Children being exposed to lead, leading to higher risk of learning disabilities and a risk for other health issues, has regularly been in the news ever since contaminated water was found to be flowing into the homes of Flint, Mich.

This week, the Reuters news agency released a report indicating that 3,000 neighborhoods across the nation seem to have high lead contamination levels.

No neighborhoods in Genesee County appear to be on that list, according to data available through a New York State website that tracks reports of lead poising in children.

In 2012, only four children under age 2 of the 1,036 in the county who were tested had elevated lead levels detected in their blood samples.

Paul Pettit, director of the health departments in Genesee and Orleans counties, said the relevantly few children with elevated lead levels does seem to confirm that there is no widespread contamination in the community.

That doesn't mean it's not an important issue, he said.

The likely culprit in the four cases is lead paint in homes.

Any housing unit built before 1978 may contain lead paint. The paint on older homes chips or gets ground into dust by the opening and closing of doors and windows, and lead particles can fall into carpet or onto flooring where children crawl.

The easiest way to remediate lead paint is to paint over it, which doesn't eliminate the lead paint but does stop the lead particles from spreading. Children can also be exposed to lead while visiting a friend or family member's house, or if parents work in an environment where lead is present and it attaches to clothing or shoes. 

Pettit said parents should have their children tested at age 1 and age 2, for sure, though lead continues to be a risk factor for children through at least age 6.

Typically, the test is conducted in the office of a primary health care physician. It consists of a pinprick on the child's finger and the blood can typically be tested right in the office.

If elevated levels are detected, the child is typically referred to a lab where blood can be drawn and more thoroughly tested.

Ideally, a child will have no lead detected in his or her blood.

The amount of lead is counted by micrograms per deciliter, abbreviated to mcg/dL.

Of the four children in 2012 with elevated lead levels in their blood, one fell within the 10 to 15 mcg/dL range and three were above 15.

Those levels are consistent with a child being exposed to lead paint particles, Pettit said.

When you start seeing children with counts of 50, 60 or higher, it usually means they've ingested something contaminated with lead, such as a paint chip.

In 2012, about 50 to 60 percent of the children who should have been tested for lead were tested for lead, Pettit said.

More recent data was not readily available, but Pettit said of his 20 years involved in public health in the two counties, the numbers of children with elevated lead levels has remained pretty consistent.

When a child is found to have elevated lead levels, in the range up to 15 mcg/dL, the health department works with the parents where the child lives to eliminate possible sources of lead.

When the level is over 15, the process is more involved, Pettit said.  Personnel from the health department visit the home and do a lead risk assessment and develop with the homeowner or landlord a corrective action plan. Landlords are typically cooperative, but the department can issue a "notice and demand" to remediate any problems identified. 

"At 15 and above, it is a serious health issue to the child," Pettit said. "We take intervention steps to stop it."

When levels of 50 or 60 mcg/dL, children are hospitalized so the lead can be removed from their blood.

Lead poisoning in children is associated with cognitive issues and health issues can include decreased bone and muscle growth, poor muscle coordination, damage to the nervous system, kidneys and hearing.

Petit said he welcomed the opportunity to talk about the issue because he would like to see more awareness among parents on the importance of testing. Every child should be tested.

Members of the Kiwanis Club of Batavia were at their Secret Santa location yesterday getting ready dozens of holiday tote bags and other gifts for families that will be invited today to that location to pick up the care packages, receive gifts and visit with Santa.

The project is an annual event organized by the Kiwanis Club.

The families receiving the assistance are identified by local organizations and invited to the event.

By Tim Bojarski, for Batavia Downs

On Saturday (Dec. 17), the curtain came down on the 70^th anniversary season of racing at Batavia Downs. America’s oldest lighted harness track’s meet that began on Monday (July 25), ran two days longer than originally scheduled after racing was extended for an extra weekend.

As usual, the stake season was highlighted by eight divisions of the New York Sire Stake series, which featured the best state bred horses and Grand Circuit horsemen. The series featured visits from the likes of John Campbell and Andy Miller and produced two new track records.

On Saturday (Sept. 3) Pointomygranson (Marcus Miller) toured the facility in 1:53.2 and set a new standard for 2-year-old pacing geldings and on Wednesday (Sept. 14) Zack’s Zoomer (Marcus Miller) trotted a mile in 1:58.1 and established a new track record for 2-year-old trotting colts.

Racing under saddle (RUS) made its debut at the Downs on Wednesday (Sept. 7) and that produced a new track record as well. Admirable Hanover who was ridden by Vanessa Karlewicz won the $4,000 event in 2:03.4.

On Saturday (Oct. 9), Batavia Downs signature stake, the $50,000 Robert J. Kane Memorial trot saw the $7 million man, Foiled Again (Kevin Cummings) come from well off the pace to win by a length in 1:52.2 on the strength of an exciting stretch drive at 9-1. That win marked the 90^th trip to the winner’s circle for the richest standardbred in the history of the sport.

For the first time ever, Batavia Downs offered a new claiming series that ran throughout the whole meet. Claimers of both gaits accrued points month to month in order to make finals worth between $15,000 and $20,000. On Saturday (Nov. 13) trotters Love U Forever and Chrome Finish, and pacers Outoftexas, War Front, Vals Jett, Big Unit and Can U Be Fun won the finals in their respective divisions.

In September, Batavia Downs hosted a new owners' seminar in conjunction with the United States Trotting Association and the Harness Horse Breeders of New York State. Twenty-six people took part in the workshop that took them from the classroom to the paddock and provided them with everything they needed to learn in order to make informed decisions about standardbred ownership.

On the track, one of the best driving colonies in some time put on quite a show. Perennial local favorite Jim Morrill Jr. put in another stellar effort that was highlighted by a seven-win night, two six-win nights and four five-win nights.

But it was 22-year-old Drew Monti who eventually won the dash driving title with 116 wins for the meet. Monti also registered a seven-win night and two five-win efforts as well. It was the first ever driving title won by Monti.

Jim Morrill Jr. did set a new single meet earnings record at the Downs after he banked $849,024 in purses from July to December.

JD Perrin “three-peated” his training crown, finishing first again this year with 47 wins. Perrin’s meet started off strong before many of his horses fell ill. But after a trying middle stretch, the stable got back on track over the last month and Perrin was able to defend his title again.

The winningest post position was post one with 231 wins followed by post two (151), post four (138) and post three (126). Post one also made the board 63 percent of the time.

Also, the favorites won the race 46 percent of the time during the course of the meet.

“We had a very exciting year at Batavia Downs this year. The product on the track was very competitive and having drivers like Jim Morrill Jr., Drew Monti, Shawn Gray and newcomer Larry Stalbaum joining the fray, the competition was fierce every night” said Todd Haight, GM/Director of Live Racing. “Despite our handle being down 5 percent for the meet, we paid out a record $5.9 million in purse money and we look forward to doing that again next year.”

Pending approval from the New York State Gaming Commission, the 2017 live racing meet at Batavia Downs will start on Wednesday (July 26).  

The management and horsemen of Batavia Downs would like to wish everyone in the industry a very happy Holiday Season and the best of luck in the upcoming new year. 

On Wednesday afternoon, the Genesee County Chamber of Commerce staff received a sneak preview of Farmer’s Creekside Inn in Downtown Le Roy. With the structural and outside work mostly completed, the interior of the restaurant was buzzing with activity as they strive for a spring opening. Without giving away all the details (we’ll let the restaurant do that), Farmer’s Creekside Inn is going to be a must-visit restaurant for the people of Le Roy, Genesee County and beyond. The owner and management are working hard to create something special – with the results evident during our visit. The facility’s multiple dining rooms and outdoor seating areas overlooking the serene Oatka Creek spillway will create many different opportunities for patrons.

Here are a few photos:

Visit www.VisitGeneseeNY.com to learn more...

A car has driven into the Burger King on West Main Street in Le Roy.

There are no injuries, no utilities damaged. The driver is out of the car.

Le Roy fire responding. Le Roy ambulance dispatched as a precaution.

UPDATE 8:19 a.m.: Le Roy assignment back in service. Scene turned over to law enforcement.

UPDATE: Reader-submitted photos added.

A Town of Batavia property owner told the municipality's Town Board on Wednesday night that he thinks the current version of its Comprehensive Plan Update contains rules and regulations that would prevent future development of his land.

"The plan is very restrictive," said Bruce Newton, owner of property next to the Tonawanda Creek near the Willow Bend Inn on West Main Street Road. "My dream (of expansion) is somewhat ... it has squelched my dream, and I feel that the value of the land will go down as well."

Speaking at a public hearing on the Comprehensive Plan Update, Newton said that the first draft of the plan makes it "virtually impossible" for him to build a house or do anything on the land that is zoned for commercial use.

"The regulations that are in place are on the depth of federal and state levels, restricting expansion opportunities," he said. "If I have to refer to your map, there is not a lot of wiggle room."

The Comprehensive Plan governs decisions on zoning, capital improvements and budgeting, addressing key issues such as land use, natural resources, agriculture and farmland, parks and recreation, housing, economic development, transportation and government services. It last was updated about seven years ago.

Newton asked if the town is expecting massive expansion in the area, to which Supervisor Gregory Post replied that they have seen a 100-percent increase in building permits over the past decade, and that projections call for "2,000 to 30,000 jobs over the next 10 years."

"A guide (to development and its impact on the environment) is needed," Post said. "I don't know if the Comprehensive Plan will prevent anybody (from building), but it gives the town the opportunity to help you through the process, and get a feel of what you can invest in."

Newton mentioned that his land is zoned for commercial use now, adding that "it would be quite a 180 to go from zoned commercial to a green area for parks and recreation."

Barbara Johnston of LaBella Associates Inc., a Rochester engineering, planning and consulting firm that has been assisting the town in this project, said the town is proposing an "overlay district" -- which does not affect the zoning but does add to the regulations.

It is not a deal-breaker for potential development, she said, unless the land is part of a wetland or in a flood zone where the Department of Environmental Conservation or Federal Emergency Management Agency would get involved.

"The DEC is your biggest worry," she said.

Newton asked if those updating the plan were basing their ideas off another plan in New York State or if they were "flying by the seat of their pants?"

Sheila Hess of CC Environment & Planning, of East Bethany, who also is assisting the town, said it is a science-based plan taking many elements found in an Ulster County pilot program and the Green Infrastructure Network, with a goal of marrying the town's natural resources with development to "sustain the overall quality of the town."

Johnston added that the Town of Batavia plan is "less strict than many models we have looked at, and is locally developed, which is better than one-size-fits-all."

Newton's father, George, suggested that the town should consider the Tonawanda Creek as an asset worth developing around.

"It should be greater than it is today," he said. "People who live around the river (creek) are not contaminating it. It's what's being pumped into it."

Earlier, Paul Kulczyk, a West Main Street Road resident for the past 25 years, said he wondered how areas of potential development near areas of natural resources as depicted on a Green Action Plan map "could sustain themselves wiithin such close proximity of each other."

Both Johnston and Hess acknowledged that these future residential areas would be subject to "special review" by the Town Board and Town Planning Board before any final determination could be made.

At the end of the 45-minute session, Post said the Town Board will review all comments and come up with a revised draft -- which likely will add the fiscal impact of development -- to present at another public meeting. He said he hopes to complete the process by early spring.

In other developments, the Town Board:

-- Approved shared services agreements with the towns of Pavilion and Alexander for code enforcement next year at a cost of $15,000 and $10,500, respectively, to those municipalities, and a similar agreement with the Town of Stafford for financial clerk services in 2017 that stipulates payment of $16,000 from the Town of Stafford.

-- Learned that Batavia Town Fire Chief Paul Barrett will be stepping down at the end of the year, and will be replaced by Deputy Chief Daniel Coffey, who is a sergeant on the City of Batavia police force. Barrett said he will continue on the department's board of directors.

In a related move, the board OK'd a contract with the Town of Batavia Fire Department for 2017 that calls for the town to pay $916,858 in 2017 for fire protection services within the established district.

-- Appointed Andrew Meier as town attorney for 2017 at the rate of $195 per hour and Theron Howard as town prosecutor for 2017 at an all-inclusive salary of $675 per week. Meier and Howard will be replacing Kevin Earl, who has accepted the position of Genesee County attorney.

Motorists wanting to travel south on River Street from Main Street or north from West Main Street -- other than residents on that stretch of the road -- have been forced to find alternate routes the past two days due to underground utility work, adjacent to Five Star Bank. The street reopened on Thursday (Dec. 22).

Photo by Mike Pettinella.

In an effort to help students who are falling far behind in their studies, to the point where the students start to lose hope of catching up, principals Scott Wilson, Batavia High School, and Ashley John Grillo, Batavia Middle School, have developed an innovative new afterschool program to help the students make up for lost time.

Wilson described the program as "creative" at Tuesday's meeting of the City Schools Board of Trustees.

The board unanimously approved implementation of the program after Wilson's presentation.

The program will be held at the high school on Mondays through Thursdays from 3:30 to 5:30 p.m.

Wilson said he would anticipate from five to 15 students participating in each five-week segment.  

There would be a rotating group of teachers running the sessions each day and the program uses online courses designed to help students with makeup work as well as group learning.

"The goal is to have enough progress for the students to recover," Wilson said.

Students fall behind for a variety of reasons, from home life, to illness to other distractions and they often would like to keep up with their school work, Wilson said. That's hard to do when each day is filled with the current day's schoolwork.

During the course of the academic year, students get grades that are really just progress markers, Wilson explained, but the most important grade comes at the end of the school year, so the goal of the program is to provide midyear course correction for those who "go off-roading," Wilson said.

Wilson hopes to implement the new program starting in January.

There's a family in Batavia whose Christmas is going to be a whole lot brighter thanks to Liz Machala.

That's because there's a baby who is alive who might not be if not for Machala's ability to remain calm under stress and her knowledge of CPR.

Yesterday at Settler's Restaurant, Machala was eating lunch with friends, as she often does on Tuesdays at Settler's, when there was a big commotion on the other side of the restaurant.

"The father was yelling, 'she's not breathing, she's not breathing, somebody do something.' "

Restaurant owner John Spyropoulos immediately called 9-1-1 and dispatchers sent an ambulance for a 6-month-old in cardiac arrest.

Machala rushed from her seat and found the baby was turning blue.

"I turned her on her side," Machala said. "I pounded her on her back. I stuck my fingers down her throat. She had something stuck. I pounded her on her chest and flipped her over again to pound her on her back and she started screaming."

Machala said her only thought at that point was, "I'm happy."

The baby was transported to Strong Memorial Hospital for evaluation and this morning the baby's mother came in the restaurant and said she wanted to do something for Machala but Machala said she isn't looking for any attention.

She doesn't like a lot of attention on herself she said and was a bit reluctant to even talk with a reporter about yesterday.

"Anybody would have done what I did," she said. "Unfortunately, nobody did. People don't like to get involved. I, unfortunately, am one of those people who will get involved and get my ass kicked in the end." 

Machala learned CPR when she worked with mentally disabled people years ago.

This morning, Machala was in Settler's, as she usually is on Wednesday morning, with a group of friends.

As she was leaving, and the friends were all wishing each other a Merry Christmas, one of them told her, "Liz, I'm proud to know you."

"Now you're making me blush," Machala said.

UPDATE Thursday, Dec. 22, 10:20 a.m.: Falicia Tuczai posted the following on our link on Facebook:

I do not want my corrections to come across as rude, or negate the fact that I am truly grateful beyond measure for the impeccable aid my daughter received from Liz and everyone's assistance. But because this has gained so much publicized attention, I wanna clear up any inaccurate facts. First, I wanna bring attention to the other nurse that was involved in helping my daughter. She too was present, and from what I've gathered was actually the one who performed CPR. She certainly deserves as much praise as the lady already mentioned. However, I will not disclose her name with not having any type of prior consent. Thank you both sincerely for all your efforts in helping my daughter! We could obviously never repay such an act! The article does mention the "mother" going to the restaurant this morning to repay this nurse, however, that was not me as I have been with my daughter at the hospital. Additionally, my daughter's age is actually 14 months old. What she suffered from was a seizure. This has now been a reoccurrence to one she had in August. We hope to find answers to these sporadic unexplained episodes, but all things set aside she is healthy and happy and doing extremely well! So we appreciate all who were aware that reached out to us to check on her. As far as cardiac arrest, that is not something that occurred. It is common for the heart to shallow to a point it's hard to detect for a brief moment till your body stabilizes naturally. As she may have had food in her mouth, the seizure is what caused her to choke not visa versa. Seizures themselves are non-life threatening. It's other sources such as eating, driving etc. while an episode is happening that can be. I would never wish this experience on anyone, but with how common I learned of them to be, it never hurts to be knowledgeable on how to aid someone properly during a seizure and recognize the signs! It can be very intense and scary. Golisano children's neurological team has been amazing both times in our scares to bring comfort and awareness to us as well. And again thank you all so much to the nurses, EMTs, Drs Etc as well the outpouring of concern we received. Macie is one blessed and loved little girl.

During Tuesday's City Schools board meeting, held at Jackson School, students and their teachers did a show-and-tell on some of the skills they've been learning through innovative classroom activities.

Above, kindergarteners count in increments of two to start a demonstration that included jumping in increments of two on a floor map, and then on a second trip through the map, picking up building blocks, which provides a lesson in groups and multiplication. Their teacher is Melissa Mattice.

Bottom photos, teacher Jessica Torrey works with her students in first grade on a demonstration of their writing and storytelling abilities.

During her presentation about progress at the school, Principal Diane Bonarigo said teachers and staff are very aware that the study skills and attitudes toward learning developed in kindergarten and first grade will have a big impact on a student's ability to eventually graduate from high school. 

A 30-year-old Batavia resident has been arrested on a warrant for allegedly selling drugs to an agent of the Local Drug Task Force.

Victor D. "Grimes" Guy, of Pearl Street, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

It's alleged that Guy sold heroin to an undercover agent on two separate occasions.

He was picked up on the warrant after being arrested by Batavia PD on Saturday on an unrelated incident and then turned over to the task force on the warrant.

He was arraigned in County Court yesterday and jailed on $25,000 bail or $50,000 bond.

Guy was arrested this week by Batavia PD on charges of criminal possession of a controlled substance, 7th, obstructing governmental administration and DWAI drugs.

In 2012, Guy was accused of dealing crack cocaine. Information is not immediately available on the resolution of that case, but the Department of Correction's website indicates Guy has never served a prison term.

Visit ShopLocal.TheBatavian.com before Dec. 27 and post recommendations for your favorite local businesses for a chance to win a $100 gift certificate for Adam Miller Toy and Bicycle.

Each recommendation posted increases your chances of winning.

The winner of the Valle Jeweler's gift certificate was Penny Hogan, of Le Roy, for her recommendation for R&D Outlet Center.

UPDATE 10:25 p.m.: I just discovered a code error introduced into the code this morning that was preventing recommendations posted today from being saved. It was redirecting people to the home page instead of completing the process. It is fixed now.

The former Batavia resident who is accused of leaving her twin sons home alone one night in May before they died in a fire has hired a new criminal defense attorney.

Benjamin Bonarigo Sr. is now representing Heather Ace.

Ace is charged with two counts of endangering the welfare of a child.

The 25-year-old Stafford resident appeared in Batavia Town Court yesterday with her new attorney, who replaces Public Defender Jerry Ader.

No other actions were taken on her case and she is scheduled back in court in January.

She has pled not guilty to the charges.

According to court documents, Ace went out the night of May 26 after putting her kids to bed at 8 or 8:30 p.m. behind a door locked on the outside. She intended to go to the movies, according to statements, but instead went to a friend's house, smoked some marijuana and then went to a store and bought an alcoholic beverage called Four Loko. She then went to another friend's house and hung out.

Her mother called her to tell her her house was on fire. Ace was reportedly distraught and rushed to the house.

Micah and Michael Gard, both 2, succumbed to smoke inhalation, according to reports.

(Our news partner WBTA contributed to this report.)

Tim Hens clears snow from the new outdoor ice skating rink at DeWitt Recreation Area in Batavia and he said the rink should open today, but if not today, tomorrow.

The rink was made possible when the Town of Oakfield donated it to the county for use in DeWitt.

Most days while there is ice will be open skating, Hens said, but he anticipates having puck and stick days (no hockey games, and there are no nets) on Tuesdays and Thursdays.

Staff from Cedar Street Sales and Rentals are helping maintain the rink during the winter.

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

City fire and Mercy EMS responding.

D.J. Snyder, a maintenance mechanic with Genesee County, shared these pictures he took from the cupola of the Old Courthouse in Batavia. He was up there with coworker Randy Boyce to replace fuses in the star hanging on the west side of the cupola.

A new state law that goes into effect today is another tool for communities in their efforts to crack down on the number of bank-foreclosed (“zombie”) homes in New York, according to Batavia’s city manager.

“While the local law that we passed deals with development of these types of homes, this state law is more about monitoring (the banks that have interest in abandoned properties),” Jason Molino said this morning. “It’s a good tool, but it will take time for things to filter out to see the impact.”

The Foreclosure Relief Act is a new law that requires banks or mortgage lenders to maintain properties that have become vacant during the foreclosure period, and also requires that periodic inspections be made. Failure to comply with the law could result in fines up to $500 per day.

The law also includes a toll-free hotline for people to report zombie properties and a statewide registry to track them.

“Once rules are put in place by the state agencies involved, we will have a better understanding of the accountability piece,” Molino said. “The goal is to prevent foreclosures from happening and also as a tracking and enforcement tool to prevent lenders from letting the properties go under water.”

The push to get the law passed in Albany was led by South Buffalo Assemblyman Michael Kearns, who promoted a “shame the banks” campaign.

Prior to this law, it was up to cities and counties to fight the banks that created the zombie homes, usually through fines against the property owners for building code violations. But since banks aren’t taking legal control of the houses, they have been able to avoid paying additional fines or fees.

Under the Foreclosure Relief Act, the state Department of Financial Services – which issues the banks’ state licenses – also has enforcement authority.

To report zombie properties, contact New York's Department of Financial Services at (800) 342-3736.   

About a year and a half ago, City Council passed a local law that provides incentives to owners of highly distressed properties willing to spend the time and money to renovate their homes.

Council acted on a gap financing plan devised by Molino (with assistance from the New York Conference of Mayors) that offers exemptions for up to 25 years on the increase in the property’s assessed value after redevelopment.

A pedestrian has reportedly been struck by a car and there is a reported injury at West Main Street and North Lyon Street, in the City of Batavia.

City fire and Mercy EMS responding.

UPDATE 9:31 a.m.: Minor, if any, injury. Patient transported to UMMC for evaluation. Adult male. No damage to vehicle.