 238 Ellicott St., claims he did not sell any of the banned items but voluntarily pulled any questionable items from his shelf last Thursday after hearing of the new mandate.

"I don't sell 'Spice' or bath salts," Lang said. "I never have. I sell potpourri. It's the same thing as if you go to your arts and crafts stores or your Big Box retailers. It's just that tattoo and head shops have been put under a microscope."

The items on the state's banned list include K2, Spice, Galaxy Gold, and Mr. Happy.

According to Lang, "Spice" was the trade name given to K2, that was banned more than a year ago. Since then, the distributors have made changes to their products in an attempt to legalize them again, he said.

Although some of the products have regained legal status, they still carry the label "Spice." He said that "Spice" is currently being used as the slang name given to the damiana leaf after it's been sprayed with synthetic cannabinoids. It only gets the "Spice" classification once it is sprayed.

"None of the products that I sell have been sprayed with any form of cannabinoids, which is why these products are still legal to be sold," Lang said.
"My attorney and the distributor's legal team have advised me to put my products back on the shelf, although for the time being, I am keeping them off (the shelf)."

Lang, who said he has NYS certified lab reports that classify his products as potpourri, has also put together a package to work with the health department and law enforcement regarding the products in question.

"I'm inviting the health department and law enforcement to inspect my questionable products," he said. "I have sample kits that I put together for them and I will even pay to have my products tested to prove that they do not contain any of the banned cannabinoids and that all they are is potpourri."

If law enforcement and the health department do not express interest in the testing and validating his products as legal potpourri, Lang plans to restock his shelves with the products.

A possible grass fire is reported at 480 Lehigh Ave. in Batavia, "behind the water plant." City firefighters are responding.

UPDATE 2:52 p.m.: City fire is back in service.

Press release:

Genesee Community College's Earth Club, Student Activities Office, and College Village are joining forces again with Cool Kids to produce the 7th annual Cool Kids! ECO-Fest – a fun-filled, educational event that increases awareness of important environmental issues while celebrating Earth Day.

All portions of the event are free and open to the public and scheduled from 10 a.m. to 2 p.m. on Saturday, April 14 at the Batavia campus. Both indoor and outdoor activities will be happening throughout the four-hour event, which winds down with the Eco-Raffle of great green prizes, including the Grand Prize -- a 21-speed mountain bike provided by Adam Miller Toy & Bicycles. (You must be present to win.)

Many of the popular eco-opportunities will be back, such as collecting residential e-waste, worn American flags, rubber sneakers, plus the Inflation Station with Sloat Tires, as well as the Wildlife Educators Coalition and a full display of worldwide artisans' work from One World Projects.

But there are also be some new green alternatives to explore and enjoy.

The largest and perhaps most dynamic new Cool Kids! ECO-Fest program in 2012 will be the live demonstrations of the "BigFoot Baler" happening on the west end of campus. This massive piece of equipment will be taking "ag plastic," which is the bale wrap, vegetable row covers, and bunk silo covers delivered by local farmers, and compacting the waste into 1,000-pound bales. These will eventually be recycled into plastic film, fencing, picnic tables, benches and other molded plastic items.

Without recycling, agricultural plastics end up buried on farms and nurseries, burned, or taking precious space in landfills. The BigFoot Baler has been made possible through NYS DEC and Cornell University's Recycling Agricultural Plastics Project (RAPP).

For scheduling efficiency in the compaction process, Conservation District Manager George Squires asks that all farmers participating in "ag plastic" recycling call the Genesee County Soil and Water Conservation District Office at 343-2362 before April 14. The BigFoot Baler requires the plastic to be free of mud and manure; soils, forage and stone should be shaken off and smaller pieces that can be handled by one person are preferred. GCC student volunteers will  assist with processing.

"Each year at Cool Kids! ECO-Fest, we try to introduce at least one major new initiative that explores the innovative facets of environmental sustainability," said Donna Rae Sutherland, Genesee's Earth Club co-advisor and associate director of Marketing Communications.

"Last year we began collecting worn American flags and demonstrating bird banding. Two years ago it was collecting rubber sneakers. This year, we welcome the BigFoot Baler! The annual Cool Kids! ECO-Fest leads the charge in helping everyone learn how they can play an important role, each and every day, in building a greener future. It's not hard. In fact it's fun and it really is 'way cool.' "

The bird-banding demonstration by Tom Klotzbach is also happening on the west side of campus near the college's Nature Trail. He is a local birding expert and researcher, as well as a GCC alumnus and employee. He is in the third year of a three-year bird-tracking project with more than 60 bird boxes located at GCC and on the western portion of the Ontario State Parkway.

The seasonal outdoor effort starts in early April when Klotzbach begins tracking various species of native and non-native birds. Through banding and biweekly nest box checks, Tom is collecting bird data such as age, sex, fat score and mass, which are used to study migration patterns with the U.S. Geological Survey.

The 7th annual Cool Kids ECO-Fest also includes more than 35 exhibits, presentations and activities, inside the college's forum and cafeteria. As in years past, hundreds of people of all ages are expected to attend the event enjoying environmental fun and educational opportunities, and the more green things they do – the more Eco-Raffle tickets they earn to increase their chances of winning the mountain bike.

Among the ways to earn Eco-Raffle tickets:

•    Donating residential e-waste or electronics such as old computers, monitors, calculators, TVs, VCRs, stereo equipment, video games, and microwave ovens (No other kitchen appliances, please.)

•    Donating paperbacks books for American troops overseas

•    Donating worn American flags for proper disposal by Sheppard, Maxwell and Hale

•    Getting your tire pressure checked by Sloat Tires Inflation Station

•    AAA mercury hood lamp switch-out (for 2002 or older cars)

•    Being an ECO-Fest volunteer

•    Wearing green

From kites to water bugs to tree saplings, eco-tips to digging fossils, treasured trash time or battery tests -- it's all free at the 7th annual Cool Kids! ECO-Fest.

Genesee Community College is also excited about two other Earth Day celebrations this spring emphasizing its commitment toward a greener future.

•    Street cleaning of R. Stephen Hawley Drive happens from 12:30 to 2:30 p.m., Thursday, April 12 with a post-cleaning pizza party sponsored by the college's Earth Club in the GCC cafeteria.

•    "Pillage the Village" from 11 a.m. to 5 p.m. on Thursday, May 10 is the end-of-year yard sale at College Village. The event is free and open to the public, and will be located near the Village Hall at College Village, 8170 Batavia-Stafford Townline Road in Batavia.

For further information on all college events contact Donna Rae Sutherland at 343-0055, ext. 6616, or email dsutherland@genesee.edu.

For more information on Cool Kids! and the list of "allowable recyclables," call The Cool Hotline at 637-3984 or www.generationcool.biz.

For a video on recycling agricultural plastic go to:

http://www.youtube.com/watch?v=i4wYB20HhHs&feature.related

Francis Scott Smith, 18, of 2435 Angling Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, failure to dim headlights and unlicensed operator. Smith was stopped at 1:45 a.m., Sunday, on Route 77, Pembroke, by Deputy Patrick Reeves.

A 16-year-old resident of Angling Road, Pembroke, is charged with aggravated harassment, 2nd. The youth is accused of making several threats by phone to harm another person.

A Batavia man is out of the hospital following a serious injury motor vehicle accident Friday on Route 77 in Sheldon.

Donald Rebmann, age not released, was transported to Erie County Medical Center by Mercy Flight with a head injury following the 4:46 p.m. accident.

According to the Wyoming County Sheriff's Office, another driver, Milesh Modi, of Mississauga, Ontario, Canada, was eastbound on Centerline Road when he allegedly failed to yield to a vehicle driven by Rebmann, who was northbound on Route 77.

Hetal Modi, a passenger with Milesh Modi, was transported by Mercy Flight to ECMC for back injuries.

A passenger in Rebmann's vehicle, Norman Rebmann, was transported by ambulance to Wyoming County Community Hospital.

Milesh Modi was taken by North Java Ambulance to WCCH for treatment of facial injuries.

Modi was issued a citation for alleged failure to yield.

The accident was investigated by Deputy John Button of the Wyoming County Sheriff's Office.

Democrat and Chronicle: Editorial on Sen. Maziarz bill

Press release:

A section of Route 77 (Allegany Road) in the town of Pembroke, Genesee County, between Route 33 and Cohocton Road will be closed beginning Thursday, April 5, for approximately four weeks in the southbound direction only. Northbound travel will not be impacted.

Crews will be replacing a culvert which is located just south of Cohocton Road. The schedule calls for the road to reopen in both directions by April 30.

Route 77 in the southbound direction will be closed between Cohocton Road and Route 33. A detour will be posted directing motorists to take Cohocton Road to Lake Road to Route 33 back to Route 77. A second culvert located closer to Route 33 will be replaced at a later date. The same detour will be used.

This work is part of a larger highway project to improve the condition of Route 77 from the NYS Thruway Interchange 48A to just north of Sumner Road in the towns of Pembroke, Darien and Village of Corfu, Genesee County.

The project entails widening the shoulders except within the village limits, replacing guide rails, extending culvert pipes, improving drainage, resurfacing the retaining walls under the railroad bridge, improving sidewalks, and modifying the entrance to Darien Lake Theme Park. A longer dedicated access ramp will be provided to store vehicles accessing the park which will improve traffic flow in the area. This work follows a 2009 highway project to mill and resurface the pavement on routes 77 and 33 and to replace signs.

The schedule calls for much of the work to be completed before Memorial Day. Remaining work will resume after Labor Day in the fall.

For real-time travel information, call 511 or visit www.511NY.org

A Georgia convict who fled parole in his home state, fled from police when they tried to arrest him in Batavia, attempted to strangle a fellow inmate in the Genesee County Jail and was accused of conspiracy to commit murder will serve a maximum eight-year prison term, Judge Robert C. Noonan ruled today.

Derick Barker, 26, previously pled guilty to possession of a controlled substance and strangulation, and both convictions carried a maximum sentence of four years in prison.

Noonan ruled the sentences would be served consecutively.

Barker came to Batavia in May 2011 with his brother Justin, a Batavia resident.

The two men were found in a hotel room in June where drugs were present. When Derick learned he was about to be arrested, he fled across the Thruway, which led to a State Police helicopter search of the area.

While in jail on the charges, Derick was accused of plotting a murder-for-hire scheme with his brother.

Justin eventually entered a guilty plea on that charge, but as part of a plea bargain, the conspiracy charge against Derick was dropped.

Assistant District Attorney Will Zickl, in asking for a lengthy prison term for Derick, noted Barker's previous criminal record and his propensity for violence.

Attorney Thomas Burns said his client acknowledged his mistakes and that while a probation report noted some anger issues, he said Barker never displayed anger during their meetings, although the news Burns had to deliver was rarely good.

"I never encountered anything but complete kindness," Burns said. "He's been as polite as a client can be. Derick has many fine attributes and a nice personality when he wants to put it to work."

Burns said Barker -- who has spent a decade in and out of the legal system -- didn't have a stable childhood and missed out on educational opportunities.

When asked to speak, Barker said, "Mr. Burns said it better than I could say it. I apologize for taking up so much of the court's time for my mistakes. There's nothing I could say but I apologize."

Noonan said given Barker's record and the seriousness of the charges, he thought the maximum sentence was appropriate.

"The deal you negotiated is the best deal you're going to get," Noonan said.

I ended up taking an unplanned drive this morning, straying further then intended, and then when heading back toward the city, I spotted our outdoor columnist Jim Nigro by the side of the road, with his camera in hand. I stopped to say hello and he invited me to join him at one of his favorite locations for a little nature photography.

Police are looking for information on a person who allegedly spray painted graffiti on a mailbox near the M&T Bank branch off Court Street, Batavia.

The suspect may be involved in several incidents of graffiti in the city.

The latest incident occurred at 6:45 p.m., Friday.

The suspect vehicle is described as a green, four-door, Honda Civic with New York license plates.

The alleged tagger is a white male.

Anyone with information is asked to call Det. Todd Crossett at 345-6353.

Press release:

Sheriff Gary T. Maha announced today that he will be seeking another term as Genesee County Sheriff.

Sheriff Maha has more than 45 years of experience in law enforcement and has been Genesee County Sheriff for over 24 years.  Sheriff Maha stated that “In all probability, this is my last term.” Sheriff Maha holds an associates degree in Police Science, a bachelor's degree in Criminal Justice Administration and is a graduate of the prestigious F.B.I. National Academy in Quantico, Va. He has attended numerous law enforcement and police management courses including the F.B.I. Law Enforcement Executive Development Seminar.

Sheriff Maha cites several accomplishments during his past term, including achieving accreditation of the Civil Bureau; achieving reaccredidation of the Law Enforcement Bureau and Public Safety Answering Point (9-1-1 Center). In addition, the Village of Le Roy consolidated dispatching services with the county, making one consolidated dispatch center for all police, fire and ambulance calls for service.

Several methamphetamine investigations were conducted within the county and those who distributed meth were arrested and prosecuted. The Sheriff’s Office took a zero-tolerance position on underage drinking and officers made 526 unlawful possession of alcohol arrests at Darien Lake during 2011.

Several hundreds of thousands of dollars in grant funding was obtained to purchase needed equipment for the Sheriff’s Office and for enhancing public safety. Sheriff Maha attributes many of these achievements to the dedicated men and women of the Sheriff’s Office and from the support of the Genesee County Legislature.

During 2009, Sheriff Maha served as president of the New York State Sheriffs’ Association and is currently vice chair of the State Sheriffs’ Association Executive Committee. He also serves as vice chair of the National Sheriffs’ Association Criminal Justice Information Services/Technology Committee and is a member of their Homeland Security Committee. The Sheriff is a member of the New York State Law Enforcement Accreditation Council, a governor’s appointment, and is a member of the New York State Interoperable Communications Board, as a senate appointment.  The Sheriff is also an active member of the New York State Executive Committee on Counter Terrorism. Locally, the Sheriff is chair of the Genesee County Traffic Safety Board; chairs the Genesee County Criminal Justice Advisory Council; is a member of the Genesee Community College Criminal Justice Advisory Board; and is a member of the Kiwanis Club of Batavia.

Sheriff Maha is the recipient of numerous awards and recognitions from various federal, state and local agencies and organizations. He is a lifelong resident of Genesee County and resides in the City of Batavia with his wife, Susan. They have two daughters, Catharine and Kelly, and one grandson.

Amy Lynne Koch, 37, of Route 98, Alexander, is charged with grand larceny, 3rd, and petit larceny. Koch is accused of using information of her estranged boyfriend, who is incarcerated in state prison, to file both state and federal income tax forms. Koch allegedly created a bank account in both of their names so any tax refund money could be deposited in the account. Once the money was deposited, Koch allegedly withdrew the funds.

Timothy S. DiSalvo, 51, of 106 North St., Batavia, is charged with strangulation, 2nd, and two counts of harassment, 2nd. DiSalvo was allegedly involved in a fight with a family member at their business location on Harvester Avenue, Batavia. DiSalvo is accused of choking another person and shoving a female employee who tried to intervene to stop the fight.

Cheryl Lynn Vanelli, 52, of 2101 Main Road, Pembroke, is charged with DWI, driving with a BAC of .08 and failure to keep right. Vanelli was stopped at 2:42 a.m, Jan. 21, on Boyce Road, by Deputy Kevin McCarthy. Vanelli will be arraigned in Pembroke Town Court on April 17.

Veshaun D. Thomas Sr., 34, of 110 Bank St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 3rd, and suspended registration. Thomas was stopped at 2:40 a.m. Sunday by Officer Marc Lawrence.

Kyle David McNutt, 21, of Route 238, Warsaw, is charged with petit larceny. McNutt is accused of shoplifting $24.99 in merchandise from Kmart.

Gina Marie Glor, 18, of Route 238, Warsaw, is charged with petit larceny. Glor is accused of shoplifting $24.99 in merchandise from Kmart.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford was arrested on a warrant stemming from alleged events on Dec. 22. She was jailed on $200 bail.

Peter Joseph Gravante, 23, of Townline Road, Byron, was arrested on a warrant for driving with a BAC of .08 or greater. Gravante was taken into custody on a warrant out of Town of Batavia Court by NYSP in Monroe County and turned over to the Sheriff's Office.

Ryan Douglas Woodward, 22, of Vallance Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed for a curve, moving from lane unsafely and leaving the scene of a property damage accident. Woodward was allegedly involved in a motor vehicle accident while intoxicated on Route 19, Bergen, at 2:45 a.m. on Feb. 26.

Alexander Fire Department is responding to investigate a report of thick, black smoke in the area of Alexander and Dodgeson roads.

UPDATE 11:42 a.m.: The location is "the old Post Farm." The fireman on scene says "He's burning tires."

UPDATE 11:56 a.m.: The fire is out.

UPDATE 12:05 p.m.: Engine #7 is back in service. The location was determined to be 9568 Route 98.

UPDATE 12:17 p.m.: A representative of the New York Department of Environmental Conservation is now on scene to investigate the incident.

To LIKE Alex's Place and then register for the contest, click here.

A rollover accident with unknown injuries is reported in the area of 8100 Byron Stafford Road, Stafford.

Responders are advised to use caution on approach. Bridges on the east side of the county are reported to be icy this morning.

Stafford Fire Department and Mercy EMS responding.

UPDATE 7:29 a.m.: Vehicle is on its side in the roadway. The roadway is blocked. The bridge is iced over. Mercy EMS asked to respond as a precaution. The driver is out of the vehicle.

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A vehicle -- likely a 2008 or newer Chevy Silverado -- struck a fence in front of 239 East Ave., Batavia, knocking down more than 100 feet of the fence, according to Batavia PD.

The car came to a stop in a hedgerow and then left the scene.

The Silverado is believed to be an extended cab model with front-end and rear-end damage.

The collision occurred some time between Friday evening and Saturday morning.

Anybody with information that may assist in the investigation is being asked to contact Officer Marc Lawrence at <mlawrence@batavianewyork.com>.

A head-on collision has been reported in the area of 6928 Telephone Road, Pavilion.

There is one person reporting arm pain and possible entrapment.

Pavilion Fire Department and Mercy EMS responding.

A first responder reports one minor injury.

UPDATE 4:59 p.m.: Pavilion assignment back in service.

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The Pellegrino Auto Sales White Lightning are the 2012 Batavia Men's Hockey League champions after beating the Alabama Hotel Ducks this morning, 6-3.

Goalie Scott Fauth was the game's MVP.

To purchase prints of these photos, click here.

Paul Dibble, above, with Chief Randy McIntire, was named Firefighter of the Year for the Town of Batavia at the department's annual awards and installation dinner tonight.

Robert Mullen, top picture below, was honored for 233 calls in 2011, the most of any member of the department.

In all, the department responded to 294 calls (98 were false alarms).

Department members completed 2,738 training hours, and in all members gave the department 5,419 hours for calls and training. At the average $50 an hour of a paid personnel department, the town saved $270,000 over what it might have spent, McIntire said.

Line officers for 2012 are Chief McIntire, Deputy Chief Paul Barrett, First Assistant Chief Daniel Coffey, Second Assistant Chief Nathan Fix, Captain Christopher Long, Lieutenant Robert Tripp, Safety Officer Robert Hunt.

Corporate officers: President John Fitzsimmons, VP Dustin Holman, Secretary Ryan Palmer, Treasurer Donald Koziol, and directors are Robert Mullen, Daniel Jacques, Jeremy Hunt, Tim Yaeger and Steve Coburn.

Assemblyman Steve Hawley served as master of ceremonies.

Justice Mike Cleveland conducted the installation of officers.

Highway Superintendent Tom Lichtenthal spoke briefly about the department's master plan.

McIntire with the plaque that displays the names of department members with the most training hours and calls.