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Photos: Fly-fishing on the Oakta Creek, Le Roy

By Howard B. Owens

During my Friday morning drive, I took a turn down Oakta Trail Road and spotted somebody in the creek tying a fly to a leader. I introduced myself to Bill Westfall of Cheektowaga, who said, "Sure, go ahead and take some pictures." In the 15 minutes I hung around, his every cast hit his spot and he did land one small trout. 

Photo: Friday morning photos in Stafford and Le Roy

By Howard B. Owens

I set out early this morning with the idea of taking a particular picture. That picture didn't turn out as I had hoped, but I did drive around a bit. Here are three pictures from that drive.

Above a tree in a field off Nilesville Road, Stafford (and, yes, it's the same tree as sunset picture from yesterday).

The bottom two photos are take from under the Munson Street bridge in Le Roy.

UMMC awarded 'Gold Seal' for meeting health care standards

By Howard B. Owens

Press release:

United Memorial Medical Center has earned The Joint Commission’s Gold Seal of Approval™ for accreditation by demonstrating compliance with The Joint Commission’s national standards for health care quality and safety in hospitals. The accreditation award recognizes United Memorial’s dedication to continuous compliance with The Joint Commission’s advanced standards.

United Memorial underwent a rigorous unannounced on-site survey in late January 2012. A team of Joint Commission expert surveyors evaluated UMMC for compliance with standards of care specific to the needs of patients, including infection prevention and control, leadership and medication management.

"Achieving Joint Commission accreditation, demonstrates United Memorial’s commitment to the highest level of care for our patients," said Mark C. Schoell, CEO of United Memorial. "With Joint Commission accreditation, we are making a significant investment in quality on a day-to-day basis from the top down. Achieving Joint Commission accreditation, for our organization, is a major step toward maintaining excellence and continually improving the care we provide.”

The Joint Commission’s hospital standards address important functions relating to the care of patients and the management of hospitals. The standards are developed in consultation with health care experts, providers, measurement experts and patients.

United Memorial has received accreditation for three years, from January 28, 2012 to January 27, 2015.

Truck carrying shed to Corfu also carrying alleged illegal immigrants

By Howard B. Owens

A Corfu police officer stopped a truck late this afternoon for having an obstructed license plate and found two alleged illegal immigrants inside.

The truck was impounded pending proof of ownership and the U.S. Border Patrol took the two suspected illegal immigrants into custody.

Officer Gene Nati said the truck's plate looked like it had been intentionally obstructed with black tar or a similar substance.

When Nati approached the truck immediately after he stopped it at 4:50 p.m., he found three male occupants. Two couldn't speak English and had foreign documents he didn't recognize, so he requested the Border Patrol to the scene for assistance.

The truck was hauling a storage shed purchased from a Batavia business by a Corfu resident, but the delivery originated with a company in North Carolina, Nati said.

"That company (from North Carolina) employed the illegal immigrants," Nati said.

The third man was in the country on a visa. He was taken to the Flying J and released.

The shed was also impounded and Nati said once the local company and the local resident who made the purchase produce proper documentation for the purchase, he will release the shed.

Minor injuries reported in head-on collision on Route 77, Pembroke

By Howard B. Owens

A head-on collision has been reported on Route 77 in front of the Pembroke Town Park, but the injuries are reportedly minor.

One person has elbow pain and the other person is refusing EMS.

A Corfu fire chief was on scene immediately and a Corfu unit is dispatched along with Mercy EMS.

UPDATE 7:10 p.m.:  The initial report to dispatch was wrong. This was not  a head-on accident. It is a rear-end accident.

UPDATE 7:34 p.m.: One patient taken to UMMC with complaint of back pain.

UPDATE 7:37 p.m.: Corfu back in service. Road reopened.

Hochul, after one year in office, says she takes her job title seriously: Representative

By Howard B. Owens

Last week, Rep. Kathy Hochul marked her first year in office, and it's been a busy year for the freshman Democrat who won a special election over Republican Jane Corwin.

Genesee County political observers estimate that Hochul has spent more time locally than her predecessors, Tom Reynolds and Chris Lee, combined.

"That's where the people are," Hochul said, explaining why she makes so many public appearances in the district. "That's where I can listen, find out their concerns. My title is U.S. Representative and the best way I can execute my duties is to listen to people.

"Every time I’m out out in the community I learn something new and I find another way I can serve my district," she added.

Upon taking office, Hochul said she found a backlog of constituent issues and immediately hired staff that would focus on constituent issues.

So far, she said, her staff has helped constituents garner $800,000 in benefits owed to them by the federal government for one reason or another but had been held up by red tape.

Listening to constituents, she said, is why she continues to oppose the Ryan budget plan and its cuts to Medicare and Medicaid.

Genesee County, already with a heavy Medicaid burden, would see it increase under the Ryan plan, Hochul said.

"The Ryan budget plan would convert Medicaid into a block grant program, and that's one of the many reasons I'm against it," Hochul said. "It would make for higher costs for county taxpayers and taxpayers across Western New York. It would limit how much counties get and the localities would have to pick up the cost."

But listening to constituents, she said, is also why she was one of only 24 Democrats, and the only one from New York, to support the balanced budget amendment.

Democrats in Washington, she said, haven't put pressure on her to conform with their agenda.

"My title is representative and I represent a Republican, conservative-leaning district," Hochul said. "I am free to look at every issue that comes before me and vote in the best way to represent my district."

In Washington, Hochul said, Republicans have shown a willingness to work with her. On the Homeland Security Committee, she was the only Democrat during the session to get unanimous bipartisan support for her amendments to bills. That included an amendment to ensure Transportation Security Administration uniforms are made in the United States and that unclaimed clothing from airport screenings are donated to homeless veterans.

Representing the people of WNY in Congress is an amazing honor, Hochul said.

"I come back to the district often because what occurs here is very much more meaningful and where the decisions we make effect lives directly," Hochul said.

Top Photo: File photo, Hochul at the parade in Bergen on Memorial Day this year.

Hawley presents new U.S. flag to St. Joe's school

By Howard B. Owens

The U.S. flag flying outside of St. Joe's School had gotten so tattered that teacher Marianne Clattenburg thought it needed replacing. She mentioned it to Assemblyman Steve Hawley and Hawley offered to deliver a new flag to the school.

Today, Hawley was joined by a group of third-, fourth- and fifth-graders to raise the flag for the first time.

After talking with students a bit about the importance of the flag and sharing a little bit about state government, Hawley and the students hoisted the new flag high upon the pole.

When the students found out their picture was going to be on The Batavian, they were thrilled and some wanted to be sure their names were included, so here they are: Shawn, 3rd; Rachel, 3rd; Tegan, 4th; Jocelyn, 4th; Andres, 4th; Bella, 5th; Garrett, 4th; Gabby, 4th; Vincent, 5th; Marlea, 5th; Faith, 5th; Jace, 3rd; Benjamin, 3rd; Spencer, 5th; Tori, 5th; Megan, 4th. Their teacher today was Karen Green.

Senate Majority leader visits Batavia to help announce $2 million for STAMP

By Howard B. Owens

Dignitaries from throughout the county were at the Upstate Med-Tech Center today for the official announcement of $2 million in funding for the STAMP project in Alabama.

The project, if successful, is expected to produce thousands of jobs and the round of funding will help pay for grading and infrastructure improvements for a portion of 1,300 acres targeted for development.

"The investment we’re making today will make STAMP a shovel-ready, high-tech industrial megasite," said Senate Majority Leader Dean Skelos (top photo), who traveled to Batavia today for the announcement. "Long Island, the Hudson Valley and Capitol Region communities are already attracting high-tech companies and high-paying jobs."

STAMP is intended to attract high-tech/clean-tech and nano-enabled manufacturing and Genesee Economic Development Center CEO Steve Hyde (top inset photo) projects an eventual 10,000 jobs at the site, with support and supply chain jobs from Buffalo to Rochester adding another 20,000 positions.

STAMP is most often compared to Luther Forest in Saratoga. According to GCEDC, Luther Forest, in the past five years, has seen $1.5 billion in private investment, and more than 2,000 jobs created.

"Once we bring that site to what we call ‘shovel-ready light’ we will be ready to market the project to some of the largest semi-conductor manufacturers in the world," Hyde said.

Sen. Mike Ranzenhofer (second inset photo) thanked Skelos for helping secure the funding for STAMP and said the project has the potential to transform the region.

"This is really critical funding that will keep the project going and keep it on track," Ranzenhofer said. "We’re a step closer today than we were previously to making sure we develop scientific and technological manufacturing jobs in the future here in Genesee County. I’d rather see them developed right here between Rochester and Buffalo than in another state or another country."

Following the announcement, Skelos and Ranzenhofer met with local and regional media and discussed a variety of issues.

On Cuomo's plan to decriminalize possession of personal use marijuana, both Skelos and Ranzenhofer are adamantly opposed to the measure.

"When you talk to lot of drug counselors, they tell you marijuana leads to a lot of other kinds of addictions with heavier drugs," Skelos said. 

He added, "I don’t believe in legalizing drugs that the federal government has said are destructive to lives."

Ranzenofer said he's following the lead of GCASA in opposing decriminalizing possession.

"They felt strongly that this type of thing is a gateway drug for the very kind of people they’re trying to treat in our communities," Ranzenhofer said. "The experts in our community don’t believe that it is proper legislation and I’ll certainly defer to the experts in our community."

Even though polls show most New Yorkers support losing marijuana laws, Skelos said "the voters in my district on Long Island are not knocking down the door saying legalize marijuana."

On the ethics complaint against Sen. Ranzenhofer: Skelos said he has not received a copy of the complaint filed by Michelle McCulloch, even though it was sent to his office by registered mail. Ranzenhofer said he also has not yet seen it. 

Skelos called the firing of McCulloch, a mother of four children, a "personnel change." He said, "We all make personnel changes in our lives. I’ve done it. We’ve all done it."

Asked about his statement to a Buffalo TV station that McCulloch "knows why she was fired," even though he's said he wouldn't discuss a personnel matter, Ranzenhofer wouldn't comment further, except to say, "It wasn't for political activity."

He also said he's never directed anybody to gather signatures or petitions for Chris Collins, who is running in the NY-27 GOP primary against David Bellavia.

"People have volunteered for the past 50 years," Ranzenhofer said. "I've never directed anybody to do that."

On mandate relief for counties, particularly Medicaid: Skelos said the state simply can't afford to pick up its share of Medicaid costs.

He said NYS has already provided relief to counties, first by capping annual increases at 3 percent, then by agreeing to phase out the local mandate increase.

Counties promised each time not to ask for more help with Medicaid, Skelos said.

"They should be reminded that just a couple of years ago they said, ‘we’re fine,’ we’ll never need to come back again," Skelos said.

Skelos said reporters should ask federal elected officials why some states get 80-percent reimbursement for Medicaid while New York gets only 50 percent.

The Batavian happened to already have an interview scheduled with Rep. Kathy Hochul for this afternoon and we asked Hochul that question.

Hochul said that as a former town board member and former county clerk, she certainly understands the need for mandate relief, but the reason New York doesn't get more help from the federal government is the state has instituted a number of services and programs within Medicaid that are not required. Those additional programs drive up the costs for both the state and counties.

On another unfunded mandate issue, Skelos did agree that if proposed creation of a youth court division in NY's counties goes through, the state should pay for the additional cost. Officials estimate the new court will cost more than $1 million in Genesee County.

On efforts to increase the state's minimum wage, Skelos said he remains opposed to the idea.

"My concern is that if we raise the minimum wage with the fragile economy we have, there would actually be a loss of jobs," Skelos said. "Fifty percent of the people earning minimum wage are young people, age 16 to 24, and the last time we raised the minimum wage, 22 percent of them lost their jobs."

Professor Mike Jackson, RIT, presented officials with framed, commemorative computer chips.

Car crashes into guard rail on westbound Thruway

By Billie Owens

A car has reportedly smashed into the guard rail on the westbound Thruway at mile marker 386.2. There are injuries. Town of Batavia Fire Department and medics are responding.

UPDATE 4:15 p.m.: Responders on scene say there is one female, said to be argumentative, who was thought to be injured, but claims she has no pain. State police are arriving on scene. The car is partially blocking the roadway.

UPDATE 4:20 p.m.: Engine 24 is handling the assignment and medics are put back in service.

UPDATE 4:22 p.m.: The passing lane will be briefly shut down so responders can clear away debris in the roadway.

UPDATE 4:38 p.m.: Town of Batavia is back in service. The driver declined medical treatment.

Multiple cars sideswiped in Elba

By Billie Owens

Multiple vehicles are reportedly involved in an accident in Elba on North Main Street, north of Mechanic Street. A Sheriff's deputy is on scene and Elba firefighters are responding. A female driver allegedly sideswiped a number of vehicles after her car's brakes failed.

Four injured in crash on Route 33 and Prole Road

By Howard B. Owens

Four people were injured in a two-car accident Wednesday on Route 33 at Prole Road, after one driver allegedly failed to yield the right of way.

Injured were Joyce Bruyere, 71, of Tonawanda, her passenger, Annette R. Lund, 74, the driver of the second vehicle, Lindsay H. Fisher, 24, of Darien Center and her passenger, Rachel L. Piacente.

At least one person needed to be extricated from a vehicle following the accident by Town of Stafford Fire Department.

Mercy EMS transported Bruyere and Lund to UMMC, and Fisher and Piacente to Strong.

Deputy Joseph Graff said in his report that Fisher was heading northeast on Route 33 and Bruyere was stopped facing north at Prole Road. Bruyere then allegedly pulled onto Route 33 as Fisher's car approached.

Bruyere was issued a traffic citation.

(Initial Report)

Smell of smoke reported in apartment on Ellicott Street

By Billie Owens

City firefighters are responding to investigate the smell of smoke in the lower front apartment at 415 Ellicott St. This may be related to an electrical problem.

UPDATE 1:02 p.m.: City fire is back in service.

Push by state to create new youth division court could cost county more than $1 million

By Howard B. Owens

A proposal to decriminalize the nonviolent offenses of 16- and 17-year-olds could cost the county more than $1 million a year, County Attorney Chuck Zambito warned the Ways and Means Committee on Wednesday.

He called the proposed bills "a huge unfunded mandate."

Zambito said issue isn't the concept, just the lack of funding to go with it.

"It's a policy decision by the legislature and that's fine," Zambito said."I'm not necessarily against the philosophy. The problem is they're doing it without the considering the effect, what the changes are going to do to the current system, that's the problem I have with it. It's another example of an unfunded mandate. They implement it without considering the real cost for it. If they'll pay for it, then fine."

There are currently two bills under consideration. Both would take nonviolent offenses, including what are now considered nonviolent felonies, and move the prosecution of those cases out of the criminal justice system.

There would be a youth division court set up under the county court that would deal with youthful offenders and decide how to properly dispose of those cases, be it conditional discharge, probation, referral to the Department of Social Services or family court.

One proposal would require the County Attorney's Office to handle the cases, the other would put the responsibility in the District Attorney's Office.

Zambito said up and down the line, there would be additional costs for the county, from staff to handle the caseload in either his office or the DA's, to specialists handling the cases in probation and DSS.

There would also be an issue of housing youthful offenders arrested on a weekend who would be held until the youth division court opened the next business day. That cost is about $500 per day per offender.

Deputy County Attorney Durin Rogers said the drive for these bills is coming from NYS Chief Judge Jonathan Lippman.

Recently, in promoting the bills, LIppman said:

"Treating 16- and 17-year olds as adults flies in the face of what science tells us about adolescent development. The adolescent brain is not fully developed. Even older adolescents have a more limited ability to make more reasoned judgments and engage in the kind of thinking that weighs risks and consequences in a mature fashion."

Senator Majority Leader in town to announce funding for STAMP

By Howard B. Owens

Senate Majority Leader Dean Skelos will be in Batavia today, at the offices of Genesee County Economic Development Center, to announce approval of $2 million in funding to advance the development of the STAMP project in Alabama.

The project is a planned 1,300-acre high-tech manufacturing park and the funding will help pay for design and infrastructure work.

Joining Skelos at the press conference will be Sen. Mike Ranzenhofer, Assemblyman Steve Hawley and GCEDC CEO Steve Hyde.

Skelos is also expected to attend a campaign fundraiser tonight for Ranzenhofer in Erie County.

Legislature looking for help in defraying costs of up-to-date aerial photos

By Howard B. Owens

Assessors in Genesee County say the county's online GIS Map is an essential part of their jobs and up-to-date aerial photos are needed to help them correctly evaluate properties.

The county assessors' association sent a letter to the local legislature recently asking that the county continue to fund aerial flyovers on at least an every-three-year basis to keep the maps up to date.

The problem for the county in tight budget times: The cost is at least more than $65,000 and a nine-year plan would cost a total of $301,000.

The cost would increase significantly if the flyovers took place every two years, providing more up-to-date information.

On Wednesday, the Ways and Means Committee agreed to send a letter to the assessors and inquire if the towns, villages and city that are asking to continue the service will help pay for the service.

In their letter, the assessors said the aerial photos help determine land classifications.

"It is used to view the overall imagery of a parcel that is not available to view from the right of way," they wrote. "Outdated imagery makes it much more difficult to see any changes that may have occurred to a piece of property ... aerial imagery helps in discovering improvements to a piece of property that otherwise would not have a value."

DEC starts project to control flooding on a portion of the Tonawanda Creek

By Howard B. Owens

A decades-old tree was removed from the banks of the Tonawanda Creek today and the property owner hopes people understand -- it wasn't by his choice.

The tree removal is part of the Department of Environmental Conservation's effort to control flooding along the Tonawanda.

The location is off South Main Street Road, just east of the intersection with Fairway Drive (see map below).

Nate Fix, who owns Rebel Liners on West Main Street Road, bought the nine-acre parcel in 2005. Most of the land can only be used for agriculture. He can never build on it because of a DEC easement.

The DEC contacted Fix and told him about the tree removal and plans to cut away and deepen the creek bank.

"It was a beautiful old tree, but I understand why they're doing it," Fix said.

A few years ago, Fix said, floodwaters rose to about 4 feet on his property.

Mark Malinoski, DEC director of operations, said today that the project will provide more capacity for the Tonawanda in that section of the creek, which makes an abrupt right turn there before turning again sharply toward the west.

The improvements were recommended by the Army Corps of Engineers.

Besides removing several tons of soil, the DEC contractors will strategically place bolders along the creek in order to dissipate the energy of water flow to slow erosion in that section.

The creek bed has moved several feet north since the 1930s. In fact, Fix's property line actually extends into the creek, which is anomaly along the creek through Genesee County.

Throughout most of the county, the creek and a bit of bank on each side are public property.

"I pay taxes on that portion of the property, too," Fix said.

The tree came down, Malinoski said, because of its proximity to the creek bank.  Such trees actually speed up the erosion process because the water bores in at the roots and hollows out the bank around the roots.

Fix said the DEC offered him the wood from the tree as well as all the topsoil being removed. Fix gave the solid to his neighbor Bob Dickinson, owner of Dickinson Auto Service. Dickinson said he was thrilled to get the soil, which is filling in a large depression in the back of his lot.

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