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Vehicle involved in rollover accident in Byron found unoccupied

By Howard B. Owens

Manpower from Byron and South Byron fire departments has been requested to search the area of a one-vehicle rollover accident near 6272 Byron Holley Road, Byron.

A deputy found the vehicle unoccupied.

The deputy has also requested dispatchers contact area emergency rooms for anybody who might have been brought in.

A guard rail near the accident scene is damaged.

UPDATE 6:30 a.m.: A deputy informs dispatchers that it appears the driver may have been belted at the time of the accident. "He may still be injured but not as severe as we thought." Based on some paperwork in the car, Batavia PD was sent to an apartment in the city, but nobody was home. They'll check again in an hour.

UPDATE 6:34 a.m.: The vehicle is a 2001 green Ford F-150.

UPDATE 8:10 a.m.: All Byron and South Byron units back in service. No word on whether the driver was located.

Frost advisory issued for the early morning hours

By Howard B. Owens

There is a frost advisory in effect overnight with temperatures expected to fall into the mid 30s.

The advisory is from 2 to 8 a.m.

An overnight frost could damage tender spring vegetation and outdoor potted plants. The National Weather Service recommends taking steps to protect plants.

Le Roy grad newest deputy with Sheriff's Office

By Billie Owens

Press release:

The Genesee County Sheriff Office recently hired Joseph D. Loftus to fill the position of Deputy Sheriff; a position that was left vacant by a Deputy Sheriff who was promoted to Sergeant earlier in the year.

Deputy Loftus is a 1997 graduate from Le Roy High School. Following high school, Deputy Loftus earned a bachelor of science degree in Criminal Justice, graduating cum laude, from Brockport State College.

Deputy Loftus was previously employed by Le Roy Police Department and McNeil/AECOM Security. Deputy Loftus recently graduated from the Rural Police Training Academy at Genesee Community College in March and and was Captain of his class.

Sheriff Maha stated, Deputy Loftus has been participating in our 14-week field-training program and is performing exceptionally well. He will be a great addition to our road patrol.

Saving the Genesee County Nursing Home: An Open Letter to the People of Genesee County

By Dave Olsen

Saving the Genesee County Nursing Home:

An Open Letter to the People of Genesee County

By David A. Olsen,

Founding Member of the Genesee County Libertarian Party

Dear Friends & Neighbors:

           Dating back to the first half of the 19th Century, Genesee County has pledged to care for our elderly citizens who are not able to take care of themselves regardless of their wherewithal to pay for the care or not. This is a noble mission and a tradition worthy of being continued. It is the opinion of the author that this promise should continue to be kept and it is our generation’s responsibility to get the GCNH on a path of sustainability and self-reliance. Originally, the County Home was self-sustaining due to the farming engaged in on the same property. That has not been the case for over 50 years. Over the past decade, at least, it has become an increasingly expensive burden for the taxpayers, so much that it is now problematic. By now, May of 2014, it has become obvious to even the most casual observer that the Genesee County Nursing Home is on an unsustainable path. If the people of Genesee County want to preserve the promise made many years ago that care will always be available for those in need for their friends, family and neighbors, then we have to begin thinking differently.

A recommendation follows and I hope the Genesee County Legislature will consider this as a viable suggestion. This letter has been sent to each County Legislator.

           The Genesee County Libertarian Party motto is “Educate. Advocate. Choice.” Part of the Educate segment, in addition to clarifying the principles of libertarianism and proving that it is not a selfish philosophy is to show that we, the people can do good things for our fellow man and without the interference of government and without the immorality of theft by taxation.

           Last year 60,000 of county taxpayers’ dollars were spent with The Center for Governmental Research on a study to provide some recommendations on how to proceed with the GCNH. This was the second study commissioned. The same organization had already completed a study in 2010 at taxpayers’ expense. I am using one of the options from this earlier report as a base: Option 5, which begins on page 91 of the report titled Genesee County Nursing Home Assessment and Analysis of Future Options, November 2010. ( cite: http://www.cgr.org/reports/10_R-1624_Genesee%20County%20NH%20Final%20Report.pdf )

Why a second study was commissioned is unexplainable in my opinion and totally needless. Again, even the most casual observer understands that NY State and the U.S. governments are both broke and view Medicare/Medicaid & Social Security as “entitlements” and therefore a constant subject of debate on how to cut those expenditures back. In other words, they will not be paying more. The unpaid IGT (Inter Governmental Transfer) funds are a case of fool us once, shame on the Federal government, fool us again shame on Genesee County. The promise made will not be kept, so let’s stop expecting those funds in our budgets.

           So what can we do? Please read on.

Quoting Buckminster Fuller: “You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”

          I set a few goals for this project:

  1. Continue the mission of GCNH without county tax funds being added every year to meet the operating expenses;
  2. End reliance on Government funds outside of Medicare/Medicaid and Social Security;( ie: IGT )
  3. Preserve the jobs that actually provide patient care at GCNH;
  4. Place the home under professional management and off the county administration workload;
  5. Provide future nursing home care for those county residents who cannot afford it.

     The actual cost to the taxpayers is somewhat foggy. By amalgamating versions from the County Manager, County Treasurer, Nursing Home Administrator, various legislators and reports from the Daily News and The Batavian, I concluded: since 2002, County tax funds have been required to cover the GCNH operation yearly. The numbers have gone up and down apparently, and this year they are projected to be around $2.5 million in the red. The county has been forced to borrow at times in anticipation of IGT funds. I don’t know the accumulated cost in interest payments. Regardless, this is not sustainable and is not fair. While it is the author’s opinion that a moral obligation does exist to help provide for the least among us, it is also true that the County Legislature has the moral obligation to ensure that if taxes must be levied, they should be spent in the most efficient manner. Unfortunately, neither of those obligations is being met.

     The best situation, I feel, would be to lease the home to a private operator preferably a nonprofit, but for-profit corporations should not be excluded. The decision to enter into any privatization agreement and who the operator is ultimately should be decided by referendum of Genesee County voters. Currently the income of the GCNH is expected at $15.797 million per year, their budget runs at $18.2 million, about $2.4 million is expected in IGT Funds, which apparently have not been paid since 2011. Let’s just forget the IGT Funds for now; if the federal government decides to send it to us, great, but it’s looking like a write-off from here. It also appears that privately operated nursing homes receive a higher per patient payment from Medicare / Medicaid than do government run homes. Additionally, the home is running at less than full capacity and a new operator would surely try harder to fill the facility. This scenario is based on the info available regarding what the GCNH receives now, so any difference goes to the bottom line of the operator. I expect that the new operator will bring in substantially more revenue than does the current operation, due to the above. Any schemes of making money for the County’s general fund through rental income, sale of bed licenses or debt repayment are not being considered. The mismanagement of other county operations is a separate issue and I am currently only considering the future of the Nursing Home. All proceeds need to be earmarked for the future care of County residents.

    So, here goes:

A..        Lease to be paid by the operator in the amount of $4,739.000 per year for a period of 10 years. This is equal to 30 of $15.797 million (current projected income). Standard business practice is to pay 20 percent of income for rent. This is a highly specialized facility with an existing customer base, so it is surely worth much more. I consider 30 percent to be a discounted rate, and should satisfy the NY Constitutional requirement of “Fair Market Value."

B.        During the 10-year period, the County will return to the operator $1.5 million per year for upkeep and maintenance, operator is responsible for any amount over that and can keep any funds not spent. The operator is responsible to complete needed upkeep and maintenance. Facility shall be inspected quarterly by the County for compliance.

C.        During the 10-year period the County will pay for the care of indigent or underinsured patients in the amount of 1 million dollars the first year and then decreasing by $ 100,000 each following year so that after the 10th year has passed, there will be no more funding from the County.

D.         This leaves $2.239 million remaining from the proceeds of rent payments. Of that 25 percent ($671,700) shall be placed into a contingency fund each year to be spent on Nursing Home issues only, at the discretion of the County Legislature. (Specific items allowed should be quantified in the lease agreement). The remainder, which would be $1,568,300 the first year and then increasing by the amount withheld from the payments described in C. above shall be placed into a permanent fund, which will accrue interest and will be used to fund the County’s share for care of the necessitous citizens of Genesee County after the 10-year period has ended. This will leave the fund with $19,500 in principle paid in. With an estimate of 2-percent interest being earned, the fund should have approximately 24 million dollars in it. That would be enough to have $300,000 to 400,000 per year removed for patient care and still be sustaining.

E.         At the completion of the 10-year period, the operator will cease lease payments and either the facility could be transferred to their ownership or the County can retain ownership. The facility would then be placed on the tax rolls, or if continued ownership by the county is desired, a payment plan would be drafted in lieu of taxes. Either way the result will be lower than $4.739 million per year. This should provide an incentive for a farsighted operator to take over the operations even if they may lose money in the first few years, which is why I believe that a nonprofit would be the best fit.

F.         The operator shall be offered to purchase County employee benefits for their employees, so as to continue the employment of the current staff for a period of 10 years. A benefit buyout plan should be established for any current employees who remain past the 10-year period and their pension converted to a 401K. I don’t think it wise to demand that wage levels be mandated for the operator, nor should we demand certain staffing levels. Those things are controlled by the State of NY anyway. We can however assist with the high cost of employee health benefits. A large majority (around 70 percent) of the GCNH budget as reported by the County is attributed to “Salary /Fringe” -- this could help alleviate those costs enough for the new operator to function at the reduced income of $12,558,900 (minimum) the first year (70 percent of $15,797 plus the $2.5 million refund from the County) without necessarily reducing the paychecks of employees. Especially in light of the fact that the operator will both earn more per patient and is expected to have more residents at the home.

            I’m sure there are laws and regulations which I am unaware of and are not factored in. I know the employees are represented by a union. Unions renegotiate contracts all the time, so that shouldn’t be an obstacle. This is why I am sending this to the Legislators so they can research those issues. This is a starting point and I believe the base premise used here is sound and workable.

      Thus the Genesee County Nursing Home is saved, the employees keep their jobs, taxpayers are no longer paying for the operation of the home, the County Administration is no longer spending time and effort on the home, a new private employer has come to town and most importantly the mission of the home to be there as a safety net for County residents will continue.

With Liberty and Justice for All,

David A. Olsen

Photos: Derby Day at Batavia Downs

By Howard B. Owens

There was a big crowd for the big race at Batavia Downs.

The Kentucky Derby was won by California Chrome.

This gentleman wanted me to take a picture of his "winning" ticket. I couldn't find him after the race, so I can't confirm that it was indeed a winner.

Photos: Derby Day Gala at Terry Hills

By Howard B. Owens

Today at Terry Hills the Michael Napoleone Memorial Foundation hosted its annual Derby Day Gala fundraiser.

As expected, there were lots of fancy hats.

Above, Dave Pero.

Emily Branche.

Barb Pierce.

Kevin Carlson created formal portraits of guests.

Anthony Nemi.

Donna Kabel.

The hat of Linda Klips.

Ann Marie Suttell and Nancy Chapman.

Vandals knock down eight more headstones, two urns at Elmwood Cemetery

By Howard B. Owens

Vandals have struck the Elmwood Cemetery for the third time in less than a month, this time knocking down eight headstones and two urns, according to Superintendent Steve Davis.

This time, the urn of the cemetery board president's father was knocked over, destroying a pot of fresh lilies.

According to Davis, a police investigator was able to get a picture of some fresh foot prints left in some dirt.

Previously:

GC Master Gardeners annual Spring Gala is May 17 - plant sale, chance auction, and more

By Billie Owens

Press release:

Genesee County Master Gardeners will be hosting their annual Spring Garden Gala on Saturday, May 17, from 10 a.m. to 1 p.m. at Cornell Cooperative Extension of Genesee County, 420 E. Main St. in Batavia.

There will be a plant sale featuring outdoor and indoor plants (many grown by Master Gardeners), geraniums and a Chance Basket Auction. Bring in a soil sample from your garden for free soil pH testing. Master Gardeners will be available to answer your gardening questions.

There will also be a terrarium demonstration at 11 a.m. and a container gardening demonstration at noon.

Don’t miss your chance to pick up some great plants and other interesting items for your garden. Sale starts promptly at 10 a.m. No early birds please. Chance Auction drawing at 12:30 p.m.

For more information contact Brandie Schultz at Cornell Cooperative Extension of Genesee County, (585) 343-3040, ext. 10; stop by the Extension office at 420 E. Main St. in Batavia; or visit our Web site at http://www.genesee.shutterfly.com

Corfu man gets 10-year prison sentence for distributing child porn

By Billie Owens

Press release:

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul Jr. announced Thursday that David Woods, 37, of Corfu, who was convicted of distribution of child pornography, was sentenced to 120 months (10 years) in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that Woods used an online bulletin board system designed for viewing and sharing images and videos of child pornography. Using the e-mail address jailbaitlover143@gmail.com, the defendant collected and distributed over 12,000 videos and 20,000 images of child pornography. Many of the images portrayed children, including infants and toddlers, being subjected to bondage and rape by adults.

On March 6, 2012, the defendant uploaded eight videos depicting young female victims. On the bulletin board, Woods stated “I hope this gets me into VIP, but even if it doesn’t, I figured I would share.” On April 17, 2013, law enforcement officers executed a search warrant at the defendant’s residence and seized a laptop and other digital equipment containing the images of child pornography.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Photos: Kids carnival at GCC

By Howard B. Owens

Jenicka Baker, 9, of Batavia, plays tug of war with a Genesee Community College student during a kids carnival held in the GCC Forum. The carnival featured a variety of games for children and was organized by students and GCC.

Charles Smith, Kiajia Johnson, 6, and Tahlia Smith, who turned 6 today, at the Frisbee toss.

While waiting for children to come to her game, Seneria Curtis, a GCC student, practiced her ballet.

Photos: Congressional art show reception at GCC

By Howard B. Owens

Congressman Chris Collins met with some of the 81 students from the 27th District who submitted original works of art in the annual House of Representatives art contest. The reception was held at Genesee Community College in the lobby of the Genesee Center for Arts. Above, Collins with Melanie Perkins, of Warsaw, and below, Makennah Aquino, of Batavia.

The winners are:

  • First place: Hailey Kilian from Iroquois HS
  • Second place: Jacob Weed from Kendall HS
  • Honorable mentions: Siena Pullinzi from Batavia HS and Alphonso Butlak from Lake Shore HS.

Photo: Child car seat event sponsored by Tompkins Insurance

By Howard B. Owens

City Firefighter Mike Dorgan helps Reese Koukides, 3 1/2, into her new car seat at a child car seat safety inspection and installation event in the City Centre Parking lot this morning. The event was sponsored by Tompkins Insurance.

Buffalo 716ers stop by T.F. Brown's to meet local hoops fans

By Howard B. Owens

Members of the Buffalo 716ers, a professional basketball team in the American Basketball Association, made a personal appearance at T.F. Brown's tonight. Jerry Smith, proprietor of the Showtime Sports Academy in Batavia, organized the event. Smith is taking on several projects to promote basketball locally and throughout the region.

From left are, Darnell Boswell, Devon Dawson, Anthony Hodge, Tawan Slaughter (the team's owner and coach), Jerry Smith Donald Felice (media agent) and Mario Williams.

Man indicted on four felony counts after allegedly putting Deputy Brian Thompson at 'grave risk of death'

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Scott A. Kopper is indicted on first-degree assault, a Class B violent felony. It is alleged that on Jan. 8 in the Town of Pembroke, with intent to cause serious injury to another person, he caused injury to such person or to a third person, in this case Sheriff's Deputy Brian Thompson, by means of a dangerous instrument -- a vehicle. In count two, Kopper is accused of the crime of reckless endangerment, 1st, a Class D felony. It is alleged that on the same day, "under circumstances evincing a depraved indifference to human life," he recklessly engaged in conduct which created a grave risk of death to another person by closing the window of his vehicle thereby trapping Deputy Thompson's arm, and started to drive away, dragging Deputy Thompson with him. In count three, Kopper is accused of second-degree assault, also a Class D felony, for acting with intent to prevent a police officer from performing a lawful duty, causing physical injury to such person, Deputy Thompson. In count four, Kopper is accused of second-degree assault, another Class D felony, for allegedly intending to cause physical injury to another person, and causing injury to such person, Deputy Thompson, by means of a dangerous vehicle -- a vehicle.

Antonio A. Ayala and Ashley L. Alvord are indicted on drug-related charges stemming from contact with law enforcement on Nov. 19 in the Town of Bergen. Ayala is indicated for the crime of criminal possession of a controlled substance, 3rd, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug, cocaine, with intent to sell it. In count two, Alvord is indicated for the crime of criminal possession of a controlled substance, 4th, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances with an aggregate weight of one-eighth ounce or more. In count three, both Ayala and Alvord, are accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 years old, in this case a 4-year-old child.

Alissa A. Fodge is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property valued in excess of $3,000 from a convenience store in the Town of Bergen between Aug. 19 and Oct. 16. The value of the property is about $7,040.

Aaron M. Zastrocky is indicated for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Jeep on South Lake Road in the Town of Le Roy on Dec. 20 while intoxicated. In count two, he is accused of aggrevated driving while intoxicated, also a Class E felony, for having a BAC of .18 or more at the time.

GCC trail plan for Batavia wins Spirit Award in business plan competition

By Howard B. Owens

Press release:

The "Spirit Award" in the Social Entrepreneurship / Nonprofit category was awarded to five Genesee Community College students after they presented their "Batavia Loop Trail and Bordering Business Development" plan to a team of judges at the fifth annual New York Business Plan Competition in Albany last Friday, April 25, 2014. The annual competition invites students from colleges around the state to submit innovative ideas designed to address a currently unmet need in one of six categories.

The GCC students presenting the Batavia Loop Trail (BLT) included Tara Beckens of Clifton Springs, Danielle Cannella, Richard DelPlato, and Maryssa Peirick, all from Batavia, and Adrienne Payne, of Byron. As members of GCC's CEO or Earth Clubs, they envision developing an 11-mile loop trail that skirts around the edge of the City and Town of Batavia connecting a wide array of businesses and regional resources -- from ice cream shops and restaurants to Batavia's treasure trove of city and county parks.The BLT maximizes the idyllic views of Tonawanda Creek and would provide safer walking and bicycling pathways to GCC, College Village, as well as Batavia High School and Genesee Valley Educational Partnership/BOCES on State Street.

The project builds upon the growing international interest and economy of bicycling tourism, and also on Batavia's proximity to NYS Thruway providing a huge tourist market. BLT also links into the new Ellicott Trail, which was recently awarded $1.5 million through NYSDOT Transportation Enhancement Fund. Students researched state and federal funding resources and were delighted to learn that BLT potentially meets many of the criteria for funds from the Unified Planning Work Program (UPWP), Consolidated Funding Application (CFA), NYSERDA's Cleaner Greener Communities, and Transportation Alternatives Program (TAP).

Lastly, and most importantly to the students – the long-term vision poses excellent hands-on learning opportunities not only for GCC students but for the Genesee Valley Educational Partnership (GVEP/BOCES). Next year, students hope to present a plan to GCC's Board of Trustees sharing their idea of creating a small on-campus business, the Recreational Rental Center, giving both students and the general public the opportunity to rent bicycles for the trail and potentially other equipment such as tennis rackets or soccer balls. The new micro-business will provide future GCC students enrolled in Business Administration, Accounting, Sport Management, Travel & Tourism, Web Design, Digital Arts and Physical Education with excellent co-op, internship and work study opportunities. Equally dynamic is providing GVEP/BOCES students enrolled in Conservation, Welding and Automotive Technology programs the chance to help develop and maintain the trail.

The students say the BLT is a "transformative idea that extends out 11 years," but they divided the overall plan into five phases with the most easily implemented segments of the trail opening in 2018. Before heading off to Albany, they shared the BLT idea with local key officials, including New York State Assemblyman Stephen Hawley and City of Batavia Manager Jason Molino, and were delighted the concept was unanimously well received.

"When Jason Molino called the project a 'home run' and pointed out how it would enhance Batavia's quality of life, the students were smiling from ear to ear," said Donna Rae Sutherland, GCC's staff advisor for the project. "While they will probably no longer be GCC students when the project becomes a reality, they are excited to pass the torch along to their peers. And, they hope they will be able to use the trail in the future with their own children years down the road -- or perhaps I should say path!"

The New York Business Program Competition is hosted by the SUNY College of Nanoscale Science and Engineering (CNSE), University at Albany's School of Business and Syracuse University. It has become the premier collegiate contest encouraging innovation and entrepreneurship throughout New York's colleges and universities in the following 10 regional economic zones: Capital Region, Central New York, Finger Lakes, North Country, Mohawk Valley, Western New York, Southern Tier, Mid-Hudson, New York City and Long Island.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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