Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently joined a number of his Assembly colleagues, requesting that the governor petition the federal government to make a federal disaster declaration for much of New York’s farming community. Due to the unanticipated early thaw in March and April that was followed by an extended frost period, many fruit crops in Western New York have been irreparably damaged. Statewide data collected by the Federal Farm Agency indicates that losses already meet the threshold for disaster assistance in many areas.

“Fruit crops in Western New York, and throughout the state, have been decimated by this year’s bizarre and destructive weather,” Hawley said. “Farmers who rely on the sale of grapes, apples, sour cherries, peaches, apricots and strawberries now have their livelihood hanging in the balance. Helping our farmers in this time of need is precisely what federal disaster funding was created for, and I sincerely hope the governor will petition the federal government to do right by New York’s agricultural industry.”

During some of the darkest days of the Civil War, President Abraham Lincoln wondered why agriculture, such a vital industry to the well being of the nation, was represented in the federal government by only a clerk.

At his prompting, Congress created the U.S. Department of Agriculture and 150 years ago today, the USDA was born.

The USDA now handles a wide variety of rural issues and is the primary conduit for a rural voice in the federal government. The USDA has a significant presence in Genesee County through its office on Liberty Street.

Local USDA staff celebrated the anniversary -- as USDA offices all over the nation did -- with cake, cookies and punch.

Photo submitted by David M. Klafehn.

An out-of-town auto dealer, or possibly BJ's Wholesale Club, where a "blowout event" was held in Batavia last week, is under investigation by the NYS Department of Motor Vehicles, according to a spokeswoman for the DMV.

Jackie McGinnis said she can't discuss the details of an "active case."

A spokeswoman for the Attorney General's Office said there are certainly laws governing how such sales are conducted, but referred further inquiries to the DMV, saying she couldn't comment on an active case.

More than a week ago, some 50,000 mail pieces were sent to homes in the GLOW region advertising a "Blowout Event at BJ's Wholesale Club."

The mailer potentially violated NYS law on dealership advertising, since the name of the dealer is not apparently printed on the mailer.

The dealer conducting the sale was reportedly Ideal Nissan out of Rochester.

Ideal has not responded to a request for an interview and a spokeswoman for BJ's referred questions to Ideal.

The eight-page mailer is covered on every page with BJ's logo and mentions BJ's directly or indirectly more than 30 times, but there's no mention we could find of Ideal Nissan or any other dealer.

The DMV would not confirm BJ's dealership status, if any.

Without further information from the DMV, the exact nature of the investigation is unclear, but state law clearly states that dealers must include their dealership name or identification number on advertising pieces.

The promotional piece promises customers the chance to win numerous prizes, including BJ's gift cards. The promoted grand prize was two vehicles or $100,000 cash. The odds of winning the prize are listed at 1 in 5 million.

The contest rules do reference a "dealer or event coordinator," saying the companies are not responsible for any "lost, late, copied or misdirected prize piece" but doesn't say who the dealer or event coordinator is.

Interestingly, the companies behind the promotion have an easy out for awarding any prizes with the rule, "Typos void all prizes," without defining where those typos might or might not appear.

Local dealers said they found the mailer deceptive and noted customers don't usually save any money going through these "gypsy" dealerships.

Temporary dealers have tremendous overhead, local dealers noted, from spending a dollar or more for each of the mailers sent out -- meaning, Ideal Nissan, or its agent, may have spent more than $50,000 promoting its sale -- plus the cost of bringing in commissioned sales reps from all over the country to conduct the sale.

Those kinds of expenses means the gypsy dealer needs to sell a lot of cars or have very high margins on each vehicle sold just to break even.

 "I don't think local dealers are selling vehicles for any more, and probably for less, than what's being sold on a transient or gypsy basis," said Ken Barrett, owner of Barrett Chevrolet and Cadillac. "We want to take care of our customers and our neighbors. It's our responsibility to provide the best price and best value."

Dealers we spoke with were uniformly bothered by the gypsy lot popping up in the Town of Batavia, with some questioning how Ideal Nissan could have received approval for the temporary dealership and all expressing concern that local customers will be buying cars without local sales and service standing behind the products.

"These are traveling sales reps," said Guy Pellegrino of Pellegrino Auto Sales. "They hit you hard to make the deal and say, 'see you later.' You'll never see these guys again."

Greg Strauss, co-owner of Castilone Chrystler Dodge and Jeep said some customers coming into his store, including ones who made a purchase at BJ's, were confused after talking with sales reps at the sale. He said some customers walked away with the impression that Castilone and other local dealers were involved in the sale.

"The sales reps aren't even from New York in most cases," Strauss said. "What concerns me is that people are getting taken advantage of and then they're gone."

Steve Castilone said that while local dealers all believe in free enterprise and don't begrudge fair competition, they are naturally concerned about losing business to gypsy dealers who not only don't provide the same level of service as a local dealer, but also aren't paying local property taxes or otherwise supporting the local community.

"Local dealers benefit the community," Castilone said. "They donate to baseball, to football, to hockey and community events. (The gypsy dealers) don't do anything for the community."

Every dealer we spoke with expressed concern for how customers are treated after the sale from a gypsy dealer.

While a manager at the BJ's lot on Thursday said customers are provided an 800 number to call if they're are problems, and that Ideal has service centers in Buffalo and Rochester, the local dealers questioned whether that's really providing ideal customer service.

"Normally, when a vehicle breaks down, it's never in a situation where a customer says, 'I've got an extra couple of hours to take in the vehicle to have it fixed, if it's drivable at all," Barrett said.

"There's a reason," he added, "there are local dealers -- not so much for the sales aspect of it, but to stand behind the customer and the sale. That's the real value for the customer and the consumer."

Several dealers wondered how the Town of Batavia could have approved the dealership at BJs, but Town Supervisor Greg Post said the hands of the town are pretty much tied in such situations.

Post acknowledged that there was a breakdown in communication in the approval process that led to a temporary use permit not being reviewed by the town planning board, but even if the review had taken place, the permit probably would have been issued.

"I don't have any authority, any way or means not to allow it to happen," Post said.

Post noted that the town's master plan is up for review in six weeks and how to deal with such temporary use permits in the future will be a subject for discussion. He invited any local business owners who want to provide input on such regulations to get involved in the planning process.

A two-car accident, believed to be with injuries, is reported at Transit and Bridge roads. Elba Fire Department and Mercy medics are responding.

UPDATE 11:30 a.m.: A responder on scene reports injuries are minor.

UPDATE 11:36 a.m.: A second ambulance is requested to the scene, non-emergency mode.

UPDATE 11:51 a.m.: A third ambulance is called in, also in non-emergency mode.

UPDATE 11:54 a.m.: The address is determined be "right at the intersection" -- 6050 Transit Road.

UPDATE 12:07 p.m.: All Elba units are back in service. The northbound lane will reopen after a tow and third ambulance leave the scene. So far, two patients are being transported to UMMC.

UPDATE 12:12 p.m.: The roadway is reopened. One patient is a 16-year-old female driver who was ambulatory at the scene and is being taken to the hospital for evaluation. The driver of the other car is a 38-year-old woman, who, along with a 4-year-old boy passenger, are being taken to the hospital with minor aches and pains.

A large grass fire is reported in the area of 7921 E. Main Road, Le Roy, behind the old Le Roy Machine location.

Le Roy Fire Department and ambulance responding.

UPDATE 11:20 a.m.: It's a rubbish fire on the west side of the building. A chief notes the no open burn regulation is in effect for one more day.

UPDATE 11:26 a.m.: The fire is not near a field nor a building. The owner is tending to it and the burn is on a concrete surface. Le Roy fIre is back in service.

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It was a beautiful morning and on the spur of the moment, I decided to drop in on the Batavia Wastewater Treatment Plant and take some pictures of birds at the facility. Here are six shots from this morning.

Previously: Batavia Wastewater Treatment Plant, one of city's hidden treasures

A 24-year-old Corfu resident was charged with drunken driving following an accident on Indian Falls Road, Pembroke, this afternoon that sent both himself and the other driver to the hospital.

Timothy D. Largey, of Phelps Road, Corfu, was reportedly on Cleveland Road when he stopped his 2000 Dodge SUV at the intersection of Cleveland and Indian Falls roads.

Largey then allegedly proceeded into the intersection and his car was struck by a 2002 pickup driven by Jeffrey C. McGiveron, 49, of Phelps Road, Basom.

Both drivers were transported to UMMC by Mercy EMS.

Largey was also cited for alleged failure to yield.

The accident was investigated by Sgt. Greg Walker. Deputy Howard Carlson made the DWI arrest.

(Intial report)

The Batavia City Council will take up the issue of downtown parking, especially overnight parking, at its next conference meeting, probably May 29.

Downtown business owner Jerry Condello spoke Monday night during the public comments section of the council meeting and spoke out against overnight parking enforcement.

That prompted Councilwoman Rose Mary Christian to ask for the issue to be brought to the council for a full discussion.

Condello brought up issues about employees parking after the closing of businesses at 2 a.m. or before they open at 6 a.m., and the issue of responsible drivers electing not to drive after drinking and hence leaving their cars in a city parking lot.

City Manager Jason Molino said the Batavia PD isn't simply writing a ticket for every car found in a city lot between 2 a.m. and 6 a.m., but they're using discretion, looking for repeat offenders who haven't gotten an overnight parking pass.

He said keeping the parking lots clear wasn't just about snow removal, or even keeping RV and truck traffic out -- which can easily go to Walmart -- but also parking lot cleanup by sweepers overnight.

He said if somebody who has been drinking at a downtown bar and decides not to drive home but still gets a ticket has ample opportunity to appeal the ticket.

Condello said he hopes there's a big turn out at the May 29 council meeting in order to bring more pressure on the council to change the rules.

A C-41 aircraft will fly directly over Main Street, Batavia, on Memorial Day, May 28, Councilwoman Rose Mary Christian told the city council on Monday night.

The flight to kickoff the Memorial Day parade was arranged by former council member Bob Bialkowski, Christian said.

The grand marshall for the parade, she said will be former NYS Assembly member, and father of Batavia's current Assembly representative, Stephen Hawley.

The parade will start at 10 a.m. in the Eastown Plaza.

When county legislators went looking for ways to cut expenses in 2012, they asked several department heads to target certain percentages of cost reductions.

Gary Horton, public defender, needed to trim 10 percent from his budget.

That meant ending one of the services his office provides, he said. He couldn't cut criminal defense, and he couldn't reduce family court expenditures.

That left, he told the Public Service Committee today, his office's appeals division.

The division was staffed by a single attorney, and that attorney is now in private practice, receiving assignments from Randy Zickl, the attorney who handles the county's assigned attorney program.

Zickl told the committee that while the assigned counsel program is slightly under budget, it won't end the year that way because the office will be picking up so much of the appeals work for indigent defendants.

It wasn't an expense anticipated in the county's budget for the assigned counsel office.

"It hasn't been too bad, but it's building up," Zickl said.

Committee Chairman Ray Cianfrini guesstimated the eventual cost overrun could be $100,000. Zickl didn't argue the estimate and Horton told Cianfrini if the original appeals attorney was still on his staff, the cost would be significantly less.

An appeal can cost the county from $2,400 (sometimes, but rarely, less) up to the thousands of dollars, Zickl said.

And since defendants have a constitutional right to adequate defense, the county has no choice but to foot the bill one way or the other.

"There's much more work to do on the defense side of an appeal," Horton said.

The defense attorney must read every page of every transcript from every appearance a defendant makes in court, identify points to appeal, formulate an argument, find the proper citations and write a 50-page or longer brief.

The prosecution, he said, need only respond to the points raised by the defense and such responses tend to be about only five pages long, Horton said.

That's why, he said, appeals can get so expensive.

Years ago, he said, his office didn't handle appeals. They were always handled by assigned counsel, and that's another reason he said that if cuts to his office were mandated, cutting appeals made the most sense.

Horton also explained that Genesee County is joining with several other counties in the region to apply for a grant that would create a regionwide appeals office that would assist defendents with appeals throughout the region.

If the program doesn't come together, Horton still hopes Genesee County will get the grant -- it was the first county to apply for the funds from the state. The money can be applied to funding a local appeals division.

Genesee County officials took dead aim at Medicaid on Monday afternoon -- not at the idea that the neediest among us receive free medical care, but that the state and federally mandated program is forced on local governments with no cost controls.

About 40 percent of the tax bill of each property owner in Genesee County -- a total of $9.8 million -- goes to help fund Medicaid.

Each week, the county wires $185,572 to the state to pay for Medicaid.

"As a county, we have waited to present our case -- that change needs to happen and fast before the ship sinks," said Legislator Annie Lawrence (pictured). "I ask you now Albany electeds, don't come home without real mandate relief for all counties in the state."

Lawrence was among several county officials who spoke at a "May Day" rally for mandate relief for local governments.

County officials also took aim at health care premiums that can't be reduced by law, and the spiraling cost of employee pensions.

All told, the nearly $2.2 million in anticipated new costs from these mandated expenses exceed the ceiling of the property tax cap by more than $1 million.

Officials are calling on Albany to enact meaningful mandate relief so that local taxes can go to local programs, such as law enforcement and highways.

The rally is being duplicated this week in counties across the state.

A two-car accident with one injury is reported at Indian Falls and Cleveland roads. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 5:57 p.m.: The accident is not blocking traffic and the vehicles involved are off the roadway. Law enforcement is en route.

UPDATE 6:23 p.m.: A pair of tow trucks are on scene. One of the vehicles is a commercial vehicle.

UPDATE 6:27 p.m.: A 24-year-old male, with no complaints of pain, is being transported to UMMC. He is backboarded and collared as a precaution.

UPDATE 6:47 p.m.: A 49-year-old male is also being taken to UMMC and is said to have some bruising and seat belt rash.

Batavia City School officials have released an FAQ related to the proposed school budget that is posted on the district's Web site (PDF).

The FAQ covers such topics as administrative salaries, positions eliminated by school consolidation and moving to a centralized business office at BOCES.

The vote on the school budget, along with the trustee election, is tomorrow. Polls are open from 7 a.m. to 9 p.m.

Saturday is Race Day at Stan's Harley-Davidson, when visitors can stop by the store and meet racers, check out their bikes and learn more about dirt track racing. The event is from 10 a.m. to 3 p.m. Jeff Eddy's (pictured above) Team 126 will be at the store signing autographs.  Area 51 will provide free passes for races at its track for people who attend. At 11 a.m. there will be a children's Big Wheel drag race. Stan's Harley-Davidson is located at 4425 W. Saile Drive, Batavia.

Sheriff's investigators are looking for information on a spate of weekend vandalism in Darien that left several mailboxes damaged, a railroad crossing broken and a burned-out motor home in its wake.

Officials aren't sure if all of the incidents are related, but they suspect some of it is, and some of it may be tied to prior vandalism in the same area, said Chief Deputy Gordon Dibble.

Some time between 11:30 p.m. Saturday and 2:45 a.m. Sunday, a person riding in a car or truck and wielding an aluminum baseball bat struck six mailboxes on on Countyline Road and possibly another four on Fargo Road.

According to Dibble, Erie County law enforcement also reports eight mailboxes struck in the same time frame.

"This (mailbox vandalism) has been a problem as long as I've been in law enforcement," Dibble said. "Lately it's kind of plagued the area there."

Within the past few weeks, similar vandalism has occurred on Mammot Road and Seven Day Road, Dibble said.

Also, during the same time frame somebody smashed warning lights at the railroad crossing at Fargo Road and broke the crossing gates.

"This sort of crime is hard to solve," Dibble said. "It's the sort of thing where you're here today and gone in minutes."

There was also a mysterious motor home fire with no obvious cause on Countyline Road near Route 33, Dibble said.

While it occurred during the same time as the other vandalism, he said a fire doesn't really fit the pattern of quick-hit vandalism.

Dibble said that while this sort of vandalism is common in rural areas, it's frustrating for home owners who must then go to the trouble and expense of repairing or replacing mailboxes.

He said somebody in Darien must know who is responsible for the vandalism and he would encourage anybody with information to call the Sheriff's Office at (585) 343-5000.

City firefighters are responding to the area of 121 Bank St. for an open burn complaint.

UPDATE 11:48 a.m.: City fire is returning to service. Upon inspection, the complaint was determined to be unfounded.

A motor-vehicle accident was reported at 9:45 a.m. in the area of Richley and Simonds roads in Darien. A pickup truck will need to be wenched out. The scene is at a curve at the bottom of a hill. Darien Fire Department and Mercy medics are there. Authorities are handling traffic control.

UPDATE 10:13 a.m.: One lane of traffic is being reopened. A couple of Darien units are leaving, back in service.

UPDATE 10:28 a.m.: A male in his 50s is being taken to UMMC for evaluation and to have his blood drawn because he allegedly had positive results on a breathalyzer test for alcohol at the scene. The accident is described as minor -- vehicle vs. road sign and fence post.

UPDATE 10:39 a.m.: The truck has been towed away. Both lanes of traffic are open. All Darien unites are back in service.

Paul Edward Reynolds, 57, of Rose Road, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, following too close, leaving scene of property damage accident and operating without proof of insurance. Reynolds is accused of following another vehicle too closely and then rear-ending that vehicle at the intersection of Rose Road and Wortendyke Road at 4:20 p.m., Saturday. Reynolds allegedly failed to produce an appropriate exchange of information and then left the scene. Sheriff's deputies allegedly located him and his Toyota pickup a short time later at his residence.

Jordan-Albert Grayson Finnin, 16, of West Main Street Road, Batavia, is charged with attempted assault, 2nd. Finnin is accused of trying to stab a DSS youth worker during a home visit. Finnin was jailed on $10,000 bail.

Joshua Lanair Webster, 25, of York Road, Pavilion, is charged with criminal possession of a controlled substance. Webster is accused of illegally possessing hydrocodone on April 16 while being arrested on a burglary charge. Webster was arrested on the new charge Friday while already being detained in the Genesee County Jail on prior charges.

Michael J. Elmore, 21, of 148 Walnut St., Batavia, is charged with criminal mischief, 4th. Elmore is accused of damaging another person's vehicle.

Christopher James Gorman, 20, of Darien, is charged with possession/consumption of alcohol under 21. Gorman was allegedly found in possession of alcohol after being involved in an off-road motor-vehicle accident at 8:10 p.m., April 30.

Dakota Dean Roberts, 20, of Darien, is charged with possession/consumption of alcohol under 21. Roberts was allegedly found in possession of alcohol after being involved in an off-road motor-vehicle accident at 8:10 p.m., April 30.

Keith E. Robinson-Blue, 19, of Rugby Road, Rochester and Shawn D. R. Phillips Jr., 20, of Bartlett Street, Rochester, are charged with trespass. No details were released.

Charlene Anastasia, 40, with no permanent address, Batavia, is charged with criminal trespass, 3rd. Anastasia was allegedly located inside a locked storage facility and was there without permission of the owner. Anastasia was jailed on $500 bail.

Veronica Paula Barajas, 17, of Albion, is charged with petit larceny. Barajas is accused of shoplifting from Kmart.

Victoria Marie Fleck, 18, of Albion, is charged with petit larceny. Fleck is accused of shoplifting from Kmart.

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