The National Weather Service has issued a severe thunderstorm warning for the southern half of Genesee County and it's in effect until 3:30 this afternoon.

A teenager who drove a black golf cart without lights on a darkened public highway before it was rear-ended by a car, killing her boyfriend, will serve six months in jail and be placed on probation for five years.

Judge Robert C. Noonan called the case a tragedy -- the actions of Cortney L. Greene, 19, of Bryon, "stupid," -- but also noted the support Greene has received from friends, family, teachers, and the parents of her victim, Zachary J. Rusin, 18, of Holley, figured into his sentencing decision.

Greene was also granted youthful offender status by Noonan, meaning if she stays out of trouble over the next five years, she won't have a felony conviction on her record.

Rusin's mother, Tracy, told Noonan she wanted to see Greene have a chance to teach other teenagers about the dangers of drinking and driving.

"He loved and cherished Cortney," Tracy Rusin said. "He always got a big smile on his face when he heard her name.

"I lost my son," she added, "and I love Cortney and I respect her. She knows what happened was wrong and I would like to help her educate people. I'm going to stand beside her every step of the way. It's hard for a parent to go through this, and I know she's going through the same thing."

While Rusin spoke, a couple of times, Cortney, standing beside her attorney Thomas Burns, wiped tears from her cheeks with the sleeves of her gray sweater.

Greene's sentence could have been just probation, or maybe intermittent jail time, instead of a straight six months, Noonan indicated, but he said it wasn't clear Greene has really learned her lesson. Twice, Noonan said, Greene violated the terms of her release under supervision contract with Genesee Justice since pleading guilty June 11 to negligent homicide and driving under the influence of drugs and alcohol.

District Attorney Kevin Finnell said he's never seen such an outpouring of support for a defendant. He said people he knows and respects would stop him on the street and express support of Greene.

"It would be very easy for me to request incarceration based on the nature of the offense," Finnell said. "Out of respect for Mrs. Rusin and James Rusin, the father of Zach Rusin, I won't do that. Neither of them are asking for state prison."

Finnell made no sentencing recommendation, though he questioned whether Greene has reached the point in her life where she's making correct decisions.

Noonan received 24 letters of support for Greene from people in the community and more than two dozens supporters sat in the courtroom today.

Many sobbed after Noonan informed Greene she was going to jail for six months, starting today.

When Noonan told Greene the sentence was imposed because of her "misconduct" while awaiting sentencing, and that the sentence might give her time "to think long and hard about her conduct," Greene said softly, "I understand."

Burns requested Greene be granted probation and youthful offender status -- she was 18 at the time of the accident, making her eligible for YO -- because, he said, Greene has dreamed of, and has been working toward, becoming an elementary school teacher. A felony conviction would keep her from obtaining teaching credentials.

Greene loves working with children and looks forward to "teaching her own children and the children of other mothers some day."

He described a client who has tried not to show how upset she is by the events of Nov. 26, but said Greene is an emotional wreck who still hasn't truly come to terms with the enormity of the tragedy.

"It isn't just the use of substance that night," Burns said. "Even without the use of those substances, what she did when she drove that vehicle on that dark road created criminal recklessness."

Later, he added, "There was no malice in her, but there was certainly negligence in her action, and criminal negligance."

When Noonan asked Greene if she had anything to say, she responded with a terse, "Nothing, sir."

Noonan said he has thought long and hard about this case and read every letter and every document associated with it.

He said the Probation Department report recommended treating her as an adult and sending her to state prison.

"If we were to do that on either of these counts, I feel quite confident it would not be disturbed by any other court," Noonan said.

However, Noonan said, he did not intend to hinder Greene's ambition to become a teacher.

"I would agree that the levels of drugs and alcohol in your system were not as great as some of the cases I see every day," Noonan said. "Your levels were very nominal. You were not somebody out there blasted beyond the ability to know what's going on around you.

"But," Noonan added, "Your decision to go out in a black golf cart on a darkened public highway and put yourself and your boyfriend in harm's way had to have something to do with the drugs and alcohol in your system to make you make such a stupid decision."

He said by all indications, Greene's behavior that night was out of character for her.

"Lord knows your decision on that night was stupid and resulted in a terrible, terrible tragedy," Noonan said. "It is just heartbreaking to everybody in this courtroom."

St. Joseph Catholic School will hold its 53^rd Annual Popcorn Ball on October 13^th of this year at 6 p.m. at the school, which is located at 2 Summit St. in Batavia. The theme of this year's ball will be “A Taste of Genesee” and will feature food from several area restaurants.

Those that have already agreed to participate include TF Brown's, Center Street Smoke House and Alex’s Place. Organizers are still hoping to add a few more restaurants in the next few weeks and are also looking for donations in the form of prizes and gift baskets. 

The school will also honor outstanding alumni and present the first “Spirit of St. Joseph” award at this year’s Popcorn Ball. Nominations are still being accepted on the school’s Web site, www.sjsbatavia.org.

Anyone interested in participating should contact the school at 343-6154 or email Chad Zambito at chadzambito@gmail.com

A server and bartender at Center Street Smoke House has been arrested and accused of stealing more than $3,000 from his employer.

Charged with grand larceny, 3rd, is Adam J.Hoag, 36, of 162 Ross St., Batavia.

Hoag, who was employed at the restaurant from May 2010 until May of this year, allegedly voided transactions and falsely documented receipt of discount coupons and gift certificates.

Following arraignment in city court, Hoag was released under supervision of Genesee Justice.

Third-degree grand larceny is a Class D felony.

Buffalo News: Pressure growing over Silver's role in sexual harassment settlement

A gargantuan dog, believed to be a Great Dane, has no collar and has been running loose for most of the day. Earlier, an animal control officer tried approaching it, but the canine would not allow the officer near. Now, a woman tells dispatch she has a Great Dane in her custody at her car, parked at Hutton Road and Maple Avenue in Oakfield. After an officer finishes investigating the allegation of constantly barking huskies in Alabama, she will meet up with the Dane's temporary handler.

UPDATE 6:43 p.m.: The woman who's keeping tabs on the enormous pooch is munching on pretzels while awaiting the animal control officer. No word on whether she's sharing, but we're betting she is as there is little alternative in this situation with said quarry.

UPDATE 6:49 p.m.: "Genesee, I'm in the vicinity of the stray Great Dane."

UPDATE 7:41 p.m.: The officer has the dog and is pound bound. Is anyone missing a Great Dane? (The breed is not exactly inconspicuous. (It's irrefutable, scientific fact that its size is dwarfed by factors not yet quantifiable, for example, a big heart.))

An officer is responding to 1371 Lewiston Road, Alabama, for a complaint of dogs barking ceaselessly. The nearest crossroads are Alleghany Road and Church Street. There are reportedly three Siberian huskies on the property.

UPDATE 6:38 p.m.: "The owner has been advised. All FOUR dogs are licensed," the officer reports to dispatch, adding that now she's headed to Oakfield for the stray Great Dane.

Burnt food in Room 102 in Spruce Hall at College Village resulted in a fire alarm to which the Town of Batavia Volunteer Fire Department's Engine 24 responded. Upon investigation, burnt food was confirmed to be the cause for alarm and Engine 24 is back in service.

A political fight among Conservative Party members in Erie and Niagara counties is going to cost Genesee County taxpayers $28,000.

How's that?

According to Art Munger, Conservative Party chairman and Genesee County resident, Erie County Conservatives won't support State Sen. Mark Grisanti (inset photo) because of his vote in support of gay marriage. A group of conservatives in Niagara County continue to support Grisanti.

Rather than back the slate of committee candidates chosen by the other seven counties in the 27th Congressional District, Niagara is running its own slate of candidates who side with Grisanti, Munger said.

Grisanti's state senate district encompasses parts of both Erie and Niagara counties, but none of Genesee County.

"Niagara forced (the primary) on the eight counties involved in the congressional district," Munger said. "That's their right. They have a right to the ballot, but it's not us local people that are causing this cost. We had a slate. They choose not to cooperate and work with us and instead filed their own slate."

Munger isn't 100-percent certain, but he said as far as he can tell, all 12 members of the Niagara slate are Niagara County residents.

Richard Siebert, the Republican election commissioner for Genesee County, informed the Ways and Means Committee today about the anticipated expense.

While there are only 845 registered conservatives in Genesee County, the election commission must set up 29 polling places throughout the county for the primary.

Each of the 29 polling places must be staffed by four elections inspectors, two Democrats and two Republicans, plus there is the cost of moving and setting up the machines. 

The only other primary Sept. 13 is for Batavia Town Board, which requires three polling places.

Siebert told legislators that a 100-voter turnout for the conservative primary would be a good turn out.

"You can do the math," Seibert said. "That would be $280 per voter."

Outside, Siebert said the last time there was a conservative primary in Genesee County, for treasurer, turnout was very low.

"Personally, I think we'll be lucky to have 100 come out," Siebert said.

Even so, Siebert said, the Conservatives have every right to go to the polling place and decide who should represent them.

"This is the American way," Siebert said. "They represent people in their districts as committeemen and they have a right to be on the ballot. We could have the same thing in our own parties (Republican and Democrat). If somebody wanted to challenge a committeeman, we could have a primary."

Munger said he regrets the expense for county taxpayers.

"I wish we didn’t have the primary," Munger said. "We in Genesee County don't want one, but it appears we're going to have one. We have our slate and we're expecting to go out and win."

A motor vehicle accident is reported on Route 33 in Bergen. Bergen Fire Police are asked to shut down traffic at Route 33 and School Road, and Route 33 at West Bergen Road. Mercy medics and the Bergen Fire Department are also responding.

UPDATE 3:31 p.m.: This accident involved a tractor-trailer from Ontario, Canada, and it tore down some power lines, which National Grid is working to repair.

UPDATE 3:44 p.m.: The roadway is reopened.

A motor vehicle accident with injuries is reported at Route 20 and Perry Road. Pavilion Fire Department and Mercy medics are responding. A flatbed tow is requested for a 2006 Toyota Corolla with front-end damage.

Following a multi-agency, months-long investigation, a 53-year-old woman in Pembroke has been arrested and charged with possession of a sexual performance of a child.

Beverly Hensel, of Allegheny Road, is accused of possessing child pornography from January 2008 until December 2009.

Hensel was arraigned in Town of Pembroke Court today.

Det. Kevin Czora said Batavia PD became the lead agency because the investigation originated with a different suspect in the city, but as the investigation progressed detectives connected the case to Hansel.

The pornography allegedly possessed by Hansel was obtained over the Internet, Czora said, and Hansel did not know any of the subjects in the material.

During the execution of a search warrant at the Hansel residence Aug. 15, weapons were reportedly found and Frederick Hensel Jr. is being charged with four counts of criminal possession of a weapon.

Batavia PD detectives led the investigation with assistance from the U.S. Secret Service, Tonawanda PD, the Genesee County Sheriff's Office and the Local Drug Enforcement Task Force.

Chad Zambito, an appointed Town of Batavia board member and candidate for the GOP nomination for that seat, expected the assets of his former laundromat to sell for somewhere close to $30,000.

The actual highest bid on Tuesday, in an auction conducted by the Bank of Castile, was $3,500.

That's enough to cover Zambito's debt to the bank, but he still owes more than $14,000 to the Batavia Development Corporation, which provided Zambito with a low-interest loan in 2010 to finance upgrades to the laundromat.

This morning, Zambito issued the following statement:

I continue to work towards resolving the issues related to the closing of my business and intend to meet with the BDC board to resolve any outstanding issues. I have started the Chapter 13 process which in the short term will provide me 60-90 days to get my finances in order. If I complete the process, the result would be a court ordered and monitored five-year repayment plan. 

Grammy's Laundry closed earlier this year and Zambito said much of the business's difficulties stemmed from a plumbing problem in the mall where Grammy's was located. He said the business never recovered from the set back.

A former laundromat owner who observed Tuesday's auction said just one of the high capacity dryers at Grammy's retails new for about $3,500. There was some 40 or so washers and dryers, some in apparent disrepair, in the facility. The buyer is an out-of-county laundry owner who reportedly plans to remove all the machines and take them to another of his laundromats.

Zambito's GOP primary opponent is John Gerace, who held the office for nearly a decade before resigning in April after a Town of Batavia Fire Department awards and installation dinner where Gerace reportedly had some sort of confrontation with Supervisor Greg Post.

Here are the winners from Monday's Labor Day parade in Oakfield.

Fire Department Trucks
1st Place – Oakfield Tanker 73
2nd Place – Byron Grass & Brush 37
3rd Place – East Pembroke Grass & Brush 60

Performance Groups
1st Place – Alexander Fire Department Marching Band
2nd Place – Akron Tigers Marching Band
3rd Place – Oakfield-Alabama Central School Marching Band

Floats
1st Place – Oakfield Historical Society
2nd Place – Haxton Memorial Library
3rd Place – GAHA – Batavia Ramparts Hockey
Honorable Mention – Bennett Avenue Preschool
Honorable Mention – Oakfield Boy Scouts Troop #19

Judges Choice Grand Prize Award – B&J School of Dance

Jason W. Spencer, 26, last known address, 4 Lincoln Ave., Le Roy, is charged with grand larceny, 3rd. Spencer was arrested following an investigation by the Le Roy PD that started in February. He is accused of stealing more than $3,000 from an acquaintance from Nov. 30 to Feb. 29.

Jason Anthony Ostune, 20, of Scott Avenue, Syracuse, is charged with criminal trespass, 2nd, and harassment, 2nd. Ostune was arrested by the DeWitt PD on a warrant out of Town of Batavia Court on the listed charges. He was turned over to the Sheriff's Office, arraigned and jailed on $500 bail.

The green heron pictured above appears to be doing its hunting in a grassy field but that is probably not the case. Never one to venture far from their favored haunts, the small stream barely visible behind the heron is probably where it was hunting before being disturbed.

After taking flight, the heron flew only a short distance before coming to rest on some dead branches.

Dead tree limbs overlooking marshy confines and surrounded by thick brush or cattails makes for a preferred hunting location for the green heron.

The heron has something in its sights and begin to crane its neck forward.

Its neck fully extended, the green heron is on full alert.

Great blue herons, along with great white herons, are the largest of the heron family. Mostly seen wading the edges of small streams and marshes, this great blue heron opted for an aerial view from a dead tree.  

This is the marsh bordering the hedgerow of dead timber where the heron is situated. Whether he's simply resting or watching for prey, it has a great view of its wetland haunt.

Ever vigilant, the great blue looks to the west...

before looking to the east...

with nothing in sight, it takes a moment for a bit of preening.

There may be some opposition in Pembroke to placing a veterans cemetery on one of two parcels in the town, according to Bill Joyce, the new veterans services administrator for the county.

Joyce raised the issue with the Public Service Committee today during his first departmental review with the Genesee County Legislature.

He said the Town of Pembroke Planning Board may have some members concerned about taking farm land off the tax roles.

Pembroke Town Supervisor Ed Mileham confirmed this evening that he thinks there may be some opposition to converting farmland to a veterans cemetery, but said the issue hasn't come before the planning board yet.

"There's no doubt in my mind there could be some opposition because Pembroke is a farming community and they like their farm atmosphere here," Mileham said.

There's also likely to be support for the project because it will benefit the community, Mileham said.

"It would be something no other community got and we would be fortunate to get it," Mileham said. "Would we have to give something up, would we give up some tax dollars for it? Sure, but it's something a lot of communities would want to have and we've got good spots right here."

The advantages for Pembroke, Mileham said is attractive properties, close proximity to Buffalo and Rochester and easy access to the Thruway.

These are points in Pembroke's favor that Joyce, a Pembroke resident, also made and said the two locations in Pembroke under consideration make more sense than the location on the short list in Erie County, which is an industrial area.

"To me, not just because it's Genesee County, a veterans cemetary should be peaceful and serene," Joyce said.

Added Legislator Mary Pat Hancock, "and the locations I've seen are just gorgeous."

Mileham said the two locations in Pembroke under consideration by the Veterans Administration are at Indian Falls Road and Route 77, about 135 acres, and a similar-sized location at the end of Cleveland Road. 

About 50 or 60 acres of farmland would be taken out of production for the project, Mileham said.

The supervisor said the indications he's received from officials with the VA working out of Bath -- currently the closest vets cemetery to Buffalo and Rochester -- are that Indian Falls and Route 77 is a favored location.

County Manager Jay Gsell told legislators that the short list of sites has changed a couple of times as the VA came across unwilling sellers, inappropriate locations or environmental issues. Site planning experts with the VA have reduced the list now to these three possible locations.

It will take willing sellers at any one of the three locations to move the project forward.

As it is, construction is at least two-and-a-half years away.

The deluge of rain has flooded roadways and drainage pipes causing driving hazards and other problems.

There are reports of flooding on Route 5 and Gilbert Street, Route 19 and Hilltop, Route 19 and Wolcott in Le Roy.

In the city, Watson and Thorpe are flooded again, about six to eight inches of water as the storm wound down. The basement of 14 Watson St. flooded again. Watson and Evans was also flooded.

We'll add more info as we get it.

UPDATE 3:50 p.m.: According to the National Weather Service, it's about 72 degrees out with humidity of 87 percent. More showers and possibly a thunderstorm are predicted until midnight, with showers forecast thereafter. Route 5 is reopened.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Thursday, Sept. 6, at approximately 9 a.m. to 3 p.m. in the general area south of East Main Street and east of Jackson Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.