Stories from

A driver injured in an accident after he allegedly failed to stop for a deputy on Batavia Stafford Townline Road was jailed on $15,000 bail after he was released from the hospital Friday.

Keith Edward Povitch, 29, of Coward Road, Byron, was charged with felony DWI, criminal possession of a controlled substance 7th, refusal to take a breath test, failure to yeld right of way to emergency vehicle and failure to keep right. 

The incident started at 4:08 p.m. after Deputy Brad Mazur allegedly observed Povitch's car blow through a stop sign at Batavia Elba Townline Road.

Povitch allegedly failed to stop after Mazur turned on his emergency lights.

As Povitch allegedly attempted to flee, he lost control of his car on Batavia Stafford Townline Road.

Mercy EMS transported Povitch to UMMC with facial injuries.

Upon his release from medical care, Povitch was arraigned in Batavia Town Court and then jailed.

(Initial Report)

When I stopped in to Bourbon & Burger Co. this afternoon, co-owner Derek Geib said, "You want to try a clear whiskey? It's the smoothest whiskey you'll ever drink."

He poured me a shot and I took a sip -- it was good. On my first taste, I thought, there's nothing to it, it's water. But the finish retained that satisfying whiskey burn, followed by a lingering vanilla sweetness. A nice complex flavor that is smooth, but still with some bite.

The whiskey is called Kansas Clean, and it's distilled in Kansas and not sold much outside of America's middle state.

After Geib heard about Kansas Clean through a friend, he contacted the distiller's CEO and she helped find a distributor in New York who could get it bottled and shipped to Bourbon & Burger -- making Bourbon & Burger the first, and so far the only, bar in New York to serve Kansas Clean.

Press release:

United Memorial Medical Center is pleased to announce that it will continue to provide a Phase II Cardiac Rehabilitation Program and will eventually add the service to its newest physician practice, United Memorial Cardiology and Internal Medicine, located at 229 Summit St., Batavia. Planned renovations to the practice will be altered to accommodate Phase II cardiac rehab.

Acquiring the cardiology and internal medicine practice of Dr. Keun Oh and Dr. Mohammad Rathor following Dr. Oh’s retirement in December, allows the hospital to continue to provide the medically monitored Phase II program on a smaller, flexible scale than what was previously available.

In November, United Memorial announced that it would close its Cardiac Rehabilitation Department effective March 1 due to declining patient volumes in the Phase II program and high expenses that were not offset by the self-pay, cardiac maintenance program. The 90-day time frame allowed the current eight participants in Phase II to complete the medically monitored portion of their program. For the 70 individuals enrolled in Cardiac Maintenance, the hospital has worked closely with the GLOW YMCA, Genesee County Branch, to develop a cardiac maintenance program to meet their specific needs in a community setting.

“By working with our community partners and thinking creatively, we have found a way to provide locally delivered cardiac rehabilitation services for our residents in a manner that maintains the quality and availability of care and is economically feasible,” stated Mark C. Schoell, president and CEO of United Memorial.

Phase I cardiac rehabilitation occurs while the individual is still in the hospital following a cardiac issue such as a heart attack. Phase II is an outpatient rehabilitation program that begins following discharge from the hospital, usually within a few days.

Participants in Phase II exercise regularly in a closely supervised setting. They learn stretching and cooling techniques, how to monitor their heart rate and activity levels, increase their aerobic capacity and become stronger. While exercising, a health professional assesses their heart rate and rhythm, blood pressure and symptoms of distress. Patients receive extensive education that includes risk factor modification, stress management, and nutrition counseling. Phase II is a medically monitored program and requires a physician in close proximity.

Phase III cardiac rehab is often referred to as cardiac maintenance. It focuses on long-term lifestyle changes to prevent future cardiac issues and patients continue to exercise to regain physical function. They learn to monitor their pulse and weight and watch for symptoms of coronary artery disease. Patients track their progress in written logs and share the information with their physician. Cardiac maintenance usually has a group format where participants offer support and encouragement to each other. Many cardiac rehab maintenance programs are typically held in community facilities.

When the department closure was announced, cardiac maintenance patients expressed concern about having a program to go to where they could continue with their groups. Many patients have exercised together, following the same routine for a number of years and formed deep bonds and friendships.

“The mission of the YMCA to build the spiritual, mental and physical wellness of all people aligns itself perfectly with the needs of the Cardiac Maintenance participants. We want to focus on healthy living by helping people achieve lifestyle goals through wellness, education and social interaction,” said Scott Taylor, CEO of the GLOW YMCA.  

The Genesee County YMCA is currently developing the cardiac maintenance area for all those in the program. They will waive joiner fees for current cardiac rehab participants and offer the program at the same, if not slightly reduced, monthly fee level. United Memorial will donate much of the exercise equipment currently used in the program to the YMCA for their program, easing the transition of the clients and provide education regarding nutrition and wellness through the Healthy Living Department, UMMC’s community outreach program.

The YMCA will begin offering ardiac maintenance services on March 5 and provide a smooth transition to current participants.

Officer Jay Andrews, who started with the force 24 years ago, hung up his badge today.

His retirement party was attended by people from through the local law enforcement community, not just the Batavia Police Department.

Andrews, who started his career in Wyoming County, including four years with the Attica PD, plans to work with Habitat for Humanity in the near term and then take off with his wife on their motorcycles in the spring and summer and see a bit of the country. After that, well, he's still deciding what to do next.

As a young man, Andrews -- originally from Boston, N.Y. --  worked in foundries, operating blast furnaces, but when the steel plant he was at in Erie County closed, he was out of work for six months. He eventually landed a job in Rochester and worked there for four years, but decided to take the civil service exam and apply to become a police officer.

The Wyoming County Sheriff's Office hired him and put him through the police academy and then he joined the Attica PD, but when there was talk in Attica of shutting down the PD there, he applied for a job in Batavia.

He said it's been a good run.

He was a founding member of the Emergency Response Team (commonly referred to as SWAT), eventually training other officers. He also supervised the armory and was a firearms instructor.

“I got to do a lot of different things for the department, a lot of opportunities that that a lot of people don’t get in their careers," Andrews said.

Andrews believes the Batavia PD, which has seen an influx over the past year of rookie officers, will do just fine after he's gone. He said there's a wide range of expertise in the department and a lot of really good people.

"It’s a fine department," he said. "They won't miss a beat. The department will do well and the city will be in fine hands with these young guys."

Brian and Beth Kemp have moved their successful apparel business to Downtown Batavia, and are sure glad they did.

"We liked the location and needed more space," said Brian Kemp, whose T-Shirts Etc. started in the Harvester Center more than 14 years ago. "We thought it would be good to be more central, right downtown. The atmosphere is awesome and we're more visible."

In just two weeks since the move, Kemp said, he's already seen an increase in T-shirt sales and picked up a few new customers.

T-Shirts Etc. offers custom printing on clothing, embroidered items, decals, banners, canvas prints of photographs, plus a variety of promotional products.

The front of the store is retail space selling T-shirts and sweatshirts with a hometown flair, from Batavia Blue Devils T-shirts to sweatshirts with the city seal on the front.

It's also a place where Brian and Beth have hung dozens of their own paintings.

The old location on the corner of East Main Street and Harvester Avenue seemed to get overlooked by a lot of people, he said, but now more people are stopping in the store on a daily basis.

The new location is 110 Main St., which sat vacant for a couple of years after Main Street Coffee closed.

Kemp said they're happy to finally be part of the BID (Business Improvement District) and look forward to participating in popular events such as Summer in the City and the fall Wine Walk.

An Elba resident is accused of stealing Crest Whitestrips from a local pharmacy and then selling the packages at Pawn King.

Jason Ray Anderson, 30, of Oak Orchard Road, is charged with five counts of falsifying business records in the first degree and petit larceny.

Anderson allegedly stole at least five packages of the dental-whitening product over the course of two days, Dec. 14 and Dec. 15, and then took the stolen items to Pawn King and signed documents stating he legally owned the packages.

Anderson was issued an appearance ticket, returnable to Town of Batavia Court at 1 p.m., Feb. 9.

A pickup truck driver reportedly blew right through a stop sign coming off of Fargo Road, Bethany, just before 11 a.m., Friday, and struck a semi-truck head on that was northbound on Route 63.

Investigators are trying to determine if alcohol and prescription medication were factors in the crash.

The pickup driver, Gene L. Kelsey, 70, of Pekin Road, Oakfield, was taken by Mercy Flight to Strong Memorial Hospital where is his listed in guarded condition.

Kelsey's passenger, Michael Snyder, unknown age and residence, was initially transported to UMMC -- after walking to the ambulance -- but was later transferred to Strong. He remains hospitalized in satisfactory condition.

The semi-truck driver, George Wolwerk, 51, of Hamilton, Ontario, Canada, was not injured.

"When I first saw him (Kelsey) he was already past that stop sign and he was traveling at a fair amount of speed," Wolwerk said. "I saw him and next thing I knew all the steam from the radiator was coming out over the top (of the front of the cab)."

Investigators said they believe Kelsey, driving a 2001 Dodge 1500 pickup, did not stop at the stop sign and yield to traffic on Route 63.

Neither Kelsey nor Snyder were reportedly wearing safety belts.

NYSP's commercial vehicle enforcement unit conducted a level one inspection of the tractor-trailer and found no deficiencies. 

The Sheriff's Office Crash Management Team is working on a reconstruction of the accident.

Bethany Fire Chief Jeff Fluker said the intersection "has been a problem in the past, with a curve like this and the angle coming off the road," but most people he said, know to stop for the stop sign and take a good look before proceeding onto Route 63.

Wolwerk said he's quite familiar with the road and know he needs to slow down as he approaches the curve on Route 63 just north of Fargo Road.

He said he did the best he could to avoid the accident.

"At that moment you're helpless and you just do what you can to try and minimize the loss," Wolwerk said.

This isn't Wolwerk's first serious accident. He said some years ago a "dear old lady" failed to stop for a stop sign and wrapped her car around his axels. She didn't survive, he said.

Asked if that's the kind of thing a truck driver ever gets over, Wolwerk said, "You have to have the guts to get over that type of thing, and yeah, you do. Truck drivers out here, they got a job that is very demanding."

The accident is being investigated by Deputy John Duyssen and Sgt. Scott Williams. Assisting at the scene where the Bethany Volunteer Fire Department, Pavilion Volunteer Fire Department, Mercy EMS, Mercy Flight and the State Police.

(Initial report)

A driver apparently lost control while being pursued by a deputy on Townline Road at Fotch Road, Stafford, and crashed in a field.

Mercy EMS is dispatched.

The deputy is out with the driver.

The deputy initially called in a pursuit and within seconds said, "and he's crashed."

It's unclear how serious the injuries might be.

UPDATE 4:18 p.m.: The crash appears to be further up the road, where Batavia Stafford Townline Road becomes Batavia Elba Townline Road. Town of Batavia responding, with Stafford notified that the accident is in Stafford's district.

UPDATE 4:19 p.m.: One Batavia engine responding, non-emergency.

UPDATE 4:47 p.m.: Patient being transported to UMMC with law enforcement following.

Financial records for the Village of Corfu Court are off by nearly $30,000 according to an audit released today by the NYS Comptroller's Office.

It doesn't explicitly accuse anybody of misappropriating funds, but does say the matter has been referred to local law enforcement.

The court is run by elected Justice Robert Alexander, who has been on the bench for 22 years. For most of the time covered by the audit -- Nov. 1, 2009 through Sept. 12, 2011 -- Alexander's clerk was his daughter, Brandi Alexander.

The clerk is responsible for collecting and recording fines, fees and bail, and reporting adjudicated cases to the DMV and the state's Justice Court Fund.

The justice of a court, according to the audit, is responsible for checking and reconciling the clerk's records.

While the audit uses language that is careful not to accuse Brandi Alexander of misappropriation of funds, it does outline scenarios where funds intended for fines, fees and bail are unaccounted for, understated or missing.

The audit found cash records were short by $10,628, stating the shortage is due to the lack of proper internal controls over the court's financial activities.

Of the shortage, $8,819 was for cash collected but never deposited in the court's bank account. The balance of the shortage is due to accounting errors, according to the report.

"These court (monies) are unaccounted for because neither the Justice nor the Clerk performed monthly reconciliations of Court activities, and the Justice did not review Court financial records," reads the report.

There is allegedly $16,883 in fines and bail during the audit period that were not recorded in the cash book, though funds were deposited in the court's bank account.

Also, $2,210 in payments were recorded at amounts less than actually paid; $790 in credit card payments were greater than recorded in the cashbook.

The audit also reportedly found that fines of $3,770 on 11 tickets were disposed of in reports to the DMV, but no evidence of payment was recorded. And there was an additional $2,350 in irregularities in the recording of DMV fines.

When a ticket is paid, a report is supposed to go to the DMV and to the Justice Court Fund. Auditors said they found irregularities in this duel-reporting process.

"It is unusual to report tickets as disposed to the DMV without also reporting them on the JCF monthly report," auditors said. "There is a risk that these fines could have been paid in cash and not recorded, or deposited and not recorded."

A total of 67 cash, check and money order payments were recorded for amounts less than the amount actually paid by the defendants, according to the report, and only 38 of the actual plea documents could be located by auditors. 

For 22 credit card payments, auditors located 14 plea sheets and on 10 sheets the amount of the fine noted was less than what the defendent actually paid.

Auditors were able to contact two individuals who were able to produce copies of sentencing letters used to notify defendants who plead guilty by mail of the sentence imposed. In both cases, the letter asked the defendants to pay a fine higher than what was recorded on the plea sheet.

"This test was necessarily limited because there were very few sentencing letters in Court records," auditors wrote. "However, given that this relatively simple scheme was used on at least two occasions, overstating fines in sentencing letters is one of the practices that could account for under-reported fine amounts in the cashbook."

When asked about the irregularities, Brandi Alexander reportedly told auditors, "that she performed her job too quickly and had made many errors."

Alexander began her full-time position March 10, 2008.

The audit says it's not unusual for a justice to hire a family member as clerk, but when a justice does hire a family member, he must seek the approval of the Unified Court System.

The audit states that Alexander did not receive permission to hire Brandi, and when permission was sought -- after the village board requested the audit -- the request was denied, at which time the board voted to remove Brandi from the clerk's position.

Typically, the board cannot hire or dismiss a court clerk without approval of the village justice, but once the UCS ruled that Brandi could not hold the position, the board had no choice but to terminate her employment.

While the court and its employees are an independent entity -- the village board has no control over its activities or its books -- the clerk's salary and benefits are picked up by the village.

Among the auditor's recommendations are that the village attempt to recover funds owed to the court by the justice.

Also, the auditors recommend that Justice Alexander seek to identify defendants who overpaid fines and issue them refunds on the overpaid amount.

The report also calls on the court to tighten up its financial controls and bookkeeping.

For the full report, click here.

A two-car accident with air bag deployment is reported at Byron Holley Road and Cockram Road, Byron.

If there are injuries, they are minor.

The cars are blocking and there is reportedly a lot of debris in the roadway. Byron and South Byron fire departments being dispatched as a precaution.

UPDATE 8:45 a.m.: There were no injuries. Byron and South Byron are back in service.

Thomas J. Hutton, 28, 9624 Clipnock Road, Stafford, is charged with forcible touching and endangering the welfare of a child. Hutton is accused of forcibly touching/grabbing the intimate parts of a person under age 17 in October. In a separate incident, Hutton is accused of offering cigarettes to a child under 17 in exchange for a sexual act. Following arraignment, Hutton was placed under the supervision of Genesee Justice.

Carrie Quashaye Blunt, 19, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny and unlawful possession of marijuana. Blunt is accused of shoplifting from Walmart. Blunt was taken into custody following an alleged verbal confrontation with a store employee. During the investigation, Blunt was allegedly found to have marijuana concealed in her purse.

Substance abuse professionals and those who deal with drug addicts in law enforcement have a new wrinkle to contend with -- so-called incense products such as synthetic marijuana and bath salts.

At GCASA, Genesee Justice and county probation (Hope Haven's director refused an interview request for this story), professionals say the fairly new substances make their jobs harder.

Products such as K2 and Spice, on the fake marijuana side, and "bath salts" with names such as Ivory Wave, Bliss and White Lightning, which are designed to mimic cocaine or methamphetamine, are readily available online and at a few retail outlets in Genesee County.

The ease with which an addict can obtain a product is one complication, but an added difficulty is that the chemistry of drug screening hasn't yet caught up with the new substances.

Typically, a drug screen contains seven to nine test panels and people in treatment can be covered by insurance.

Screens for incense products cost from $35 to $115 per test and are not covered by insurance.

"What you run into is that drug companies and agencies doing the drug testing haven't caught up with a substance that's fairly new," said John Walker, director of clinical services for GCASA. "When there is something new, it takes a while for the labs to catch up."

Walker thinks that eventually, even these newer designer drugs will be included in a normal toxicology scan.

That doesn't mean substance abuse professionals are completely clueless about who might be using these substances.

There are still signs to look for, from the glassy eyes to paranoia and aggitation.

When a counselor suspects a patient is using incense, the councilor can request a screen for the substances, and that does happen, Walker said.

For probation officers, there is an additional clue, said Director Julie Smith. Sometimes a probation officer will just walk into the residence of a person on probation and see a package of K2 sitting on a table.

That could lead probation to refer the person to a substance abuse program, or get the terms of the probation amended to specifically prohibit the use of incense products.

"We're definately coming across it, especially during searches," Smith said.

The substances can also present a danger to probation officers, Smith said, especially bath salts, which are known to make users more agitated and difficult to control. Officers don't always know what they're walking into when they check in on a client.

However, if a person is on probation with no prior history of drug use, then there isn't much the probation officer can do about that person smoking, say, K2.

The substance is legal and the terms of probation must fit the crime.

Amee Weierheiser, a case worker for Genesee Justice, said the rise of substances such as K2 is troublesome, but so far, only three defendants in a Genesee Justice program have admitted to K2 use. She said they were high school and college students who admitted to using the product.

If a client doesn't admit to use, then case workers must fall back on observation to determine if a person is using an incense product.

"It’s a huge concern," Weierheiser said. "These kids think it’s a legal way to get high, but it causes all kinds of problems."

Weierheiser said she would like to see the county institute a training program for professionals who deal with defendants and abusers to help them better detect and identify incense product users.

Smith shared Weierheiser's concern that people who consume incense products just aren't really aware of what they're getting into.

"It’s synthetic and it’s dangerous," Smith said. "It says right on the package 'not for human consumption.' People young and old need to realize what this is doing to them. It can certainly cause harm to them."

Walker said that while people tend to want to try out new things, the rise of synthetic marijuana and bath salts is a concern.

"People don’t really know what they’re doing, whch makes it kind of scary, but the popularity is increasing," Walker said.

Previously:

• Potentially dangerous synthetic drugs readily available in Genesee County
• 'Hammer Head' 'incense' blamed for seizure of youth in Le Roy

The hit man was named "Shootout" and the target was an alleged criminal associate of two brothers sitting in the Genesee CountyJail. But the simple plan turned out not to be as simple as the brothers reportedly hoped.

"Shootout" couldn't make it to New York, and when the brothers allegedly found another hired gun, it turned out they were allegedly handing their money over to an informant for the Sheriff's Office.

The details of a murder-for-hire case came out in county court today when Justin Barker, 22, one of the brothers allegedly involved in the gruesome plot, entered a guilty plea to the conspiracy charge.

The charges against Derrick Barker, right, are still pending.

Justin entered an "Alford Plea," which means he acknowledges a jury would likely find him guilty of the crime based on evidence presented by the prosecution, but does not admit actual guilt.

The plea requires the prosecution -- in this case, Assistant District Attorney Will Zickl -- to recite the evidence against the defendant.

Zickl said that, in part, the prosecution has copies of notes passed back and forth between Justin and Derrick, an audio recording of Justin and Derrick discussing their alleged plans with a person who turned out to be an informant, and information on the money obtained by the brothers. The prosecution also says it has photographic evidence of the money being turned over to the supposed second hit man, who turned out to be working for the Sheriff's Office.

The original plan, according to Zickl, was for a hit man named "Shootout" to travel from Georgia to New York and kill Benjamin Santiago Jr., who was arrested with the Barker brothers June 2.

The brothers allegedly believed that Santiago had provided information to the police about their suspected criminal activity.

When the brothers allegedly could not secure the services of "Shootout," Derrick allegedly asked another Genesee County Jail inmate -- who was already working with authorities -- if he knew anybody who could do the deed. The informant said he did, but that it would cost the Barker Boys $600 to get the job done.

"The Sheriff's Office observed the $600 being handed over to the cooperative associate and the money was then turned over to the Sheriff's Office and held for evidence," Zickl said.

While Justin did not admit factual guilt to the conspiracy charge, he did plead guilty to a count of  burglary, 3rd.

Justin admitted breaking into the Beaver Brothers Restaurant at Darien Lake Theme Park in September 2009.

Justin Barker, who is facing a two- to six-year prison term, is being held in the jail pending sentencing without bail.

A 29-year-old Genesee County resident with multiple arrests over the past couple of years could get up to five years in prison as part of a plea deal.

In county court on Thursday, Robert J. Eppolito, most recently of Church Street in Le Roy, entered a guilty plea to criminal contempt, 1st, with a negotiated prison term of one to three years.

Eppolito is also charged with assault, 2nd, for allegedly punching and kicking a person during a confrontation in September in Le Roy.

Public Defender Gary Horton, representing Eppolito on the assault charge, said a plea agreement is in place, including a plea on the criminal contempt charge, that could lock Eppolito up for a maximum of five years.

The two sentences -- for criminal contempt and for the alleged assault -- would be served concurrently.

Eppolito is expected in court next week to answer to the second-degree assault charge.

The cases are separated because they are unrelated.

In court Thursday, Eppolito admitted that he violated a court order by being with a protected person and by drinking alcohol.

Sentencing will take place at 9 a.m., April 23.

Eppolito is being held in the Genesee County Jail.

Press release:

At the fall meeting of the New York State County Treasurers and Finance Officers Association, held in Syracuse, Genesee County Treasurer Scott D. German was elected as the association’s president.

German was unanimously chosen by his peers statewide. Members of the association are elected county treasurers or comptrollers and appointed county commissioners of finance and their deputies from throughout New York State.

German has been a member of the association since he became deputy treasurer of Genesee County in 1994. He has been treasurer of Genesee County since 2004 after the retirement of John F. Flint. German succeeds Terri L. Ross, Allegany County Treasurer, as president of the association.

Genesee County will likely close the financial books on 2011 with an unexpected revenue surplus and County Treasurer Scott German is recommending the legislature roll the money over into its reserves.

The extra money will likely come from a windfall of $997,000 in sales tax revenue that came in above budgeted expectations.

At Wednesday's Ways and Means Committee meeting, Legislator Ray Cianfrini asked if the 2012 budget could be amended so some of this unexpected revenue could be directed at programs cut in 2012, such as Meals on Wheels, which is being forced to reduce delivery days.

In an interview Thursday, German said the legislature could do that, but his recommendation is that the money be held in reserve.

Reserves, he said, should be used for emergency expenditures, such as a bridge falling down, and not to fund programs legislators already decided already to cut.

"Under the tax cap, the legislators still had room to raise taxes if they wanted to fund those programs," German said. "The fact the sales tax came in better than anticipated, that's not a good justification to fund a program."

The treasurer said he anticipates the county will close its books on 2011 -- which happens in March -- with $13.2 million in revenue, up from the anticipated $12.2 million.

Total sales tax for the county -- which is shared among the county and various municipal agencies -- was $35.2 million, beating the 2008 record of $34.3 million.

Higher gas prices and the three-week close-out sale at Lowe's were probably the main contributing factors to the strong sales tax numbers, German said.

Is the local economy improving?

"I would hope that would be the case, but that would be speculation," German said. "I would hope business is getting better."

Up to four inches of snow is expected to hit the area over the next several hours, according to the National Weather Service.

Winds may reach 40 mph and blowing snow could reduce visibility to a quarter of a mile, making travel more difficult.

A winter weather advisory is effect until 7 p.m.

The Genesee County Economic Development Center can generate a lot of money for itself, Legislator Ray Cianfrini said Wednesday, so he would like the county legislative body to start looking at how much this Industrial Development Agency gets from the county budget.

"I just think we should look very close at their budget and revenue," Cianfrini said. "I’m sensitive to the fact that we had to cut a lot of things out of the budget for nonprofits that do not generate revenues and they’re hurt by the fact that we cut them."

His comments followed a Ways and Means Committee meeting in which a resolution was approved authorizing the county to accept, on GCEDC's behalf, a $750,000 state grant to help bring a mushroom farm to the Genesee Valley Agri-Business Park.

While Cianfrini was less direct about his concerns during the meeting, afterward, he said, yes, he does question bonuses being paid to GCEDC's executives while the county is providing $234,000 in supplemental funding to the agency.

"I personally received a lot of phone calls from constituents," Cianfrini said. "This riles them and they’re angry over the bonuses. I think that maybe that I, as a legislator, and we as legislative board, should be looking at GCEDC a little more closely and say, 'if you have the money to pay the bonuses, should we be funding you at the current level?' "

The bonus issue has been controversial for a year now, sparked by a state audit report that questioned the method of bonus disbursement, and it reignited a month ago when $120,000 in new bonuses were announced.

At the same time, the county has been forced to cut some programs, such as Meals on Wheels.

Cianfrini used the mushroom farm grant as an example of how GCEDC and its nonprofit Genesee Gateway Local Development Corp. generate significant profits.

With the $750,000, GCEDC will be able to sell the land for the mushroom farm and make a profit, make a loan and get the principle repaid plus interest, and collect a $16,000 fee for the operations expense of putting the deal together.

"This is a great moneymaker for the LDC," Cianfrini said. "And what do they put into it? Nothing. What are they going to get out of it? A lot.

"I just wanted people to understand how this works," Cianfrini added. "The state puts up the money. We dispurse it. They get to loan it out. They get income, they get revenue, they get operating expenses."

Cianfrini said the GCEDC executives are well compensated for what they do, but he's opposed to bonuses.

"If they continue to pay bonuses, then I’ll look at their funding and see if it's legtimate," Cianfrini said.

The Sheriff's Office plan to convert a jailed drug dealer's car into cash hit a road block Wednesday in the Ways and Means Committee.

A resolution authorizing the Sheriff to auction off the 2005 Chevy truck passed the Public Service Committee on Tuesday, but Wednesday, Legislator Ray Cianfrini had new information on the state law governing the disposal of seized assets.

Cianfrini said he wasn't concerned about the Sheriff's Office getting the money, just that proper procedures be in place and that the law is followed.

"I think there needs to be something more speicific and there needs to be more clarification," Cianfrini said. "I don’t have any trouble with the vehicle going to the Sheriff’s Office for law enforcement purposes, but what about the dispersal (of the proceeds)?"

County Attorney Charles Zambito provided Cianfrini with a copy of the state law, which outlines procedures and proper dispersal of any revenue generated by the sale of seized assets. The law is complex with multiple variables, and while the Sheriff's Office could wind up with some or all of the revenue generated by the sale of the truck, so could the District Attorney's Office, or the state, or the county.

The vehicle was signed over by Matthew Zon, who entered a guilty plea to criminal possession of a controlled substance, 2nd, and was sentenced to prison for possessing and distributing methamphetamine.

Undersheriff William Sheron said that since the vehicle wasn't seized, but signed over to the Sheriff's Office by the defendant as part of a plea deal, the procedures outlined in the law didn't necessarily apply.

"You’re looking at a state forfeiture process that if (a defendant) were reluctant in turning over a vehicle to us, then we would go through this process to seize the vehicle," Sheron said. "It’s now a common practice, as part of a plea bargain, where (the defendant) signs over title of the vehicle to relieve us from going through this process."

Zambito pointed out that even in the plea agreement, the vehicle is signed over "pursuant" to state law, which means, he believes, the process for disposal of the asset is governed by the law.

"We still have to follow the rules about what you do with the property once you get it," Zambito said.

The resolution on disposition of the vehicle was tabled until the matter can be further researched and clarified.