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The Great Batavia Train Show

By Lisa Ace

The Great Batavia Train Show

 

·        Date: Sunday, March 25, 2012

·        Location: Batavia Downs Gaming, 8315 Park Rd., Batavia, NY

·        Admission: $5 adults, $2 under 18, free for children under 13.

·        Hours: 9:30 AM to 3:30 PM.

Event Date and Time

Power out in the Evans, Maple Street area

By Howard B. Owens

Power is out in the area of a semi-truck vs. power pole accident earlier today.

National Grid is not reporting the power outage on its website at this time.

Tonight, crews have been working on replacing the damaged pole.

About an hour ago, Batavia PD officers were discussing a power outage at Main and Ellicott streets.

The power around Maple and Evans streets went out about 11:25 p.m.

UPDATE 11:58  p.m.: Power has been restored. Batavia PD officers conducting traffic control on Main and Ellicott are back in service.

Potentially dangerous synthetic drugs readily available in Genesee County

By Howard B. Owens

Christopher Dailey, then the principal of Batavia High School, remembers the first time school officials came across a student with a lip balm-like container of K2.

"He handed it over to me and said, 'It's OK, it's legal,' " Daily recalled. "I turned it over and read the back label. I said, 'Did you read this?'  He said he hadn't. He didn't know what it said. It read, 'NOT FOR HUMAN CONSUMPTION.' "

While synthetic marijuana is a fairly recent issue for school officials to deal with in Batavia, Dailey emphasized it has not become a widespread problem. He characterized it as a "fad," but he also called it, "scary."

Scary is the same word used by local law enforcement and others familiar with a variety of chemicals and compounds being marketed most often as "incense" with clear instructions saying "not for human consumption."

Some of the compounds are available in Batavia retail stores, though Dailey said students interviewed by school officials indicate the chemicals are being purchased most often on the Tonawanda Indian Reservation.

The compounds fall under the general description of synthetic marijuana, synthetic cocaine and synthetic meth. Commercially, the chemical agents are known as Spice and K2 for synthetic marijuana and Ivory Wave, Vanilla Sky and Bliss for synthetic cocaine and meth.

All of the compounds are currently legal and unregulated in New York. You must be 18 years old to buy a pack of cigarettes, but there is no age restriction on Spice or K2.

Synthetic cocaine and meth are more commonly referred to as "bath salts."

While the chemicals are meant to simulate the highs of marijuana or cocaine, they have been known to cause sever reactions, from seizures, rapid heart rates, paranoia, hallucinations, chest pain, suicidal tendencies and psychosis.

There's some speculation locally that synthetic marijuana or "bath salts" are related to the outbreak of tics among teenage girls in Le Roy. When The Batavian asked Dr. Jonathan Mink about a possible connection Tuesday, he immediately shifted to a discussion of stimulants such as cocaine and said the dosage of cocaine needed to cause tics would be significant and manifest other symptoms.

Wednesday, we asked Dr. Mink to clarify whether synthetic drugs could cause tics and he said it's not a subject he has studied and lacked sufficient expertise to offer an opinion on it.

Jeremy Almeter, owner of Glass Roots on Center Street, said he gets people coming into his shop two or three times a day asking for Spice or K2. They leave disappointed.

"I won't sell it," Almeter said.

Walk into Glass Roots and it's like stepping into a time machine, back into 1960's Haight-Ashbury counterculture, but Almeter said he's seen too many problems caused by fake drugs and doesn't want his business associated with the chemicals at all.

"It just blows my mind that people would use that stuff," Almeter said. "It says right on the label, 'not for human consumption.' A lot of kids seem to think, 'it's legal so it's OK,' but actually the things that are legal are more harmful that what's illegal, specifically marijuana."

Almeter believes the spread of synthetic drugs bolsters the case for legalizing marijuana, a natural substance with effects that are known and generally not harmful. Marijuana could also more easily be controlled, whereas with synthetic drugs, they get re-engineered every time a substance gets outlawed.

In Rochester, a couple of hookah shops have opened where anybody can go in and smoke K2 or bath salts, but Almeter said he wants to offer an alternative.

Recently, he opened his own hookah room, but only offers tobacco-free, all-natural aromatics. Nothing he offers will get a person high. The idea is to sit around and enjoy some pleasant aromas and pleasant conversation.

The Laughing Buddha on Ellicott Street in Batavia advertises on its Facebook page that it sells "incense."

Premium Blend Spice & Incense, We wholesale it as well, Guaranteed best prices around on your favorite kinds such as Hammer Head, White Rhino & Grim Reefer.

Displayed in the store today were dozens of packages of White Rhino behind a glass counter.

The owner of the shop is Jay Lang, who also owns Batavia Cab Co., and at one time, Lang mentioned on Facebook that customers could have products from Laughing Buddha delivered right to their door by a cab driver. 

Today, Lang said he discontinued the practice after considering the legal implications.

"What we carry is legal and we sell it as incense," Lang said. "It's lab tested and DEA compliant. Every package comes with a warning label."

Lang said that if a customer indicates they are using the substances for anything other than incense, they are "cut off." He said he won't knowingly sell the substances to anybody he believes is consuming it.

The synthetic drugs have also been displayed on the counters of other Batavia retailers in recent months.

The use of synthetic weed in area high schools is more prevalent than school officials believe, Almeter suggested.

Dailey, who is now assistant superintendent for the Batavia City School District, said there have been times when kids came to school under the influence of fake marijuana. When it happens, he said, parents are contacted and generally the parents take the student straight to a doctor.

Because it's legal, "there's a limit on how much we can do," Dailey said. "We're as proactive as we possibly can be and we work closely with police on monitoring it and we discuss the dangers in our health classes."

For local law enforcement, the main time synthetic drugs become a legal issue is when people drive under the influence of the drugs, which is a crime.

A volunteer firefighter was recently arrested. He originally offered himself as an interview subject for this story, but later didn't show up for his interview appointment. In a pre-interview conversation, he said the arrest didn't go over well with his superiors and it opened his eyes to the dangers of fake marijuana.

While sources in law enforcement said they haven't seen a lot of those kinds of arrests, driving under the influence of anything is dangerous.

"People have to understand that while legal, much like alcohol if you’re over 21, it can still be abused and misused and effect your ability to make decisions and operate a vehicle," said Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force.

Mullen said that he and his agents are focused on investigating the sale of controlled substances such as crack cocaine and heroin, so it's hard for him to confirm that the use of synthetic drugs locally is on the rise.

But he also doesn't get why people use these substances.

"It just doesn't make a lot of sense to me," Mullen said. "It says right on the packages, 'not for human consumption,' so not from a law enforcement perspective, just personally, from a commonsense perspective, if it says 'don't consume,' then why would you consume it?"

UPDATE 10:57 p.m.: On Facebook, Jay Lang is complaining the article makes it sound like his shop sells bath salts. The article states what he's advertised as products in his store and the one product I observed in his store. Those products are not known as bath salts. While law enforcement officials have told me bath salts have been known to show up in the community, there is no specific retail outlet mentioned in this article that is believed to sell bath salts.

Semi strikes utility pole on Evans Street

By Billie Owens

Residents in the area of Evans and Maple streets in Batavia experienced a brief power outage after a big rig struck a utility pole. The pole was shapped in half and is hanging partially over the roadway.

Power was automatically rerouted. There are no wires down.

"Definitely needs the power company," said a responder. City fire and police are on scene.

UPDATE 4 p.m. (By Howard): Power went out in the neighborhood again at about 3:45 p.m. At the same time, The Batavian's office downtown lost its Internet connection (it was interrupted during the first power outage as well). The semi driver reportedly was trying to get around another car on Evans when he hit the pole. There is no damage to the truck. No injuries reported. City fire is going back in service. National Grid is on scene and a worker told city fire that it will take two hours to restore power.

UPDATE 4:12 p.m.: National Grid is going to try to reroute some power so that the north side of the accident scene gets power back within 45 minutes. This will restore power to the intersection of Main and Ellicott streets.

UPDATE 4:20 p.m.: A teller alarm went off at a downtown bank and a Batavia PD officer reported, "the power just came back on, so it could be related." The Batavian's phone service and Internet connection came back on at the same time. National Grid is reporting power is restored. It's unknown if this is a temporary or permanent fix. About 1,300 customers were affected by the outage.

UPDATE 4:45 p.m.: National Grid reports about 30 customers without power in the city with an estimated time for restoration of 5:15 p.m.

Meeting scheduled to discuss Summit Street redesign

By Howard B. Owens

Batavia residents, particularly on Summit Street, are invited to a public meeting from 5 to 8 p.m., Thursday, to provide input on reconstruction plans for the street.

The redesign and construction is a locally administered federal aid project scheduled for completion in 2015.

Erdman Anthony has been retained by the city to provide survey, field mapping and engineering services for the project.

Engineering studies are in progress.

According to a city press release, during the design process, comment and input from affected residents and businesses are "valuable and necessary elements for achieving a successful project."

The meeting will begin with a brief overview of the project and discussion will proceed in an open house format, allowing interaction with consultants from Erdman Anthony and city staff.

UPDATE: The meeting is being held at city hall.

Law and Order: Trio charged with trespass at College Village

By Howard B. Owens

David L. Andrews, 24, and Tyshawn T. Ferguson, 21, both of Holland Avenue, Batavia, along with Deylon A. Bovell, 20, of East Main Street, Batavia, are charged with trespass. Andrews, Ferguson and Bovell were allegedly found at College Village after being banned from the property.

Donald Eugene Cameron, 52, of York Road, Le Roy, is charged with harassment, 2nd. Cameron is accused of slapping another person in the head.

YWCA aims to foster unity, community and good will for children on MLK Day

By Howard B. Owens

The local YWCA will mark Martin Luther King Jr. Day next Monday by opening up day care at Robert Morris School (correction: YWCA, 301 North Street, Batavia, on Monday).

Typically, day care is closed on holidays, but YWCA Director Jeanne Walton said the Y is going to start changing that, and Monday's daycare will be a "very affordable" $20, she said, and will include 12 hours of care, breakfast, lunch and a snack.

Children not currently enrolled in day care are welcome to attend Monday, Walton said.

John Canale, center of the photo, will conduct a drum circle for the children, teaching them about the history of African hand drumming.

A second drum circle session will be held in the evening that anybody in the community can attend.

Walton said the Y wants the day to reflect unity, community spirit and good will.

“It’s all about fostering the ideals of Martin Luther King Jr.," Walton said. "We’re doing it in a slightly different fashion, but we feel this is something that is important for us to do.”

Law and Order: Woman accused of making up story of stabbing

By Howard B. Owens

April Marie Ground, 22, of Meadville Road, Alabama, is charged with falsely reporting an incident, 3rd. Ground allegedly reported to Deputy Eric Seppala at 2 a.m. Nov. 30, that she was stabbed in the face about an hour earlier by a black female in the parking lot of a Batavia retailer. On Dec. 8, Ground allegedly admitted to Investigator William Ferrando that the stabbing did not occur.

Jason Andrew Barnhart, 24, of Pratt Road, Batavia, is charged with criminal possession of stolen property, 4th (value more than $1,000), burglary, 3rd, grand larceny (more than $1,000) and falsifying business documents. Barnhart was arrested following an investigation into a burglary and grand larceny reported at 3 p.m. Jan. 4 at a location on Veterans Memorial Drive, Batavia. Barnhart was jailed on $10,000 bail.

Kevin Bruce Martin, 28, of Route 98, Attica, is charged with petit larceny. Martin is accused of shoplifting from Kmart.

Batavia student earns scholarship to assist with criminal justice education

By Billie Owens

Press release:

Annually, the New York State Sheriffs’ Association Institute awards a $250 scholarship to deserving students enrolled in criminal justice, police science or a similar program in each of the state’s community colleges and at SUNY Canton.

This year, three students enrolled in Criminal Justice at Genesee Community College received such a scholarship. They were nominated by GCC's Criminal Justice faculty. One of them attends college at the Batavia campus.

She is Edna M. Higgins, of Hutchins Street, Batavia.

In addition to a $250.00 check to further her education in Criminal Justice, she received a scholarship certificate from the New York State Sheriffs’ Association Institute. These were presented to her by Genesee County Sheriff Gary T. Maha.

Brooklyn Grace Sputore is cured

By Howard B. Owens

Brooklyn Grace Sputore, the 13-month-old who was diagnosed before she was born with a form of an aneurysm, is cured.

Brooklyn's parents, Mike and Julie Sputore, took her to New York City yesterday expecting her to undergo a third surgery to close the malformation, but in a pre-surgery MRI, doctors discovered the malformation had finished healing itself.

"We're very happy," said Julie, who thanked the community for its support and prayers.

The condition is known as Vein of Galen Brain Malformation and can be life threatening, but because an ultrasound uncovered the problem in Julie's 37th week of pregnancy, doctors were able to work quickly to cure it.

"The last time we were here the doctor said it was 99 percent closed up and he was hoping it would be closed up when we came back," Julie said. "We didn't know if that was just something he said to everybody, but it actually did happen."

Though cured, Sputore explained, Brooklyn will need ongoing medical care.

In a year, she will return to NYC for an MRI to ensure the malformation hasn't reopened and will need annual MRIs for a couple of years. She will also need to see a cardiologist every year for the rest of her life.

The malformation also caused fluid to develop in Brooklyn's skull and so a shunt was installed to drain the fluid into her bladder. Because the bodies of babies who have shunts installed become dependent on them, Brooklyn is likely to have the shunt for the rest of her life, Julie said. She will need to go to Buffalo every few months to have the shunt checked.

In a way, the fact doctors found the ultrasound when they did was a bit of a miracle.

Sputore was in her 37th week of pregnancy and didn't need another ultrasound, but wanted to see the picture.

"That's when they found it and if we didn't have it done, we would have never known," Sputore said. "She could have died from the VOG turning into an aneurysm or the VOG making her have heart failure."

Brooklyn will be home on Thursday.

Photo: Brooklyn with Dr. Alejandro Berenstein from her visit to NYC for surgery in July. Photo courtesy Julie Sputore.

Highlights from Monday's BCS board meeting

By Howard B. Owens

Submitted by Kathie Scott, coordinator of public information, Batavia City Schools

Highlights from the Batavia City School District Board of Education meeting on Jan. 9 include the following:

Important Calendar Change
A recent change in the New York State Education Department’s assessment schedule has forced the district to revise the school calendar. Superintendent of Schools Margaret Puzio noted that April 27, initially scheduled as a Superintendent’s Conference Day, a scoring day for the State ELA tests, and a day off for students, is now a testing date for state math assessments.

The proposed calendar change that is under consideration for the district is to have a half-day of school on April 27 to accommodate the state math assessments in the morning and accommodate the scoring of ELA tests in the afternoon. As soon as the decision is final, it will be announced.

District-wide Bullying Prevention Program
As many media announcements, some tragic, have documented, one of the greatest threats to the safety of schoolchildren today is from bullying by their peers. Because the safety and well-being of our students is such a high priority, staff members have been researching and preparing a district-wide anti-bullying program for the past year.

Superintendent Puzio announced the official implementation of the program, noting that a letter and brochure will be sent home to parents to explain important elements of the program and to enlist their support and cooperation.

The brochure highlights key points of the program such as the Three Key Components of Bullying Behavior (1: aggressive behavior; 2: typically involves a pattern of behavior, repeated over time; and 3: includes an imbalance of power or strength) and the Four District Behavioral Expectations. (1: We will not bully others. 2: We will try to help students who are bullied. 3: We will try to include students who are left out. 4: If we know that somebody is being bullied, we will tell an adult at school and an adult at home.)

Click on the headline to read more

A special parent education meeting with nationally known guest speaker Andy Thibodeau will be held from 6:30 to 8 p.m. Feb. 13 at Batavia High School. Child care, provided by BHS students, will be available during the program.

Students will be introduced to the program during assemblies. Nationally known speaker Jim Jordan will speak to primary grade students in a program titled,"Friends Helping Friends,” and to students in grades three through five in a program titled, "Super Hero -- Stop Bullying." Andy Thibodeau, in addition to speaking to parents, will address middle and high school students in February with his program, "Share Your Care! Care in class, in school and in life!”

Parent Shares Concern Regarding Consolidation
A parent addressed the Board of Education, voicing concerns regarding the proposals for consolidation. She stated that she -- as well as teachers and parents she has spoken to -- do not feel middle school is a good environment for fifth-graders for safety and academic reasons. She also related that many Batavia families have purchased their homes based on the location of particular elementary schools, and that they do not want to see the community school model changed.

She noted that parents she has spoken to are exploring the options available for enrolling their children in nearby districts or private schools should the consolidation take place. While recognizing that the district needs to rein in expenditures, she urged board members not to vote for any proposal that would include moving fifth-grade students to the middle school.

Backpack Food Drive Runs This Week
Superintendent of Schools Margaret Puzio reminded all who were present that the food drive to benefit the Backpack Program is running through this week  (Jan. 9-13). Donation boxes are set up at each of the schools as well as at the administration building, and she urged all who can to contribute to it.

She also reminded those present that admission to the Batavia High School  boys’ basketball home game on Friday, Jan. 13, will be free with a donation of at least one food item to benefit the program. (The boys play the Pittsford-Mendon Knights, with JV game starting at 6:15 p.m. and varsity at 7:45 p.m.) Suggested items are those that are nutritious and that require little or no preparation such as cereal (individual or 12 oz. boxes), juice boxes, canned soups, macaroni and cheese, applesauce, fruit cups, pudding cups, oatmeal, canned foods (vegetables, ready-made pasta with sauce, etc.), trail mix, cheese and crackers, peanut butter crackers, raisins, peanuts and fruit snacks.

Monetary donations are also welcome. Checks may be sent directly to the Salvation Army, payable to the Salvation Army with a notation for the “Backpack Program” on the memo line. The Backpack Program was started in 2010-2011 in partnership with the United Way and the Salvation Army to provide weekend food supplies for some of our neediest students.

Approximately 100 of our students receive a backpack of nutritious non-perishables each Friday to help provide for their needs through the weekend. Initially funded by the United Way, the goal was to have the program sustained through donations so, soon after the program began, the district sponsored a food drive to collect items from students and staff.

Thanks to their generosity, enough food was collected to support the program through the end of last school year. Puzio is hoping for a similar result during this year’s food drive.

Top Ten Achievements in 2011 for Richmond Memorial Library

Library Director Diana Wyrwa presented the library’s Top Ten Achievements for 2011. Noting that a long-range plan that had been put in place in 2007 is now coming to completion, and that this year will be one of evaluation and new goals. She stressed that planning and partnerships were prime features of the noteworthy achievements. Her “Top Ten” list included:

  • 10) A new window in the Children’s Room of the library, which is more energy efficient as well as aesthetically pleasing.
  • 9) Affiliate Library Status with Family Search International, providing a huge boost to those interested in the field of genealogy.
  • 8) A total of 1112 programs offered, including, for example, story hours, book discussions, computer classes (in partnership with NIOGA Library System),various craft classes for adults, monthly “Reel” Discussions for movies, and A Tale for Three Counties (in partnership between libraries in Genesee, Wyoming, and Orleans counties).
  • 7) A New England Authors Literary Tour (in partnership with 1st Choice Travel) as part of the “Novel Destinations” theme of the adult summer reading program.
  • 6) The hiring of a new children’s librarian, Vinise Campanella.
  • 5) The purchase of many of its own ebooks.
  • 4) Redesigning the first floor, incorporating a bookstore model of placing new material up front and center.
  • 3) Hosting an American Library Association (ALA) Traveling Exhibit, “A Fine Romance: Jewish Songwriters, American Songs, 1910‐1965.” (These exhibits are offered through the ALA Public Programs Office for Library Cultural Programming.)
  • 2) A library book van to be used in partnership with GCASA’s drug-free coalition. In addition to containing educational literature chosen by GCASA, the van can carry a variety of books to places such as the senior citizen residences, Head Start, and the New York State School for the Blind.
  • 1) The successful opening of Best Sellers Café, which was the number one item voted for in the library’s 2008 survey. The café serves a variety of beverages, lunch items and snacks.

Financial Summary Report for November 2011
Business Administrator Scott Rozanski reported on the November 2011 revenue and expenses for the district. Total recorded revenues were up by slightly more than  $1,237,000, or 5.4 percent.

A significant portion of the increase was a BOCES (Board of Cooperative Educational Services) surplus refund of nearly $202,000 or 56 percent over last year at the same time. The refund reconciled the amount owed for BOCES services actually used, with billing that had been based on anticipated use of services for the 2010-2011 school year.

Three other revenue categories also contributed to the increase: State and federal aid, the real property tax levy, and non-property tax items (utility tax). State and federal aid were up $327,000 or 7.3 percent over last year at the same time. This is primarily because of the increase in the Teacher Retirement System (TRS) payment in November, which the state makes on districts’ behalf as part of their annual aid, and which is therefore recorded by districts as revenue.

The tax levy, up $706,000 or 4 percent, is recorded as revenue when it is levied as opposed to when it is received. The utility tax, as previously reported, had been in decline for several school years including 2010-2011, but has been trending upward this year, including the November increase of nearly $80,000 or 33 percent.

Expenses were down by about $1,244,000 or 10 percent, as compared to November 2010.

Slightly more than one third of the decrease, $448,000 or 15 percent, was due to the timing of health insurance payments. Nearly another third, a decrease of slightly more than $368,000 or 26 percent, was in the category of Central Services. This was due in part to a change in the district’s purchasing cycle and the subsequent timing of orders being processed. For example, work done to the administration building to repair the roof and fix earthquake damages were initially charged to the general fund until they could be reconciled at year's end and charged to repair reserves.

Accused drug dealer facing prison time after guilty plea

By Howard B. Owens

A Batavia resident once shot under mysterious circumstances and later busted with what investigators at the time characterized as a significant amount of narcotics and cash, is facing up to six years in prison after pleading guilty to a drug possession charge.

Carlos A. Torres Jr., 36, of West Main Street Road, Batavia, was on his fourth plea cut-off appearance before Judge Robert C. Noonan on Monday when he entered a guilty plea to criminal possession of a controlled substance, 4th, a Class C felony.

Noonan sets plea cut-off dates, at which point the defendant must either accept a plea bargain, take the his case to trial, or plead guilty with no conditions in place.

When Torres appeared in Noonan's court Dec. 15, it was supposed to be in order to enter a plea or proceed to trial, but Torres, being represented by the public defender, asked for a new attorney.

At his next appearance, Torres was close to retaining an attorney, and by the following appearance last week, Torres had hired an attorney but the attorney had not yet had time to review the case file.

In court today, Torres was soft spoken and kept shaking his head regretfully as Noonan went over his rights to ensure that Torres knew what he was doing in entering a guilty plea.

Torres admitted to possessing cocaine with a weight of at least a half ounce.

He will be sentenced in April. At a minimum, Torres will receive two years in prison.

Richmond library offers 'eBook Open House'

By Billie Owens

Richmond Memorial Library is offering an “eBook Open House” from 11 a.m. to 1 p.m. on Saturday, Jan. 28. Anyone interested in learning how to borrow and download library books for their eReader is invited to attend.

Several eReaders will be available for demonstrations. Registration is not required for this drop-in program. The library is located at 9 Ross St., Batavia. More information is available at the library by calling 343-9550, ext. 2. and at www.batavialibrary.org.

Event Date and Time
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GCC offers new math and science prep program for middle-schoolers

By Billie Owens

Research suggests that gifted and talented students are more likely to reach their full potential if they are immersed in an enriched curriculum that matches their aptitude rather than their age. In order to assist the GLOW region in providing such opportunities, ACE Programs of Genesee Community College is pleased to announce a new program available to students demonstrating early signs of high potential in math and science.

The Math Science Preparatory program for students in seventh and eighth grade will be taught by full-time GCC math and science faculty and expand upon the NYS math and science standards with content designed to prepare students for the academic rigor of college level science and mathematics.

Students who successfully complete the two-year program will be eligible to participate in the Accelerated College Enrollment STEM (Science, Technology, Engineering and Math) Enrichment Program at GCC, including an option to complete an associates (AS) degree in Engineering Sciences within months of high school graduation.

The goal of the preparatory program is to provide students with the opportunity to prepare for successful participation in this accelerated course of study.

Participating in any of the ACE Programs allows students to gain transferable college credit at a greatly reduced tuition rate (a third of the regular in-state tuition charged by GCC). ACE programs have always provided opportunities for exceptionally motivated students to achieve enough college credits to potentially earn an associate degree. But the STEM enrichment program will be the first opportunity for high school students to pursue a specific AS degree through GCC.

Although there are many gifted and talented students who would benefit from this type of preparatory instruction, ACE can only select 48 participants for the first semester of Math Science Prep to ensure the highest quality experience for each student.

All applicants must be nominated by a math or science teacher and approved by a school counselor or principal. Nominations must be submitted by March 15. Students will be invited to complete the application process after review of the nomination. The application deadline is March 30. Those accepted into the program will be notified by May 1 and activities will begin during the summer of 2012.

While the ACE Programs office has shared this information with all area middle schools and is seeking nominations, parents and students are encouraged to be proactive and submit the nomination by contacting the ACE Programs office or their school counselor. Additionally, GCC will award two students one-year scholarships to the program through the first annual GCC sixth grade Math/Science Scholar awards.

For more information contact: Karlyn M. Finucane, program specialist, ACE Programs, 343-0055, ext. 6320, or email kmfinucane@genesee.edu.

GO ART! holds Open House for new exhibit on surviving psychological trauma

By Billie Owens

GO ART! is holding an Open House to recognize artists participating in the new exhibit: "The Art of Healing: Surviving Psychological Trauma." It will be from 5 to 7 p.m. on Friday, Jan. 13 at GO ART! Seymour Place, 201 E. Main St. in Downtown Batavia.

The exhibit is open now through Feb. 27 in the Bank of Castile Main Gallery at GO ART! It features a variety of artists from Genesee and Orleans counties. The artists use art to express their pain, hope and healing in the process of recovering from trauma.

At 6 o'clock during the Open House, a brief presentation will be given on the healing aspects of art by Bobbie Noto, director of Wellness at Genesee Community College in Batavia. Noto’s role is to help move the college culture toward healthier choices in physical, financial, emotional, social and academic areas.

She organizes training sessions and outreach activities for the college community and oversees a Wellness Center available to campus students. She also works as an art therapist in private practice.

Noto has an advanced degree in Clinical Art Therapy and has national certification as an art therapist. She was previously employed as an art therapist with Genesee County Mental
Health Services and has worked in college counseling and graduate-level education.

We have invited her to offer some perspective on the art included in this exhibit.

Please join us for this complimentary event, open to the public. For more information, please contact GO ART! at 343-9313, info@GOart.org, or visit www.GOart.org.

GO ART! exhibits are supported, in part, by the New York State Council on the Arts with the support of Governor Andrew Cuomo and the New York State Legislature.

Man accused of burglarizing restaurant enters guilty plea to felony charge

By Howard B. Owens

An Ellicott Street resident is facing at least two years in prison after pleading guilty to criminal mischief, 2nd, in Genesee County Court on Monday.

Paul C. Wapniewski, 55, was accused of burglarizing Delavan's Restaurant on Evans Street.

In the course of the crime, Wapniewski allegedly caused more than $2,500 damage to the property.

According to District Attorney Lawrence Friedman, Wapniewski cut himself on broken glass when entering the building and the blood evidence found there connected Wapniewski to the scene. Friedman said the DNA test demonstrates a mere one in 300 billion chance of the DNA being from the blood of a person other than Wapniewski.

Friedman discussed the evidence prior to Wapniewski's guilty plea because Wapniewski was entering what is known as an "Alford Plea." 

When a defendant enter's an "Alford Plea" he is not admitting to the crime, just pleading guilty to the charge with the knowledge that the evidence against him would likely lead to a jury finding him guilty, and if so, would likely lead to a harsher sentence.

As a second felony offender, prison time is mandatory for Wapniewski, and sentencing guidelines means Wapniewski is facing from two to four years in state prison.

Stafford resident admits to violating order of protection and DWI

By Howard B. Owens

A Stafford resident facing three felony counts of criminal contempt and a misdemeanor count of DWI faces a possible sentence of "shock probation" after pleading guilty Monday to two of the charges against him.

Eric Michael Duda, 50, who has been arrested a few times over the past two years, entered a guilty plea to one count of criminal contempt, 1st, and to DWI.

Duda will be sentenced in April and could receive some jail time followed by a period of probation.

Judge Robert C. Noonan also issued a new order of protection barring him from contact with Summer Ogden, the person Duda has previously had contact with in violation of an order of protection.

Ogden has reportedly also been ordered not to contact Duda and on two occasions when Duda was arrested for violation of the order of protection, Ogden was also arrested.

Duda is out of jail pending sentencing under supervision of Genesee Justice. He is required to be in his apartment from 6 p.m. to 6 a.m. under the terms of his release.

Alden man admits to possessing gun stolen from HLOM

By Howard B. Owens

A 55-year-old resident of Alden -- accused of stealing a flintlock rifle from the Holland Land Office Museum more than a year ago -- had a hard time pleading guilty to possession of stolen property in the 5th degree today.

Between at first not admitting to elements of the crime and not understanding some of the things he was asked by Judge Robert C. Noonan, Frank J. Bieniek almost didn't complete the guilty plea.

Bieniek blamed both the commission of the crime and his inability to focus today on ammonia created by a liver problem.

On Dec. 10, 2010, a witness reported seeing Bieniek take a long gun from the wall of the museum, put it under a trench coat, walk out and drive away.

In court today, Bieniek said, "I didn't realize I took it. I drove around and I was thinking 'something bad happened here,' so I stopped and went and looked in my trunk and I saw the gun.

"When I was stopped, I was on my way back to return it," Bieniek added.

"I was so sick that day," Bieniek told Noonan earlier. "My body was full of ammonia."

When asked about the source of the ammonia, Bieniek said, "My liver."

Later, when questioned about whether he knew at some point that he possessed the gun, and that it was stolen, and that he possessed it with intent to deprive the rightful owner of the property, Bieniek asked Noonan to repeat the question.

"The doctors still say my head (mumble)," Bieniek said. "What was the question again?"

Eventually, with Noonan patiently going through each detail of the indictment and the elements Bieniek was required to admit to, Bieniek did plead guilty.

His plea is unconditional. Sentencing on the misdemeanor offense can range from community service to a year in jail.

Sentencing is scheduled for April 4.

Law and Order: Trio accused of throwing beer bottles at moving car on Jackson Street

By Howard B. Owens

Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

Winter Story Times start Tuesday at Richmond Library

By Billie Owens

Winter Story Times at the Richmond Memorial Library start Tuesday, January 10th!

Here's the line-up starting next week:

  • Toddler Time -- Tuesdays at 10:30 a.m. (walkers – 3 years)
  • Early Tot Time -- Wednesdays at 9:30 a.m. (walkers – 3 years)
  • Tot Time -- Wednesdays at 10:30 a.m. ( walkers -- 3 years)
  • Preschool Party -- Thursdays at 10 a.m. (ages 3 to 5 years)
  • Pajama Primetime -- Thursdays at 6:30 p.m. (all ages)

To register or for more information call the library 343-9550, ext. 4, or stop in at the Children's Room desk during library hours: 9 a.m. to 9 p.m. Monday through Thursday, and 9 a.m. to 5 p.m. on Friday and Saturday.

Parents may also register online: www.batavialibrary.org <http://www.batavialibrary.org/>

Group size is limited.

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