batavia

Francis Scott Smith, 19, who was allegedly caught in the act of burglarizing a home in Batavia on Jan. 1, has been accused of stealing from two other homes in Pembroke in September and October.

Smith, who is being held in the Genesee County Jail on his previous charge, was arraigned in Pembroke Town Court yesterday and then returned to the jail.

He is accused of stealing cash and jewelry from two separate homes on Read Road, Pembroke.

The new charges follow an investigation by William Ferrando with the Sheriff's Office.

The BB-gun incident at Batavia Middle School yesterday, as first reported by The Batavian, is apparently getting wider media attention.

A Rochester TV news van was reportedly parked illegally on Ross Street a few minutes ago.

And, just now, Batavia PD released the following statement to all regional media:

The Batavia Police and Batavia School officials are jointly investigating the details of a student bringing a BB Gun into the Batavia Middle School. As part of the investigation it has been determined that at no time was the BB gun displayed or any threats made. School officials discovered the gun based on an unrelated incident. Both the School and the Police Department will use the proper procedures to ensure all are safe and the person responsible is dealt with in accordance with the proper procedure in place for juveniles who violate school rules and New York State laws.  

As part of a project to make the Mancuso Office Building at 26 Harvester Ave., Batavia, handicap accessible, a new elevator is being installed behind the building.

Mancuso Business Development Group President Tom Mancuso said other accessibility upgrades are being made to the building in all the public areas, such as the bathrooms.

The four-story building is split-level, with the first floor not being on grade with either the front or the back of the building, so the elevator is being designed to make five stops.

A new lobby is being installed in the back of the building that will be at grade with the back parking lot.

"It's just (such) a historic, attractive building that we didn't want to make changes to the front of it," Mancuso said.

The elevator should be operational by the end of March.

Mancuso didn't reveal the cost of the project, but indicated it is expensive. The entire project is privately financed, he said.

One of the building's current tenants, Rosicki Rosicki & Associates, is an enthusiastic supporter of working with disabled people, Mancuso said.

Another Mancuso tenant, in the Harvester Center, Larry Brown, is a disabled veteran.

"He's always helping us be aware of and work on our accessibility issues," Mancuso said.

Parents in the Batavia City School District were informed tonight that a student at Batavia Middle School is being disciplined for bringing a BB gun to school.

It wasn't a rifle, it wasn't a handgun, it was a BB gun a student had a in backpack in his locker, Superintendent Christopher Dailey emphasized in an interview tonight.

"He didn't think it would be anything to worry about," Dailey said. "Unfortunately for him, it was a really bad choice. He didn't have it at school to hurt anyone or defend himself. He wanted to play with it after school. It was a random poor choice by a kid."

The search was initiated, Daily said, because school officials suspected the student may have brought tobacco to school.

The "random poor choice" by the student had landed the kid in Family Court, according to Batavia Police Chief Shawn Heubusch.

Heubusch confirmed tonight that school officials turned over to police a BB gun that was located in a student locker.

"Batavia school officials should be praised for their quick response to this incident," Heubusch said.

Dailey said school officials take issues like this seriously and his automated phone call tonight was aimed at keeping parents informed and designed to quell rumors about it possibly being a more serious matter.

"I felt it important to share because we don't have anything to hide," Dailey said.

In his message, Daily said, "Having a BB gun on school grounds is against district policy. The BB gun was turned over immediately to the Batavia City Police. The student was removed and will be held accountable according to our district code of conduct."

A car struck a utility pole in the area of 4 Law St. about 10 minutes ago, causing a power outage in some parts of the city. The pole has high-tension wires and it's snapped in half. Traffic will be rerouted at Jackson and Chestnut streets and Law and Walnut streets. Unknown injuries. National Grid is notified, no ETA given. In some places, power went out and within, say, two minutes came back on again.

UPDATE 7:23 p.m.: National Grid is on scene.

UPDATE 7:31 p.m.: There were no injuries. The driver was a sign-off.

Sandra Eileen Pawlukewicz, 46, of Gibson Street, Bergen, is charged with criminal possession of stolen property, 5th. Pawlukewicz was stopped at 4:26 p.m. Tuesday on Lake Road, Le Roy, by Deputy Matthew Butler. She was allegedly driving a vehicle with switched plates and a suspended license. The plates were later found to be stolen.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with criminal contempt, 2nd. Perry is accused of violating a court order by contacting a person he was ordered not to contact. Perry allegedly placed more than 100 phone calls to the person while at the Genesee County Jail.

A 17-year-old resident of Quinlan Road, Le Roy, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Jon Hoyt Bush, 29, of Oak Orchard Road, Elba, was arrested on a Family Court warrant out of Livingston County. Bush was taken into custody at the Sheriff's Office after Bush went to the office with another individual on an unrelated matter and Deputy Joseph Corona recognized Bush as a warrant suspect.

Here's Thomas Houseknecht's response to the letter from Jason Molino that we posted earlier:

UPDATE: We received this e-mail from Thomas Houseknecht this morning. I think Mr. Houseknecht's note at the top explains the need for the update. I'm not a fan of unpublishing something once it's published. Mr. Houseknecht's original e-mail is preserved after the jump (click on the headline); however, the new one is obviously the one that matters most.

After returning home from work late yesterday and reading Mr. Molino's response that I initially read on The Batavian, I too did not see all of the attachments. Having read them all minimally changes my response to withdraw my statements that my questions have not been answered. The text below is my response corrected after reading the other attachments:

Mr. Molino,

I appreciate the service you provide to our community and the difficulties you are faced with as you prepare a budget. As much as I appreciate the invitation to sit down with you and your staff to review numbers, this public letter you have written to me is puzzling and only adds to my discontent with the current refuse and budget proposal. It seems to have been written to once again praise the value of a user fee approach in an effort to mute the opposition in preparation for City Council’s vote on February 25. Unfortunately, as the City has handled this issue with little prior public input and as part of your overall budget proposal, I have had no alternative but to express my concerns through public comments and media postings. Your offer to discuss it at this late date seems disingenuous as it appears that there is little or no time for dialoging to, as you stated, “better communicate our intentions and goals for the City as it relates to refuse collection both now and in the future,” prior to the Council vote merely two business days away.    

In your response, you continue to make your case to impose a user fee and its merits as you see them verses the current means of both collecting refuse and paying for collection. I could make the same argument for school taxes, but both discussions are diversions from the discussion of the actual financial impact on the majority of city residents. In your responses, you draw conclusions that the majority of properties will see a reduction, but this does not necessarily support your conclusion that the majority of residents will save money. Commercial properties, who will be relieved of the costs of refuse collection, are not residents and they do not vote. It stands to reason that if the overall cost of the new program represents a savings of $300,000 to commercial properties and those with higher assessments will achieve a savings as well, that a program with a total savings of approximately $260,000 must be passing on an increase to the lowest valued properties in the city. Therefore, it is reasonable to conclude that this proposal will adversely affect the majority. I appreciate that you do recognize that failure to remove it from the property tax will cause Council to have to vote to exceed the property tax cap with the current budget as proposed.

My assumptions were simple and need no further explanation as they were arrived at through the City’s website postings, including the 2012 tax rolls. You have the best possible access to this data, yet you again present a biased view of the actual number of city residents who will effectively be paying more for their city services under your proposal. Your answers draw conclusions that once again skew the argument to the user fee. The fact sheet on the City’s website states that “close to 90 percent of city residents will save money under the proposed plan” in a comparison of the current program to a user fee program. At a recent Council meeting, you were quoted in the news media stating that 65 to 75 percent of residents will save money. Your most recent response to my questions as presented to City Council states that 56.4% of single family homes will save. Clearly, from your own statements, the percentage of homes that will save has changed throughout these proceedings. Please explain these statements to the residents of Hutchins St., Swan St., Kingsbury Ave., Lyon St., Tracy Ave., to name a few where the vast majority will pay more. Again I ask, what is the actual number of city residents that will pay more?

Your response to my e-mail to City Council, that I have just received for the first time, attempts to discredit my analysis of homes that will pay more by discounting those that are multi-family and rental properties. As these residents will also be impacted, is it fair to exclude them? Also, the Senior discount does not eliminate the fee, it merely lowers the break-even point. I believe this furthers the argument that the full impact has not been assessed. The misrepresentations in the City’s presentation cause me to further question some of your new assertions. 

Batavia has historically included refuse collection in the property tax.  Converting to a user fee may be desirable from a budget preparer’s standpoint, but it will adversely impact the majority of city residents. This simple fact must be recognized and be a part of the discussion. City management’s attempt to leave this fact out of the discussion is unacceptable and dishonest to me. It is possible that all of the numbers being discussed by both of us are thoroughly confusing to City residents.  Therefore, at the public hearing I asked Council, and will again ask Council to take the five following steps :

1. If you still have doubts about the analysis I have presented, have city management or an independent party review the tax roles and determine exactly how many residents will be adversely impacted. The 2012 assessment role is available on the city’s website for all to see.

2. Once you have completed your due diligence, vote against the change to the ordinance that is required to change the current refuse program to a user fee.

3. Find out why you were presented with bad information upon which to base your decision and take the appropriate actions to insure that it doesn’t happen again.

4. Take another look at the budget and cut unnecessary functions of city government.

5. Establish a refuse committee of citizens, which I would be happy to serve on, to look at how recycling could be increased or a PAYT system could be phased in with ARC as our provider in a manner that would truly benefit all residents.

In closing, I would like to reiterate that I appreciate the difficult job you have in preparing and implementing a budget for the City of Batavia, especially when faced with NY’s property tax cap. I simply ask that all of the facts be presented in a fair, honest and concise manner before our council members are asked to put their reputations on the line with their votes.

Sincerely,
Thomas Houseknecht

Original e-mail replaced by the revised one.

Mr. Molino,

I appreciate the service you provide to our community and the difficulties you are faced with as you prepare a budget. As much as I appreciate the invitation to sit down with you and your staff to review numbers, this public letter you have written to me is puzzling and only adds to my discontent with the current refuse and budget proposal. It seems to have been written to once again praise the value of a user fee approach without answering any of the questions or concerns I have raised in an effort to mute the opposition in preparation for City Council’s vote on February 25. Unfortunately, as the City has handled this issue with little prior public input and as part of your overall budget proposal, I have had no alternative but to express my concerns through public comments and media postings. Your offer to discuss it at this late date seems disingenuous as it appears that there is little or no time for dialoging  to,  as you stated, “better communicate our intentions and goals for the City as it relates to refuse collection both now and in the future,” prior to the Council vote merely two business days away.   

You opened your letter stating that you were responding to my questions, but you did not respond to any of them. You simply make your case to impose a user fee and its’ merits as you see them verses the current means of both collecting refuse and paying for collection. I could make the same argument for school taxes, but both discussions are diversions from the discussion of the actual financial impact on the majority of city residents. This statement of your reasoning for the conversion does not answer the question as to whether this proposal will adversely affect the majority nor does it answer the question as to whether it attempts to get around a vote on the city’s property tax cap, as I have asserted.

My assumptions were simple and need no further explanation as they were arrived at through the City’s website postings, including the 2012 tax rolls. You have the best possible access to this data, yet you again fail to reveal the actual number of city residents who will effectively be paying more for their city services under your proposal. If you use the average assessments quoted in your response, any reasonable person would agree that it is dishonest to make the case that the majority of residents will save money under the proposed system. Yet the fact sheet on the City’s website states that “close to 90 percent of city residents will save money under the proposed plan.” At a recent Council meeting, you were quoted in the news media stating that 65 to 75 percent of residents will save money. Your most recent response to my questions as presented to City Council states that 56.4% of single family homes will save. Clearly, from your own statements, the percentage of homes that will save has changed throughout these proceedings. Please explain these statements to the residents of Hutchins St., Swan St., Kingsbury Ave., Lyon St., Tracy Ave., to name a few where the vast majority will pay more. Again I ask, what is the actual number of city homes that will pay more?

Your response to my email to City Council, that I have just received for the first time, attempts to discredit my analysis of homes that will pay more by discounting those that are multi-family and rental properties. As these residents will also be impacted, is it fair to exclude them? Also, the Senior discount does not eliminate the fee, it merely lowers the breakeven point.  I believe this furthers the argument that the full impact has not been assessed. The misrepresentations in the City’s presentation cause me to further question some of your new assertions, especially the one where you state that all properties under $77,200 will benefit with lower costs. If the City has to live within the 2% property tax cap, the break-even point becomes $85,600.

Batavia has historically included refuse collection in the property tax.  Converting to a user fee may be desirable from a budget preparer’s standpoint, but it will adversely impact the majority of city residents. This simple fact must be recognized and be a part of the discussion. City management’s attempt to leave this fact out of the discussion is unacceptable and dishonest to me. It is possible that all of the numbers being discussed by both of us are thoroughly confusing to City residents.  Therefore, at the public hearing I asked Council, and will again ask Council to take the five following steps :

1. If you still have doubts about the analysis I have presented, have city management or an independent party review the tax roles and determine exactly how many residents will be adversely impacted. The 2012 assessment role is available on the city’s website for all to see.

2. Once you have completed your due diligence, vote against the change to the ordinance that is required to change the current refuse program to a user fee.

3. Find out why you were presented with bad information upon which to base your decision and take the appropriate actions to insure that it doesn’t happen again.

4. Take another look at the budget and cut unnecessary functions of city government.

5. Establish a refuse committee of citizens, which I would be happy to serve on, to look at how recycling could be increased or a PAYT system could be phased in with ARC as our provider in a manner that would truly benefit all residents.

In closing, I would like to reiterate that I appreciate the difficult job you have in preparing and implementing a budget for the City of Batavia, especially when faced with NY’s property tax cap. I simply ask that all of the facts be presented in a fair, honest and concise manner before our council members are asked to put their reputations on the line with their votes.
Sincerely,
Thomas Houseknecht

City Manager Jason Molino sent a copy of this letter, addressed to Thomas Houseknecht, to members of the local media:

Mr. Houseknecht-

You have asked for responses to your comments over the past several weeks regarding the proposed refuse and recycling program. Attached are my responses to your questions. 

I understand your concern over the impact the proposed program may have on the those who can least afford it. While I share the same concern, I disagree with your analysis that lower assessed properties properly represents, or in any form correlates, to those who can least afford it. For example the average assessed single family home in the city is $92,112, while the average assessed two-family home is $76,534 and the average assessed triple-family home is $84,380. According to a recent EPA study, multi-family properties that have more than one household generate 1.5 times or more refuse (depending on the number of units) than a single-family property. In addition, the study states recycling tonnage per household is 65 percent greater for single-family households than for multi-family households. Considering doubles and triples generate from 1.5 to 3 times the amount of garbage as a single-family home, recycle significantly less and the property owners pay less in taxes, the current system is inequitable as we pay for garbage based on the amount of assessed value of our homes with no relationship to how much we throw out, don’t throw out, recycle or don’t recycle.

The proposed refuse fee does not target any one type of resident or property owner; instead it is intended to provide an equitable way to pay for a service based on a rational relationship between the cost of the service and the amount of service each resident uses. Similar to water, sewer, cable, electric, gas, phone and all other utilities, assessed value is not a determinant of the cost of the service, nor does it properly represent the amount of service used by individual property owners or residents.  Furthermore assessed value is not a valid method for determining the cost of refuse and recycling collection to residents.

I appreciate your passion for the refuse collection issue in Batavia and in particular for your support of ARC and its endeavors. I welcome the opportunity to sit down with you and my staff to review the numbers and understand how you arrived at some of the assumptions made in your statements to city council. Dialoging with you would certainly help us understand how we might better communicate our intentions and goals for the city as it relates to refuse collection both now and in the future.  

Sincerely,

Jason Molino

UPDATE: I failed to take note of four attachments with Jason Molino's e-mail.  Here they are (all links are to PDFs):

• Thomas Houseknecht's e-mail to city council
• Response to Houseknecht's e-mail
• Response to letters to the editor
• Response to public comments

Local law enforcement officers believe they've figured out who's been on a spree of wooden pallet thefts in the county recently.

James J. Moscicki, 32, of 1309 Dale Road, Dale, has been charged with one count of grand larceny.

He was arrested today by Batavia PD and accused of stealing $2,400 worth of pallets from a business in the city.

Though not charged yet, Moscicki may be a suspect in pallet thefts elsewhere in Genesee County.

City police have been working on the investigation with the Sheriff's Office and Le Roy PD.

It's alleged that Moscicki has been stealing the pallets and selling them to businesses in the county. He was reportedly transporting pallets in a silver Dodge Neon with a small utility trailer.

Some of the pallets were marked with identifying numbers.

Deputy John Duyssen requests that anybody with information that might lead to the recovery of pallets to contact him at (585) 345-3000, ext. 3233.

Former Buffalo Bills wide receiver Lou Piccone, flanked by the Cougar Dance and Cheer teams, was at Genesee Community College today to promote the upcoming Trek the Trail Walkin’ 'n’ Talkin’ event.

Piccone is honorary chairman of the event, which is set for 8:30 a.m., April 20 at the college.

The walk around the Batavia campus is open to all – young, old, athletes of all persuasions, runners, walkers, alumni, faculty and staff, people with friendly dogs, or babies in strollers.

Participants in the fund-raising event will visit nine Cougar Stops along the route featuring an array of fun encounters and prizes. 

After the walk, a picnic lunch is provided on the East Lawn. Prizes will be awarded for most pledges raised by an individual, as a team, and to the GCC student club with the most pledges. Most creative team costumes will also be recognized.

Today, Piccone talked about his football career -- which included 100 passes for 1,380 yards and six touchdowns from 1977 through 1982 with the Bills and Jets.

He also explained that he is supporting the event because a college education helped him prepare for life, even an NFL career, where offensive schemes can get complicated and he had to be able to adapt to playing more than one position.

Registration for the event is $15 per participant and includes a T-shirt, picnic lunch, prizes and treats. Children 8 and under accompanied by an adult are free. 

To register or for more information, click here.

“We’re delighted that Lou Piccone will join us for our Trek the Trail, Walkin’ 'n’ Talkin' Scholarship fundraiser, and I’m excited to give him a tour of our campus ahead of time,” said Russ Romano, Trek the Trail committee member and GCC Foundation Board member. “He brings a level of enthusiasm that raises awareness on how this event serves a multitude of terrific purposes.

Below, people involved in organizing the event: Lou Piccone, Joanna Barefoot, Andrew Maguire, Nate Shirk, Eric Sandler, Andrew Crofts, Marc Staley, Marlin Salmon and Russ Romano.

A person is stuck in an elevator at the VA center, 222 Richmond Ave., Batavia.

City fire is dispatched.

There is no medical emergency. People on scene are able to talk with the person in the elevator.

UPDATE 10:38 a.m.: City fire back in service.

The Child Advocacy Center should have a new home by this summer.

The First Presbyterian Church has offered the center a rent-free space for the next three to five years at a house it owns on East Main Street, according to Undersheriff William Sheron.

The CAC provides children who have been sexually abused a safe place for assistance, counseling and interaction with law enforcement officials.

It operates under the auspice of Genesee Justice and the Sheriff's Office the county has been paying $1,200 a month in rent for its location on Bank Street.

The discussion about the move come up today during the county legislature's Public Service Committee meeting.

When Genesee Justice was threatened with funding cuts two years ago, it became apparent that the CAC needed to find a way to cut the rent expense.

In response, the Kiwanis Club of Batavia took up the cause of raising $150,000 to help the center get a location that it owned. So far more than $70,000 has been raised. The move to the house owned by the Presbyterian church would give supporters of the CAC more time to close the funding gap.

The Justice for Children Child Advocacy Center operates as a nonprofit organization and is supported by the county, donations and grants.

An in-kind contribution from the local Presbyterian Church would help the center fulfill matching grant requirements.

The house is located on East Main Street, between the Presbyterian church and the First Baptist Church.

The new location would give the CAC more space and be able to offer clients with different needs -- those there for counseling, say, and those for forensic interviews -- separate waiting spaces.

There is remodeling and repair work that needs to take place in the new facility and Sheron told the committee that there will likely be volunteers who do the work.

The only vote the committee took today was to approve a six-month lease on the Bank Street location, giving the CAC until June to prepare the new space.

Kelly L. Alcorn is indicted on a count of assault, 2nd. Alcorn is accused of slamming a victim against a cinder-block wall at the Darien Lake Performing Arts Center on Aug. 25. (Prior Coverage: Alcorn is a Niagara Falls police officer who was initially charged with a misdemeanor; her alleged victim pressed for upgraded charges).

Nicholas A. Antonucci is indicted on two counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th. Antonucci is accused of attempting to steal a 2007 Yamaha snowmobile with a value of $5,000 from a location in Alexander, and of attempting to steal a 2006 Yamaha snowmobile with a value of $4,000 from a location in Alexander, on or about Jan. 6, 2010. He is accused of stealing on the same date a backpack containing a Leatherman tool, flashlight and beer. He is accused of damaging the ignitions on the snowmobiles. (Prior Coverage)

John R. Chrisley is indicted on two counts of first-degree sexual abuse and one count of endangering the welfare of a child. Chrisley is accused of sexual contact with a child less than age 11 during the summer of 2011.

Armand P. Cummer is indicted on counts of felony DWi and felony driving with a BAC of .08. Cummer is accused of driving drunk Aug. 26 on Route 5, Town of Pembroke. Cummer is alleged to have a prior DWI conviction in 2008.

Francis S. Smith is indicted on a count of burglary, 2nd, and criminal mischief, 4th. Smith is accused of breaking into a residence on Washington Avenue, Batavia, on Jan. 1.

Franchesca Anais Barrome, 20, of Harvester Avenue, Batavia, is charged with criminal possession of stolen property. Barrome allegedly had possession of a credit card and student ID of another person that she used to make purchases at GCC. Barrome was jailed on $2,000 bail. The investigation is pending and additional charges are possible.

Cory M. Dahl, 20, of Pavilion, is charged with criminal mischief, 4th. Dahl was arrested following a report of a domestic disturbance on Dutton Road, Warsaw, on Feb. 13. Dahl is accused of damaging a rear door and a window. Dahl's 19-year-old girlfriend and infant child were reportedly at the residence at the time.

Tate N. Westermeier, 20, of Darien Center, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and driving without headlights. Westermeier was stopped by State Police Feb. 14 by State Police in the Village of Attica. Genesee County Deputy Howard Carlson, a trained drug recognition expert, assisted in the investigation.

Micahel J. Lathan, 27, of Batavia, was arrested by State Police on a Wyoming County Family Court warrant. Lathan allegedly failed to meet obligations set forth in a prior family court appearance. He was jailed on $1,000 bail.

Cameron John Corner, 18, of Vine Street, Batavia, is charged with petit larceny. Corner was arrested along with a 16-year-old West Main Street resident for allegedly shoplifting from Kmart.

Carlos Enrique Reyes, 38, of Lyell Avenue, Rochester, is charged with criminal contempt, 1st. Reyes is accused of violating a stay away order of protection by placing a phone call to the protected person.

A 17-year-old resident of East Main Street, Batavia, and a 16-year-old resident of Otis Street are charged with petit larceny. The two female youths were allegedly observed stealing wooden pallets from Empire Tractor.

Jazzy won over a lot of hearts in New York City last week, but she made Joanne Mistler's heart soar when a Westminster Kennel Club judge named her one of two finalists among 25 English Setters invited to the competition this year.

It was a male English Setter that won best of breed, but 3-year-old "GCH Birdhavens and All That Jazz" (Jazzy's full name) was named "Best of Breed/Opposite Sex."

Just getting invited to Westminster to show Jazzy was a big honor, Mistler said, but to come home with a ribbon from America's most prestigious dog show is the thrill of a lifetime.

"She just showed beautifully, and she loves to show," Mistler said.

A few years ago, Westminster became an invitation-only show. A dog must score enough points in accredited competitions to get on the short list of dogs who can enter the ring. Mistler took Jazzy to more than a dozen shows in the past 18 months. She won her first major in Chicago, which helped her get into Westminster.

Jazzy was part of the Sporting Group. (Groups are what you see on TV, not the breed competitions.) The male that won English Setters advanced to the group, and from the four groups, Westminster judges picked Best in Show. This year, Best in Show was Banana Joe, an affenpinscher.

For owners who show dogs, getting to Westminster isn't cheap, and the payoff ... well, unless you get Best of Breed at Westminster followed by some endorsement deals, there isn't much money to be made from dog shows.

"People say, how much do you get? How much money do you get," Mistler said. "I say, you get a ribbon, that’s it. But this ribbon -- this is prestige."

Mistler started showing setters in dog shows in the 1970s.

She and her husband bought a setter when her twins were 2 years old, and one day she was walking down a New York street and a member of the Staten Island Kennel Club asked her if she ever showed her dog.

She hadn't. He said the club was having a "fun show," and she should enter.

She did, and her dog won.

"Of course, I was hooked," Mistler said.

Her son, local businessman Ken Mistler, said he went to a lot of dog shows growing up.

In the days before Westminster was invitation-only, Joanne Mistler did manage to enter the competition -- entries would open at noon and be closed (sold out, essentially) by 12:30 -- so getting an invitation this year was itself something special.

There were 2,800 dogs in this year's competition, with 25 English Setters, and of those 25, nine were females.

Owners showing dogs must be there by 9 a.m. and stay until 3 p.m., Mistler said. The public walks through the show freely, meeting all the dogs, talking to owners and learning about different breeds.

"It's a long day for exhibitors, but it's prestigious just to be there," Mistler said. "(Jazzy) had her picture taken a thousand times and was petted by a million people."

Next up for Jazzy is becoming a mother. Mistler said she will go into heat next month.

She already has a prospective mate.

A lot goes into picking a mate for a show dog, Mistler said. Show dogs are judged against a set of standards for the breed, and every show dog has some standard that gets just a little off.

"No dog is perfect," Mistler said. "If she has a tail set too low, you look for a male with an even tail. If she is not deep-chested, you look for a male with a deep chest. You try to offset it."

The owner of the prospective mate loves Jazzy's temperament and the way she showed, Mistler said.

Typically, a pure-breed setter puppy sells for about $1,000. The red ribbon might make Jazzy's puppies a little more valuable.

From the time of Mistler's first show dog until Jazzy's predecessor (a female that wouldn't breed), Mistler always kept a puppy from the litter. With Jazzy's litter, Mistler hopes to resume the line of dogs she's bred.

Picking that puppy is as much art as it is science. At about six weeks, you see bone structure and whether the animal will be well-proportioned.

If your puppy shows, great. If one of the other puppies shows, even better.

"You hope that one of these puppies will be shown," Mistler said. "It’s every breeders dream. The chances are, if you get one to go to show out of a litter, that’s wonderful. That’s what everybody’s dream is, to have the dog that you can say, ‘Joanne bred that dog. That’s one of Joanne’s breeds.’ ”

A person was spotted wheeling a shopping cart full of beer from Tops, loading it into a car on Redfield Parkway and then leaving.

The activity was suspicious enough for two people to report it, though it's unknown at this time if the beer was stolen.

The license plate of the vehicle comes back to a residence in the city.

Batavia PD is responding and dispatchers are checking with Tops.

UPDATE 5:46 p.m.: It's a confirmed larceny.

O-AT-KA Milk Products will soon complete a $16 million expansion of its production facility in Batavia, but the potential of the expansion could be hindered, Sen. Charles Schumer said today, if Canada enacts new trade barriers to milk products.

Schumer appeared at the plant today to publicize the issue and encourage U.S. trade negotiators to make fair trade in milk products a priority.

"The $16 million expansion not just to stay status quo," Schumer said. "Their (O-AT-KA) products are in large demand. The market in Canada and the market in the U.S. are very similar. Our tastes are similar, so this is an opportunity to grow and you don’t want to stop it in its tracks. Many of the new products they’re making are booming. Again, a whole new market of 30 million extra people right nearby would be really important."

O-AT-KA employs 300 people locally and at least 16 jobs are expected to be added with the expansion. The expansion will go forward to meet growing U.S. demand for nutritious milk products, company executives said, but there won't be as many new jobs and as much opportunity if Canada cuts imports of U.S. milk products.

"O-AT-KA has been paving a path of innovation for Upstate New York for years," Schumer said. "They've been taking the milk our farmers produce and turning it into new products that consumers demand. Rolling back trade access now could rip the rug out from under O-AT-KA's grand plans."

Highlights from the Batavia City School District (BCSD) Board of Education meeting on Feb. 12, include news and updates about the following:

• Capital Improvement Proposal

• Blue Devil Update

• Staff and Staff Development

• Board Members Earn Awards 

Capital Improvement Proposal

Jerry Young, of Young and Wright Architectural, presented an overview of the potential capital improvement project that our Buildings and Grounds Committee began discussing in May 2012. Recommendations for this project came out of a state-mandated Building Conditions Survey in September 2010, as well as subsequent reviews of building conditions. The presentation to the Batavia school board will be followed by presentations to the Budget Ambassadors, to school parent-teacher organizations, and to community groups upon request. The board will review the proposal and, if approved by them, it will go up for community vote in May.

Major components of the $3,841,000 proposed project include work at Richmond Memorial Library ($1,590,000), VanDetta Stadium/Batavia High ($548,000), Batavia High School ($406,000), Jackson Primary ($621,000), John Kennedy Intermediate ($557,000), Batavia Middle School ($80,000), and Robert Morris ($39,000). Most of the items outlined and pictured by Young in his presentation addressed building deterioration or legal compliance issues.

Work at Richmond Memorial Library ($1,590,000) would include slate roof shingle replacement, flat roof replacement, masonry restoration on the original building, window and door replacements on the original building and addition, site work (including sidewalks, roadway and parking), and interior improvements such as carpet and emergency lights.

Work at VanDetta Stadium/Batavia High ($ 548,000) addresses both gender-based discrimination targeted by Title IX of the federal Educational Amendments Act of 1972 as well as discrimination based on disabilities as outlined in the Americans with Disabilities Act. The scope of work includes improvements to the girls’ softball field (dugouts, scoreboard and fence) as well as improving or creating handicapped access to the bathrooms, the concession stand, the ramps to stadium seating, and handicapped seating.

Work at Batavia High School ($ 406,000) includes sitework for additional parking and a sidewalk to Genesee Valley Educational Partnership, HVAC upgrades, energy-efficient lighting and a motorized curtain in the gym, new hot water heaters and gas meters, and some security improvements.

Work at Jackson Primary ($621,000) includes site improvements for the playground and parent drop-off, masonry restoration on the chimney and corners of the building, window replacement on the second floor, bathroom installation in the kindergarten wing, and some security improvements.

Work at John Kennedy Intermediate ($557,000) includes window replacement on original building, masonry restoration, energy-efficient lighting improvements in gym, and some security improvements.

Work at Batavia Middle School ($80,000) includes a new hot water heater, air conditioning in the cafeteria, masonry restoration on the chimney, and energy-efficient lighting improvements in the gym.

Work at Robert Morris Elementary ($39,000) includes the replacement of a sanitary line in a crawl space.

Plans for financing the project include the use of the Capital Reserve Fund for non-aided projects such as Richmond Memorial Library and VanDetta Stadium. For the remainder of the project, the Selected Building Aid ratio for 2012-2013 is 0.799 (or 0.201 local cost) for school buildings. In addition, other financing options such as Public Library Construction Grants and State Historic Preservation Funding will be pursued for the library projects. Grant applications, however, may only be made after the public approves a project.

For more information, or to schedule a presentation, please contact the Superintendent’s Office at 343-2480, ext. 1000.

Blue Devil Update

Director of Health, Physical Education, and Interscholastic Athletics Michael Bromley provided an update on the Batavia Blue Devils, noting that overall, the district offers nearly 15 sport programs making up 30-35 teams over the course of a school year for both boys and for girls. In 1999, only 39 percent of students participated in at least one sport, whereas last year, 54 percent did. In fact, over the past four years, an average of 54-57 percent of all students in grades 7-12 participated in at least one sport, and many of those individuals participated in multiple sports.

The 2012-2013 school year is off to another promising start for athletics: 383 students participated in one of the fall sports, eight of the 10 teams earned recognition by the NYSPHSAA (New York State Public High School Athletic Association) as being Scholar Athlete teams for having a composite GPA (grade-point average) of 90 or above, nine students were named to Monroe County Public School Athletic Conference First Teams for their sports and 13 more were named to Second Teams, the cheerleading squad won second in sectionals, the volleyball team was a sectional finalist, and gymnastics had one state competitor.

Staff and Staff Development

Reporting on the district’s progress in working with the University of Rochester Warner School of Education's Outreach Center to explore and discuss best ways to implement the new Common Core Standards for math, Superintendent of Schools Christopher Dailey noted that the middle school math teachers recently completed their sessions and have been utilizing many of the ideas discussed. High school math teachers now have begun their sessions, focusing on algebra and the Common Core Standards. In March, our elementary math teachers will take their turn in working in partnership with the U of R.

GVEP curriculum coordinator Jolene Dettman returned from a Network Team Training Institute in Albany which focused on Common Core Learning Standards, and Superintendent Dailey noted that she will share information from the institute with the district’s Instructional Leadership Team as they prepare for the staff development day scheduled in March.

Also through GVEP, Superintendent Dailey announced that the district has been invited to join a school district “cluster” with representatives from Pavilion, Caledonia-Mumford, York, and Wyoming school districts for the 013-14 school year. The cluster will enable participating districts to pool resources for professional development and the implementation of the Common Core.

Board Members Earn Excellence Awards

Superintendent of Schools Christopher Dailey presented board members Patrick Burk and Amy Barone each with a NYSSBA (New York State School Boards Association) Leadership in Governance Award for earning 150 points through NYSSBA leadership development. The school board U Recognition Program acknowledges the extensive time and effort required of school board members who continually strive to expand their knowledge and skills for better board governance. NYSSBA members earn credits, or points, for participating in school board U training opportunities and earn awards for earning a substantial number of credits.

Jason Lee Johnson, 30, of Glide Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding, aggravated unlicensed operation and failure to dim headlights. Johnson was stopped at 1:06 a.m., Sunday, on Route 5, Pembroke, by Deputy Patrick Reeves.

Michael Robert Moyles, 34, of Hartshorn Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, following too closely and speed not reasonable or prudent. Moyles was arrested following an investigation by Deputy Jason Saile and Deputy James Diehl into a hit-and-run accident on Ellicott Street, Batavia, at 7:10 p.m., Saturday.

Joseph Paul Elmore, 43, of Walnut Street, Batavia, is charged with unlawful possession of marijuana. Elmore was allegedly found in possession of marijuana during a check by Deputy James Diehl of a vehicle along the roadway at 1:03 a.m. on Route 63.

David James Shultz, 30, of West Main Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and inadequate headlights. Shultz was stopped at 9:20 p.m., Sunday, on West Main Street Road, Batavia, by Deputy Kevin McCarthy.

Erika Lynn Conway, 24, of East Oakfield Road, Grand Island, is charged with DWI and driving with a BAC of .08 or greater. Conway was arrested by Deputy James Diehl at 7:23 p.m., Saturday on Hartshorn Road in Batavia following a driving complaint.