New York Times: Iraq Said to Seek U.S. Strikes on Militants

In honor of Dairy Month, the Genesee County Legislature presented Dairy Princess Kayla Wormuth with a proclamation recognizing the contribution dairy makes to the local economy and the nutrition of people. Legislator Shelly Stein, right, presented the resolution. Also participating were dairy ambassadors Becca Slattery and Mary Sweeney, and Georgia Luft, dairy maid.

Friends of the Batavia Peace Garden dedicated a new bench -- a bench with the wings of a butterfly -- Wednesday afternoon.

The steel was laser cut by Oxbo International, of Byron, and the welding was completed by Barone's Welding, of Batavia. Paint was supplied by Mosman's and the Melody Barbeau Family, of Florida. The painting was completed by Old World Collision.

Pictured above, front row, Carol Grasso, Bernada Scoins, Barb Toal, Rob Barone and Steve Merritt (Oxbo).

Barb Toal making a dedication speech.

The bench from behind.

Carol Grasso's new puppy liked the bench.

Sgt. Shaina Schmigel was remembered Wednesday with tears and tenderness and lauded for her honor, duty and service to her country.

Hundreds of people in Genesee County turned out to pay tribute to the 21-year-old Army paratrooper who died while serving her country.

Schmigel was from Batavia and attended high school in Medina and her life and news of her death touched people from throughout Western New York.

Her funeral was at Michael S. Tomaszewski Funeral & Cremation Chapel on West Main Street Road. Following the service, her flag-draped casket was loaded into a hearse by a military honor guard. The hearse was escorted to the cemetery in Corfu by the Patriot Guard Riders and Hogs for Heroes Foundation.

Along the route, residents, construction workers, firefighters and schoolchildren lined the roadway, waving flags, carrying signs and snapping salutes as a show of respect to Schmigel and her service to the nation.

A friend said family members were touched by the tribute.

Schmigel died on May 30 in a nighttime training accident at Fort Bragg, N.C.

“You are so brave, so courageous,” her brother Matthew Scroger, of Lackawanna, wrote in a letter read by Navy Chaplain Rev. David Glassmire during the service at Tomaszewski's. “Your beautiful spirit, love and energy will forever take care of us.”

“For some people it’s just a paycheck, but it was never a paycheck just to her,” said Staff Sgt. Scott Kuznia who worked in the same unit with Schmigel for two and a half years. Kuznia added, “She was outstanding. She loved being a paratrooper and a soldier.”

Schmigel loved NASCAR and country music. As part of the service, two country songs were played, Toby Keith's “American Soldier” and “Courtesy of the Red, White and Blue.”

“Thank you for being so brave and serving our country,” her 16-year-old sister Sheniqua Samol, of Medina, shared in a letter read by the chaplain. “What will I do without you? I will survive, but I will never be the same.”

Portions of this story provided courtesy Tom Rivers, OrleansHub.

Top Photo, Shaina's mother, Karie Schmigel, with the flag that draped her daughter's coffin, following the service in Corfu.

The Vietnam Moving Wall returned to Genesee County today and was transported in with an honor escort from Batavia to Pembroke this morning.

The wall will be on display as part of the Cost of Freedom Tribute sponsored by Oakfield-Alabama Legion Post #626 at Pembroke Town Park through Sunday.

For a schedule of events, click here.

These four photos were taken in Oakfield this morning.

We have more photos and coverage coming.

Mel Osborn placed flags in front of his residence in Oakfield in anticipation of the escort passing through the village.

A vehicle that reportedly looks like a school bus stopped at property on Sumner Road in Darien, near the junction with Route 77, and a female is said to have gotten off the bus and defecated on the lawn. She then got back aboard and the bus continued. A Sheriff's deputy is trying to find the bus. Although the caller described the vehicle as a school bus, we're skeptical since the Dave Matthews Band concert is tonight at Darien Lake.

A pickup truck and car crashed in the parking lot of Save-A-Lot, 45 Ellicott St. City of Batavia fire and Mercy medics are responding. Injuries are reported.

A hazardous weather outlook has been issued for Western and North Central New York by the National Weather Service.

A warm front will move across the region today and it will generate some showers and thunderstorms, which could include some heavy rain. The highest chance for heavy rain will be close to Lake Ontario.

A warm and humid air mass Thursday and Friday will support more showers and thunderstorms. There will be a chance locally for heavy rainfall.

A car accident with injuries is reported at 6968 Transit Road. Elba Fire Department is responding along with Mercy medics. Mercy Flight is on standby.

The Oakfield-Alabama American Legion Post #626 is hosting a series of events this week as part of its Cost of Freedom Tribute at the Pembroke Town Park, located next to Pembroke High School, 1145 Main Road (Route 77) in Corfu. On Thursday, June 12, opening ceremonies will take place.

First, at 11 a.m., is the Assembly of Color Guards in the athletic field.

Starting at noon:

• The American flag at the park will be lowered to half staff, led by the 98th Division drill sargeant;
• The Special Forces Association Parachute Team from Fort Bragg, N.C., will conduct the "Jumping in of the American Flag." Air support will be provided by WYN Sky Diving from Akron;
• The National Athem will be sung by Harmony Bordinaro;
• The Pledge of Allegiance will be led by Bobbie Metcalf of Blue Star Mothers;
• Invocation -- American Legion Post #626 Chaplain Patrick Wilson;
• Introduction of guest speaker by LTC William Fava (Army retired);
• Guest speaker -- Brigadier General Frank Cipolla (Army retired);
• Placement of Memorial Wreath -- American Legion Post #626 & VFW Post #1484;
• Placement of additional wreaths by the Vietnam Veterans Chapter #193, Blue Star Mothers, Gold Star Mothers, American Legion Post #626 Auxiliary, Genesee County American Legion, and Genesee County American Legion Auxiliary;
• Benediction -- American Legion Post #626 Chaplain Patrick Wilson;
• Rifle Salute -- North / South Skirmish Association of WNY;
• Taps -- Tom Cecere;
• Fly-over at 1300 hours, if Pentagon approved.

Following opening ceremonies, at 1:30 p.m., patriotic music will be played by Danny B.

The daily closing ceremony is at 8 p.m. with a benediction by Rev. Patrick Wilson of the Alabama Baptist Church; Rifle Salute by the North / South Skirmish Association of WNY; Taps by Tom Cecere and Frank Panepento.

Eric Marc Chiddy, 36, of Maple Street, Batavia, is charged with assault, 3rd, criminal obstruction of breathing, unlawful possession of marijuana and obstructing governmental administration, 2nd. Chiddy was arrested following an investigation into an alleged domestic incident on Maple Street. He was jailed on $2,500.

Travis C. Bauer, 25, of Water Street, Oakfield, is charged with DWI and unlawful possession of marijuana. Batavia PD responded to a complaint at 11:43 p.m. Friday of a sick or intoxicated driver on West Main Street. After an investigation by officers Peter Flanagan and Chad Richards, Bauer was charged.

Timothy Blase Antinora, 23, of Swamp Road, Brockport, is charged with aggravated unlicensed operation, 3rd, and unlawful possession of marijuana. Antinora was stopped for alleged traffic violations at 4:09 p.m. Monday on North Lake Road, Bergen, by Deputy Joseph Corona.

New York Times: Judge Rejects Teacher Tenure for California

The annual "Fill the Boot" campaign comes to Batavia again Friday, June 20.

Off-duty City firefighters, members of IAFF Local 896, will position themselves on Ellicott, Court and Main and collect spare changes and donations from passing drivers.

This years cochairs for the event are Jeff Stevens, left, and Greg Ireland.

City firefighters have been participating in the fundraising event for MDA for 20 years.

Last year, they helped raised $8,500, which was a new record in donations locally.

Money collected benefits the children who are diagnosed with any of the more than 40 neuromuscular diseases that fall under the MDA umbrella, including ALS, commonly known as Lou Gehrig's disease.

Donations cover everything from wheelchairs to braces, physical therapy sessions to summer camps for those afflicted.

Related to our previous story: 'This is the face of addiction'

Press release:

Senator Mike Ranzenhofer has announced that the State Senate has passed 23 bills to address issues surrounding the increase in heroin and opioid abuse, addiction, and related crimes in New York.

The bills are part of a comprehensive legislative package proposed in a report by the Joint Senate Task Force on Heroin and Opioid Addiction. Senator Ranzenhofer hosted a public forum last month at Batavia City Hall, along with Task Force Chairman Senator Phil Boyle (R-C-I, Suffolk County).

“Heroin and opioid addiction is a very serious issue facing communities all across the State. This legislative package will help to combat the rise in heroin and opioid addiction and its negative effects on our communities,” Ranzenhofer said. “I encourage the State Assembly to act on each and every one of these bills immediately.”

“As a Heroin Task Force, we hosted 18 forums across the state, heard from 276 panelists, had over 2,300 attendees, and listened to over 60 hours of testimony. The information and insights we have gained as a result of these forums, and the added input from countless New Yorkers affected by this epidemic, has helped us craft these 23 pieces of legislation. These bills supported by Republicans and Democrats will encourage prevention, enhance treatment options  and strengthen law enforcement as we combat this unprecedented epidemic. By working together, across party lines, we will save lives and prevent tragedies,” Boyle said.

The passage of the bill package begins the legislative response laid out in the report to prevent drug abuse and overdoses; increase the availability and efficacy of addiction treatment; and enhance the tools provided to law enforcement to keep heroin off the streets.

The task force bills passed yesterday include:

Preventing Opioid Abuse and Overdoses

• Preventing opioid overdoses in schools (S7661): Clarifies that school districts, Board of Cooperative Educational Services (BOCES) programs, charter schools, and other educational entities may possess and administer naloxone to treat opioid overdoses, and will be protected by Good Samaritan laws.

• Increasing the effectiveness of overdose prevention (S7649A): Provides that naloxone kits distributed through an opioid overdose prevention program must include an informational card with instructions on steps to take following administration, as well as information on how to access addiction treatment and support services. Opioid overdose prevention programs provide those at risk of an overdose, their family members and their friends with naloxone kits and training on proper administration.

• Limiting prescriptions for acute pain (S2949A): Limits the number of Schedule II and III controlled substances prescribed for acute pain to a 10-day supply to prevent excess pharmaceuticals from being dispensed, and therefore reduce the risk of diversion. This restriction would not apply to the treatment of cancer pain, chronic pain or palliative care. Further, the bill provides that only one copayment may be charged for a 30-day supply.

• Increasing public awareness (S7654): Requires the Office of Alcoholism and Substance Abuse Services (OASAS) and the Department of Health (DOH) to establish the Heroin and Prescription Opioid Pain Medication Addiction Awareness and Education Program. The program would utilize social and mass media to reduce the stigma associated with drug addiction, while increasing public’s knowledge about the dangers of opioid and heroin abuse, the signs of addiction, and relevant programs and resources.

• Establishing school drug prevention programs (S7653): Adds age-appropriate information about the dangers of illegal drug use to junior high school and high school health class curricula.

• Promoting pharmaceutical take-back events (S6691): Requires OASAS to post guidelines and requirements for conducting a pharmaceutical collection event on its Web site. According to the Substance Abuse and Mental Health Service Administration (SAMHSA), nearly 70 percent of those who first abuse prescription drugs get the pills from a friend or relative. Facilitating proper and timely disposal of unused narcotics helps to reduce the danger of diversion.

• Ensuring prescribing practitioners stay abreast of best practices (S7660): Creates a continuing medical education program for practitioners with prescribing privileges. DOH and the State Education Department (SED) would establish standards for three hours of biennial instruction on topics including Internet System for Tracking Over-Prescribing (I-STOP) requirements, pain management, appropriate prescribing, acute pain management, palliative medicine, addiction screening and treatment, and end-of-life care.

Increasing the Availability and Efficacy of Addiction Treatment

• Creating a new model of detoxification and transitional services (S2948): Establishes the Opioid Treatment and Hospital Diversion Demonstration Program, requiring the development of a new model of detoxification and transitional services for individuals seeking to recover from opioid addiction that reduces reliance on emergency room services.

• Establishing a relapse prevention demonstration program (S7650): Creates a Wraparound Services Demonstration Program through which OASAS would provide case management or referral services for nine months to individuals who successfully complete substance abuse treatment programs. These community supports-access to which is intended to prevent a relapse – include educational resources, peer-to-peer support groups, social services and family services and counseling, employment support and counseling transportation assistance, medical services, legal services, financial services, and child care services.

• Enabling parents to require children to undergo treatment (S7652A): Provides that a parent or guardian may petition to have a minor child designated as a Person in Need of Supervision (PINS) due to a substance use disorder, and that a court may require a PINS child to undergo substance abuse treatment.

• Establishing assisted outpatient treatment for substance use disorders (S7651A): Enables a court to order Assisted Outpatient Treatment (AOT) for an individual with a substance use disorder who, due to his or her addiction, poses a threat to him or herself or others.

• Promoting the affordability of substance abuse services (S7662A): Improves the utilization review process for determining insurance coverage for substance abuse treatment disorders, and requires insurers to continue to provide coverage throughout the appeals process.

Providing Additional Resources to Law Enforcement

• Studying the conversion of correctional facilities to treatment centers (S7655A): Directs OASAS and the Department of Corrections and Community Supervision (DOCCS) to study the feasibility of converting closed correctional facilities to provide treatment for substance use disorders. Agencies would examine the feasibility of such centers providing both inpatient residential and outpatient care.

• Establishing the crime of homicide by sale of an opioid controlled substance (S7657): Creates an A-I felony for the unlawful transportation or sale of an opioid that causes the death of another.

• Restricting drug dealers from participating in the SHOCK incarceration program (S7656): Holds drug dealers accountable by preventing participation in the SHOCK incarceration program – under which young adults receive substance abuse treatment, academic education, and other services to promote reintegration – by individuals convicted of a A-II felony drug offense, except if he or she tests positive for a controlled substance upon arraignment.

• Creating Drug-Free Zones around treatment facilities (S1388): Establishes a B felony for the sale of a controlled substance within 1,000 feet of a drug or alcohol treatment center or methadone clinic.

• Improving safety at judicial diversion programs (S1879A): Requires a court, in determining a defendant's eligibility for a judicial diversion program for alcohol or substance abuse treatment, to consider the underlying charges and the defendant's propensity for violent conduct. The bill also requires the facility treating a defendant under this diversion program to notify the local law enforcement of the defendant's placement and arrest record, and to submit a security plan to the Division of Criminal Justice Services (DCJS) to provide for the safety of staff, residents and the community. Finally, this bill allows a defendant to appear via video conference, and makes unauthorized departure from a rehabilitation facility a D felony.

• Reallocating funds from asset forfeitures (S7658): Reduces the state share of certain asset forfeitures to increase allocations for the reimbursement of expenses incurred by localities for investigation and prosecution, and provides additional monies for the Chemical Dependence Service Fund.

• Expanding the crime of operating as a major trafficker (S7663): Facilitates convictions for operating as a major trafficker by reducing the number of people that must have participated from four to three, and lowering the minimum required proceeds from the sale of controlled substances during a 12-month period from $75,000 to $25,000.

• Establishing the crime of transporting an opioid controlled substance (S7659): Allows prosecution for a new crime when an individual unlawfully transports an opioid any distance greater than five miles within the state, or from one county to another county within the state, to address diversion and distribution of heroin and prescription drugs.

• Facilitating the conviction of drug dealers (S7169): Provides that possession of 50 or more packages of a Schedule I opium derivative, or possession of $300 or more worth of such drugs, is presumptive evidence of a person’s intent to sell.

• Establishing criminal penalties for the theft of blank official New York State prescription forms (S2940): Expands grand larceny in the fourth degree to include the theft of a blank official New York State prescription form. This bill would also redefine criminal possession of stolen property in the fourth degree to include the possession of a stolen New York State prescription form, and create an A misdemeanor of criminal possession of a prescription form.

• Prosecuting acts by street gangs (S4444A): Creates the Criminal Street Gang Enforcement and Prevention Act to provide a comprehensive approach to protecting the public from gang-related crimes and violence, including those that relate to drug trafficking, and establishing the criminal street gang prevention fund. The bills have been sent to the Assembly.

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Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) and State Sen. Michael Ranzenhofer (R,C,I-Amherst) will welcome the students of Byron Bergen Elementary School’s fourth-grade class to Albany to perform original skits to highlight the legislation suggested by them to make yogurt the official state snack. These students are learning important lessons about government and civic participation such as how laws are made and how citizens can make an impact on the process.

“This group of legislators in training from Byron Bergen Elementary School has, through their advocacy, helped the yogurt bill to pass the State Senate. The lessons that these students are learning through this process are invaluable and will stick with them as they grow,” Hawley said. “I’m hopeful that we will be able to pass this in the Assembly and finish the work that these youngsters started. This process has been one of the most enjoyable moments during my time in the Assembly, and I’m thankful for the contribution these students have made.”

The students chose yogurt as the official state snack because of its importance to the state’s economy. New York produces 692 million pounds of yogurt every year, making New York the leading producer of yogurt in the country. The yogurt industry is part of New York’s dairy industry, which is the fourth-largest in the nation. The dairy industry in New York generates $2.4 billion in sales, providing economic benefits and employment for all Upstate New York farmers.

The fire hall in East Pembroke has served its department well for more than 80 years. Now, Fire District officials hope the department's next fire hall will serve the community well for another 80 to 100 years.

If there is a new fire hall.

Voters will need to approve the expenditure and tax increase to make it possible, and Fire District Commissioner Bill Lawrence says it's absolutely essential to approve the expenditure if East Pembroke Fire is going to continue to provide essential service to the 100 square miles and 5,500 residents over its coverage area.

The proposed fire hall would sit on land purchased by the district more than a decade ago that is a little bit east of the current location. The building would be 11,128 square feet and cost $3 million.

It would contain not only more room for existing fire trucks, but rooms for hose drying, decontamination and air packs.

"It's by no means a castle," Lawrence said. "It's just a basic building. It's got what we need and stuff that we should have had."

For a district that has traditionally held the line on tax increases, the proposal might make some property owners gulp. The tax assessment would go up from the current $1.10 per $1,000 of assessed value to $1.98.

But that price factors in future inflation, new trucks, ongoing maintenance and other expenses.

"There won't be another tax rate increase for 20 years," Lawrence said.

The district, Lawrence said, has always tried to keep taxes down, even while always paying cash for new trucks and keeping its annual budget at $150,000 or less.

Now the district faces a situation where the fire hall must be replaced, but there's not enough money in the bank to cover all of the costs.

"Our feeling was to let the people keep their money," Lawrence said. "We've been asked, 'why didn't you increase the tax rate right along?' But we felt it was better to let people keep their money."

There will be a public meeting June 18 at St. Mary's to discuss the new fire hall and make the case that the expenditure is critically necessary.

A visit to the fire hall's basement might be the district's most convincing evidence.

The former rec hall for the department sits under three bays that were built in the 1970s. The floor was designed to support only 14,000 pounds. The current trucks occupying those three bays weigh more than 45,000 pounds.

On the advice of an engineer, the rec hall was gutted and support beams were constructed.

The lowest available price from a contractor for the support construction was $30,000. The department was able to reduce the sum with its volunteers and material donated by Ed Arnold Scrap, Jay E. Potter Lumber and Fastenal (top photo).

The 1930s era portion of the structure was designed to support on 8,000 pounds and it currently contains a 12,000-pound rescue truck.

The structural problems with the building came to light after a car struck the fire hall Nov. 15, 2012. Before the accident, replacing the fire hall was on the district's long-term to-do list, but didn't become a matter of urgency until the accident brought code inspectors and engineers to the property who found the structure was insufficient for its current use.

Firefighting has changed a lot since the 1930s. Trucks have gotten bigger and the state has implemented ever more stringent and costly regulations. 

For example, new turnout gear for interior firefighters must be purchased every 10 years, at a cost of $3,500. New air packs must be purchased every 15 years and cost $6,500 each. The state requires all tires on fire trucks be replaced every 10 years, whether the tires are worn or not.

Recently, more and more residents have been putting steel roofs on their homes and barns. That presents a new firefighting challenge because the roofs are harder to access -- especially in frosty or wet whether -- to ventilate a fire (a key firefighting strategy).  

The increase in steel roofs means the district needs to buy a new ladder truck at a cost of $675,000.

"Somebody might ask, why are you going to get ladder truck and it's for that reason," Lawrence said. "We can't take care of these houses and some the barns that are getting these roofs on them. We're being pushed into a lot of stuff where we don't have control. It's depressing because you're losing control and still they're coming out with more regulations."

Lawrence also feels like the companies that supply fire departments with apparatus have the departments in a monopolistic hammerlock, giving them the ability to inflate prices.

Rescue 57 cost $270,000, a price Lawrence said is outrageous.

"It's like a wedding," Lawrence said. "If you're going to go anywhere for a wedding, and they know it's a wedding cake, they know it's a wedding dress, they know it's anything else, it doubles the price. They know it's related to fire, they kick the price up. There's no reason that truck should have cost nearly $300,000. No reason at all."

The current fire hall is owned by the East Pembroke Fire Department and Lawrence said district officials feel it would be better for the district to own the fire hall. Building a new one will give the district the chance to correct that historic anomaly.  

The fire department would then sell the current hall -- which, if you need to know -- is not the same parcel as the mud race pits, so the annual mud races would be unaffected by the sale.  

The department goes out on nearly 300 calls a year and currently has 31 volunteer firefighters. The district projects growth in the area that will mean 400 calls annually by 2034 and the department will need 55 volunteers to operate.

There simply isn't room in the current building to upgrade it enough to accomodate that growth. But even just upgrading the electrical, the structural, the mechanical and making it handicapped accessible (which would be required under federal law) would cost nearly $1 million.

Voters in the Town of Barre recently turned down a new fire hall proposal that was about half the price East Pembroke is seeking, but Lawrence said that vote doesn't concern him much.

"It doesn't make us nervous because we know what we have to have to serve the residents of the district," Lawrence said.

This fire truck arrived at EPFD new in 1934. It's the kind of truck the 1930s era fire hall was built to hold; not the massive engines of today. This truck is still technically operational, but is used for display and parades.

The crumbling cement of the floor of the firehouse as seen from the basement.

File photo from the 2012 accident that made the defects with the current fire hall much more obvious.

A two-car accident is reported at Oak Street and Park Road, Batavia.

An officer on scene reports only a minor leg injury.

City fire and Mercy EMS responding.

MSNBC: Truck-driving safeguards come into sharper focus