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Press release:

The U.S. Department of Agriculture (USDA) has designated Genesee and Niagara counties in New York as primary natural disaster areas due to losses and damages caused by flooding that occurred on Nov. 6-9 last year.

Farmers and ranchers in the contiguous Erie, Livingston, Monroe, Orleans and Wyoming counties in New York also qualify for natural disaster assistance.

Qualified farm operators in the designated areas eligible for FSA’s emergency (EM) loans, provided eligibility requirements are met. Farmers in eligible counties have eight months from the date of the declaration of Feb. 16, 2018, to apply for loans to help cover part of their actual losses.

FSA will consider each loan application on its own merits, taking into account the extent of losses, security available and repayment ability. FSA has a variety of programs, in addition to the EM loan program, to help eligible farmers recover from the impacts of this disaster.

Other FSA programs that can provide assistance, but do not require a disaster declaration, include: Operating and Farm Ownership Loans; the Emergency Conservation Program; Livestock Forage Disaster Program; Livestock Indemnity Program; Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program; and the Tree Assistance Program.

Interested farmers may contact their local USDA service centers for further information on eligibility requirements and application procedures for these and other programs. Additional information is also available online at http://disaster.fsa.usda.gov.

A BOCES student is suspected of making threats of violence at the Batavia campus and he is currently undergoing a mental health evaluation in Buffalo.

The name of the student is not being released and he has not been charged, though Chief Deputy Jerome Brewster said that if there is sufficient evidence for charges against the youth, he will be charged.

Brewster said local law enforcement takes these kinds of threats seriously and will act on them when they come to the attention of local officials.

"We're still trying to pin down what he said and to whom," Brewster said. "If anyone is going to make such threats about something they're going to do at a school, they are going to get arrested."

Superintendent Chris Daily confirmed he was made aware of the threats and notified local law enforcement.

"We look into any kind of threat and work with local law enforcement to make sure it is not credible, and if it is we act accordingly," Daily said. "We take any threat very seriously. The safety of our students is of utmost importance."

It's unclear if the student made verbal threats or if he had written anything down. Brewster said investigators are still looking into it. 

Daily said he was only aware of statements the student reportedly made at BOCES.

Brewster characterized the threats, based on information available so far, as vague threats to hurt students with no reference as to how he would do it.

The youth is somebody with prior criminal charges.

Batavia PD was notified of the alleged threats and has offered to assist in the investigation, Chief Shawn Heubusch said.

It's important, Brewster said, for parents, teachers, fellow students, and others who come in contact with somebody making threats against schools to notify authorities.

"Unfortunately, we live in a day and age when the rule is, if you see something, say something," Brewster said. "Police can't act on anything if they don't know about it."

Raymond C. Cook, 47, of Clinton Street Road, Bergen, is charged with harassment, 2nd. Cook is accused of holding the arms of another person during a fight reported at 6:17 p.m. Thursday at a location on Center Street, Batavia. Also charged with second-degree harassment is 28-year-old Rae C. Cook, of Clinton Street Road, Bergen, who is accused of striking another person several times in the face and head. Lyndsay J. Wilcox, 33, of Center Street, Batavia, is charged with second-degree harassment, too. Wilcox is accused of hitting another person.

Ronald P. Dixon Jr., 39, of Pearl Street Road, Batavia, was arrested on a warrant for alleged failure to appear in City Court. Dixon was remanded to jail.

Jason L. Johnson, 35, of Autumn Chapel Way, North Chili, is charged with criminal use of drug paraphernalia, 2nd. Johnson was allegedly found in possession of drug paraphernalia during a traffic stop by Officer Stephen Cronmiller at 10:08 p.m. Wednesday on Walnut Street, Batavia.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with two counts of burglary, 2nd, two counts of petit larceny, and two counts of criminal contempt, 2nd. Eaton was arrested following a report of a domestic dispute at 11:31 a.m. Feb. 13 at a location on East Main Street, Batavia.

James John Bachorski, 49, of Weber Avenue, Oakfield, is charged with possession of a weapon on Genesee County property. Bachorski allegedly possessed a cutting instrument during a meeting at the Genesee County Probation Office, in violation of Genesee County municipal law.

Joseph Martin Blatchley, 40, of Pratt Road, Batavia, is charged with falsifying business records, 1st. Blatchley is accused of removing and altering business records from a business on Oak Street while employed there.

Joseph Earnest Marr, 39, of Nesbitt Road, Attica, is charged with criminal contempt, 2nd. Marr is accused of violating a stay away order of protection.

For the first time in awhile, Ricky Palermo -- whose own charity has raised more than $720,000 for spinal injury research -- was the center of attention at a fundraiser on Sunday night at T.F. Brown's.

"People don’t realize what it’s like when you’re at a fundraiser and it’s directed at you," Palermo said. "It’s kind of a weird thing. We all want to help other people and we do but when it’s directed at you, it doesn’t seem real.

"I’m pretty damn lucky, as you can see. It’s not just my relatives, though we’re a huge crowd. It’s my relatives and friends from all parts of my life that makes it all fun."

There were more than 300 people at T.F. Brown's to make donations so Palermo can receive experimental treatment at the Miami Project that, if successful, could give him more mobility.

Palermo, who was a three-sport star athlete at Byron-Bergen High School in the 1970s, suffered a spinal injury in an automobile accident 37 years ago and became paralyzed from the chest down.

For 15 years, Palermo and family and friends, have used the Ricky Palermo Foundation -- with an annual golf tournament and other events -- to raise funds for spinal injury research. Now it's Palermo's turn to take advantage of some of the scientific advances led by the Miami Project.

"My goal in life — everybody thinks it is to walk again — but my goal in life is to be able to take care of myself," Palermo said. "What they’ve got going on, it’s no longer a whacky dream. It’s pretty much a possibility. That’s my goal. If I could recover enough to actually take care of myself, I would consider that — not a victory, but a big, big, big advance toward victory."

The Miami Project was cofounded in 1985 NFL Hall of Fame linebacker Nick Buoniconti after Buoniconti's son, Marc, sustained a spinal cord injury during a college football game. A team of 250 doctors and researchers led by cofounder Dr. Barth A. Green have since made breakthrough discoveries in the field of spinal injury treatment. 

"A lot of people thought the book was closed (on spinal injury research), but it's not," Palermo said. "The Miami Project is getting people back up on their feet. Yes, their injuries are minute compared to mine, but (people with) slight injuries today are getting back up on their feet."

Wade Bianco, a good friend and a business partner with Ricky's brother, heard that Palermo had a chance for treatment at the Miami Project but that it would cost $10,000 plus he would need to bring two nurses with him. So Bianco got together with friends and family members at breakfast and said they should organize a fundraiser.

They all agreed. Bianco called Rick Mancuso at T.F. Brown's, who quickly agreed to host the fundraiser, donate the food and reduce the price of drinks at the bar.

Others donated items for auction, including four Yankee tickets, Sabre tickets, and Jim Kelly donated autographed footballs and a book.

It just so happened the fundraiser fell on Bianco's birthday.

"I can’t think of a better birthday present than to help somebody else, especially Ricky," Bianco said.

In all, the event brought in about $30,000.

Bianco said he was awed by the response and chalks it up to the special nature of the Batavia community.

"I’m from Long Island," Bianco said. "I moved here. I couldn’t believe what a great place this is. It’s just an awesome place to raise kids, to live -- my wife says 'don’t you want to go Florida?' I’ll go for two months. My friends are in Batavia. I really don’t want to go a long time. I’ll take February and March when I retire, but I don’t want to be gone. I want to hang out with my friends and my friends are in Batavia."

Palermo said he has long felt grateful to the local community for their support, their help, and for just being there for him. It all started 37 years ago when he was injured and has never stopped. He said he feels lucky, very lucky, to have so many great people around him.

"It’s an incredible feeling to know that when you go places that everybody there wants to do something for you," Palermo said. "It makes me feel good about our society. There are so many good people out there.

"They don’t get the credit. All you see is the bad stuff. All I can say is if people want to see what's positive in life, get involved with some of these people that support us. It’s incredible. It wakes you up in a good mood and it puts you to sleep in a good mood."

Laura Del Carmen Vazquez Coronado, 38, of North Byron Road, Elba, is charged with DWI, unsafe backing, moving from lane unsafely, driving on the shoulder. Vazquez Coronado was charged following a motor-vehicle accident reported at 7:06 a.m. Thursday on North Byron Road, Elba. The accident was investigated by Deputy James Stack.

Devon Robert Peters, 23, of Franklin Street, Batavia, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and failure to notify DMV of an address change. Peters was stopped at 9:26 a.m. Sunday on Route 33, Bergen, by Deputy Kyle Krzemien.

Joseph Earnest Marr, 39, of Nesbitt Road, Attica, and Jenna L. Josephite, 29, of Main Street Road, Batavia, are charged with endangering the welfare of a child. Marr and Josephite are accused of using cocaine while in the presence of a 1-year-old child before driving the child from Attica to Batavia while under the influence of drugs.

Douglas Brian Uberty, 45, of North Main Street, Warsaw, is charged with unlawful surveillance, 2nd. Uberty is accused of using a mobile phone to take pictures under the clothes of a person while at Walmart.

Earlier this week, both the boys and the girls Alpine Ski teams finished in ninth place at the sectional championships at Bristol Mountain in what Coach Matt Holman described as a deep Class A field.

For the boys, top finishers for were Brandon Bradley (33rd in Slalom, 38th in Giant Slalom), Zack Wagner (35th in SL, 43rd in GS) Alec Wagner (40th in GS), Matt Grover (41st in GS), Ryan Bowen (36th in SL, 47th in GS).

For the girls, top finishers were Aubrey Towner (30th in SL, 31st in GS) and Lily Whiting (38th in GS).

Holman said Batavia has had a ski team since 1991 and he's encouraging more students to participate.

"With the Olympics in full swing," he said, "if anyone who is a student in the Batavia Middle or High School is interested in learning more about ski racing can contact Coach Matt Holman by emailing him at mholman@bataviacsd.org."  

If you are not a Batavia City School District student and interested in ski racing, contact your school's athletic director. In the past Notre Dame High School and Elba Central Schools have been represented in the Southern Tier Race League and have trained with the Batavia Ski Team.

Information by Le Roy Coach Jay Laitenberger. Photos by Tim McArdle.

Le Roy's boys winter track and field are the 2018 Section V champions a year after missing the title by one point.

Clayton Allen finished sixth in the 1,000 meter with a career personal record after being seeded 10th.

Ryan Driscoll finished fourth in the 3,200 meter with a career personal record that was 14 seconds faster than his indoor PR and 7 seconds faster than his outdoor PR.

Maxin Mckenzie finished second in the mile before anchoring the 4 x 800 team with Clayton, Ryan, and Jacob Montoya. The boys team ran their fastest time of the season -- and the fastest time of the past two seasons.

Jordan Stephens ran an official career personal record in the 3,200.

Bryce Bordonaro threw for a personal record in the shot put to finish sixth overall after being seeded ninth and then went on to finish third in weight throw.

Tom Mellon finished fourth in the weight throw, joining Marshall Schultz with a fourth-place finish in shot put.

Ethan Roy finished third in the pole vault, while Ethan Pocock finished sixth -- both equaled their indoor personal records.

Gaven Cassidy set personal records in the 600 and 55m Hurdles on his way to a pair of second-place finishes. His 600 came up .04 away from the school record. He then finished fourth in the 300.

Athletes of the Meet:

• Gavin Luckey finished second in the triple jump with a career personal record before winning the high jump with another career personal record. He then picked up a fourth place finish in the long jump with his third personal record of the day.
• Collin Stauffer started the meet with a fourth-place finish in the 55 meter after being seeded seventh before his first-place finish and one-foot career personal record in the triple jump. He then finished third in the long jump with a near-personal record.

Seniors Gavin Luckey, Gaven Cassidy and Ethan Roy won their second title in four years as freshman members of the 2015 team.

The boys team won for the fifth time since the first indoor title in 2008, and the 10th title in Le Roy Track & Field History (boys / girls / indoor / outdoor).

• 2018 -- 1st Place
• 2017 -- 2d Place
• 2016 -- 5th Place
• 2015 -- 1st Place
• 2014 -- 1st Place
• 2013 -- 3rd Place
• 2012 -- 3rd Place
• 2011 -- 1st Place

A car has reportedly hit a tree in the area of mile marker 3.1 on Route 490 in the eastbound lane and two people have complaints of pain.

Bergen fire and Mercy EMS dispatched.

UPDATE 12:17 a.m.: Three people involved. One is a sign-off. The other two have possible minor injuries. All responders can come in non-emergency.

A barn fire is reported at 7637 Buffalo Road, Riga. That's in the Bergen Fire District.

Bergen fire responding.

City's Fast team and Mercy EMS dispatched. Le Roy's ladder truck requested to the scene.

A chief on scene reports firefighters will execute an exterior attack only. There are some small explosions, possible fireworks.

UPDATE 6:21 p.m.: The fire is under control and hot spots are being extinguished. Mumford and Churchville also responded to the blaze.

Deputy Ryan DeLong talks about the decision-making process during stressful, emergency situations that people might encounter during a Civilian Response to Active Shooter Events class at St. Paul Lutheran Church this morning.

More than 100 people attended the class, which covered a range of emergency situations, with an emphasis on active shooters, and how people can safely and intelligently respond during such events.

For more background information on the class, click here.

If you missed the class, Frank Klimjack, a Batavia police officer, will present a class called "Do I Need A Bodyguard?" at Grace Baptist Church, 238 Vine St., Batavia, at 6:30 p.m., Feb. 25. Klimjack is a police defensive tactics instructor.

David Fitzpatrick, the author of "Emory Upton: Misunderstood Reformer," spoke about his book and what he learned about the Civil War officer who was born and raised in Batavia while researching and writing the book.

At 10 a.m., Fitzpatrick will participate in a panel discussion with local historians at Genesee Community College in the Conable Technology Building, room T119.

Previously: New book corrects the record on Emory Upton's attitude toward the military and the Republic

A motor-vehicle accident is reported in the area of 1964 Broadway, Darien.

There are wires down with reports of power outages in the area.

A semi-truck and possibly a pickup truck are involved.

Unknown injuries.

A first responder on scene says the pole is sheared off and traffic lights are down.

Traffic is being shut down.

UPDATE 2:15 a.m.: It's a single pickup accident. The tractor-trailer clipped the lines as it was coming through, according to a law enforcement officer on scene.

UPDATE 2:20 a.m.: A fire hydrant was also sheared off. An area stone quarry delivering crushed rock needs to be notified that its trucks will need to find an alternate route for the time being due to the train derailment in Attica.

UPDATE 2:27 a.m.: DOT being notified that Route 20 will be closed for a few hours.

UPDATE 2:46 a.m.: There's a broken pole on Route 238 with a transformer on it. National Grid reports fewer than five customers affected by the power outage.

UPDATE 3 a.m.: Darien ambulance is transporting a patient to UMMC ECMC.

UPDATE 8:42 a.m.: Fire services went back in service about 6 a.m. Route 20 remains closed. Roadblocks now covered by deputies.

UPDATE 8:52 a.m.: Route 20 is reopened.

UPDATE: Carter S. Dale, of Attica, has been identified by the Sheriff's Office as the driver of the pickup truck. He has been charged with DWI, moving from lane unsafely and not wearing a seatbelt. According to the Sheriff's Office, Carter was driving a Ford F-250 that went off the north shoulder of the roadway and struck a utility pole, street light pole, and a street sign, before coming to rest. A tractor-trailer traveling through the area at the time snagged low-hanging wires. The accident was investigated by Deputy Ryan Young, Sgt. John Baiocco, and Deputy Jeremy McClellan. Assisting with the scene were Darien fire and Alexander fire, the State Police, National Grid, Monroe County Water Authority, DOT and gas and cable companies. 

Reader submitted photo.

A deal that capped the prison term for Marlek Holmes at 25 years and saved the county the expense of another trial almost came apart after Holmes appeared to renege on the agreement.

As part of the deal, Holmes had to agree to drop an appeal related to his conviction on sexual assault, and everybody -- District Attorney Lawrence Friedman, Defense Attorney Fred Rarick, appeals attorney Timothy Murphy, and Holmes himself -- all signed the document Murphy was supposed to send to the appeals court informing the justices that the appeal was dropped.

Then Holmes wrote Murphy and said he changed his mind.

Today, Holmes was transported from Auburn, where he is serving his sentence, to Batavia, and after meeting with Rarick and Murphy for 30 minutes, agreed to stick by his original agreement to drop the appeal.

Friedman said he wanted to make clear on the record, however, that there is little to prevent Holmes from just changing his mind again later, and creating an endless loop of back-and-forth over the case.

If Holmes does back out of the deal again, Friedman said as far as he's concerned, there won't be a second chance. He will make motions to proceed with a trial on the charges against Holmes that he failed to register a change of address as a convicted sex offender in 2016. He would also want to proceed with a hearing on whether Holmes is a persistent violent felony offender, which would expose Holmes to a potentially harsher prison sentence on his conviction of assault on fellow inmates at the Genesee County Jail.

Zambito indicated he would be inclined to entertain those motions if Holmes again changed his mind.

In determining how to sentence 17-year-old Isaac Abrams of Basom, Judge Charles Zambito said there conflicting viewpoints to consider.

As a 17-year-old, in a couple of years under recent reforms in New York criminal law, Abrams would perhaps be considered a juvenile and wouldn't even appear in County Court and would be presumed to be not responsible for his actions. 

However, Abrams admitted to serious offenses that could have led to the loss of life and in just five short months has established a pattern of repeated offenses and disregard for authority.

Zambito said he's concerned about the direction Abrams seems to have chosen for his life recently.

In December, Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony. The charges stem from incidents where he threatened to kill Sheriff's deputies during a confrontation on the Tonawanda Indian Reservation and appeared to try and run over pedestrians at a fast food restaurant in Batavia.

"I understand you have a child and that is important to you," Zambito said. "But if you continue on this path, you won't see your child again, if you even survive."

Zambito sentenced Abrams to one-and-a-third to four years in prison followed by parole until he's 21.

Abrams was granted youthful offender status, which will expunge his record once he's an adult if he stays out trouble. 

He said the sentence, he felt, balanced protecting the community, serving justice, and won't prevent Abrams from living life as a productive member of society once he's out of the criminal justice system.

First Assistant District Attorney Melissa Cianfrini argued against granting Abrams Y.O. status. She said he has engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," Cianfrini said. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Defense Attorney Vanessa Guite suggested that Zambito take into account his age and the fact that before this rash of incidents started, he had no criminal charges in his life.

"To a certain degree his actions are the result of immaturity and the role alcohol played in his conduct," Guite said. "His criminal history started only five months ago. There are many people with worse histories walking the streets right now."

She said from her viewpoint, the prosecution was trying to make Abrams out as the worst criminal in history, which she said she understood was the prosecution's job, and she suggested that Cianfrini overstated the weight Zambito should give to the RUS violations.

"Their recommendation is for substantial prison time for what amounts to using marijuana and staying out late," Guite said.

After Guite's remarks to Zambito, Abrams had his turn to make a statement on his behalf. After a whispered exchange with his attorney, Abrams said, "I'm sorry for my actions."

An Erie County construction worker will spend weekends in the Genesee County Jail for the next four months, starting tonight, for defrauding a Batavia resident on a contracting job.

Matthew B. Hardesty, 24, of Blasdell, was originally charged with fourth-degree grand larceny. He was allowed to plead guilty to a misdemeanor charge after paying restitution to the victim, who hired him to construct a fence at his residence on Narramore Drive.

According to court proceedings this morning, Hardesty is facing a similar complaint in Buffalo.

Before sentencing, Hardesty apologized for his actions and said it was the result of being a young and inexperienced businessman; that he had taken on a contract that was too big and had a payout too far in advance, and rather than notify customers of his difficulties, he didn't respond to their complaints.

After becoming embroiled in financial difficulties, Hardesty gave up his contracting business and went to work for another construction contractor.

District Attorney Lawrence Friedman rarely responds to the statements defendants make at their sentencing, but this morning he stood up and said he was going to make a rare response.

"He's a scam artist," Friedman said. "He's trying to con the court now."  

Friedman said Hardesty already got a substantial break on his potential sentence by being allowed to plead guilty to a misdemeanor and didn't deserve any further consideration because he was clearly trying to scam people.

Judge Charles Zambito agreed. He said considering the length that his victim had to go to in order to get his money back indicates Hardesty was trying to evade paying back the money. It was only after he was facing potential jail time that he made restitution.

"The message needs to be clear to the public that you can't do this kind of thing here," Zambito said. "When you start a business, you take on a responsibility. You take on a burden. You can't take people's hard-earned money and just walk away with it."

Two art shows opened at GO ART! on Thursday night -- "Where Do I Go From Here?" a ceramics exhibit by Shirley Nigro, and "The Kite Boy,"  an acrylic exhibit by Alex Segovia.

Nigro is the owner of Fire Up Ceramics on Ellicott Street in Batavia. 

Her ceramic work is nothing like most people might associate with the word -- figurines and knickknacks to scatter around the home. Her work is complex and imaginative but still leaning heavily on realism.

The exhibit is a good demonstration of how ceramics can be used to create art.

Segovia is originally from El Salvador and now resides in Avon. He started painting three years ago after watching a documentary about Vincent Van Gogh. His work reflects that post-impressionistic style, though he says he's moving more toward abstract expressionism. The bright colors recall Henri Matisse or fauvism.

Both shows run through April 7.