As we posted previously, southbound Route 77 is closed for culvert repair. FYI: The detour is rather lengthy, taking you west on Cohocton Road, south on Lake Road and then back east on Route 33.

Wednesday, I put on my publisher's hat and spoke before the Ways and Means Committee about a pair of bills pending in the Assembly that would allow online publication of public notices.

Currently, state law requires notices be published only in printed newspapers.

The bills, 6058 by Assemblyman Steve Hawley, and 9075 by Assemblyman Kevin Cahill, would expand publishing options to online news sources that don't run printing presses.

We didn't report on this matter because I couldn't report on something I was participating in and we had no reporter available to cover it.

Long explanation for: here's the unofficial (meaning, not yet approved) wording prepared by the recording secretary that day, Sarah Kingdon, to serve as a report on the meeting.

Batavian Publisher Howard Owens was present to seek support for Assembly Bill 6058 and Assembly Bill 8075 which would give public agencies the option to place legal notices with either print publications or online news publications. This act would amend the general construction law, in relation to allowing for online publication of public notices. Mr. Owens feels that public notices should be easily accessible by a broad range of members of the public, and online is now a more common source for news than newspapers. He also feels this will offer greater options for archiving and searching of data. Legislator Cianfrini asked if this would be more cost effective. Mr. Owens responded that there is potentially a cost savings, and that he feels an RFP process should be done so that the County can get the best price from local news media. After a discussion of the committee it was decided that Chair Hancock will compose a general letter of support which she will distribute to the Committee for their approval prior to sending to State Officials for support. This was approved upon motion of Legislator Cianfrini seconded by Legislator Leadley.

There is an elevated risk of fire today because of dry conditions and low humidity, according to the National Weather Service.

It's been five days since rainfall and dead vegetation from last year, such as grasses and leaves, are very dry.

Humidity is expected to drop to 25 or 30 percent this afternoon.

Winds will increase from 10 to 25 mph, with gusts of 25 mph later this afternoon possible.

Conditions may approach "red flag" warning level this afternoon.

A statewide ban on open burns through May 14 remains in effect.

A shed fire is reported at 2082 Lewiston Road near Knowlesville Road. Alabama Fire Department is responding. Oakfield Fire Department is called to stand by in its hall.

UPDATE 12:19 p.m.: According to the National Weather Service, there's an elevated fire risk today "due to a combination of dry air, lingering vegetation from last year" and moderate northwest winds. (Also, tonight there's a freeze likely, with temperatures expected to be 25 to 30 degrees.)

UPDATE 12:23 p.m.: Alabama Engine 2 is on scene "with a working shed fire."

UPDATE 12:24 p.m.: Alabama engines 1 and 5 are on scene.

UPDATE 12:26 p.m.: Oakfield is told to stand down.

UPDATE 12:29 p.m.: The fire is extinguished and they are now doing overhaul.

UPDATE 12:56 p.m.: Alabama is back in service.

A two-car accident with at least one injury is reported on the westbound Thruway at mile marker 400.3. Pembroke and Indian Falls fire departments are responding along with Mercy EMS. The location is east of exit 77 before the turnaround.

UPDATE 12:05 p.m.: Traffic is stopped in the right-hand westbound land and is backing up. There's heavy damage to a sedan involed in the accident. A responder's vehicle was sideswiped, damage not yet determined, by an eastbound Chevy green Silverado, but he is able to continue to the scene.

UPDATE 12:07: There may possibly be a language barrier between the responders and an injured person.

UPDATE 12:52: The firefighters are back in service. The responder whose vehicle was sideswiped says there's no damage to his vehicle, but he noticed when the Silverado went passed that it had a broken side mirror.

Lennie M. Colley, 46, of South Lyon Street, Batavia, is charged with a felony count of criminal mischief, 3rd, DWI, driving with a BAC of .08 or greater and consumption of a alcohol in a motor vehicle. Colley is accused of smashing out windows of motor vehicles at about 2:40 a.m., today, on Route 5 in Stafford. Deputy James Diehl and Sgt. Brian Frieday responded to the call and found Colley allegedly driving drunk.

Lee Ann Marchese, 51, of Alleghany Road, Alabama, is charged iwth burglary 2nd. Marchese is accused of entering a dwelling in Stafford on Tuesday and stealing property.

Dimitri Carmelo Burton, 19, of East Main Street, Batavia, is charged with petit larceny. Burton is accused of shoplifting from the AT&T store on Veterans Memorial Drive. Burton was jailed on $250 bail.

The assessment of Assistant District Attorney Will Zickl is that Carlos Torres is "committed to the commerce of illegal drugs," and today Judge Robert C. Noonan said he agrees.

Noonan noted that the probation report listed the names of six children Torres is responsible for, but in what the judge called one of the most bizzare paragraphs he's ever read in a probation report, Torres admits to fathering four other children. Torres, however, apparently doesn't know their names and their mothers have left the area.

He is obligated, according to Noonan, to make child-support payments for one of those four children, but hasn't been making payments.

"You're an irresponsible criminal who deserves the maximum sentence you negotiated," Noonan said.

Torres entered a guilty plea Jan. 9 to criminal possession in the fourth degree.

He was arrested in August and found carrying cocaine, crack and heroin with an estimated street value of more than $7,000.

At the time, Sgt. Steve Mullen, lead investigator for the Local Drug Enforcement Task Force, said "The weight of the powder cocaine, along with the number of bags of both crack and heroin, on top of his $4,000 (in cash), is significant for this county."

Torres came to the attention of investigators in May 2010 when he showed up at UMMC with gunshot wounds. 

At the time, he claimed he had been walking down Indian Falls Road when a car pulled up behind him, somebody demanded his wallet, then shot him. He called a friend who drove him to the hospital.

In May 2010, Torres was on probation out of Erie County for a 2008 drug conviction.

Attorney David Widenor argued vigorously that his 37-year-old client is a sincerely changed man who has seen the error of his ways.

"He wants to be a law-abiding citizen," Widenor said. "He has a family to support. He has six children he loves and wants to care for."

The August arrest derailed an opportunity for Torres to own a legitimate business locally, Widenor said, but the attempt itself was evidence that Torres knows he needs to get his life on a legitimate path.

"He wants to get out of this lifestyle he's been in," Widenor said.

Torres spoke briefly and quietly.

"I've been with the wrong people at the wrong times," Torres said. "I let my children down, but most of all, I let myself down. I want to change that."

Noonan said immediately that he agreed with Zickl's assessment.

"You have demonstrated that you're a drug dealer," Noonan said. "That's what you do and that's how you make a living."

After Noonan pronounced sentence, Torres's girlfriend, sitting in the gallery, began to cry. Torres and the woman have a child together.

Genesee County Clerk Don Read has organized a program to help honor and reward U.S. military veterans.

It's called "Return the F.A.V.O.R." and provides registered veterans with a card that can be presented to some local merchants for discounts on goods, services and meals.

"We need to show the veterans, beyond that first day they come back and beyond Veteran's Day, how much their service has meant to Genesee County," Read said. "We would not be in the position we're in as a county, as a state, as a nation if it weren't for the veterans and the service they have put in."

The program requires veterans to visit the County Clerk's Office and present their DD214, which serves another purpose for Read, who wants to see all veterans keep copies their DD214s on file with the clerk's office for safekeeping and easy retrieval should the veteran's copy get lost.

A DD214 is a federal document that proves both honorable discharge and military service and is required for a wide range of veterans services.

Some 40 merchants have signed up so far to offer discounts to veterans who show a copy of the "Return the F.A.V.O.R." card, including Delavan's, Oliver's, Settler's, Lambert's Design Jewelers, Valle Jewelers, Adam Miller Toy & Bicycles, Batavia Downs, Roc-City Total Care Care and Tire, Ken Barrett Chevrolet and Kreative Design Kitchen & Bath. (For a fill list, click here).

The card costs $3 and the program adds no extra costs to taxpayers.

Any veteran of any era with a valid DD214 is eligible to receive the card.

The Local Drug Enforcement Task Force announced the arrest of 11 people on various drug-related charges stemming from three different enforcment actions by task force members.

Curtis M. Gallagher, 27, of West Main Street Road, Batavia, is charged with criminal possession of marijuana and criminal possession of a controlled substance, 7th. Gallagher was arrested following the execution of a search warrant March 30 on his vehicle and residence. Gallagher was allegedly found in possession of a quantity of marijuana and a quantity of hydrocodone along with some drug paraphernalia. Gallagher was issued an appearance ticket.

On Saturday, the task force arrested five people who were allegedly using a hotel room "for the purpose of abusing crack cocaine," according to the press release. Upon raiding the room, investigators allegedly found a quantity of crack cocaine and buprenorphine hydrochloride. Taken into custody and jailed on $1,000 bail each were Pamela A. Adamski, 28, of Walnut Street, Batavia; Jodi L. Reed, 40, of South Pearl Street Road, Oakfield; Heather J. Nadolny, 28, of East Main Street, Batavia; Nicholas J. Volpe, 40, of Edwards Street, Batavia; and, Timothy J. Walsh, 44, of Redfield Parkway, Batavia.

Over a two-day period, March 21 and March 22, members of the task force along with uniformed deputies and police officers from Batavia and Le Roy, conducted a number of traffic stops. Along with citations issued, the following people were charged with drug-related offenses:

• Nick Hawkins, 28, of Market Street, Brockport, and Seth Fisher, 24, of Asbury Road, Le Roy, were charged with unlawful possession of marijuana.
• Alex Cordero, 24, of Avenue D, Rochester, was charged with unlawful possession of marijuana.
• Phillip Ayala, 27, of Melville Street, Rochester, was charged with unlawful possession of marijuana.
• Douglas Brown, 29, of East Main Street, Corfu, is charged with unlawful possession of marijuana.
• Pamela A. Adamski, 28, of Walnut Street, Batavia, and Dajuandrick Gardner, 35, of East Avenue, Batavia, are both charged with criminal possession of a controlled substance, 7th.  Adamski and Gardner were allegedly found in possession of cocaine. Gardner was also charged with unlawful possession of marijuana.

Press release:

A last-minute trip to the grocery store for a package of hoagie rolls proved to be a life-changing moment for Carol Pursel of Le Roy. On the way out of store, the 57-year-old mother of two caught a glimpse of the new The Color of Money scratch-off ticket in the store’s lottery vending machine. Pursel, the officer manager at her husband’s auto repair shop in Limerock, decided to try her luck on the new ticket.

“I scratched it in my car and saw that I had a match on the Jackpot amount,” recalled Pursel. “I ignored it thinking maybe it was a mistake, but then I figured I should go back in the store and check.”

Pursel took her ticket to the Customer Service counter where they verified it was a $1,000,000 winner.

“I asked them, “So what do I do now?’ ”

Pursel matched the number 29 on the upper and lower sections of her The Color of Money scratch-off game, making the working mom the first lottery player statewide to win the $1,000,000 top prize. The $5 game went on sale March 6.

Pursel purchased her winning ticket on March 12 at the Tops Markets on West Main Street in Le Roy. She claimed it at the lottery’s Customer Service Center in Rochester on March 15.

“I put off claiming it until I had a chance to talk to my accountant to prioritize where the money will go.”

The top prize on the lottery’s The Color of Money scratch-off is paid as $50,000 a year for 20 years. Pursel will receive a net check totaling $33,090 through 2031.

“My daughter is getting married this summer, so some will go toward that,” said Pursel when asked about her plans for the prize. “It will certainly come in handy all around.”

The Genesee County Youth Bureau -- which also runs Batavia's program -- has a new director, Jocelyn Sikorski.

Sikorski, who has worked for the bureau for 13 years, most recently as program coordinator, was tops in a field of four candidates.

The Ways and Means Committee voted unanimously Wednesday to recommend to the full legislature approval of her appointment, and to approve her change of status into the management tier of the county's salary structure.

Sikorski will earn $44,209 in her new position.

The Batavia High School graduate is married, lives in Genesee County, and is the mother of a 6-year-old and a 9-month-old. She also attended Genesee Community College and has a bachelor's degree, which she completed while working for the county full time.

Earlier this year, previous Director Deb Kerr-Rosenbeck retired.

Sikorski said she isn't planning any big changes for the youth bureau.

"I think a lot of what we’ve been able to bring into the county over the past couple of years with federal and state grants have really expanded our services," Sikorski said. "I just look to continue doing that, either through those avenues or other avenues that may come along."

Brittany Baker has been selected by the Miss New York-USA pageant to represent Genesee County in the upcoming competition, but since there is no local event to crown her Miss Genesee, Baker asked the county legislature on Wednesday to give her permission to use that title.

Members of the Ways and Means Committee didn't feel the title is theirs to bestow, but they had no objection to her being called Miss Genesee in the competition.

Baker said she was told she needed a letter of support.

"What if I am Miss New York and go on National TV," Baker said. "I think it would be a great thing if I started out as Miss Genesee."

Legislator Ray Cianfrini said that he didn't see an issue with the legislature not objecting and offering its best wishes on her effort, but since nobody really owns the name "Genesee" it wasn't the legislature's place to grant her that title.

A graduate of SUNY Brockport, where she majored in broadcast journalism, Baker is a former staff writer for the Batavia Daily News and The Batavian.

After the meeting, Baker said she's already received a good deal of support from the community for her effort -- Salon VIP did her hair; Photos by Roth took her portfolio shots; and Next Level Fitness has provided her with a gym membership.

Next, she'll be looking for sponsors to help her raise the money necessary to enter the competition.

When the Oakfield-Alabama grad goes to New York City, she'll still be a relative rookie in beauty pageant competitions.

She admitted to the legislators that she hasn't spent a lifetime preparing to be a beauty queen, to which County Manager Jay Gsell said, "What? There isn't a picture of you as a 2-year-old in a tiara?"

"If you find a picture of me as a 2-year-old, it’s out somewhere in a cornfield in Basom," Baker said.

Matthew Joseph O'Connor, 19, of Byron Holley Road, Byron, is charged with grand larceny, 4th, and unlawful possession of marijuana. O'Connor is accused of stealing a debit card from a friend and using it in Genesee and Monroe counties to make purchases and ATM withdrawals. At the time of his arrest, O'Connor was allegedly found in possession of a small baggie of marijuana.

Lacey M. Muntz, 28, of Maltby Road, Oakfield, is charged with petit larceny. Muntz is accused of stealing license plates from a vehicle she did not own.

Paul Uzarowski, 41, of Genesee Road, Pembroke, is charged with DWI, driving with a BAC 0f .08 or greater, failure to dim headlights and consumption of alcohol in a motor vehicle. Uzarowski was stopped at 8:57 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves.

A 40-year-old Batavia man is accused of committing sexual acts on a 2-year-old over a three-month period.

James Little Jr. is being charged with three counts of criminal sexual act in the first degree.

Batavia PD released no further information on the case.

Little is scheduled to reappear in Batavia City Court on April 18.

A day after The Laughing Buddha announced that it was willing to cooperate with officials, owner Jay Lang was served a notice from New York State Health Department, banning him from selling potpourri over the counter. 

Lang said Tuesday he had voluntarily removed his products from the shelf days earlier, but now he's not permitted to restock them, according to the notice. 

"The health department stopped in this morning and told us we couldn't sell our products anymore," Lang said. "They were very polite and we cooperated fully. We gave them samples of our products that they will be testing for the banned cannabinoids.

"I also spoke to Det. Crossett (Batavia PD) this morning and he informed me that this is a civil matter and not a criminal matter," Lang added.

If he were to restock, the state could fine him up to $1,000. 

Local health department officials confirmed that Lang gave them samples and that tests would be done, but could not tell us exactly what was being done or being tested for, since it was being handled at the state level and not county level.

Products that are being tested include the potpourri that sells under the name White Rhino, Hammer Head and Yum Yum. 

"If the tests come back in my favor, I can restock the shelves," Lang said. "If they come back against me, they will let me know what compounds need to be changed to make the products legal." 

Lang has fifteen days to present proof that his products do not constitute a danger to the health of the people of the State of New York.

Since The Batavian first started following the story, numerous news stations have also picked up on this local story. 

Previous coverage: 

• Laughing Buddha owner pulls potpourri, but believes statewide ban violates constitutional rights
• County health inspectors visiting shops that might sell synthetic weed to enforce new statewide ban
• Potentially dangerous synthetic drugs readily available in Genesee County
• Professionals who work with substance abusers share concerns about 'incense'
• Four smoke shops on reservation raid by feds -- cigarettes, fake pot, bath salts seized
• Hammer Head' 'incense' blamed for seizure of youth in Le Roy

Photo by Howard Owens

I've taken pictures of the Richmond Mausoleum before, but while I was on Harvester Avenue today, a gorgeous early spring day, I had an idea for a different approach (at least for me) to the shot. This is the result.

Masse Gateway -- a redevelopment project partially funded by NYS grants -- has its second tenant.

Merrill Lynch Global Wealth Management is building a new office -- that someday could employ 18 people -- in one of the former tractor factory buildings.

Martin G. Anderson, a director out of the Buffalo office, said Merrill Lynch has had its eye on Batavia for five years and those long-range plans are just coming to fruition.

"We know our clients in Batavia do not want to drive to Buffalo or Rochester to do business," Anderson said.

The office will initially open with 11 employees, including some brokers who were once with the old Smith Barney office in Batavia and jump shipped years ago to Merrill Lynch.

"This is going to be a bit of a homecoming for them," Anderson said.

Among them is Joshua Dent, a Bethany native who will manage the new office.

Previously, local business Creamy Creations announced it was moving to Masse Gateway.

There is 60,000 square feet available in the redevelopment project.

Merrill Lynch anticipates opening the office Aug. 1.

Top photo: Anderson and Dent with Julie Pacette, community development coordinator and Tom Mancuso, owner of Masse Gateway. Bottom photo, Mancuso, Dent and Anderson with City Manager Jason Molino during a meeting with the local media.

It was graduation day for Batavia Enclosures at the Batavia Industrial Center this morning.

The 24-year-old company is moving to its own 27,000-square-foot building, which will help better meet the needs of the growing enterprise.

Leonard Roberto founded the Batavia Enclosures in 1988 with only $6,000 in the bank.

"We didn’t have a name, no company, no product," Roberto said. "I just believed it was something I wanted do, so I quit my job and came here to Batavia and rented 4,000 square feet. I had no equipment and no customers. That’s how we started. My faith was that it would happen and it did happen."

Batavia Enclosures makes precision-engineered cases and racks for electronic companies. The additional space will allow it to introduce new manufacturing processes, including powder coating.

Roberto said the firm, which now has four employees, will likely add four or five workers with the expansion.

Meanwhile, he and his sons have started a second business called Savage IO, which manufactures a server -- a computer that stores and serves data to other computers over a network. That's where the big opportunity lies -- in the server industry -- which he says is currently the fastest-growing industry in the world.

Savage IO is potentially a multi-multi-million dollar company, Roberto said, and much of the space of the new building is intended to accommodate growth.

BIC President Tom Mancuso presented Roberto with a certificate of graduation in a ceremony at Moonjava Cafe in the Harvester Center and congratulated Roberto on his company's growth.

Roberto thanked Bank of Castile for facilitating the purchase of the new building.