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)

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.

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."

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.

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."

CNN: Panetta: U.S. running out of patience with Pakistan on militant havens

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.

It's a slow news day, and I haven't done a top story post for April and May, so here it is.

Most viewed posts in April:

• Two people killed in Sunday morning accident
• Up to a foot of snow predicted for most of Genesee County
• Photos: Batavia PD looking for help in identifying subject at Batavia Downs
• BREAKING: Alleged bookies charged under NYS organized crime statute
• Laughing Buddha owner pulls potpourri, but believes statewide ban violates constitutional rights, by Tim Walton
• Man accused of sex acts with a toddler
• Local congressional candidate reportedly has previously fallen behind on property taxes
• Mug Shots: suspects on Batavia PD's warrant watch list
• Town of Batavia board member resigns
• Bank robbed in Pavilion, by Billie Owens

Most views posts for May:

• Anti-U.N. residents plan protest during peace garden dedication Sunday
• Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation, by Billie Owens
• 'Angry cattle dog' left in vehicle at Darien Lake
• Well respected mother passes after 12 year cancer battle, by Tim Walton
• Today's Poll: Do you support gay marriage?
• Downtown bar owners say new overnight parking restrictions could hurt business
• While Ranzenhofer claims neutrality in congressional race, petitions for Collins seem to tell a different story
• Photo: Guard posted at Bank of America in Le Roy
• Regulators taking a look at 'gypsy' auto dealer that set up shop at BJ's last week
• Photos: Rescue of a snapping turtle on Creek Road

Statement from Rep. Kathy Hochul:

“I was pleased the United States Department of Agriculture has agreed with our request to declare all seven counties of the 26th District disaster areas following this spring’s devastating frost, freezes, and unseasonably warm temperatures that dealt a considerable blow to agriculture in the region. Farmers in these counties are now eligible for assistance from the Farm Service Agency to help them recover. Western New York is home to more than 3,000 locally owned farms and produces more than $700 million in goods every year, and I encourage farmers in my district to contact their local FSA offices for more information on the available assistance to keep their businesses viable.”

A motor vehicle accident with injuries has been reported at Route 33 and Prole Road, Town of Stafford.

Stafford Fire Department and Mercy EMS are responding.

UPDATE 4:07 p.m.: At least three injuries reported.

UPDATE 4:18 p.m.: No serious injuries reported, but at least one person needs to be extricated from a vehicle.

UPDATE 4:34 p.m.: At least two patients being transported to Strong.

Stephen A. Lewis, 31, of Corfu, is charged with disorderly conduct. Lewis is accused of fighting and violent behavior. The alleged incident was reported at 5:59 p.m., Tuesday, at 8132 Buffalo Road, Bergen. Lewis was held without bail.

Robert Lee Ealey, 26, of Phelps Avenue, Rochester, was arrested on a county court bench warrant. Ealey was released from the Monroe County Jail and turned over to the Sheriff's Office. Ealey was jailed pending arraignment.

Cody L. Amrhein, 20, of Alexander, is charged with assault, 3rd, and menacing, 2nd. Amrhein was arrested by State Police stemming from an alleged incident at 9:02 p.m., Tuesday. Amrhein was released on his own recognizance. No further details were released.

Regarding yesterday's accident on Route 98, the drivers involved where Daniel J. Dragon, 26, of Albion, and Wanda A. Pangrazio, 47, of Albion. The State Police Web site lists no citations issued nor arrests made. The Trooper who handled the investigation is out of the office today, so no further details are available.

The Notre Dame Girls Softball Team won the Far West Regional Championship today after defeating Forestville Central High School, 7-2.

Carly Pike fanned 10 and surrendered only five hits.

The team is now 19-7 on the season.

Notre Dame now moves on to the state semi-finals.

Photo submitted by Scott Grefrath.

A community drive to try and save Holy Family School in Le Roy has apparently come up short of its goal.

Today, officials released a letter to parents announcing the school's closure.

In November 2011, a plan to merge Holy Family with St. Joe's was announced, but community outcry led diocese officials to give local families a chance to raise enough money and enroll enough new students to keep the doors open.

The diocese agreed to keep Holy Family operational for the 2011-12 school year, giving parents an opportunity to keep the doors open.

The community had some early success in its efforts, but apparently could not meet the final goals.

Below is the letter sent to parents:

Dear Parents,

It is out of deep respect for each of you that we regrettably send this letter in order that you hear this announcement from us.

As you already know, we fell short of the benchmarks that were given to us by the Diocese. It is very important for everyone to understand that both benchmarks were joined together. The first benchmark set was the enrollment and that benchmark gave the dollar amount that was needed so that we could go forward without a deficit. With the present number we have registered for next year and the funds collected we would begin the year with a deficit in excess of $38,000.00. This does not take into account that so many families also request financial/tuition aid. Based on the amount of aid given last year and the amount of tuition money uncollected, our deficit would soar to $58,000.00.

Our School Board met last evening with Steve Timmel who is from the Diocese of Buffalo and a member of the Corporate Board of the School. He informed us that the Diocese could not approve a budget that not only had so great a deficit but also noted the fact that the school is also in debt this year to Our Lady of Mercy Parish for over $100,000.00. As a Corporate Board, they have to exercise fiduciary responsibility for the Diocese, the parishes, and the schools and this Board voted that in conscience they could not let us go forward with so great a deficit and so low an enrollment.

We have many more details to share with you and we both will be taking time to meet with all of you to explain how we go forward and transition – especially with the hope that your children continue in Catholic education at St. Joseph’s School in the Fall. We both pledge our cooperation and full help in seeing this happen. But for now, we wanted to immediately send a letter to you so that you heard this news from us and not the news media or another person.

We understand how very difficult this news is for everyone and we are most grateful to each and every one of you who have prayed and worked so hard to help the school, especially to those of you who contributed countless hours of your time and talent to attend meetings, promote the school, and seek donations.

We will be in touch with you during the weeks ahead concerning our transition program and the help that we will extend to all of our families.

Fr. Michael Rock, O. de M.
Canonical Pastor 

Kevin Robertson
Principal

UPDATE: A press release from the Diocese:

Despite a valiant effort by the local leadership and the surrounding community, Holy Family School in Le Roy will close at the end of the month.

The school was not able to meet benchmarks that were agreed on by the Diocese of Buffalo, the Holy Family Board of Trustees and local leadership last December. Responding to the community, Bishop Edward U. Kmiec agreed to give the community time to rally around the school in an effort to keep it open.

The local leadership established benchmarks. The school needed to register 120 K-8 students and raise $125,000 by the June 1 deadline. To date, 100 students are registered and $110,000 has been raised. The school is currently operating with a significant subsidy from the diocese as well as significant additional support from Our Lady of Mercy Parish.

“The Holy Family community exhibited resounding energy and commitment to keep the school open, viable and sustainable,” said Dr. Rosemary Henry, superintendent of Catholic Schools for the diocese, "but only enrolled 93 students for next year, falling short of the 120 K-8 benchmark. Such low enrollment and serious financial challenges may affect the educational environment for students, compromise the ability to meet payroll for teachers and impact the future viability of the school. We are all grateful for the energy, dedication and effort by the Le Roy community and for the leadership and ministry by Father Michael Rock, canonical administrator, and Kevin Robertson, principal.

“We are saddened to see this school close after many years of a rich tradition of excellence but we know that the legacy of the school will live on through its current students and alumni.”

Current PreK (4)-7 students enrolled at Holy Family School will receive a one-time $500 tuition credit from the diocese that can be applied to any Catholic elementary school in the Diocese of Buffalo for the 2012-13 school year.

In addition, funds have been set aside to operate a bus from LeRoy to St. Joseph School in Batavia, which will welcome Holy Family students.

Founded in 1889, Holy Family School has a current K-8 enrollment of 100 students. This marks a decline of 39 percent, or 63 students, in total enrollment since 2003. The school has 14 full- and part-time employees. The diocesan departments of Catholic Schools and Human Resources will work with faculty members to assist them with possible placement in other Catholic schools.

A two-car accident with possibly one minor injury is reported at Route 98 and West Saile Drive. It is partially blocking the roadway. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 3:30 p.m.: A responder says extrication will be needed.

UPDATE 3:32 p.m.: A second ambulance is requested. One vehicle has heavy front-end damage and will require a flatbed tow.

UPDATE 3:34 p.m.: The driver of a gray car in a ditch will require extrication.

UPDATE 3:36 p.m.: West Saile Drive is being shut down completely.

UPDATE 3:45 p.m.: An accident investigator is called to the scene. Some responders are put back in service.

UPDATE 3:53 p.m.: One medic is back in service after patient refusal of treatment.

UPDATE 3:55 p.m.: The other medic is transporting two patients to Strong Memorial Hospital.

UPDATE 4:11 p.m.: Town of Batavia is back in service.

UPDATE (by Howard): A witness said he saw the accident in his rearview mirror.  He said the black car turned right off West Saile Drive and swerved, for no obvious reason, into oncoming traffic. Even before the car started to swerve, he said the silver car was slowing down. The driver of the silver car needed to be extricated. Both the driver and her passenger were taken by ground ambulance to a hospital. The driver of the black car was not injured. We'll try to get an update from the State Police later.

Press release:

Robert Morris Elementary School in Batavia will be sharing the limelight with the old "red, white, and blue" on Flag Day -- June 14th. The students, as well as the faculty, staff and administration will participate in a joyful ceremony at Van Detta Stadium celebrating the transition each of them will be making in the upcoming 2012-2013 school year.

Robert Morris Elementary School will be closing its doors as of July 1st, and the Robert Morris Family will be turning their focus toward the future. The celebration will take place at 1:45 p.m., and is opened to anyone who would like to attend.

The Robert Morris Family would like to extend a special invitation to any, and all, of the staff/faculty from Robert Morris's past to join in the celebration. Robert Morris would like their students to remember that just as it is important to know where it is they are going, it is equally as important in knowing where it is they have been, and the school's history is rich with individuals who have helped make Robert Morris what it is today.

If you are a retired Robert Morris staff member, or a former Robert Morris student, and you are planning to join us on June 14, please gather at the entrance of Van Detta Stadium, by the large parking lot between 1:30 and 1:45 p.m. and someone will be there to greet you.

(The stadium is located at 120 Richmond Ave. in the City of Batavia.)

The Special Olympic torch was carried from Elba to Batavia today by a group of runners -- mostly members of the local law enforcement community -- with a stop at Woodward Field for a run around the track with Batavia fifth-graders.

The torch was carried from Genesee ARC's location in Elba to ARC's main facility on Walnut Street.

The fifth-graders were at Van Detta Stadium today to participate in a variety of track and field competitions, but mostly the event is about helping the Class 2019 get to know each other as they transfer from three different elementary schools into a single middle school.

The children also heard remarks by some Special Olympic athletes.

A young Batavia mother who was among the first people in the state charged under Leandra's Law for driving under the influence with children in the car will spend a year in jail for violating probation by allegedly driving drunk again.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, sobbed throughout the court proceedings this morning and asked Judge Robert C. Noonan for another chance at rehabilitation.

Besides the violation of probation conviction, Crawford is still facing charges that she drove drunk March 8 and was involved in a rollover accident in Byron. Crawford was seriously injured in the accident and had her jaw wired shut for a period of time as a result.

Crawford was on probation, having recently completed one alcohol treatment program, at the time of the accident. While she wasn't convicted under Leandra's Law on the prior case, which was heard in Erie County, Crawford was found guilty of driving under the influence and three counts of endangering the welfare of a child.

In court today, Crawford's attorney said his client has a serious drinking problem and needs treatment, not jail time.

"Jail isn't going to fix Ms. Crawford," Attorney Louis P. Violanti said. "I realize society may demand jail time, but without treatment, she's going to end up doing life on the installment plan, one year at a time, three years at a time, until one day she wakes up and she's in her 60s and her life is gone and her children are grown."

Violanti said Crawford was recently accepted to an in-patient program and that her rehabilitation would be a long-term process.

When Crawford spoke, she cried through all of her statement.

"If I don't get this under my thumb, I'm never going to have my family," Crawford said. "Please let me be able to do this. Please from the bottom of my heart. I'm a good person. I just made poor choices and I just want to go home to my family and the people that I love. And I want to prove that I can be successful in life and not be harmful to anybody else, including myself."

Noonan said if Crawford was appearing before him for just the first time he would be a lot more sympathetic to her plea to be with her children, but Crawford promised Noonan once before, he said, to follow the orders of the court and then apparently violated them.

"You're very lucky you didn't kill a family or somebody else in your alcoholic stupor," Noonan said. "Now you must face the consequences.

"We're all very interested in doing something that will get Michelle Crawford going in the right direction in life," Noonan added, "but right now you must be punished."

The year in jail -- Crawford has already served about three months -- is the maximum penalty under the sentencing guidelines for her misdemeanor convictions.

Crawford still faces a misdemeanor DWI charge and a felony count of aggravated unlicensed operation.

Noonan said he and the attorneys are trying to come up with a plan for Crawford on those charges that will satisfy justice and get her help.

A 67-year-old Batavia man has been charged with public lewdness after allegedly being caught masturbating in the infants section at Kmart.

Michael John Liptak, of Pratt Road, was also charged with criminal mischief, 4th.

The incident was reported to the Sheriff's Office at 5:49 p.m., Monday.

Liptak was issued an appearance ticket on the charges.

(Initial Report)

Brian Wolff made the video above and posted it to PhotoBucket. It contains some photos of old Batavia I don't remember seeing before.