The Daily Caller: Rural kids, parents angry about Labor Dept. rule banning farm chores

The Moderate Voice: Is The Obama Administration Intervening In Farm Chores?

Passing down Gilhooly Road late this afternoon, I spotted these two trees on the side of a hill and thought they were pretty interesting.

A former Thorpe Street resident who was convicted of breaking into the unoccupied Maple Street apartment of a man jailed on drug charges was sentenced to eight years in prison today.

Eric P. Doleman, 41, pled guilty in February of second-degree burglary and first-degree aggravated unlicensed operation of a vehicle.

Doleman will serve one-and-a-third to four years concurrently on the aggravated unlicensed operation charge, and after his release from prison he will be under court supervision for five years.

The convictions stem from breaking into the home of Edward R. Freida on Dec. 29. Doleman entered the apartment through a window while his accomplice, Frederick H. Robidoux Jr., waited outside. A neighbor spotted the men loading up a truck with items from the residence and reported this to police. Robidoux was sentenced last week to six years in prison for attempted burglary.

Freida, who is still in jail, was allowed to speak at today's sentencing. Wearing an orange jail jumpsuit and in shackles, Freida asked Genesee County Court Judge Robert C. Noonan to impose the maximum sentence allowable -- eight years.

"I treated this guy like family," Freida said with a clear, emphatic voice. "I gave him food and a place to crash. I'm in jail and then he turns around and robs me."

Then a man in the gallery, who told an attorney he was Doleman's brother, yelled out to Freida "You did your own crime. Did the DA give you a plea deal?"

Noonan asked the man if he wanted to stay in the courtroom and be quiet or leave. The man said he wanted to stay. A deputy walked over to the man and stayed there for the remainder of the sentencing.

"I would not be in jail if not for the defendant," Freida continued.

The judge said he would not consider the statement in determining Doleman's sentence.

"I am not imposing sentence in any fashion because of Mr. Frieda's comment that he's incarcerated because of Mr. Doleman," Noonan said.

Defense attorney Terry Falk asked for the minimum prison time allowable in this case, five years. He said Doleman has never before been convicted of a Class E felony, only misdemeanors, and that the defendant has been cooperative with law enforcement agencies.

"His mother is 64 and she has COPD, and she has fluid around her heart," Falk said, adding the obvious -- that the chance that Doleman's mother will die while her son is in prison increases with a longer sentence.

The matter of restitution was debated and Falk said that although the DA's office requests around $4,000 only $292 can be documented as the material loss resulting from the crimes.

The judge told Falk that the approved plea agreement states that the restitution the DA asked for would be ordered or the DA could withdraw his consent for pleading guilty.

Thus, the defense consented to restitution of $3,810.31, for which Robidoux is jointly responsible.

When asked if he wanted to speak before sentencing, Doleman said "I apologize beforehand. I will be a good citizen upon my release."

The judge was disinclined to believe him, citing Doleman's lengthy history of run-ins with the law.

"You have a very consistent record of breaking the law -- for 20 years," Noonan said, adding that Doleman's lawyer "negotiated a good deal."

An Oakfield child molester who pled guilty to third-degree burglary last month was given a three- to six-year prison sentence this afternoon by Genesee County Court Judge Robert C. Noonan.

In addition, Steven A. Mullen will concurrently serve a sentence of one-and-a-third to four years for failing to register as a sex offender after moving to a new address.

He was given the maximum sentence possible under a plea agreement with the District Attorney's Office. (Although he's a two-time felon, the first-degree sex offense could not be considered for sentencing purposes with regard to the burglary charge.) No restitution or fine was included in the deal.

"Mr. Mullen has a brief criminal history -- only the child molestation conviction before now," said Assistant Public Defender William Harper. "He had a terrible upbringing. He was the victim of sex abuse from multiple offenders."

Harper noted that his client "somewhat understands" how his family history has impacted his judgement.

"He makes poor choices, he acknowleges making poor decisions and knows that his actions affect others," Harper said before asking for the minimum sentence allowable.

When the judge asked Mullen if he had anything to say to the court, the slightly built 25-year-old spoke only of the failure-to-register conviction.

"I knew better, on failure to register, I knew I had 10 days," Mullen said. "I'm only asking the court to be lenient for my family, not myself."

Noonan was not swayed, saying multiple crimes have been committed because of one man's poor choices.

"I can't see that anything else should be afforded you," Noonan said before making his ruling.

Several supporters sat in the gallery behind the defendant and one woman wept softly as the sentence was handed down.

In 2004, Mullen was convicted of first-degree sexual abuse and served two-and-a-half years in prison.

Mullen was arrested earlier this year after an alert neighbor on Weatherwax Road in Oakfield reported a burglary in progress. He has been in Genesee County Jail since his arrest Feb. 16 and subsequent conviction on third-degree burglary.

While the weather on Monday and Tuesday was a bit of a curveball for man and beast alike, by first light on Wednesday the sound of upbeat chirps and warbles once again emanated from the woods out back.

While the robins, cardinals and noisy flickers were all on hand, it was the bluebird that caught my attention. Unlike past encounters, the male, though it flitted from time to time, never strayed too far, allowing me to take its picture.

Shortly thereafter he was joined by this female.

While trying to focus on the male, I inadvertantly left her head out of the frame.

Meanwhile, in the front yard a lone chirping sparrow appears to be searching for a meal. 

It wasn't alone for long, as two others flew in to claim dibs. It's always nice to hear and see the songbirds, and good to see the sun shining again.

Press release:

Artisan dairy manufacturer Alpina Foods has announced its yogurts will be available at Tops Friendly Markets, a leading grocery retailer in Upstate New York State and Northern Pennsylvania. The supermarket chain will carry Alpina Revive Greek Yogurt and Bon Yurt by Alpina at all Tops Friendly Market locations starting this month.

“We are excited to see our products on the shelves at Tops Friendly Markets,” said Alpina Foods General Manager Carlos Ramirez. “This relationship allows us to expand the availability of our yogurt as the demand for quality dairy products increases and the construction of our Batavia, New York dairy manufacturing plant nears completion.”

“Tops is proud to be the first grocery retailer in the area to carry Alpina Foods’ yogurts,” said Cathy Shifflett, Tops VP Center Store Sales and Marketing. “At Tops Friendly Markets, we’re committed to partnering with local brands such as Alpina Foods to bring quality products into communities throughout New York and Pennsylvania.”

Alpina Revive is an authentically strained, all-natural and non-fat Greek yogurt that packs an impressive 15 grams of protein in every cup. It contains simple ingredients such as milk and active yogurt cultures, is low in sugar and carbohydrates, and contains no artificial ingredients, sweeteners or flavors. Alpina Revive is paired with one-of-a-kind, chef-crafted granolas in four blends: antioxidant, superfoods, tropical, and Chai spices. 

Designed for the kid in all of us, Bon Yurt by Alpina is a creamy, traditional-style yogurt rich in protein and calcium but with a bit of fun in the mix. Paired with timeless cereal favorites like frosted flakes, cocoa rice, fruit rings and cookie bits, makes Bon Yurt by Alpina sure to please both parents and kids.

We seemed to have gotten a little bit of spring back today and Monday's snowstorm and yesterday's hail doesn't seem to have done much damage to all the various flowering trees around the city.

Above, Richmond Memorial Library, and bottom photo, behind 400 Towers on Swan Street.

Press release:

Batavia Downs Casino is pleased to announce that its 27 million dollar expansion has been approved by the New York State Lottery. The expansion, which is slated to begin immediately, will consist of repairs to the roof, replacement of the facility’s neon sign with an energy-efficient LED one, and most notably, the facility’s second-story gaming floor will be brought down to ground level.

The project is expected to be one of the largest construction projects in Western New York this year.

“We are pleased to begin this long-anticipated project," said Mike Kane, president of Western Regional Off-Track Betting and Batavia Downs Casino. “The construction will create jobs both during the building of our new facility and inside the casino once the expansion is completed."

Since 2005, Batavia Downs Casino has contributed more than 107 million dollars to New York State Education through the lottery and more 71 million has been distributed to the 15 counties of Western New York and the two cities of Buffalo and Rochester.

"The expansion will add about 200 machines to the gaming floor, and we expect an increase in the yearly payments given back to the citizens of New York State," Kane said.

New restaurants will also be added to the facility.

“The Thurman Thomas Sports Bar will give local sports fans a new, unique place to cheer on their favorite teams while enjoying food, drink and local musical entertainment” said Director of Marketing Ryan Hasenauer.

The Tim Horton’s currently on the second floor would be expanded once it occupies its new space on the first floor. Batavia Downs Casino’s Ambassador will have his own space on-site as well.

Like he did in the rest of the state, Mitt Romney came out on top in Genesee County in GOP presidential primary voting Tuesday.

Of 984 ballots cast in the county, Romney garnered 455 votes, outpacing Newt Gingrich with 190 votes and Ron Paul with 135 votes.

Rick Santorum, who previously dropped out of the race, still picked up 114 votes.

Romney didn't win every precinct, however. In Ward 2, District 3 and District 8, Ron Paul picked up six votes to Romney's two.

In one of Alabama's precincts, Paul and Gingrich tied with four votes and Romney picked up three.

In one Bergen precinct, Gingrich outpaced Romney 10 votes to eight, and at one polling place in Darien, Gingrich came out on top with 12 votes to Romney's seven, and at one spot in Pembroke, the two candidates tied with 11 votes.

UPDATE 12:24 p.m.: A technical glitch held up results from Elba. Here they are: Romney, 16, Gingrich, 9, Paul, 6, Santorum, 1.

The death in February of a Batavia mother remains a mystery, but friends are organizing a fundraiser May 10 to benefit her children.

Alyce Huntoon, 24, was found unconscious in her car Feb. 8 and pronounced dead some time later.

Huntoon was the mother of two young children.

Det. Pat Corona said today that the investigation into her death remains active and investigators work on the case almost daily, mostly in interviews, tracking down information on every lead that comes into the police.

Toxicology results should be available within two or  three weeks.

Corona admitted that as an investigator it's frustrating to be gathering information without knowing the cause of death, which makes it harder to know which information is key and which is irrelevant.

Determining a cause of death will help focus the investigation.

The fundraiser May 10 will be at Tully's on Main Street, where Huntoon was employed at the time of her death.

Proceeds will benefit Ava and Maddy, Huntoon's children, according to Amanda Holley, who is helping organize the fundraiser.

It will include a 50/50 raffle and the fundraiser will last throughout the day, from 11 a.m. until 11:45 p.m.

Pretty much everything that was left of the apartment building at 26 Maple St., Batavia, which burned down Friday, was hauled away by work crews today.

Polls opened at noon, and as of 3 p.m., the polling place at the Holland Land Office Museum had a grand total of zero voters.

Jackson Street a short time later had two voters, but city fire was doing a bit better with nine voters and by 4 p.m., the poll at Robert Morris had 20 voters.

On the ballot, the three men still running for the GOP presidential nomination -- Mitt Romney, Newt Gingrich and Ron Paul -- plus Rick Santorum, who is officially out of the race.

Polls close at 9 p.m

If you're a registered Republican, you can vote.

Three people are being taken to UMMC following the detection of unsafe levels of natural gas in their home on Ellicott Street in the City of Batavia.

One patient is a 25-year-old man who is complaining of a headache and nausea. An 18-year-old woman also complains of a headache and a 1-year-old girl seems fine and will be evaluated. They are all being given oxygen.

City firefighters and Mercy medics responded following a report of CO detector activation. Upon arrival, they found levels of 60 ppm inside the home (didn't catch the exact address) and over 400 ppm in the basement.

National Fuel has been notified. No ETA given. Meanwhile, the gas line in the home has been shut off.

UPDATE 2:33: The home has been ventilated. City firefighters are back in service.

The public is encouraged to take part in the National Prescription Drug Drop Off from 10 a.m. to 2 p.m. this Saturday, April 28. No questions asked. All medications -- both prescription and over-the-counter -- will be accepted from residents.

In Genesee County, the drop-off sites will be as follows:

• Batavia Police Department -- 10 W. Main St. in the City of Batavia
• Le Roy Police Department -- 3 W. Main St. in the Village of Le Roy
• Pembroke Town Hall -- at the junction of routes 5 and 77 in Pembroke

According to the Center for Disease Control, prescription drug abuse is a national epidemic. In Western New York, prescription pill abuse is the No. 1 drug problem.

Law enforcement agencies, healthcare professionals and drug-abuse prevention groups want you to "Keep unneeded, unwanted medications out of your children's hands."

The Downtown Spring Carnival for 2012 has been cancelled.

Originally scheduled to be held this year in the parking lot adjacent Alva and Bank, the carnival has fallen victim to weather.

The Fun for Everyone Shows troupe has been unable to leave Florida and won't be able to make it to WNY in time for the carnival, which was set for April 25 through 30.

A 31-year-old Hutchins Place resident is accused of defrauding the Department of Social Services out of more than $17,000.

Deborah Schramm, of Batavia, is accused of submitting various forms from February 2011 through August 2011 for medical assistance and food stamps she allegedly wasn't qualified to receive.

Schramm is charged with six felonies -- grand larceny, 3rd, and five counts of offering a false instrument for filing, 1st.

Some of the current residents of downtown apartments were surprised a couple of weeks ago to get a warning about parking on city streets or parking lots overnight.

City Manager Jason Molino said the warning is part of an effort to ensure only vehicles with permits are parking overnight, and that they're parking in recommended areas.

"We initially issued warnings to remind people there is no (overnight) parking and give them a chance to get permits," Molino said. "There have been no tickets issued at this point."

If a resident wants to park a vehicle downtown overnight (from 2 a.m. to 6 a.m.), he or she needs to get a permit from the city.

That permit costs $100 annually (raised recently from $50 per year).

The permit covers up to two vehicles.

When a resident receives the permit, the resident is asked to park his or her vehicles in specific areas, with other overnight parking, so that vehicles are grouped together.

Molino said this is particularly important during snow removal season.

With the city making a push for more apartments downtown, Molino was asked if there is adequate parking for more residents in the heart of the city.

There is, Molino said.

"If you don't have an overnight parking ability -- if you don't enforce it, or you don't have it -- then people can park overnight with any type of vehicle, whether it's a construction vehicle, farm equipment, those sorts of things," Molino said. "We've had requests from truckers or trucking agencies to park their big rigs overnight, which is just something we don't allow."

On the web: Batavia City Code

A proposal to merge the city and town of Batavia is moving forward and at the start of Monday's city council meeting, the Charter Task Force Committee presented its proposed city charter and timeline for public hearings and public vote.

Chairman Chad Zambito (above) made the presentation, telling council members that the committee settled on a council/manager form of government with ward representation combined with at-large council seats (much like the current City of Batavia).

There would be four wards and five at-large seats.

As initially proposed, the new city would have a tiered tax structure with the current city having a tax rate to help pay for current city services -- primarily fire and police protection -- and the current town having a separate tax structure to maintain its current level of service.

The timeline toward possible adoption:

• The town board and the city council must each pass a resolution asking Assemblyman Steve Hawley and Sen. Mike Ranzenhofer to introduce legislation to make consolidation possible;
• May 17, info session at the town hall;
• May 24, info session at city hall;
• May 31, public hearing;
• June 4, public hearing;
• June 11, public hearing;
• June 21, public hearing;
• In July, public input reviewed, documents edited and corrections made to proposed charter;
• August, revised charter introduced to city and town officials, city and town hold public hearings, city and town vote on charter and ballot initiative;
• September, ballot initiative must be submitted by city and town by Sept. 9;
• Nov. 6, Election Day and voters in both city and town can vote on ballot initiative.

If approved:

• Town and city boards, appointees and employees remain in place until Jan. 1, 2014;
• The task force recommends a consolidation committee be formed comprised of elected officials and residents from both the city and town;
• Election of new city council in November 2013, with at-large seats elected to four-year terms, and wards started with two-year terms (a four-year term election for wards starting in 2015).

Currently available documents related to the proposed consolidation can be found on the consultant's website.

A 70-year-old man from Gates was involved in a single-car accident Monday night that caused 231 National Grid customers to lose power for about four hours.

Morley J. Pray, of Ashton Drive, Gates, was driving southbound on Clipnock Road at 7:13 p.m. when his vehicle went off the west shoulder of the road for an unknown reason.

Pray was reportedly unable to get the 2004 Chevy pickup back on the road before striking a petroleum pipeline cap and then a National Grid utility pole in the area of 9455 Clipnock Road.

No citations were issued.

Pray suffered minor injuries, but did not require transport to a hospital.

The accident was investigated by Sgt. Greg Walker.