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Le Roy PD asks for information on residential burglaries reported Wednesday

By Howard B. Owens

Le Roy PD is looking for the public's assistance in identifying suspects involved in daytime residential burglaries Wednesday.

The burglaries occurred in the area of 90s block of Lake Street and the 50s block of Myrtle Street, most likely between 3 a.m. and 9 p.m.

No information was released on what may have been stolen.

Le Roy PD is asking residents to keep their doors and windows locked in order to make their homes less attractive targets for thieves. 

Anyone having any information or who saw any suspicious persons in those areas during that time are asked to please call the Le Roy Police Department at 585-345-6350.

Genesee County said to have 100 more jobs this March over last March

By Howard B. Owens

The Labor Department reports 100 more jobs in Genesee County for March 2014 over March 2013.

There are a reported non-farm 21,700 jobs in the county. That's also an increase over February, when 21,500 jobs were reported.

The highest number of jobs in Genesee County for March since 1990 was 22,700 in 2008.

According to the Labor Department, New York added 108,000 over the past year.

The state's unemployment rate is reported at 6.0. The county's updated unemployment rate is not yet available. The rate for February was 7.5 percent.

Collins encourages applications for new specialty crop grants

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today announced the availability of approximately $1.4 million in grant funding to support Specialty Crop programs in New York. The funding is a part of the Farm Bill passed by Congress earlier this year.

“Specialty Crop farming is a large part of the agricultural community in New York’s 27th Congressional District,” said Congressman Collins, a member of the House Agriculture Committee. “This grant program will help our fruit and vegetable farmers, along with their partners, develop new ways to bring products to the market, helping farms grow and increase profits.”

The federal block grant funding provided through the Farm Bill is allocated directed to each state. Congressman Collins encourages interested applicants to apply directly to the New York State Department of Agriculture. Grant applications are due in early May.

Open burn reported on Oak Street, Batavia

By Howard B. Owens

An open burn is reported in the area of 139 Oak St., Batavia.

City fire and Batavia PD being dispatched.

UPDATE 7:28 p.m.: The fire is behind 131 Oak St. and firefighters will be putting it out with a canister.

Big law enforcement response to reservation for property dispute at Arrowhawk Smoke Shop

By Howard B. Owens

Dozens of law enforcement officers were on the Tonawanda Indian Reservation for about four hours this afternoon to help keep the peace while two factions of the same family tried to resolve an ownership dispute over Arrowhawk Smoke Shop.

Tom Peters (top photo), who said he's been managing the business recently for his family, said members of the Genesee County Sheriff's Office showed up this morning with a court order giving his niece, Corrine Thomas, control of the property.

The order was signed by Judge Robert C. Noonan, Peters said, but Peters said Noonan had no jurisdiction of the land of his nation.

This is reservation land and any court order from any judge is not valid out here," Peters said. "He has no right to be here. He doesn't have jurisdiction here."

There's a bit of a contradiction over how the dispute was resolved for the time being today. Peters said a higher court issued a stay of Noonan's order, but Chief Deputy Gordon Dibble said he was unaware of any such order. He said the Tonawanda chiefs brokered a deal to take control of the property until the issue can be resolved.

There were about 10 members of the Sheriff's Office on scene and more than two dozen troopers, including at least two K-9 units, which arrived to provide back up.

Asked if this was a typical response, Dibble said, "Is this typical? This isn't a typical situation. I've never seen a situation like this in my 38 years, so I wouldn't call it typical. I don't know that there is such a thing as a typical police response. We respond and do what we have to do for the safety of the people, and I think we were successful. Nobody got hurt."

Dibble and about 10 members of the Sheriff's Office delivered the court order from Noonan this morning about 7:30. According to Dibble, the order gave Thomas the right to inventory the property and its contents.

Peters said he was evicted from his apartment above the restaurant on the property. 

The dispute is about three years old, Peters said, going back to the death of his brother. His brother left a will and Peters said there are provisions in the law that contradict tribal law. He said it gave away property that belongs to the Tonawanda nation.

It's unclear at what point Thomas became the estate's executor, but it was apparently because she has been named executor that she was there this morning.

Once the order was delivered, the Sheriff's personnel left the reservation, then early this afternoon there was a small fire at the location and Dibble said there were "threats made."

That brought deputies back to the scene and a host of troopers to provide back-up.

Dozens of residents of the nation mingled in the surrounding area, along with some customers of the nearby smoke shops and gas stations, and watched as a group of chiefs and others sat on chairs and talked outside the Arrowhawk.

At around 4 p.m., Thomas and her supporters -- Peters called them "warriors" and "mercenaries" hired by Thomas -- left.

Dibble and Peters may not agree how the settlement came about, but they both agree the matter is now in the hands of the chiefs. Peters said he believes federal courts will overturn Noonan's order.  In the meantime, it's unclear if the Arrowhawk will reopen before the dispute is resolved.

Dibble said the chiefs will post guards on the property.

Drug days behind him, former Oatkan Knight gets another shot at life and football

By Howard B. Owens

On a cruel April morning in 2011, Craig Tiberio looked at himself in the mirror. The man he faced stood accused of dealing drugs and assaulting a police officer. Looking at that mirror affixed as it was to a jailhouse wall, Tiberio didn’t like what he saw.

“I was at the end emotionally,” Tiberio said. “I knew there wasn’t anyplace to go but up unless I wanted to keep living the life that I was living. I obviously knew that if I got back on track, I had the potential — if I was motivated enough — to play sports again.”

As a high school junior, Tiberio had been a standout receiver for the Le Roy Oatkan Knights. He was at least a legitimate Division III prospect entering his senior season. All he wanted to do, or so he thought, was play football at the collegiate level.

Craig describes his childhood as challenging, chaotic, as anything but stable. Sports, especially football, was an escape.

“I always clung onto sports,” Craig said. “It was my time free from thinking about what was going on in my life.”

An injury changed everything. 

In the sixth game of his senior season, Craig Tiberio suffered a stress fracture in his spine.

That meant pain medication. It meant time away from the field, from his teammates, from everything that had kept him anchored.

It’s a familiar story in sports — injury, pain medication, followed by a need to self-medicate with whatever street drugs might be available. The pattern killed former Padres pitcher Eric Show. There are countless cases of high school and college athletes you never hear of whose lives were altered by drug use after an injury.

The story of Craig Tiberio is the story of a once-promising athlete who hit bottom and then turned his life around. He entered guilty pleas May 27, 2011 in Genesee County Court to assault, 3rd, criminal possession of a controlled substance, 4th, and to DWI. As he stood before Judge Robert C. Noonan that day, he faced a near certain four-year prison term. Back in court weeks later with positive progress reports, Noonan gave him a second chance. Step by step since, he’s made the most of it. He’s on the dean’s list at Buffalo State University. He volunteers with third- and fourth-graders in Buffalo. His assigned practice squad includes Buff State’s best players, and if he avoids injury, he has a shot of starting at tight end for the Bengals.

A passion for sports
It’s been long path paved by determination and family support since Tiberio gazed into the jailhouse mirror that April morning in 2011, with just the glimmer of a thought that maybe, maybe, he could rekindle his dream of playing college football and pursue a career in coaching.

He’s made it this far.

“You’ve got to ask yourself 'how bad do you want to be successful?' in any aspect of life,” said Tiberio after an early morning spring practice at Coyer Field.

He sat on a near-side bench under an optimistic blue sky while teammates who missed an earlier practice pushed 50-pound weights on their hands and knees up and down the sideline, from the 50 to the goal line and back, 10 times each.

“Some people are just completely content with working a minimum-wage job and being able to do anything they want, but for me, I appreciate freedom more than I ever did. Some people take that for granted. It comes with how much pain are you willing to deal with before you want your life to get better.”

When Craig was but a few months old, his mother moved him from Fairfax, Va., where he was born, to Le Roy. She started living with Art Nicomento, an electrician, and the couple stayed together until Craig was 5.

Then things started to unravel. According to Nicomento, Craig’s mother got hooked on drugs. The couple separated, but Craig stayed with Nicomento. Eventually, Nicomento became Craig’s legal guardian.

“He was a good kid, a smart kid,” Nicomento said. “I wanted to take care of him.”

Tiberio said he gravitated to sports at an early age. It was his salvation through years of turmoil. He doesn’t go into much detail, nor does Nicomento, but Craig clearly loves Nicomento, whom he calls “Dad.”

Talk to anybody in the community about Art and Craig and they will tell you, Nicomento was always there for his son.

By his sophomore year in high school, Craig Tiberio was turning heads on the gridiron, the hardwood and in track and field. Any sports story previewing Le Roy’s chances in the football or basketball seasons included Tiberio as integral to the team’s potential success.

As a junior, Tiberio stood 6’ 3” and weighted 175 lbs. He was athletic and fast. His junior year, he was the Section V champ in the long jump and the triple jump. He also ran on the team’s 400-meter relay team and won a few meets in the 3200 and the 100-meter dash. In basketball, there isn’t a game story that doesn’t list the strong forward as pouring in at least a dozen points and pulling down four or five rebounds.

In Le Roy, football is king and football was Tiberio’s passion. He combined speed, height and agility to haul in passes no defender could touch.

“I always had the attitude in high school, standing on the field across from another player, they can’t stop me,” Craig said.

Jim Bonacquisti, an assistant coach for the Knights, remembers Tiberio as a big play maker. A Tiberio TD reception helped stop a long Hornell home-winning streak. One of Tiberio’s big scores against archrival Cal-Mum came on a fourth-down reverse in a sectional semi-final. Then he intercepted a pass to help seal the deal.

Tiberio was named to the Livingston County Athletic Association’s all-star team on both offense and defense his junior year. (Le Roy is in the Livingston County footbal league). He was also named to the all-state team. He averaged 20 yards a reception and picked off seven passes playing free safety.

“I would rank him behind Mike Humphrey and Brandon Fulmer as far as the best we’ve had in my tenure,” Bonacquisti said. “Ironically, Craig getting hurt his senior season opened the door for Mike’s increased playing time in 10th grade. In Craig’s junior year, he caught anything near him, plus he was a pretty good safety. He wasn’t a big hitter, but he was usually around the ball.”

Unsportsman-like conduct
In his senior year, Tiberio said he was already hampered by a minor back injury, but continued to play. In five starts, he only had eight catches for 88 yards and one TD. On defense, he only had three tackles and two assists.

Friday night, Oct. 6, 2006 was homecoming for the Perry Yellowjackets. Unfortunately for the Perry student body, the Yellowjackets were scheduled to play their homecoming game against an undefeated Oatkan Knights team who would go on to win the Section V Class C title.

Tiberio was having one of his best games of the season with three receptions, including one for a TD, when late in the 4th quarter, with the Knights up 48-0, Tiberio snagged Heath Henrickson’s pass for an interception and returned it 33 yards before being tackled by a Perry player.

... More after the jump ... click the headline or the link below the picture ...

According to Tiberio, he was face down on the field after the tackle. The Perry player, he said, sat on his tailbone and then pulled up on his neck.

A flag was thrown for unsportsman-like conduct, but the damage was done. 

The next day, Tiberio went to a sports medicine clinic in Rochester where a doctor told him his season was over.

“I broke down in tears,” Tiberio said.

That spring, Tiberio graduated with his class. He enrolled at Genesee Community College, but also started hanging out with a party crowd in Le Roy.

Trouble didn’t start right away. 

When it did, Art Nicometo said he was slow to recognize Craig was using illicit drugs. He said his wife Renee picked up on it first, but Art was in denial.

“Once I became suspicious about what was going on, we started digging through his garbage,” Nicometo said. “We did this three or four times so he couldn’t deny it or say it belonged to somebody else. Renee confronted him and told him we knew he was taking pills. We had a talk and I told him he was heading down the wrong path. He was losing weight. It was impacting his grades in school. He agreed he had a problem and said he would work on it.”

It wasn’t until May, 2010 that Tiberio had a run-in with the law. Just before his 21st birthday, he was arrested for drunken driving. He was also accused of possessing a controlled substance and marijuana.

Yet, the drug use continued.

In October of that year, Craig was at somebody’s house on St. Mary’s Street in Pavilion and a fight broke out. Tiberio was charged with assault. The other person was charged as well, Craig said, and when both he and the other defendant said they wanted to drop the charges against each other, the case was dismissed.

As Craig Tiberio drifted through this period of his life, there was a family gathering one evening at the Nicometo home.

“They wanted to watch my highlight tape from high school,” Tiberio said. “I literally started getting really upset. I walked out of the room knowing that I was nowhere I wanted to be in my life.”

Drug-dealing suspect
Yet, Tiberio kept hanging out with the same crowd, doing drugs and not pursuing his dreams.

“I found it was easier to keep numbing up all of my emotions instead of taking the hard road at the time and getting clean and busting my hump to really get on track,” Tiberio said.

At some point in every addict's life, if they’re ever going to get into recovery, they hit rock bottom.

For Craig that point was April 19, 2011.

Somehow, Tiberio came to the attention of the Local Drug Task Force as a suspected dealer.

Using an informant, a buy was set up on Jackson Street in the City.

According to Sgt. Pete Welker, once the buy was completed and the informant walked away, plain clothes and uniformed members of the Task Force closed in.

Tiberio immediately realized he had been set up, Welker said, and he tried to assault the informant. Welker and his partner intervened. In the process, Welker’s finger was bent back and sprained and when his partner tried to mace Tiberio, Tiberio put his hand up, causing the mace to spray back into the detective’s face.

That evening, Welker and Sgt. Steve Mullen, then head of the task force, went to Art Nicometo’s house to execute a search warrant.

Nicometo said the investigators couldn’t have been nicer. They had all known each other for years, and Mullen and Welker were apologetic and explained the case was entirely about Tiberio and he was the only reason they were there to search the house.

The investigators told Nicometo what happened when the arrest went down and Nicometo said he was surprised that the scuffle was going to lead to a felony assault charge. He expressed some hope that the charge would be dropped, but the investigators were noncommittal.

Tiberio was found to possess cocaine, suboxone, drug paraphernalia, drug packaging, digital scales and $310 in currency.

“My first reaction was to call a bail bondsman, but when I called, he didn’t answer and later I was thankful he didn’t,” Nicometo said. “The next morning, Renee and I both said, the problem has got to stop. We’re not getting him out of jail. The only way he’s going to change his life is if he goes from bed to bed, from jail to rehab.”

At first, Nicometo said he couldn’t get any help from GCASA. He called several rehab facilities and couldn’t find a bed for his son.

“I was near giving up,” Nicometo said.

Then he finally reached the right person at GCASA and they were able to secure a bed for Craig.

His attorney, Tom Burns, had to be the one to escort Tiberio from the jail to GCASA, but Nicometo rode along and walked in the door with his son.

They were greeted almost immediately, Nicometo said, by four kids from Le Roy.

“One of them said, ‘hey, great, the old gang is all together again,' ” Nicometo said. “I didn’t have a good feeling.”

From GCASA, Tiberio transferred to Hope Haven. After he successfully completed that program, he transferred to a halfway house in Niagara Falls.

It was Craig’s choice, but Nicometo was against it from the start.

“As it turned out, it was a good decision, but it was tough dropping him off there,” Nicometo said. “It’s just around the corner from that casino and, well, you know what that neighborhood is like.”

During his six-months at the halfway house, Nicometo racked up quite a phone bill, since he allowed and encouraged Craig to call home every day.  

As he progressed in treatment, Tiberio started thinking about football again. Nicometo got his tapes together and sent them to the recruiter at Buffalo State.

Being coachable
One day a week, Tiberio was allowed to leave the halfway house for personal time with family. Typically, he spent the time with family in Le Roy, but one day, they set up a visit with Jerry Boyes, head coach of the Bengals.

Boyes is a Hollywood casting director’s idea of a college football coach. Tall, thin and as tough and straight as a 16-penny nail. On the field during practice, he talks with his players about dedication, hard work, commitment and discipline. 

To play for Boyes means you get to practice on time and learn your assignments. There is only one type of player on the field: the one who is coachable. Being coachable, Boyes told his players, means you don’t wilt when a coach yells at you. You learn your lesson, get better and never get yelled at a second time for the same mistake. Any other kind of player won’t be practicing with the team very long.

In the 1960s, he was an All-American QB for Ithaca. He was 1995’s NCAA Division III Coach of the Year. In two stints running the program, his record is 111-90.

“I was really nervous and really scared that with my situation he wouldn’t even give me an opportunity,” Tiberio-Shephard said. “As he said, he’s all about trust. I was completely open with him. He set some guidelines. He didn’t want me to be an issue or a bad influence. Once I had that in front of me, where he said I had an opportunity, that was just — well, I’ve always had a dream of playing college football and when I hurt my back, I just kind of gave up on it. Obviously, I had a lot of regrets.”

With those assurances, Boyes said of course he was open to giving Craig a second chance.

“I told him my expectation was that he stay true to what he promised me, that he stay clean,” Boyes said. “He made that commitment to me.”

As Tiberio continued his rehab, he volunteered at a soup kitchen in Niagara Falls.  Nicometo said that really helped the young man see a little clearer what the bottom of life was like and understand he didn’t want to go there.

As soon as he was able to, he enrolled at GCC again so he could work on raising his grades (having left previously with a GPA hovering around 1.0).  

Then, another setback.

Three weeks before the fall semester, an admissions councelor at Buffalo State said the college wasn’t going to admit a student with Tiberio’s criminal record.

That made Art Nicometo a little bonkers.

“I told them he’s already accepted at another SUNY school, at GCC,” Nicometo said. “He’s on the dean’s list. I told them, what you’re doing is wrong.”

He asked if there was an appeals process. They said there wasn’t. “Well, there is now,” Nicometo said.

Nicometo and the university wrangled back and fourth for two weeks before it reversed its decision.

That gave Nicometo and Craig a week and a half to find an apartment near the campus. They found one, but it wouldn’t be ready for another month, so for the first couple of weeks of college Nicometo shuttled the license-less Tiberio between his classes at Buff State and Le Roy.

Climbing a high hurdle
During the months of going through rehab, going back to school, planning for his future, Tiberio still wasn’t done with the Genesee County Court of Judge Robert C. Noonan.

He came to court in July 2011 knowing Noonan could sentence him then and there, but based on reports of his good progress, Noonan delayed his sentencing and ordered him back in court in November. At the November appearance, Noonan was again pleased with what he heard about Tiberio’s progress and set a new sentencing date of March 27, 2012.

Noonan isn’t the kind of judge to take lightly an assault on a police officer. While defendants with a history of drug abuse often get second, maybe even third, chances, Noonan takes respect for the law and those who enforce it seriously.

Tiberio knew, even with all of his progress and all of his family support, Noonan could still send him to prison. His attorney, Tom Burns, braced him for the worst and hoped for the best.

Burns stood up for his client in court.

"I've noticed he hasn't gotten all cocky about his treatment progress and he seems to accept the fact that this is something he is going to have to work hard doing for a long period of time, which is not only sobriety, but criminal-free living, which he intends to do," Burns said.

Rather than prison, Noonan put Tiberio on five years probation.

"The significance in not sending you to state prison tells me that you've climbed a very, very high hurdle to be here today and be in a position to get probation," Noonan told him from the bench.

The judge received dozens of letters of support for the defendant, but none were more important than the letter delivered to his office by Sgt. Pete Welker, one of the investigators Tiberio had assaulted.

“The gist of the letter is that I asked Noonan to give him a second chance, knowing that if he screwed up, Noonan would have a ability to send him to prison,” Welker said in an interview last week.

It’s routine for arresting officers to provide the Probation Department with letters about their interactions with defendants as part of the pre-sentence investigation. Welker’s first letter was a standard recommendation for a prison term. This was the first time in his 14-year drug enforcement career that Welker’s reversed course and retracted his first letter.

That simple twist of fate came about only because Welker happened to run into Tiberio at a Buffalo Bills game.

“I was walking through one of the tunnels and I saw him standing there,” Welker said. “I didn’t know how it was going to go, but I approached him and we stood there and talked for five or six minutes. He apologized and told me he was in some kind of assisted living, maybe a halfway house, in the area. He said he had been clean and wanted to go to college.”

After the chance meeting, Welker decided he wanted to know more about Tiberio’s progress and try to determine his sincerity, so he contacted Burns and asked for a meeting with the attorney and his client.

“The impression that I got that this was a kid who wanted to do the right thing,” Welker said.

In court, when Noonan spoke, Tiberio listened.

“Noonan put down some thick guidelines, pretty much a no-tolerance policy,” Tiberio said. “If I messed up at all, he was bringing the hammer down on me. I took that seriously.”

Handling adversity like a winner
By the time Tiberio was a Buffalo State Bengal, he had been away from football for six years.

A Le Roy football player is expected to be tough, disciplined, hard working and team-oriented, but Knights' Coach Brian Moran’s offense is built around the running game. 

Boyes prefers the faster-paced, pass-oriented spread offense.

The lack of playing time and the more complicated schemes had Tiberio feeling like a rusty fifth wheel his sophomore season.

“I didn’t know a thing,” Tiberio said. “It took me a whole season to understand my responsibility on a play-by-play basis.”

Even so, Tiberio impressed his coaches.

By his junior season, Tiberio was in line for regular playing time, but in the second game of the year, he broke his ribs and was out for the rest of the season.

This injury, this time, wasn’t a setback. He kept his nose in the books and his mind and body fit, focused on his goals. He made the dean’s list at Buffalo State and continued to do volunteer work in the community and on campus.

The way Coach Boyes sees it, what Craig has been through and how he conducts himself now shows a lot of character.

“Anybody can handle the wins,” Boyes said. “Faced with adversity, how do you handle that? And that’s one of the great results of athletics. You’re going to face adversity every game. I guarantee it. Dropped balls, fumbles, missed blocks. Guys are going to make mistakes. How do you handle that?

“I’m very proud of what’s going on here with Craig in overcoming this adversity that he’s had,” Boyes added. “I’m anxious to see him break out on the football field because he has all the physical tools to be a great football player for us. He just needs to stay healthy.”

At 24, Tiberio is the second-oldest player on the squad and Bonacquisti said it’s quite an accomplishment for any player at his age, especially after missing so many years of playing time, to come back and compete so well against 18- and 19-year-olds in Division III.

“I have tried to encourage him,” Bonacquisti said. “I know he got frustrated last fall (when he broke his ribs), but he is really fighting long odds to get on the field with his age. The fact he practices every day with kids much younger and he can hang with them is impressive. He is getting his degree; he’s on the dean’s list; and he’s hanging on the field with one of the better D3 schools in the area. I am real proud of how he has turned his life around.”

Academically, Tiberio is excelling. By the time he left GCC, he’d raised his GPA to 1.9 and now, in his third year at Buffalo State, his cumulative GPA is 3.6.

Education and football — that intertwined focus, Tiberio said, is a big part of why he stays out of trouble. At a Division III college, there are no football scholarships. Players need good grades to stay on the field. As Coach Boyes says, “Our players are here for the right reason.” On the flip side, football helps keep Tiberio’s non-classroom hours productive.

“I feel like if I were just going to school, I’d have more time to just get in a negative mindset or put myself in a bad situation,” Tiberio said.

Only a handful of Tiberio’s teammates know about his past. There are nearly 100 young men on the squad right now, many of them fresh out of high school. Tiberio said he’s found it easier to make friends with the older players, seniors mostly, and the ones who are easygoing and nonjudgmental.  

“They’re actually kind of amazed,” Tiberio said. “They see me today and the kind of person I am. They see I care about people so much and want to help them, so a lot of them don’t even believe what I came from. They just think I’m this nice suburban kid raised in a nice white family who had it easy. It was kind of shocking to most of them when I told them what I’d been through.”

And what he’s been through is a time and a place he swears he never wants to revisit. He’s got one more year of football eligibility and then he knows his playing days are over. He dreams of coaching, but makes no long-range plans. He’s focused on his senior year at Buffalo State, as a student and as an athlete.

“For me personally,” he said, “it’s just nice to be able to wake up in the morning and look in the mirror and be proud of myself.”

Vandals knock down 25 headstones at Elmwood Cemetery

By Howard B. Owens

Among the headstones knocked over in the Elmwood Cemetery this weekend, according to Superintendent Steve Davis, was one marking the grave of a toddler.

In all, some 25 headstones were knocked over sometime over the weekend.

"I've been here almost 20 years and every year we get some form of vandalism," Davis said.

It's not always headstones getting knocked over, Davis said. Makers have been spray-painted; glass bottles have been broken on graves; and flower pots have been stolen. One time, somebody even vandalized the veterans memorial at Elmwood.

"I don't know, maybe it's just a bad neighborhood," Davis said.

In 2009, five 12-year-olds were identified as the youths who knocked over 75 headstones, but usually, the vandals are never caught.

Davis has already put the smaller headstones, including the 2-year-old's, back in place, but other will need the base leveled and the headstones epoxyed back in place.

That will cost some $500 to $600, Davis said.

With every internment in New York, there's a $5 fee paid to the State of New York for a vandalism fund. The cemetery board will have the option of applying for reimbursement from that fund, but payment could take up to a year, Davis said.

In 2009, Elmwood received about $1,000 for the damage caused by the 12-year-olds.

Davis did file a police report. Anybody with information about the vandalism can contact BPD at (585) 345-6350.

David Lee Ikeler

By Howard B. Owens

Mr. David Lee Ikeler, age 68, of Lansing, passed away Friday morning, April 11, 2014 at his home.

A Celebration of Life will be held on Tuesday, April 15, 2014 at 2:00pm at Boone Family Funeral Home with Rev. John Barichivich officiating with military rites.

The family will receive friends on Tuesday, April 15, 2014 from 1-2pm at Boone Family Funeral Home.

He is preceded in death by a son; Danny Gunn, and two brothers; Frank Ikeler, Jr. and Dan Ikeler.

Mr. Ikeler is survived by his wife; Nancy DuBois Ikeler, one son; Derek Fleming and companion Ann of Deland, Florida, one daughter; Julie Barichivich and husband John of Warner Robins, Georgia, one brother; Fred Ikeler of Bliss, New York, two sisters; Barbara Stoffer and husband Carl of Gainesville, New York and Viola Henry of Palmyra, New York, three granddaughters; Jordan, Brittany, and Jessica Becker and several nieces and nephews also survive.

Those who knew and loved Dave, knew him as a:
Smoothie, Pancake Maker Master
"On it there"
Carpenter Extraordinaire
"On it there"
Leader and Teacher
"On it there"
Number 273 at the Mountain Auction Company
"On it there"
Campfire Builder
"On it there"
Ingenious Mind
"On it there"
Collector and Giver of Useful Random Stuff
"On it there"
Curator
"On it there"
Civil Engineer, Mechanical Engineer, Botanist, Chemist, Architect, Physicist, Master Welder - Farmer
"On it there"
Husband, Dad, Grandpa and Friend
"On it there"
- Written by the family

In lieu of flowers, memorials may be made to the family, C/O Nancy Ikeler for memorial bench at the New River State Park, 327 Gandertown Road, Lansing, NC 28643.

You may give the family your condolences at our website www.boonefuneralhome.com.

Boone Family Funeral Home of West Jefferson is in charge of these arrangements.
 

Law and Order: Oakfield woman accused of stealing business records from employer in Le Roy

By Howard B. Owens

Marianne B. Molaro, 53, of 2224 Ham Road, Oakfield, is charged with grand larceny, 4th. Molaro allegedly removed business records from her place of employment containing data of a scientific or technical process.

Meaghan L. Schiavi, 21, of 43 N. Main St., Perry, is charged with identity theft. Schiavi allegedly used credit card information from a friend and made a purchase in the Village of Le Roy.

Bernard Lee Evans, 43, of Cato Street, Pavilion, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Evans allegedly contacted his ex-girlfriend 16 times by mobile phone in an alleged violation of a court order of protection.

Bryon Gilbert Keller, 19, of Sumner Road, Darien, is charged with criminal contempt, 2nd. Keller allegedly violated an order of protection.

Justin L. Pyatt, 26, of Pearl Street, Batavia, is charged with two counts of harassment, 2nd, criminal mischief, 3rd, and petit larceny. During an incident reported at 4:40 p.m. Wednesday, Pyatt allegedly made threats to harm another person, took property that belonged to that person, shoved that person and hit a refrigerator causing damage to the person's property.

Paul Dennis Barth Jr., 23, of Cohocton Road, Corfu, is charged with criminal contempt, 2nd. Barth allegedly approached a person while in Tops Market whom he has been ordered by a judge to not contact at all. Barth then allegedly followed the person to the Sheriff's Office on Park Road. The alleged incident was reported at 3:15 p.m.. Barth was arrested by Officer James DeFreze and jailed on $2,500 bail or $5,000 bond.

Christopher R. Hoover, 27, of North Drive, Rochester, is charged with possession of a forged instrument, 2nd. Hoover was turned over to Batavia on a warrant after he was taken into custody by Greece PD. He was jailed without bail.

National Grid approves grant for agri-business park expansion

By Howard B. Owens

Press release:

The Genesee Gateway Local Development Corporation (GGLDC) has been approved for a grant up to $130,000 from National Grid that will be used to continue the development of the Genesee Valley Agri-Business Park (GVAB). The Agri-Business Park is home to Alpina Foods, LLC, and Muller Quaker Dairy, LLC.

The GGLDC, the real estate affiliate of the Genesee County Economic Development Center (GCEDC), recently acquired 37 acres of land adjacent to the Agri-Business Park. The grant from National Grid will be used to extend the current electrical distribution line along the newly constructed access road, as well as the engineering and design of the extension of the road, water and sewer lines.

The approximate $600,000 project is being funded by the GGLDC and the New York State Homes and Community Renewal Agency and is expected to create approximately 100 construction jobs.

“National Grid continues to be a phenomenal partner in our economic development efforts in Genesee County and you have to look no further than to the continued growth of Agri-Park to see the return on investment of the various grants the company has provided through the years,” said Steve Hyde, president and CEO, GCEDC.

“Genesee County continues to be a model for how to do economic development in New York State,” said National Grid Regional Executive Dennis Elsenbeck. “We are confident that the job creation and capital investment made to date in the Agri-Business Park will continue to occur as Steve and his team expand its footprint.”

The approved grant will be paid out upon project completion and comes from National Grid’s Shovel-Ready Incentive Program, which was created to help make high-potential sites more marketable for the expansion of job-creating companies. Information about National Grid’s suite of economic programs is available at www.shovelready.com.

Law and Order: Dog seized by police after attack on a woman and her dog

By Howard B. Owens

Rhonda L. Reisman, 41, of State Street, Batavia, is charged with restrictions on running at large, prohibited nuisances (harboring a vicious dog) and harboring an unlicensed dog. Reisman is accused of owning a dog that was loose at 2 a.m. Monday and attacked a woman and her dog while on a walk. The woman and the dog both suffered injuries. Police believe this is not the first time this same dog has attacked the same woman. The dog was seized and is currently under the supervision and care of the Animal Shelter.

Robert M. Freeman, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child and reckless endangerment. Freeman is accused of driving the wheel of a vehicle being driven by another person at 10:38 p.m. Monday while on East Avenue, Batavia, causing the vehicle to strike the curb. There was allegedly a small child passenger in the car at the time. Freeman was jailed on $2,500 bail.

Ramel Joshua Askew, 20, of Rosedale Avenue, Bronx, is charged with disorderly conduct. Askew was allegedly using obscene and abusive language at 3:56 p.m. Tuesday while in front of the entrance of 14 W. Main St., Batavia.

Paul Dennis Barth Jr., 23, of Cohocton Road, Pembroke, is charged with criminal contempt, 2nd. Barth is accused of violating a Family Court order by contacting the protected person through a text message.

Collins standing up for farmers in fight with EPA over 'navigable waters' rule change

By Howard B. Owens

A proposed rule change by the EPA regarding "navigable waters" could have a serious impact on agriculture and local taxpayers, Chris Collins said today during a press conference at Stein Farms in Le Roy.

He was joined by Dean Norton, president of the New York Farm Bureau, Dale Stein, owner of Stein Farms, and County Legislator Shelly Stein.

Norton said farmers have been fighting the proposed rule changes for years; and years ago even won a court case on what Congress intended when it passed the Clean Water Act in 1972.

"The Supreme Court has ruled that Congress was very specific at that time on what navigable water was," Norton said. "If you can run a canoe down it, if you can have commerce effected on that water, then it's navigable. A pothole is not navigable. A pond is not navigable. The puddle out there in the drive way is not navigable."

The proposed rule change -- being pushed by the EPA and the Army Corps of Engineers -- would redefine "navigable water" as any body of water that stands for at least four days and could eventually drain into a navigable waterway.

"If Dale Stein wanted to regrade his driveway to make it level and get rid of the puddles, he would have to call the Army Corps of Engineers and get a permit," Collins said. "That would probably cost him $250."

Norton said the EPA is using a scientific study to back its position that hasn't even been peer reviewed.

If the proposed rule changes go through, then any agriculture work affecting what the EPA has classified as navigable waters would have to be approved and reviewed, at great cost and delay to farmers.

The same rules would apply to cities, villages, towns and counties.

"(The rule change) is also going to effect everyone who is a taxpayer and I think they're (the Administration) going to find they're on the wrong side of the issue," Norton said.

Dale Stein said he's already going through a similar issue with land the farm leases from another property owner. Because some government official signed the wrong piece of paperwork 29 years ago, Stein is unable to open some irrigation ditches needed to properly, in an environmentally sound manner, farm the land.

"Now we're in the process of trying to get through all that so we can farm it correctly," Stein said. "It's just another giant bureaucracy to try and get the proper permit, and if somebody makes a mistake along the line, our children 30 years from now could be paying for it."

The proposed rule change could put farmers out of business, Shelly Stein said.

"Should the EPA be successful in gaining this rule change to classify each temporary puddle as navigable water, our daily farm operation activity would stop," she said.

The good news is public pressure works, Collins said.

He's already received bipartisan support for a letter he's drafted to the EPA and the Corps of Engineers opposing the rule change. More than 160 members of Congress have signed on and he believes, with public support, more will follow.

"There's no doubt that when you can raise the awareness on any issue, the chances of stopping the absurdity of it dead in its tracks is improved," Collins said. "I've got at least a level of optimism that we an get them to re-look at this rule."

Celebrating 125 years, Richmond Library hosts party for children

By Howard B. Owens

It was all fun and games in the children's section of the Richmond Memorial Library this afternoon as staff threw a birthday party for the library.

Batavia's library, founded with a gift from the widow of Dean Richmond, is 125 years old this month.

Today, the children participating in the party made birthday hats and played games.

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