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Equipment fire reported at McDonald's in Le Roy

By Howard B. Owens

An equipment fire, with smoke and flames showing, is reported at the McDonald's in Le Roy, 57 Main St.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 11:14 a.m.: Caledonia's ladder truck was dispatched. A chief on scene says it can stage in quarters.

UPDATE 11:16 a.m.: Fire is out. Caledonia can go back in service. Health Department and code enforcement requested to the scene.

Public forum for wards 4 and 5 covers a variety of topics, honors a World War II veteran

By Howard B. Owens

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To open a public meeting hosted by Ward 4 and Ward 5 city council members Al McGinnis (left) and Kathy Briggs (right), World War II veteran Ken Dehm was honored with a plaque. Presenting the plaque, above, is Legislator Gary Maha, and joining in the presentation, Councilman Bob Bialkowski.

Dehm served in the Atlantic Theater in the Navy aboard a seaplane tender. The seaplanes hunted German U-boats.

Following the presentation, the floor was open to the dozen or so Ward 4 and Ward 5 residents who turned out for the meeting and they asked questions of McGinnis, Briggs, Bialkowski, Maha, and Police Chief Shawn Heubusch.

John Roach ran the meeting and made a few comments himself along the way. Capt. Bob Fix, City fire, also made a short presentation on fire safety and burn pits in the city.

The first topic raised was the anticipated methadone clinic at GCASA (Genesee/Orleans Council on Alcoholism and Substance Abuse Inc.)

Heubusch addressed the issue and as the city's top cop said he has no concerns about the clinic and said he believes it will benefit opiate addicts living in our community.

He said such clinics are proven to reduce crime in communities where they are established and that currently any person going through methadone treatment must travel to Rochester or Buffalo for their maintenance dosage.

The new clinic will allow them to get help closer home and make treatment available to more local addicts. The new clinic will not mean addicts will travel here from outside Genesee, Wyoming or Orleans counties because all of the other surrounding counties have clinics.

"Historically speaking, this is a known and proven program that has been around since the 1970s that will help people addicted to opiates," Heubusch said. "I can’t speak in detail about the scientific accuracy of that. All  I can tell you is it works. It’s been proven to work."

The next issue raised was the possibility of restoring and saving the stone pillars at the entrance to Redfield Parkway.  

Redfield resident Jim Owen is an advocate for the project and argued the pillars are of aesthetic and historic significance to the entire community. Other residents at the meeting disagreed and said they didn't want tax dollars spent on the project.

The City Council has authorized a $4,000 study by an engineering firm to find out what is needed to save the pillars. 

"It's a complicated issue and we can't go any further without more information and cost estimates," McGinnis said.

Former Legislator Ed Dejaneiro asked if any of the $17 million the county will have in the bank from the sale of the County Nursing Home will go to infrastructure needs in the City of Batavia.

Legislator John Deleo, who had taken a seat in the audience a few minutes earlier, was invited at that point to take a seat at the front table.

He said the Legislature will triage the county's infrastructure needs and prioritize how the $17 million will be spent. That could include city projects if they rise to the top of the priority list.

Maha raised the issue of the South Lyon Street Bridge and read a letter he had received from County Highway Superintendent Tim Hens about replacement of the bridge.

The abutments for the bridge were built in 1950 and the current bridge was installed on top of those abutments in 1982. It's the abutments that are deteriorating.  Hens said the bridge is safe. The county has been applying for federal funds to replace the bridge for several years. The cost is an estimated $3 million.

Complications with bridge replacement include the fact that the south abutment is actually under South Main Street. There is also an area that was likely a burial ground during the War of 1812 for victims of either a cholera or typhoid epidemic. Hens said he didn't think any bodies will be found, but archeological work will be required.

The new bridge will likely need to be two lanes, which will mean purchasing at least one house (perhaps through eminent domain) on the north side of the Tonawanda Creek.

An audience member advocated for going to a strong mayor form of government. Bialkowski said right now the city must abide by the city charter, which mandates a city manager, so the Council will seek to hire a new city manager.

If residents would rather have a mayor, Bialkowski said, it will take a petition drive and a charter committee made up of local residents.

“That's up to you the citizens to decide," Bialkowski said. "It’s not up to us.”

Another topic was the proposed apartment complex on East Main Street with one resident complaining there are too many apartments in Batavia.

Roach jumped in on that one and noted that when the project was going through the planning process, nobody showed up to oppose it.

He delivered a long statement about the need to get involved, otherwise, you may not get what you want out of the city.

"If you don’t show up then I would say shut up," Roach said. "Be there. Show up. Speak up. Say something. A half year later doesn’t count."

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Chief Shawn Heubusch

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Councilman Al McGinnis standing and Councilwoman Kathy Briggs seated.

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Councilman Bob Bialkowski

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Ed Dejaneiro and Kathy Owen

NYPL's new general manager for Muckdogs says league committed to Batavia, promises solid fan experience

By Howard B. Owens

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Dave Chase is the new general manager of the Batavia Muckdogs and the way Chase sees it, it's a sign of the New York Penn League's commitment to Batavia that a veteran baseball man with his level of experience has been hired to be the team's general manager for 2018.

This season running the Muckdogs will be the 41st in baseball for Chase. His career includes stints with six minor league baseball teams, work in a baseball broadcast booth, a term as commissioner of the Prospect League, 14 years as director of the Minor League Baseball Museum, and 17 years as publisher of Baseball America.

"I've done just about everything in baseball," Chase said. "I've taken on teams that were just starting out and those going through internal changes, so when I heard the New York Penn League was taking over the franchise in Batavia, I reached out to Ben Hayes (president of the NYPL) in early December and told him if he needed somebody to come and unlock the gates every couple of days, I'd be happy to do that."

Chase said he's been hired to do more than just unlock the gates. When asked about the NYPL's commitment to Batavia, he noted the team could have been moved this season or the league could have hired an inexperienced manager to come and unlock the gates on game days.

"My marching orders from Ben Hayes is to make sure we present a solid fan experience and a solid experience for the Marlins players," Chase said. "That could have happened in other places. That could have happened in other places in 2018. But Batavia is where the NYPL wants to be."

Chase steps in to run a team that has had the executioner's ax hanging over it for more than a decade, with every mid-June opening game bringing fans to the ballpark wondering if this could be the final year for professional baseball in Batavia.

In a short conversation, Chase didn't talk like a man coming in to be a caretaker for a final season in Batavia. Though neither did he pretend he could speak for Hayes and the league's directors.

"My primary focus is to take care of the Miami Marlins players and make sure they have a quality experience in Batavia," Chase said. "It's also my job to re-establish the team in the mind of the fans."

For the past 10 season the Rochester Red Wings have operated the Muckdogs but in October, the league declined a request by the Red Wings and the Genesee Genesee County Baseball Club to continue that arrangement.

In December, the Club announced it transfered control of the franchise to the league. If the team is ever sold, 50 percent of the proceeds will go to the Red Wings (which gained a 5-percent share of the sale price during its 10 years of operation of the team), with the league getting 10 percent, and the Club will receive the remainder of the proceeds. The Club retains ownership of the team name and logos.

Chase hasn't visited Batavia yet -- he arrives Sunday and will hold a press conference Monday -- and asked if this was a turnaround effort, he said it was partly that but also partly like running a startup business.

He said it is his understanding that "there's not much left in Batavia."

He noted that there are apparently needs at the ballpark to be addressed, citing specifically the playing field and clubhouses. 

He said the team's loyal fans can expect him to work to deliver a quality ballpark experience.

"I met my wife in Durham (N.C.), so I understand the power of the ballpark," Chase said. "Baseball is not like any other sport. It's all about community. It's about bringing the community together. There are not many cities in the country like Batavia and the team has been there for a very long time, since 1939. We want to make sure the Batavia fans understand this is their team. We want to honor that tradition."

Pete Welker named Officer of the Year for Sheriff's Office

By Howard B. Owens

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Investigator Pete Welker, a longtime member of the Local Drug Task Force, was named Officer of the Year by the Genesee County Sheriff's Office during an awards ceremony and luncheon today.

Senior Corrections Officer Kevin D. Wolff received the Distinguished Service Award.

Press release:

Officer of the Year Award – Investigator Ronald “Pete” Welker
Investigator Ronald “Pete” Welker has distinguished himself in the performance of service to the citizens of Genesee County during 2017. His professional skill and devotion to duty has been epitomized in his unfailing dedication to detect and arrest those responsible for drug dealing; his ability to cooperatively work with other agencies, particularly the City of Batavia Police Department; his fundamental orientation to public service and his willingness to teach others.

Investigator Welker’s efforts have made a significant contribution to the overall success of the Genesee County Drug Task Force which, in 2017, has had its most successful year in terms of defendants arrested. During this year, Investigator Welker’s daily performance has been a major contribution to the effectiveness, success and esteem of the Sheriff’s Office.

Investigator Ronald “Pete” Welker has reflected great credit upon himself and the Genesee County Sheriff’s Office and most deserves to be named Officer of the Year.

Distinguished Service Award – Senior Correction Officer Kevin D. Wolff
Senior Correction Officer Kevin D. Wolff has distinguished himself as a member of the Genesee County Sheriff’s Office. Senior Correction Officer Wolff has been a positive force within the jail division. He has taken the lead in training new officers and monitoring the JTO program for the last four years. He has been instrumental in working with New York State Commission of Corrections staff during cycle evaluations and, thereby, helping to obtain and maintain good reviews and good rapport with them.

Kevin has, for the past three years, been working with the New York State Police within their Field Intelligence Officer Program and has provided excellent information both to them and to the department through that venue. Senior Correction Officer Wolff has also recently taken the lead in working with auditors from the New York State Sheriffs’ Association in accomplishing Accreditation of the Jail Division later this coming year.

Senior Correction Officer Wolff’s knowledge and attention to detail have proven to be a great asset to the Department, and through his work, he has distinguished himself and brought great credit upon himself and the Genesee County Sheriff’s Office.

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Deputy Ryan Young received a Commendation.

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Among the dispatchers receiving commendations were Communications Coordinator Russell L. Lang Sr., Emergency Services Dispatcher Michael T. Sheflin, Emergency Services Dispatcher Nathan L. Fix, and Services Dispatcher Andrew Merkel.

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Meritorious Service awards went to deputies Eric Meyer, Kevin Forsyth, Michael Lute, Ryan DeLong.

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Meritorious service awards were given to several dispatchers Jason Holman, Steve Robinson, Jenna Bauer and Kelly Smith.

Members of the Local Drug Task Force were honored for their work in 2017, which set a record for arrests. Present were Emily McNamara, from Le Roy PD, Investigator Pete Welker and Sgt. Brad Mazur.

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Senior Correction Officer Kevin D. Wolff, center, with his family, Jail Superintendent William Zipfel, Sheriff William Sheron, and Undersheriff Gregory Walker.

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Pete Welker with his family and Chief Deputy Jerome Brewster, Sheriff William Sheron, and Undersheriff Gregory Walker.

Longevity awards were given to:

  • Correction Officer Michael A. Cox, 10 years
  • Animal Control Officer Agnes S. Jaroszewski, 15 years
  • Program Coordinator Catherine T. Uhly, 15 years
  • Correction Officer Michael F. Lindsley, 15 years
  • Sr. Emergency Services Dispatcher Robert H. Tripp, 15 years
  • Emergency Services Dispatcher Beth A. Hynes, 15 years
  • Correction Officer Kelly P. Creegan, 15 years
  • Investigator Christopher A. Parker, 20 years
  • Deputy Sheriff Matthew R. Butler, 20 years
  • Deputy Sheriff Lonnie A. Nati, 25 years
  • Deputy Sheriff Dana J. Richardson, 25 years
  • Sergeant Thomas A. Sanfratello, 25 years
  • Undersheriff Gregory H. Walker, 30 years
  • Jail Superintendent William A. Zipfel, 35 years
  • Sheriff William A. Sheron Jr., 40 years

Certificates of Appreciation:

  • Batavia Police Detective James M. DeFreze
  • Le Roy Patrolman Emily J. McNamara
  • Batavia Patrolman Jason A. Davis
  • Batavia Patrolman Frank J. Klimjack
  • Batavia Patrolman Christopher J. Lindsay
  • Genesee County Assistant District Attorney Kevin T. Finnell

Commendations:

  • Deputy Sheriff Kyle D. Krzemien
  • Correction Officer Justin M. Gugel
  • Correction Officer Jason M. Buck
  • Deputy Sheriff James D. Stack
  • Deputy Sheriff Ryan W. Young
  • Deputy Sheriff Jeremy M. McClellan
  • Deputy Sheriff Mathew J. Clor
  • Emergency Services Dispatcher Stephen R. Smelski
  • Emergency Services Dispatcher Zackery W. Czudak
  • Emergency Services Dispatcher Samantha L. Conibear
  • Emergency Services Dispatcher Andrew Z. Mullen
  • Emergency Services Dispatcher Frank A. Riccobono
  • Dog Control Officer Ann Marie Brade
  • Deputy Sheriff Dana J. Richardson
  • Deputy Sheriff Matthew R. Butler
  • Emergency Services Dispatcher Andrew K. Merkel
  • Sergeant Bradley D. Mazur
  • Deputy Sheriff Howard O. Wilson
  • Sr. Emergency Services Dispatcher Michael T. Sheflin
  • Sr. Emergency Services Dispatcher John W. Spencer
  • Emergency Services Dispatcher Nathan L. Fix
  • Correction Officer Vincent S. Maurer
  • Investigator James M. Diehl
  • Investigator Andrew B. Hale
  • Sergeant Eric K. Seppala
  • Communications Coordinator Russell L. Lang

Meritorious Awards:

  • Deputy Sheriff Eric J. Meyer
  • Deputy Sheriff Michael J. Lute
  • Deputy Sheriff Kevin P. Forsyth
  • Deputy Sheriff Ryan M. DeLong
  • Investigator Chad J. Minuto
  • Case Manager Nicole M. Easton
  • Financial Clerk-Typist Tracy L. Ranney
  • Emergency Services Dispatcher Kelly E. Smith
  • Emergency Services Dispatcher Beth A. Hynes
  • Emergency Services Dispatcher Jenna L. Bauer
  • Sr. Emergency Services Dispatcher Jason W. Holman
  • Emergency Services Dispatcher Peggy D. Richardson
  • Emergency Services Dispatcher Steven L. Robinson
  • Principal Financial Clerk Margaret A. Sheelar
  • Sr. Correction Officer Robert W. Mattice
  • Sr. Emergency Services Dispatcher Robert H. Tripp

Pembroke's annual 'Shooting for a Cure' hits new record with $26,000 raised

By Howard B. Owens

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When Toni Funke was diagnosed with cancer in 2012, the Pembroke High School girls basketball team, coached by her husband Ron Funke, was inspired to try and raise money to help fight cancer.

Shooting for a Cure! has been an annual event since and each year it gets bigger and bigger.

This year was no exception with the event raising a record $26,000, bringing the total raised since over the past six years to $87,000.

The team traveled to Roswell Cancer Institute in Buffalo today to deliver the donations.

In the game, Oakfield-Alabama beat Pembroke 51-31.

Top photo: Serene Calderon presents Toni Funke with a rose, a halftime ceremony held each year where team members present flowers to community members who have battled cancer or are currently in treatment.

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Photos: Health fair at Alexander Central School

By Howard B. Owens

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Alexander Central School hosted a Health and Wellness Fair on Thursday night sponsored by Alexander United Teachers.

Meghan Ripstein said the organization was looking for a way to give back to the community and she hoped families and vendors would find something at the fair that they could get involved in or find something missing from their lives.

She said the response was beyond expectations.

"We have a great turnout," she said. "We have so many incredible vendors here and so many people have given so much. I’m very impressed and overwhelmed by the support that we’ve gotten."

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GCC art show and lecture reveals techniques of Renaissance artists

By Howard B. Owens

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More than 25 years ago, artist Michael Price started on a journey to unravel the mysteries of the great painters of the Renaissance, starting with how they used stones and crystals -- called pigments -- to create the colors they brush onto canvas.

In the 14th, 15th, 16th, and 17th centuries there were no tubes of paint.

As Price suggests, painters were the better for it.

No tube of paint can match the luster of ultramarine derived from lapis lazuli, nor the luminance of gray created by grinding stones into the powder and mixing the powder with oil, Price said during a lecture Thursday afternoon in the Roz Steiner Art Gallery at Genesee Community College.

Through the middle of next month, a collection paintings by Price, in a show called "The Chromatic Nude," display what Price has done using Renaissance techniques applied to more contemporary subjects.

Price's work isn't just a matter of using pigment-based paint for his work. He's also studied the geometry of Renaissance arts and applies the Golden Rectangle and Golden Proportions to his own work.

He's written a two-volume book, as well, on these subjects, called "Renaissance Mysteries."

Price, a resident of New York City, is originally from Stoke-on-Trent, England, and he attended the London Central School of Art and Design and Stoke-on-Trent College of Art. He has exhibited worldwide, including solo shows in the Post Gallery in Houston, Texas, Galerie Poller in Frankfurt, Germany, and David Findlay Galleries in New York City.

The YouTube video below covers the same material as Price presented in his lecture at GCC.

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Chromatic Improvisation #9: Echo Discovers Her Echo

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Chromatic Improvisation #7: Remembrance of Things Past

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This is an example of pigments and tools that would have been used by a Renaissance artist -- or more precisely, the apprentice of the artist -- to make paints. From the website of Michael Price.

Law and Order: Corfu woman stopped in Batavia accused of driving with BAC twice the legal limit

By Howard B. Owens

Brandi Ann Watts, 37, of Indian Falls Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, inadequate stop lamp, and possession of an open container in a motor vehicle. Watts was stopped at 2:42 p.m. Sunday on Washington Avenue, Batavia, by Deputy Richard Schildwaster.

Timothy Jon Montesano, 30, of Gilbert Street, Le Roy, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, muffler violation, and failure to stop for stop sign. Montesano was stopped at 10:28 p.m. Thursday on Main Street Road, Batavia, by Deputy Andrew Mullen.

Matthew Ian Thomas Diers, 34, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

David P. Grossman Sr., 34, of State Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He was jailed on an unspecified amount of bail.

Brad Lee Ohlson, 40, of Pearl Street, Batavia, is charged with aggravated unlicensed operation, 2nd. Ohlson allegedly drove to Genesee County probation on a revoked license.

Kirk Anthony Breemes, 29, of Main Street Road, Le Roy, is charged with criminal contempt, 2nd. Breemes allegedly shook a woman causing fear in violation of a court order.

Tractor-trailer involved in accident at Texaco Town

By Howard B. Owens

An accident involving a tractor-trailer is reported in Pavilion at Route 63 and Route 20  

Intitially there was a report of a head injury and Mercy Flight was put on ground standby. A first responder reported only minor injuries.

Pavilion fire and Mercy EMS responding.

State Police in Batavia demo one of 18 drones being deployed across the state

By Howard B. Owens

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State troopers have a new tool in their aviation toolbox, Capt. Scott Reichel told members of the media assembled at the Batavia Barracks today, where a new program to deploy 18 drones across New York State was announced.

The first two drones were purchased as a pilot project by the State Police. The next 16 were purchased by the Trooper Foundation and donated to the State Police.

Reichel said the program will be evaluated for efficiency and effectiveness, which could determine whether to expand the program or purchase higher-end drones with more capabilities.

The DJI model being deployed, with all accessories, costs about $7,000 each.

"We picked this model because it's a good, proven platform, good airworthiness, pretty good capability to operate in cold weather, and they're used in cinematography and photography, so they have a good camera system," Reichel said.

They will be used in search and rescue missions and criminal investigations. They will also be tested in accident reconstruction, though that requires the purchase of additional technology, but Reichel said the drones could potentially help get accident scenes clear sooner by speeding up the investigation process.

"One reason we picked this drone is cost," Reichel said. "One of the things we wanted to be able to do was deploy these across the state. It doesn’t do any good for the State Police to have one drone to service the entire state of New York. We were able to acquire 18 of these and we’ll be able to put two in each troop."

There is technology available that could help with locating marijuana grow operations, an operation now handled by state police helicopter pilots, but State Police have not yet purchased cameras with that capability. Nor do the cameras have thermal imaging technology.

"The intention is not really to use these for marijuana eradication at this point," Reichel said. "This is more for support of police operations as they're evolving, more a response-type tool."

The goal is to have four to six troopers in each troop, excluding Troop T, which will be covered by the other troops for drone operations, certified to operate the drones.

To be eligible for considerate, a trooper must first become Part 107 certified by the FAA on his or her own time. If accepted into the program, the trooper will go through another 32 hours of training.

There are policies and procedures troopers must learn and obey. All of the same rules that apply now to searches and privacy will apply to drone pilots, Reichel said.

"As always, we safeguard people’s privacy," Reichel said. "That’s the way the State Police operates. We’ve established a privacy policy that governs our use of the drones. We discussed it with the New York Civil Liberties Union. The drone is not intended to circumvent any legal process that we already comply with, so it’s just another tool in the toolbox."

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Zone Sgt. Corey Harmon

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Marlek Holmes agrees to deal that will keep him in prison for up to 25 years

By Howard B. Owens
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     Marlek Holmes

Unless sexual predator Marlek Holmes violates the deal he made today, we shouldn't see him in Genesee County for a long time.

Holmes, who missed the start of a trial date earlier this week after corrections officers wouldn't transport him from Auburn to Batavia, agreed today to drop all his appeals in exchange for consecutive five-year prison terms on his assault convictions and the potential dismissal of his indictments on charges of 2016 of failure to register a change of address as a sex offender.

We also learned today why prison officials wouldn't transport Holmes from Auburn to Batavia until Monday, Tuesday or Wednesday. In preparation for his transport, he was placed in a chair that is also a metal detector. It's capable of detecting a metal object inside a human body up to six inches deep. If such an object is detected, District Attorney Lawrence Friedman said, the inmate is placed in solitary confinement and monitored to see what, if anything, comes out.

"Today they would have run him through that process again, and obviously the fact that he was here meant that he cleared the test," Friedman said. "But that's why he wasn't here for the trial because they are they are not able to transport somebody until they resolve the situation because obviously, it could be could be drugs, could be a weapon, could be a key, and they can't, for safety, they just absolutely cannot transport the person."

With Holmes cleared for transport today, Judge Charles Zambito scheduled a hearing on whether Holmes qualifies as a persistent violent felony offender, which, if Zambito made that finding, Holmes could have faced longer consecutive prison sentences on his assault convictions.

Before the start of the hearing, Fred Rarick, attorney for Holmes, asked to approach the bench. He informed Zambito his client was ready to accept a deal previously offered by Friedman.

After the hearing, Friedman talked about the need to secure a long sentence for Holmes.

"He has an unbelievably extensive criminal history involving a lot of serious crimes and that's why we took this all very seriously," Friedman said. "That's why he's now serving 25 years."

Finalizing the details of the agreement was a long process for Zambito to wade through -- the legal language and process and paperwork -- but Holmes, who a week ago used foul language in court, was in seeming good spirits and smiled and nodded a few times as he spoke quietly with his attorney.

In the 20-year period from 1995 to 2015, Holmes, now 43, spent most of his adult life -- 15 years -- in state prison. His 1995 conviction was for criminal possession of stolen property, 4th. Then in 2001, he was convicted of sexual abuse. In 2011, he was accused of sending sexually explicit photos to a girl.

Back in Batavia in 2015, he was soon charged with failure to register a change of address as a sex offender. He was charged again in 2016.

In 2016, he was also charged with sexual abuse, a charge that eventually led to a guilty plea (he was facing a possible life sentence) and a 15-year prison term.

In 2017, he was tried on two counts of assault in the second degree for assaults of fellow inmates in the Genesee County Jail and on criminal mischief for damaging jail property. A jury convicted Holmes on all counts.

It was those convictions that prompted the need for a hearing on his persistent violent felony offender status.

Friedman agreed that Holmes is one of the most hardened criminals he's prosecuted during his career.

"I would say, yes," Friedman said. "Not only because of the number of crimes he has been convicted of and the number of state prison sentences he has served, but also because of the nature of some of these crimes, the sex offenses."

Today, Holmes stipulated that he would drop his pending appeal on his sexual abuse conviction and not appeal his assault conviction or sentence. Legally, he can still proceed with appeals, but if he does, Friedman will be able to bring him back to court and start again on a trial on the failure-to-register charges.

Holmes also stipulated that he is second violent felony offender.

The agreement could also mean the dismissal of a pending misdemeanor indictment on a count of criminal contempt.

Near the end of the proceedings, as Zambito proceeded with the standard language that Holmes has 30 days to file a notice of appeal, Rarick was clear with his client and the court that if he files a notice of appeal, or anybody does it on his behalf, the deal falls apart and Holmes will be back in court facing the pending indictments on failure to register and criminal contempt.

With a total of 25 years in prison terms, Holmes could be eligible for parole after 2038. When he is paroled, either in 2038 or later, he will be on parole for 10 years.

Batavia HS Alpin Ski results for Tuesday

By Howard B. Owens

From Coach Matt Holman:

Alpine Ski Results for Tuesday, January 23rd, 2018 at Swain Resort:

Deep ruts and warm temperatures dominated conversation of athletes and spectators as the Southern Tier Race League completed a two-run slalom race on Wheels Run. Despite the conditions, it was a much faster-paced race completed in just 1 hour and 40 minutes.
 
Top finishers for the Batavia Boys were Brandon Bradley (15th), Alec Wagner (18th) and Matt Grover (25th).
 
The girls also had top 20 finishers in Aubrey Towner (18th) and Lily Whiting (19th).
 
The next race is Thursday, January 25th at Swain.

Financing on Ellicott Station project expected to close in March

By Howard B. Owens

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Financing for developer Savarino Companies on the Ellicott Station project should close by mid-to-late March, according to Economic Development Coordinator Julie Pacatte.

Pacatte reported progress on the project to the Batavia Development Corporation board of directors this morning. 

The complicated financing deal to pay for the $18 million development, which includes a restaurant/brewery, apartments, and office space, includes some of Savarino's own money (about $3.5 million), grants, tax credits, and private investment (about $10 million) through a program called a New Market Tax Credit.

Empire State Development has promised $1.9 million for the project and has agreed to release the funding in stages to help pay for the project as it proceeds. ESD will get back 1 percent of the grant money as a "commitment fee."

That grant is administered by the BDC.

There is also a $500,000 grant from the state administered by the City as part of the Restore NY program.

The project will also receive tax abatement through Genesee County Economic Development Center.

There is also one brownfield tax credit already granted through the state because of the environmental cleanup needed at the former Della Penna property.

There is an application pending for the former Santy Tires property.  

Pacatte said the DEC requested more information on the possible environmental contamination on the property, indicating not enough evidence has been presented yet that the property has enough contamination to warrant the tax credit.

None of the environmental tests on the property done so far were taken inside the old repair bays.

"It was a repair shop for 50 years, so there really is no worry that it's dirty," Pacatte said. "The DEC just asked for more documentation."

Last month, Savarino acquired Ellicott Station LLC, the corporation set up by the BDC to take title to the two parcels on Ellicott Street, and when the financing closes, will pay the remaining $55,000 of the $60,000 purchase price to the BDC.

Jury trial for sex offender canceled for this week while defendant remains at Auburn

By Howard B. Owens
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      Marlek Holmes

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Flu cases have nearly quadrupled in Genesee County so far this season

By Howard B. Owens

Genesee County is not immune from one of the worst outbreaks of flu in New York on record.

Health Department Director Paul Pettit said there have been 149 confirmed cases of flu in Genesee County so far this season, compared to just 38 at this point last year.

"This type of increase has been seen across the state and country," Pettit said.

Across the state, there were 6,083 flu cases reported according to the state's Department of Health. There were 1,606 people hospitalized with confirmed cases of the flu in New York. That's the highest number recorded since the state started tracking flu cases in 2004.

There have been no flu-related deaths reported in Genesee County, Pettit said.

Across the nation, 30 children have died as a result of the flu, and the majority of those children were probably not vaccinated, the CDC reports. Adult flu-related deaths are generally not reported and tracked.

Dr. Dan Jernigan, director of the influenza division at the Centers for Disease Control and Prevention, said he's concerned that early reports that the current vaccine is only 10 percent effective may have misled people into thinking they shouldn't bother with the vaccine. 

Even if the vaccine doesn't prevent a person from contracting a specific flu strain, it does lessen the severity of the symptoms and can help avoid hospitalization. The current vaccine does protect against multiple strains of flu. Flu shots also helps prevent the spread of the flu, especially to vulnerable people such as children and the elderly.

Pettit encouraged local residents to get vaccinated soon.

"The season typically peaks by the end of February, so we are still strongly encouraging folks to get the flu shot," Pettit said. "It remains the best protection for yourself and others and getting the shot often helps reduce the severity and duration of the flu if you do get it."

Perry beats Le Roy 47-32

By Howard B. Owens

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Perry came out on top Tuesday night in a match of two of the best Class C teams in the region, beating Le Roy 47-32.

Perry, ranked #10 in the state, is now 12-2, and Le Roy is 10-3.

For Le Roy, Reece Tresco scored 11 points and had five rebounds, two assists and two steals. Canyon Roster had 11 rebounds.

For Perry, Tyler Cowie scored 19 points, pulled in 15 rebounds, had two assists, three steals, and four blocked shots. Austin Croll scored 13 points and had five rebounds.

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Law and Order: Corfu woman charged with DWI following accident

By Howard B. Owens

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

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