“Abortion is murder and it has become America’s holocaust … 60 million children,” said Connelly, a former Marine now confined to a wheelchair due to an ATV accident a few years back.

Connelly, who spoke during the public comment portion of the Conference Meeting at City Hall, said he had no political agenda -- “I’m not here as a Democrat or Republican, but as a man made in the image of God.”

He contended that City Council has the power to shut down Planned Parenthood and to make “Batavia a sanctuary for the unborn.”

“If we choose to neglect our responsibility, I truly fear for our nation,” he said, quoting from Isaiah 1:16-20, a passage from the Bible that warns against evil deeds and implores people to follow a path of righteousness.

Last Tuesday, Gov. Andrew Cuomo signed into law New York’s Reproductive Health Act, a far-reaching statute that removes abortion from the state’s criminal code and allows medical professionals who aren’t doctors to perform abortions.

Furthermore, the law permits abortions to be performed after 24 weeks if the fetus is not viable or if the health of the mother is at risk.

Cuomo came under fire from Roman Catholic clergy with some calling for the governor, a former altar boy, to be excommunicated from the faith.

Council member Rose Mary Christian applauded Connelly’s stance and urged the board to do something.

“Is there anything we can do to stop this atrocious thing in our city?” she asked, after bringing up the idea of a sanctuary city. “It’s the same thing (as fighting against illegal immigration) I’d like to have done for the right to life of our babies.”

After a brief discussion, Council President Eugene Jankowski, with consensus from his colleagues, directed City Manager Martin Moore to write a letter stating their opposition to this law and for it to be placed on next month’s agenda. Moore said he would wait for feedback from the public before drafting the letter.

Christian then made her feelings perfectly clear.

“He’s (Cuomo) a murderer period,” she said. “I don’t care how you slice it or dice it. He’s a murderer … period.”

In other developments, Council moved the following items to its Feb. 11 Business Meeting:

-- Scheduling of a pair of public hearings for 7 p.m. Feb. 25 that deal with the city manager’s proposed $27,494,132 budget for 2019-20 and the establishment of water rates, meter fees and capital improvement fees.

Moore’s budget calls for $5,251,607 to be raised by taxes, resulting in a tax rate of $8.96 per thousand of assessed valuation – the same as last year’s rate. That means that a house assessed for $70,000 would incur a tax bill of $627.20.

Water rates and meter fees are projected to increase by 3.5 percent while capital improvement fees are earmarked for a 10-percent hike.

-- Acceptance of “back pay” from New York State along with an annual increase in payments from the state in connection with an arterial maintenance agreement that will extend through 2049.

This supplemental agreement stems from the discovery that the City was underpaid for work it did to maintain state highways (routes 5, 33, 63 and 98) dating back to June 1994 and is not being reimbursed enough to cover its costs going forward.

As a result, the City will receive a one-time payment from the state for $218,539.88 to take care of the underpayments and now will be paid $183,017.40 annually, an increase of $6,500.

-- Authorization of two bonds to finance installation and construction of sidewalk and traffic signal improvements on State Street, Centennial Park, Washington Avenue, Bank Street and Richmond Avenue (pathways to schools), and to make water system and drainage improvements along South Main Street, Brooklyn Avenue and Union Street.

Costs of the sidewalk project are estimated at $1.1 million with 75 percent being paid through federal funding and the cost of the water system project is set at $913,000, which has been budgeted.

Afterward, during a Special Business Meeting, Council passed a pair of resolutions – one that accepts a $17,981 grant from the Genesee County STOP-DWI program for specialized patrols, training and equipment to combat impaired driving, and the other that executes a Community Development Block Grant of $50,000 for a feasibility study to evaluate the possible addition of a second ice rink at the Falleti Ice Arena on Evans Street.

A $5,000 local match was required for the CDBG, with funds provided by Batavians Paul Viele, Matt Gray, Steve Pies and Stephanie Call. Viele, a City Council member, recused himself during the vote.

City Council recognized Karen Benedict, left, for her nearly 20 years of service as records clerk for the Batavia City Police Department. City Council Member Patti Pacino, right, read a proclamation in Benedict's honor, and Benedict followed by praising the City's police officers for their dedication and professionalism. Photos by Mike Pettinella.

Photo of Maya at the shelter July 20, before her health returned and she was adopted.

A tearful, remorseful Becky L. Frens pled guilty this afternoon in Town of Batavia Court to one count of overdriving, torturing and injuring an animal and failure to provide proper sustenance in the case of her Labrador retriever mixed breed named Maya.

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. The maximum punishment is jail time of more than 15 days but not more than one year, and a fine of up to $1,000. As part of a plea agreement, Frens will serve no jail time nor pay any fine whatsoever.

She will pay restitution and, under supervision by Genesee Justice, volunteer 100 hours of community service work in the next 10 months, "obviously not at the animal shelter," said Batavia Town Court Judge Michael Cleveland.

A total of $116.84 in restitution must be paid to the nurse whose family adopted Maya, and $423.17 must be paid to the Volunteers For Animals to reimburse them for Maya's medical expenses while she was at the Genesee County shelter and in foster care awaiting a forever home.

Alba explained today that Frens took the dog into her home at 3475 Pearl Street Road in the Town of Batavia, even though it was not in good health, because it was her mother's pet and her mother was gravely ill.

First Assistant District Attorney Melissa Cianfrini said when Frens found herself in that situation, she realizes now that she made "honest mistakes" and "bad decisions."

"It's still your responsibility to take care of an animal once you assume responsibility for it," Cianfrini said.

When the dog was brought to the shelter by an animal control officer after neighbors called for help, a trooper happened to be there, Cianfrini said. The trooper was so alarmed at the animal's condition, that he went to Frens' home to see what the circumstances were and found other pets there who were healthy.

Doing too little, too late

Receipts for over-the-counter shampoos and treatments showed that some effort was made to help the ailing dog. But Cianfrini said Frens did not act as quickly as she should have and the dog's condition continued to deteriorate.

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and her uncut nails were so long they cut into the pads of her feet and hobbled her movement.

Cianfrini said the plea agreement "doesn't put everything back" as it should be.

"Maya is a beautiful dog and she's still on the mend," she said, at which point she praised the "great work" by many who made that mending possible: State Police Troop A -- Batavia Barracks; State Street Animal Hospital staff, particulary veterinarians Fran Woodworth and Gwendolyn Wollney; Animal Control Officer Ann Marie Brade; and the tireless Volunteers For Animals, who ferried Maya to and from the vet, walked her, fed her, loved her, comforted and aided her.

Attorney Alba offered no excuses for his client, other than to say when Frens had tried to call shelters to relinquish ownership of Maya, she was always told there was no space.

"She never intended to harm Maya," Alba said. "She never intended to do anything malicious. She's extremely remorseful."

When asked if she had anything to say on her own behalf, a shaky Frens, who wore gray suede ankle boots, black cargo pants and a blue-and-black diamond-print knit top, used boths hands to steady herself at the table in front of the judge.

"I feel so bad this happened," she said softly, crying and sniffling as she spoke. "I tried to take care of my mom. I should have taken (Maya) to the vet, but I didn't have the means at the time."

In accepting the plea deal offered by the DA's office, Judge Cleveland said both sides met in conference last month and this month, and he feels the plea deal they came up with is fair.

Cleveland said in cases like this emotions can overshadow the facts at first, but as the "wheels of justice grind slowly" the facts of the case come to the forefront.

Judge: justice has been served

"The purpose (of the plea) is not to please everybody," the judge said. "It's to do justice. With restitution, people were compensated. I'm glad to hear Maya is doing well. Justice has been served in my opinion.

"(The defendant) has pled guilty to the charge and accepted responsibility; she has not tried to get out of it. The public interest will not be served in any way by jail time."

Cleveland went on to emphasize that volunteering hours for community service is not punishment, nor is it intended to be; it is meant to serve the community -- just like scouting or 4-H.

"If all we do is take from the community, pretty soon there'll be nothing left to take," Cleveland said.

Meanwhile, Frens, who is in her mid-50s, has 30 days to file a written appeal of the adjudication.

Outcome: better than it used to be

For the Volunteers For Animals, the outcome, while perhaps not ideal, is more or less deemed "the best they could hope for."

Time was not long ago, according to some, that animal neglect cases like this never even made it to court.

Brenda Cromwell, who has volunteered at the shelter since 2001, said after court today that the first case she recalls that sparked comparable outrage was 10 years ago in Le Roy when Stanley the beagle was found dead and people wrote letters and got angry about his treatment.

"This is an improvement over how things were," Cromwell said. "It's probably the best that we can expect."

Still, Cromwell is saddened by Maya's case, which came to light on July 10 when the dog somehow managed to get out of the house and make its way down the long gravel driveway. There it was found by neighbors across the street, who said they were shocked and appalled at the dog's emaciated condition; they called dispatch to report their pathetic discovery.

"She was so beaten down, so broken, when she came to us," Cromwell said. "She was happy for any attention at all; she was so neglected. I think (Frens) gave up. That dog was totally neglected."

(Photo below of Maya taken on July 20, which is 10 days after she was first brought to the shelter. With her nails trimmed, she could manage to walk better.)

Links to previous coverage:

Batavia woman arrested by Troopers at shelter when she tried to reclaim her neglected dog

'Maya' recovering at animal shelter while former owner makes first court appearance on neglect charge

Batavia woman accused of failing to care for dog was a no-show in court today, and so was her attorney

Case of neglected lab 'Maya' delayed again so former dog owner can gather 'more documentation'

Case of Pearl Street Road woman accused of neglecting dog delayed until January

A house fire is reported at 6123 Cook Road, Byron.

It is apparently a chimney fire. 

Byron and South Byron dispatched. Bergen also dispatched.

UPDATE 7:16 p.m.: Flames showing. Second alarm requested.

UPDATE(S) (By Billie) 7:19 p.m.: It has gone to a second alarm. Stafford is asked to send one engine and one tanker to the scene; the city's Fast Team is called to respond and its fourth platoon is to report to headquarters.

UPDATE 7:35 p.m.: Byron and South Byron auxiliaries are requested to the scene.

UPDATE 8:15 p.m.: Bethany Fire Department is called to stand by in quarters.

UPDATE 11:31 p.m. (by Howard): All units back in service.

A two-car accident, with one car striking a utility pole, is reported at Transit Road and North Byron Road, Byron.

Power is reportedly out in the area.

No injuries are reported.

Byron and South Byron fire departments dispatched.

UPDATE 6:45 p.m.: Elba fire police requested to assist with traffic.

Downstairs has lots of room, great storage space and extra living /play area! Besides the attached garage, there is a great deep backyard with easy access to watching all the games! Easy to see! Call Lynn Bezon at Reliant Real Estate today 344-4663 or click for more details.

Batavia Oakfield Townline Road is being closed due to an accident that is blocking the roadway in both directions.

There are no injuries reported.

Oakfield Fire on scene.

A 38-year-old Ellicott Street resident has been indicted by a Genesee County Grand Jury on 10 criminal counts related to accusations that he forced a person less than 17 years old to engage in sexual activity.

The alleged crimes were first reported in October when Dale T. Young was arrested by Batavia PD and ordered held on $50,000 bail.

The counts against Young:

• Endangering the welfare of a child. In July, Young allegedly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child.
• Sexual abuse in the first degree. In July, Young allegedly subjected another person forcible sexual contact.
• Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
• Criminal sexual act in the third degree. In July, Young allegedly forced oral sex on the victim.
• Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
• Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
• Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
• Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
• Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
• Sexual abuse in the first degree. In October, Young allegedly subjected another person to forcible sexual contact.

Young is out of jail on bail.

Press release:

Today Henry F. Wojtaszek, president/CEO of Batavia Downs Gaming and Western Regional Off-Track Betting Corporation (WROTB), made the following statement regarding today’s proposed sports betting regulations by the New York State Gaming Commission.

“While we’re gratified the State Gaming Commission took the first step in authorizing sports betting in New York State, we think it’s important our million-plus customers and all Western New York sports fans and communities benefit from sports betting opportunities in their own back yard. Sports betting should be allowed at Western Regional Off-Track Betting (WROTB) and at OTB’s around the state.

"As currently proposed, a Bills fan would have to go to a Native American casino or drive 90 minutes to place a bet on the Bills. That’s not exactly convenient, and it won’t provide critical tax revenue to local governments.

“As the only municipally owned and operated a gaming facility in New York State, WROTB is not just a strong economic driver for Western New York, but we provide critical funding for community development, which creates jobs, protects families and helps to offset tax increases for residents.

“The more revenue we generate, the more we give back to communities. Since our inception, we have generated more than $226 million to 17 municipalities – legalizing sports betting in our region would only increase these important contributions.

"We look forward to working with officials on both sides of the aisle and the New York State Gaming Commission to ensure Western New Yorkers don’t miss out on this opportunity to create hundreds of jobs, enhance our tourism industry, and allow millions of dollars in investment to flow through our neighborhoods.”

A 52-year-old Pembroke woman who started a fire that destroyed her ex-boyfriend's Harley-Davidson entered a guilty plea to attempted arson in the third degree, a Class D felony, this morning just before jury selection in her criminal trial.

Judge Charles Zambito said Jacqueline M. Saeli can avoid a prison term if she makes full restitution before she is sentenced at 1:30 p.m., March 29.

District Attorney Lawrence Friedman said after her appearance that it's expected Saeli will make a $10,000 payment this week.

Saeli, of North Lake Road, was arrested following a Jan. 6 fire at 8455 N. Lake Road, Pembroke, that destroyed a garage and the bike and was determined to be arson by Deputy Ryan Young, Investigator Chris Parker, and personnel from Pembroke Fire Department and the Emergency Management Office.

Two of the most popular names on the Genesee Region USBC awards list -- Curtis Foss of Medina and Diane Hurlburt of Warsaw -- added to their many chances for the local association's grand prize drawing at the season-ending banquet in May with superlative league performances last week.

Foss started a bit slowly (for him) with a 223 game before stringing 24 consecutive strikes -- back-to-back 300 games -- for an 823 series in the Friday Night Mixers League at Oak Orchard Bowl.

The 31-year-old right-hander raised his average to 240 for 57 games this season (he's at 245 in a Monday league at Oak Orchard Bowl), and now has three 800 series since Jan. 4.

Hurlburt, a 48-year-old righty, also has been in a groove of late, with the latest big series comilng on Thursday at Livingston Lanes in Geneseo -- 248-266-249--763. It is her fourth 700 series this season and eclipses her previous best of 738 (Jan. 19, 2017).

She had a legitimate shot at an 800 series after rolling the first six strikes in the third game. But a pocket 7-10 split in the seventh frame, and a solid 7-pin in the ninth frame kept her from eclipsing the GRUSBC women's record of 782 set by Caycee Landers at Rose Garden Bowl in Bergen last season.

"I knew that I had the 700 but I really didn't realize that I was close (to 800)," said Hurlburt, who bowls in the league with her husband, Jason, and son, Matthew.

A Fillmore native who owns her own cleaning business, she is averaging 200 in a Monday league at Letchworth Pines in Portageville and 194 in the Thursday league at Livingston Lanes. Both of those leagues were relocated after a fire shut down operations at Perry Bowling Center.

The GRUSBC's awards program allows bowlers to earn entries into a grand prize drawing in May based on high scores bowled during the season. Last year, Foss and Hurlburt had the most chances to win one of three $500 cash prizes -- with Hurlburt actually winning -- and they have the most chances again this season. 

In other league action last week, Rich Wagner of Batavia posted 792 in the Toyota of Batavia league at Mancuso Bowling Center to raise his average to a record-setting pace of 248.26, while Steve Krna rolled 279--768 in the Antique World Tuesday Coed league, also at Mancuso's.

For a list of high scores, click on the Pin Points tab at the top of this page.

UPDATE 2:37 p.m.: Hazardous weather outlook -- A winter storm warning is in effect from 4 p.m. Tuesday through 7 a.m., Thursday. A wind chill watch has also been issued for Thursday afternoon. The wind chill could reach 25 below zero.

-----

A winter storm watch is in effect from Tuesday afternoon through Thursday evening in Genesee County.

The National Weather Service is expecting heavy lake effect snow with storm totals of one to two feet possible in the most persistent bands.

Winds could gust as high as 45 mph later Wednesday through Thursday. Some areas could experience near blizzard conditions with severe blowing and drifting snow.

The storm is also expected to hit Erie and Wyoming counties.

The weather service warns travel could be difficult to impossible, especially Tuesday night through Thursday, due to heavy snow and significant blowing and drifting snow. The conditions could impact the morning and evening commutes.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.26, up 1 cent from last week. One year ago, the price was $2.58. The New York State average is $2.50 – down 3 cents from last week. A year ago, the NYS average was $2.75. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.55 (down 1 cent since last week)
• Buffalo -- $2.55 (down 2 cents since last week)
• Ithaca -- $2.38 (down 1 cent since last week)
• Rochester -- $2.46 (down 2 cents since last week)
• Rome -- $2.48 (down 1 cent since last week)
• Syracuse -- $2.39 (down 2 cents since last week)
• Watertown -- $2.49 (down 1 cent since last week)

The latest data from the Energy Information Administration (EIA) shows that gasoline demand is on the rise and is much higher than last year at this time. Meanwhile, EIA reports that gasoline stocks around the country are also on the rise to the point where the growth rate is the highest gasoline stock level ever recorded by EIA, since it began collecting the data in 1990. It’s also much higher than last year at this time. Increased levels of gasoline stocks could help to meet rising demand, which means the impact to pump prices could be modest.

WXXI: New push for physician-assisted suicide bill in NY

Children at St. Joe's this morning had fun making their own slime. It was then judged based on consistency, texture and elasticity.

For readers using The Batavian's app, click here to view the video on thebatavian.com.

To apply send a cover letter and resume along with at least three news-related writing samples to howard@thebatavian.com.

Video: Le Roy Fire members discuss why they enjoy being volunteer firefighters.

Brandon Connolly was named Fireman of the Year by the Le Roy Volunteer Fire Department at the department's annual installation and awards banquet, held this year at Terry Hills.

Firematic officers for 2019 are: Tom Wood, chief (far right in top photo); Craig Johnson, 1st assistant chief (second from right); Josh Pfendler, captain and training officer; A.J. DeFelice, lieutenant; Jared Chick, lieutenant; Joe Orlando, safety officer.

The fire department created a new safety award this year, named in honor of longtime safety officer Joe Orlando. The first recipient is Christopher DeFelice. Photo: Craig Johnson, DeFelice, Orland, and Tom Wood.

Tim Hogle served as chief for three years. This year, Tom Wood returns to the chief's role and Hogle received a thank-you plaque.

To find out how you can become a member of your local volunteer fire department, visit ReadyGenesee.com.

A snow squall warning for Genesee County was issued at 7:18 a.m. and is effect until 8:15 a.m.

Dispatchers have received reports of multiple vehicles off the road in Pembroke, Alabama, Oakfield and Batavia, and town snow plow drivers are reporting whiteout conditions in Alabama.

The National Weather Service reports a dangerous snow squall has formed from Rochester to near Allegany State Park and is moving east at 45 mph.

There are wind gusts up to 30.

The weather service warns of poor visibility and dangerous, life-threatening travel conditions. 

"Consider avoiding or delaying travel until the snow squall passes your location," the weather service advises."If you must travel, use extra caution and allow extra time. Rapid changes in visibility and slick road conditions may lead to accidents."

Elba may be ranked number one in the state now but it's not something they think much about, said Coach Tom Redband after Friday's home victory over Pembroke 46-45.

"It's a fun thing for the fans and it's a nice thing to read about but it's not something we talk about or, you know, fixate on," Redband said. "You know we want to be as good as we can in the end; whatever that might be. We don't get into whether we're number one state or winning sectionals or winning states.

"It's just the personality of the team because of their work ethic."

And winning is a whole team effort, Redband said. The best example this year is Wednesday's road win over Avon 60-33 with no player on the team hitting double digits in scoring.

"We ended up winning by 27," Redband said. "I think that's pretty rare. I can't remember the last time we lost by 27 when the top two scorers on the other team had five points. I think that's just a testament to the girls developing and being ready at all times no matter what they did last game. You know, the next girl up when somebody is not at their best or injured or we need a little boost."

Elba, a Class D team, is 15-0 on the season now and among the reasons it's ranked number one in the state is five of those wins came against Class B teams and all but one of those other wins against Class C teams. The team has scored at least 60 points 12 times.

Friday night's win -- which Elba almost let slip away -- was another example of distributed offense with Brynn Walczak scoring 12 points, Leah Bezon with 11, Lauryn Engle, 9, Taylor Augello, 6, and Maddie Muehlig, 5. Engle hit three of her four three-point attempts.

Here's how Redband breaks down his team:

"Leah Bezon has been on the team for four years now. She's only a sophomore. She keeps developing and she has a humongous upside. She's our captain.

"Brynn Walzcak has been on the team two, three years. Maddie Mulehig three years, Taylor Augello, it's her second year starting and she's really come on this year. She worked really hard in the offseason to develop her game.

"Maddie Howard who is a senior, she'll be back soon. She was injured a couple of weeks ago. She'll be back soon. She's a great, great assist person, very unselfish looking to defend and assist. 

"Then we have shooters like Adriana Long and Dakota Brinkman and Lauryn Engle, who at any point could hit three or four threes in a game.

"Kelly Mickey is a ferocious defender and then Izzy Riner who can kind of do it all.

"We're really not a top-heavy team."

Leah Bezon

Taylor Augello

Maddie Muehlig

Maddie Muehlig

Taylor Augello

Leah Bezon

Brynn Walczak