It could be they were staging for an autumn migration, but whatever the reason, upwards of three dozen great egrets had gathered in one area of the Tonawanda Wildlife Management Area last Friday.

The egrets took a liking to this narrow strip of water, all but hidden by a large expanse of cattails. At a distance, the egrets are barely discernable, appearing as tiny white dots on the water in the middle of the photo.  

Evidently the location teemed with one or both of the egret's favorite food sources - small fish and frogs.

Judging from the movement of the large wading birds...

it would seem there was an ample supply of food in all directions.

Not far away, east of Route 77, dabbling ducks were having a feast of their own in Mohawk Pool on the Iroquois National Wildlife Refuge. Mallards, pintails, green- and blue-winged teal, and widgeon were on hand for an aquatic feed.

The food supply must have been both tasty and plentiful because the ducks seemed more intent on eating than breathing - no matter where you looked, the ducks' heads were submerged..........that little fella on the right was one of the few exceptions (maybe he was full). 

It was a good morning, the next to last day of summer and capped off with this egret on the fly. 

State Police have been advised to be on the lookout for two white males who may be in the Genesee County area in an allegedly stolen vehicle with the intention of robbing a farm.

One of the suspects reportedly told a witness a week ago that if law enforcement interfered with his plans he would lead them on a high speed chase and exchange gunfire.

The subject, identified as Robert Jones, was seen at the time with a shotgun.

The other subject was identified as Benjamin W. Muntz, who has resided in Basom and Oakfield.

A warrant was issued for the arrest of Muntz on March 27 when he failed to appear in county court for sentencing on his burglary, 3rd, and grand larceny, 4th, convictions.

That warrant and one other from Genesee County are still active for Muntz.

The duo is allegedly in a stolen gold Ford Focus with a decal in the back window of an unknown cartoon character holding a cross.

The original officer advisory was issued by authorities in Fayetteville, Ark.

Law enforcement is advised that if the two men are located to use extreme caution.

Citizens should not approach the subjects if spotted but call 9-1-1 immediately.

A 26-year-old woman who recently relocated from Florida to Le Roy was arrested today, accused of stealing a purse from a local business and then using debit and credit cards to make purchases at local stores.

Maria A. Matos was taken into custody after an employee of a retail store in Le Roy became suspicious of a woman who was carrying multiple credit and debit cards and so contacted authorities.

The employee said the woman left in a local taxi and Le Roy PD began a search for the cab.

When located on Route 5 in Stafford, the taxi had no passenger and the driver said he had dropped off a woman at a business on Lake Street because she admitted she didn't have cash for the fare.

That led police to the residence of Matos, who was staying in a boarding house on Lake Street.

According to Le Roy PD, Matos was allegedly found in possession of two stolen credit cards and the identification of a Medina resident.

Numerous items purchased with the allegedly stolen cards were also found in the room.

About this time, Batavia PD received a report of a purse being stolen from an office in Batavia.

Police accuse Matos of allegedly stealing the purse and then securing a taxi ride to Le Roy, where she used the stolen credit cards.

Matos was arraigned on two counts of criminal possession of stolen property, two counts of identity theft, two counts of unlawful possession of personal identification, two counts of petit larceny and one count of theft of services (for allegedly not paying for taxi fare).

Following arraignment, Matos was jailed on $2,500 bail.

Further charges are pending in Batavia.

A 24-year-old Batavia man is accused of violently assaulting an 8-month-old baby, causing head injuries.

Randy Johnson, of Walnut Street, Batavia, is charged with three counts of reckless assault of a child.

According to Det. Kevin Czora, Batavia PD opened an investigation after a child was transported to Women's and Children's Hospital in Buffalo and treated for seizures that were believed caused by brain injuries.

The injuries are not believed to be permanent.

Johnson is accused of inflicting the injuries over a period of several weeks.

The child was released from the hospital and is now in the custody and care of Child Protective Services.

Johnson was released under supervision of Genesee Justice.

He was able to get himself into a garage and later help another man escape jail, and now he's going to be locked away for five to seven years.

Paul J. Doctor, who entered guilty pleas Aug. 2 to attempted burglary, 2nd, and escape, 1st, will serve five years on the first charge and three-and-a-half to seven years on the second.

He will serve the sentences concurrently, Judge Robert C. Noonan ruled this afternoon.

Doctor, 34, and a resident of 20 Maple St., Batavia, at the time of his arrest, was accused in February of breaking into a garage and residence on Jackson Street and stealing appliances.

By May, he was a wanted man, accused of violating the terms of his release under supervision.

Besides pleading guilty to the burglary charge, Doctor also admitted that he helped an inmate escape from the Genesee County Jail in July.

Charges are still pending against 22-year-old John Anthony Cabrera, who is accused of a handful of local church burglaries over the summer.

Cabrera allegedly climbed through the jail building, after getting a boost from Doctor into the ceiling area, and into the basement. Cabrera reportedly managed to get out of the jail area -- constituting escape -- but never made it out of the building at 14 Main St.

Once out of jail in five to seven years, Doctor will be on parole for five years.

Be advised that the portion of Old Creek Road between Creek Road and Peaviner Road in Alexander will be closed for about two weeks, weather permitting, for culvert and bridge replacement so it can be resurfaced. (Corrected based on information from a county employee. The Genesee County Emergency Dispatch Center provided the correct information. This was our error.)

A proposed local law to change how voting is done regarding zoning amendments is the subject of a public hearing tonight at the meeting of the Village of Le Roy Board of Trustees.

No vote will be made this evening on the proposed legal change, but public input is sought and encouraged. The meeting is at 7 in the Village Hall at 3 W. Main St.

Called "Proposed Local Law #4 of 2012," it would amend Chapter 215 of the Village Zoning Code, sections 215-18, by adding a new subsection -- "F."

This addition would make it possible for a simple majority of the board of trustees, rather than a super majority (4/5), to approve a planned unit development (PUD) and the land use regulations, restrictions, zoning, boundaries, etc., pertaining to it.

Also, a simple majority vote in favor would "adopt and enact" the zoning changes regardless of whether the proposal has been the subject of a protest petition signed by 20 percent of the affected nearby property owners.

Of course, this proposal is directly related to the controversial Robbins Nest project -- contractor and lifelong Le Royan Pete McQuillen's plan to build 26 "patio homes" for people 55 and older on 13.1 acres east of Robbins Road and south of Filmore Street. His plans are not popular with many residents near the Robbins Nest site, who have signed a petition against PUD zoning. Others welcome the idea because, if built, it would help boost the tax base for sorely needed public services.

But to accommodate it, PUD zoning -- which is not currently in the village code -- would need to be approved, in order to establish a homeowners' association, walking trails and to permit the developer to retain ownership of the land but not the houses, among other particulars.

The proposed subsection was prompted by the voluntary abstentions of two of the board's five village trustees -- Robert Taylor and Michael Tucci. Both cite personal conflicts of interest. The village lawyer says it's entirely their prerogative to do so. Thus, there is no way under current configurations to vote on McQuillen's plans.

In the written legal proposal, the "legislative findings" of the village board, noted before the language of Subsection F, say that:

From time to time the board receives applications to amend, modify or take action on Chapter 215 of the zoning code. And "being a small village...members may often find themselves in situations where their business, social and/or family relationships present conflicts" that make it necessary or advisable to recuse themselves from voting on certain proposals.

And that the state Constitution and Municipal Home Rule Law provide separate legislative authority to adopt zoning laws, rules and regulations and the village board "finds it advisable to provide an alternate means of dealing with zoning law changes."

Subsection F itself reads as follows:

Pursuant to the New York State Constitution Article IX (2)(b)(3) and the New York State Municipal Home Rule Law (10)(1)(ii)(e)(3), that any land use regulation, restriction or zoning district classification or boundary, or any application for the designation or siting of a planned unit development, whether applied for or proposed pursuant to this Local Law or Chapter 215 of the Village Code of the Village of Le Roy, may be adopted, amended, sited, changed, modified or repealed by the said Village Board by adoption of a local law, and such local law shall be deemed to have been approved and adopted by a favorable vote of a simple majority of the entire Village Board, and shall then take full force and effect as provided in the State Law, regardless of whether or not the same has been the subject of a protest petition signed by the owners of twenty per centum or more, either of the area of the land included in or affected by such action, or of that directly opposite thereto extending one hundred feet therefrom, or of that directly opposite thereto extending one hundred feet from the street frontage of such opposite land, or any similar protest or petition.

Press release:

State Senator Michael H. Ranzenhofer has announced the New York State Department of Transportation (NYSDOT) will be increasing the crosswalk signal time by 20 percent for pedestrians at the intersection of Route 5 and Ross Street in Batavia.

Senator Ranzenhofer requested the NYSDOT to conduct a study late last year.

“After receiving complaints that the time allotted by the signal had been too short – especially for residents at a nearby senior housing facility – to walk across a multi-lane road safely, I requested the State Department of Transportation determine essential improvements for the intersection,” Ranzenhofer said.

After further review, NYSDOT informed Senator Ranzenhofer that it has decided to implement numerous actions:

• Increase the crosswalk signal time by 20 percent
• Repair two of the four countdown timers
• Replace missing informational signs

“I am pleased the Department of Transportation will be taking action to make this crossing safer for residents. Without these necessary improvements, this intersection would continue to pose a danger to the many walkers and residents at a nearby senior housing facility who utilize this crosswalk,” Ranzenhofer said.

A two-car accident with one car hitting a pole is reported in the area of 122 Bank St., Batavia.

There are possible injuries.

City fire and Mercy EMS responding.

SUBMITTED by Kathie Scott, coordinator of public information, Batavia city schools

“Like Us” on Facebook, and Respond to Survey
Public Relations Committee Chair Patrick Burk reported that the committee continues to explore cost-effective ways to increase coverage of district news and accomplishments, with both the amount of news and the methods of delivery being expanded.

A survey has been posted to the Web site ( http://www.bataviacsd.org/news.cfm?story=958&school=0), will be sent home in school newsletters, and will be inside the district newsletter in order to solicit input from the full spectrum of community members about their preferences regarding district communications. The committee is exploring the use of college interns as well as BHS students as a means to expand its capabilities for covering positive news.

The district launched a Facebook page (http://www.facebook.com/BataviaCitySchools)  in time for Homecoming and has been encouraging students, particularly those involved with the BHS yearbook and those taking media courses, to become involved in providing pictures and short news items for it. The page will also serve as a feeder that leads back to more detailed information on our Web site.

Also carrying the Homecoming theme, Board Member Gretchen DiFante interviewed two teachers who are BHS alumni -- Physical Education teacher and Varsity Football Coach Brennan Briggs and Science teacher Elena Chmielowiec -- for their stories about graduation from and returning to BHS. That article is posted on our Web site (http://www.bataviacsd.org/news.cfm?story=954)  as well as online with www.thebatavian.com and thedailynewsonline.com

Superintendent of Schools Margaret Puzio, who has been an active member of the committee, added that BHS teachers have responded enthusiastically to the idea of incorporating some publicity-related “real life” experiences into their lessons by having students photograph and write about events. She also said she has been keeping the Management Team informed of the PR Committee’s initiatives and all are excited about the possibilities.

BHS Homecoming in Full Swing
Student Ex-officio Board Member Kaitlin Logsdon updated the board members on the activities at the high school, including activities for Homecoming Week, Sept. 24-28. (http://www.bataviacsd.org/news.cfm?story=951&school=0 ), and athletic updates, including the boys’ cross-country team coming in first last weekend, gymnastics team coming in second in its last competition, and the swim team winning its first meet of the season. In addition, organizations such as honor societies have begun meeting and planning their events for the year.     

More after the jump (click on the headline):

New Inductees for Athletic Hall of Fame
Superintendent of Schools Margaret Puzio announced the upcoming Athletic Hall of Fame Induction, one of the featured events of Homecoming. This will be the 11th Annual Batavia Blue Devil Athletic Hall of Fame induction and this year’s honorees include William J. Walters (Class of 1923); Patrick Marabella (Class of 1957); Sue Medley (Class of 1982); Wendy Folger (Class of 1969); Robert Thurston (Class of 1985); and Philip Grazioplene (Class of 1987). Inductees will be announced during halftime at the Homecoming football game and will be formally inducted the following night at a dinner in their honor.

Improvement Plan for Focus School
As noted at a previous board meeting by Superintendent Puzio, the district did not meet New York State’s proficiency benchmarks for one subgroup of students. As a result, it has been identified as a Focus District, and is required to choose at least one school on which to focus efforts toward improvement for this subgroup.

Because the middle school has the greatest number of students in the specified subgroup, it was chosen as the Focus School. The district must assemble a school improvement committee to develop a plan that identifies areas of need as well as programs and activities to help increase student achievement.

It’s important to note that the data used for the determination dates back to the 2010-2011 school year and if data from 2011-2012 had been used, the district would have made the target cut points. So while the district is responsible for submitting a Comprehensive Improvement Plan to the state, many of the strategies and plans are already under way and yielding positive results. In addition, Deputy Superintendent Chris Dailey will attend a training in Albany that will focus on what the state requires.

Annual Professional Performance Review (APPR) Update
Deputy Superintendent Chris Dailey announced that the Batavia Teachers Association voted to support the APPR that the district has been working on for approximately two years.

The nearly unanimous support may be a reflection of the APPR committee’s thorough research of what other districts were doing as well as their solicitation of a broad base of input from our own district teachers throughout the process of creating the plan. The next step is to formally present the final draft to the Board of Education at the Oct. 9 meeting for its approval then begin implementing it. Dailey believes the plan will be a model for other districts to follow.

Dignity for All Students Act
Jamie Polhamus, an instructional support specialist for the district and the district’s School Dignity Act coordinator provided an overview of The New York State Dignity for All Students Act, (familiarly known as “The Dignity Act”)  its purpose, and what it means for our district.

The Dignity Act is a New York State Educational Law that became effective July 1. The purposes of the legislation are:

• To raise awareness and sensitivity to potential acts of discrimination and/or harassment directed at students that are committed by students and/or school employees on school property or at a school function;
• Raise awareness of discrimination and/or harassment based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex;
• To discourage and respond to incidents of discrimination and/or harassment.

The Dignity Act’s underlying premise is that preventative and non-punitive intervention, in response to incidents of discrimination and/or harassment, is the best way to achieve school environments free from harassment and discrimination.

Schools are encouraged to use a variety of intervention measures to address discrimination and/or harassment, including restorative practices, conflict resolution, peer-mediation, and counseling, rather than over-relying on exclusionary methods of discipline, such as suspension.

The district has already implemented initiatives and staff training that are in line with The Dignity Act and will continue to utilize programs already in place such as PBIS (Positive Behaviorial Interventions and Supports) and the Olweus Bullying Prevention Program.

In addition, Dignity Act coordinators have attended a full-day workshop and have presented the additional information to all staff and all students, adapting the presentation as was befitting for each group.

The district’s Code of Conduct has been updated, as has been the information on the Web site regarding Dignity Act information/resources. Documentation if incidents occur will be handled using a system that had been recently implemented, although some modifications may be made in the future.

Coming up next, building newsletters will include information on the Dignity Act, coordinators will attend another training session this fall then update staff, and counselors will develop grade-appropriate student lessons to be presented district-wide.      

Financial Summary Report
Business Administrator Scott Rozanski reported on the July 2012 revenue and expenses for the district, reviewing them in comparison to the July 2011 figures.  

Recorded revenues were down by nearly $35,000, primarily in the non-property tax items category (utility tax). The utility tax, as has often been reported, experiences regular fluctuations, particularly early in the year. Expenses were also down. The decrease of approximately $20,500 is primarily due to the timing of billing cycles, particularly in this instance in regard to payment of general liability insurance premiums.

Auditors Review Financial Statements
Audit Committee Chair Phil Ricci reported that the committee met with the auditors to review financial statements from the last fiscal year and, noting that the auditors had only minor comments, he commended Business Administrator Scott Rozanski and the Business Office staff for their work. 

Administration Building Offices Will Move
Buildings and Grounds Committee Chair Amy Barone reported to the board that, at its last meeting, the committee discussed the public vote to sell the Administration Building and the resulting plans for relocating offices that are currently housed in that building, particularly the IT department.

They also reviewed the Building Condition Survey and the Roof Report for the roof of the Richmond Memorial Library. Roof work would be a capital project and, as such, would require voter approval. They also continue to work on the leasing of Robert Morris, and currently have two potential tenants.

An assault at Batavia High School this afternoon sent one teenager to UMMC for undisclosed injuries and/or an evaluation. The person was later released from the hospital. No furthers details are available. Police responded and will be filing a report.

Kids are reportedly partying by the State Street maintenance entrance to the New York School for the Blind, and officials there called dispatch to report it. City police are responding.

A larceny was reported at the Salvation Army Store on Jackson Street in the City of Batavia. Police are in the process of taking a report.

After striking a vehicle, two white male pedestrians ran from the scene, according to person in the parking lot of Walgreen's in Le Roy who called dispatch. The two males reportedly ran into traffic and struck the vehicle, words were exchanged between them and the driver, and they ran. This was in the area of Mill and Bacon streets and they were last seen running down Bacon Street.

The only other description is that one of them is wearing a long-sleeved black shirt and blue jeans. Le Roy police are on scene.

UPDATE 3:03 p.m.: Prior to this incident the suspects were seen inside the Sugar Creek convenience store and officers are checking there for possible IDs.

UPDATE 3:11 p.m.: Police are back in service. There was no report made.

A shed fire is reported at 6335 Telephone Road. It is near a structure. Pavilion and Le Roy fire departments are responding. The location is between Ellicott Street Road and Transit Road. A power line is running nearby and National Grid is notified. The roadway will be closed.

UPDATE 2:04 p.m.: "There's a lot of heavy black smoke," says a responder. A second alarm crew is called to stand by in quarters but the fire has almost burned itself out.

UPDATE 2:07 p.m.: A utility pole and power line are "involved."

UPDATE 2:09 p.m.: The city's Fast Team was called but is put back in service. Transit Road will be closed at Telephone Road.

UPDATE 2:11 p.m.: The second-alarm crew is told to stand down.

UPDATE 2:14 p.m.: "We're gonna have it knocked down in a minute," says the commander. They are going to apply foam soon.

UPDATE 2:19 p.m.: "The fire is under control."

UPDATE 3:10 p.m.: The eastbound lane is reopened.

UPDATE 3:17 p.m. The road's open, assignment back in service.

A structure fire is reported at 4635 N. Byron Road. The location is between Oak Orchard and Miller roads. Elba Fire Department is responding.

UPDATE 1:12 p.m.: Law enforcement on location reports heavy smoke in the basement. The building is evacuated. "Sounds like wires are sizzling. I can't get in far enough to see." A second alarm is called.

UPDATE 1:15 p.m.: Equipment and manpower are called in from the Town of Batavia, Stafford, South Byron, Byron and Oakfield fire departments.

UPDATE 1:16 p.m.: All available manpower out of Elba is called in. National Grid called to respond. Fire police will shut down North Byron Road at Oak Orchard and at Miller. Mutual aid from Barre is requested for stand by.

UPDATE 1:22: The gas has been shut off. National grid is on scene. Mercy EMS is called to care for a person who is suffering from smoke inhalation.

UPDATE 1:25 p.m.: The interior crew reports the fire is under control. It is a dryer fire.

UPDATE 1:26 p.m.: The units on the road are told to continue, non-emergency, and those which have not yet responded are asked to stand down by fire command. Electricity is also shut off. A thermal imaging camera will be used on the structure.

UPDATE 1:35 p.m.: The Elba fire commander says he expects he will be releasing responders soon. They have enough water at the scene. The firefighters will begin to remove burnt debris now.

UPDATE 1:48 p.m.: A code enforcement officer is called to the scene. The homeowner is there now.

A Batavia woman, convicted of drunk driving and parole violation, may be able to avoid state prison under a new multifaceted program.

Twenty-six-year-old Michelle Crawford appeared in Genesee County Court this morning. She was to have been sentenced for violating her probation following an accident in Byron.

She was also convicted of misdemeanor DUI charge in Erie County last March.

During her court appearance this morning, Judge Robert Noonan told Crawford that nothing other than state prison was appropriate in her case.

However, Noonan agreed to go along with a new program that allows Crawford to serve an interim probation involving in-patient alcohol treatment and supervision. It will also require that she wear a bracelet capable of detecting alcohol consumption.

Upon completing the program, Noonan said, Crawford may be able to avoid state prison.

The case was adjourned until Oct. 16 to allow her lawyer to set up the program, which is administered through the Buffalo City Court.