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Sheriff's Office announces first 'enhanced' DWI checkpoint

By Howard B. Owens

The Sheriff's Office will run a first-of-its-kind experimental DWI checkpoint March 17 somewhere in the county.

The "enhanced" DWI checkpoints feature the common roadblock, but will also include road patrols in the area looking for drivers who are apparently trying to avoid the checkpoint.

The governor's office is funding enhanced checkpoints as an experiment in four counties to combat a growing prevalence of smart phone apps that help alert drivers to checkpoints as well as other means drivers might find out about a checkpoint and then try to avoid it.

On March 17, the Sheriff's Office will operate the checkpoint and Batavia PD, Le Roy PD and State Police will provide additional patrols.

An officer trained in drug recognition will be at the checkpoint to assist in identifying drivers suspected of being impaired by drugs.

Other enhanced DWI checkpoints will be scheduled during the year in the county, in Batavia and in Le Roy.

The overtime cost associated with the enhanced checkpoints is covered by a $21,775 state grant.

Law and Order: ATV riders accused of trespass

By Howard B. Owens

Joseph A. Monkelbaan, 40, of Tesnow Road, Akron, and David J. Albright, 51, of Meadville Road, Basom, are charged with trespass. Monkelbaan and Albright are accused of trespassing on property on Wright Road, Alabama, while riding ATVs.

Gregory Angel DeJesus, 21, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:25 a.m., Wednesday, and jailed on $250 bail.

Mickey Harlen DeJesus, 23, of Perry Road, Pavilion, is charged with disorderly conduct. DeJesus was arrested following an argument with a family member at 12:50 a.m., Wednesday, and jailed on $250 bail.

Darik R. M. Orbaker, 19, of 12 Elm St., Batavia, is charged with criminal contempt, 1st. Orbaker was allegedly observed with a person protected by a "stay away" order.

Genesee County Legislature is probably the first in NYS with a female majority

By Howard B. Owens

With its 2012 legislature, Genesee County has made history -- maybe ... probably.

In all likelihood, Genesee County has the first legislature in New York State history with a female majority.

The historical record is hard to nail down, according Mark LaVigne, deputy director of the NYS Association of Counties, but a check he conducted with all the other counties turned up none willing to dispute the claim.

He discovered Otsego County has more women on its legislature -- seven, but also has seven men, and Sallie Brothers in St. Lawrence County is the only woman on a board otherwise comprised of 14 men.

In the absense of any evidence otherwise, then, it seems reasonably certain that 92 years after women won the right to vote they claimed the majority of a legislature in New York for the first time in one of the state's most conservative counties.

"I think it’s excting," said Marianne Clattenburg, serving her first term on the legislature. "It’s a testament to the good job that the women who are here have been doing. The fact that women continue to get elected is exciting. I look forward to working with the women and all the member of the legislature."

Chairwoman Mary Pat Hancock called the legislature a "magical nine" and said she is proud to serve with all the members.

"What’s exciting to me is to lead a legislature of nine interested, educated people who really want to dedicate their time to the job and are willing to cooperate and willing to work together," Hancock said.

Reminded that he is now part of a historic minority, first-time Legislator Frank Ferrando laughed and then said he admired the women elected to the board.

"It’s just great just being a part of the legislature," Ferrando said. "We’ve got some real key people, some leaders who are women. It’s great working with them."

Esther Leadley agreed a female majority is historic, but also appropriate when a majority of registered voters are women.

"I'm proud of Genesee County," Leadley said. "You know I am. I speak out about how proud I am of Genesee County whenever I can."

Photo: From left, Shelly Stein, Annie Lawrence, Mary Pat Hancock, Esther Leadley and Marianne Clattenburg.

The 2012 State of the County address

By Howard B. Owens

Mary Pat Hancock's State of the County address:

Good evening friends and family of Genesee County.  I especially recognize and welcome our three new legislators…Marianne Clattenberg, Frank Ferrando, and Shelley Stein. Thankfully, they hit the ground running and brought with them the enthusiasm, energy and knowledge that is essential to their new roles. And let me thank all of you…those present and those of you who were not able to attend this evening, for your continued efforts, cooperation and support during this most challenging time. This year has sped by, our challenges sprang up like dandelions on a spring day, but the good grass also flourished thanks to the good work of our employees, renewed energy of our constituents and the climate of possible change at the state level.

Tonight, let’s focus on us -- on Genesee County and how we managed during the year 2011 when the state’s Property Tax Cap had not yet taken effect, but the mandated service expenses were at an all-time high and continued to whittle away at funds previously available for local and essential programs. 

How did we manage? It was a year of enlightenment. Having emerged from a difficult budget process, we responded to the lethargic economy by holding the line on taxes and trimming already lean programs. Strong efforts were also made to rethink how services were delivered and which programs might be combined for mutual benefit. We looked within and beyond our county for collaborative opportunities. This was not just one lean year, with relief around the corner. The only thing that we could count on was that things would be tighter in 2012, with the Property Tax Cap, the end of the stimulus fund, and no significant Mandate Relief. It was a new reality for the local governments and for their constituents.  And neither of us liked it. Anger is one of the first stages of grief, and we were angry that fine programs, good employees, and needed services were impacted.  We were angry that bloated mandated programs continued to expand and feed on our dwindling resources. We were angry that our continued message of Mandate Relief now fell on deaf ears. In order to survive, we had to temporarily put our anger aside and reached for temporary acceptance. We picked up the increasingly heavy burdens and did our best to carry them.  

We are a resilient lot. Positive goals were accomplished, new ventures succeeded, and we did not collapse. For this evening, I needed help to look a bit deeper into the accomplishment specifics, yet also respect the fact that good as you are, there is a limit to anyone’s tolerance for sitting and listening, so I asked our department chairs to please send a paragraph to me with their selection of the most significant items to cover in their departments during 2011. Were they thrilled? NO. It is nearly impossible to put all your good efforts into a single book, or chapter….a paragraph, impossible. But impossible things are happening every day. I received the necessary information in the abbreviated form and for this I am most grateful. I take full responsibility for cutting department responses to the quick, but the full information is available in the annual reports on file. 

Something of enormous import took place this year at our Community College. Dr. Steiner retired after being associated with the college since its inception in the 1960s and its president since 1975. The perfect selection and smooth transition to a new college president was crucial to all of us and was handled with tremendous skill by the College Board. A thorough nationwide search, and an equally thorough screening process, and final interview process identified the best possible candidate. A local boy, regionally local, with just the right experience and skill sets was hired.  We welcomed James Sunser to our midst fall of 2011 and look forward to the formal inauguration ceremonies on May 5th of this year. 

Within the Office for the Aging, the fastest growing program is Health Insurance Counseling, which in 2011 served 719 Medicare beneficiaries, resulting in over $1,000,000 in savings for those using this valuable service. Support services such as home-delivered meals, transportation to medical appointments, in-home care, personal emergency response units, home safety checks, and support for caretakers can enable those who want to “Age in Place” to do so. In the past decade the number of our older adults has grown by 16%, causing increased demands on OFA services. Encouraging healthy active aging through programs like the RSVP, Living Healthy courses, exercise classes, fall prevention programs, recreation and social events are ways that OFA promotes this goal. To fill the niche for those qualifying programs not covered by any other funding, which add so much to our seniors’ quality of life, Genesee County is fortunate enough to have the Muriel H. Marshall Fund.      

The procurement card program was organized and implemented by the Purchasing Department and the Treasurer’s Office. Procedures and training materials were revised and training was provided. This program replaces a variety of processes, including petty cash and advance checks. Its purpose is to establish an efficient, cost-effective, easily monitored method of purchasing and payment for small dollar transactions. In an additional effort to lower the cost of products and services, Purchasing joined the Western New York Online Bid System. A section of this department, the Mail room processed over 177,000 outgoing pieces of U.S. Mail and by using a pre-sort discount they saved the County approximately $4,000 on first-class mail.

Cornell Cooperative Extension continued its tradition of putting the latest scientific knowledge to practical use. In this county agriculture is our economic engine, and attending to that business is the Extension’s business. Last year there was a new course at GCC…Western New York Agriculture, its success suggests that it is the first course in a targeted curriculum. An Extension outreach brought a new business to this area…goat cheese production, with its many special requirements and the provider was guided to a happy landing as a successful Ag business by Extension staff. Another venture in the works is the development of a Broccoli Industry in the East, which includes our area. Staff members: James Kingston, Jan Beglinger, and Christie Hoepting are to be especially congratulated. A collaborative effort by the Rotary Club, YMCA, UMMC, and CCE and Dr. Jain, initiated a GET FIT program for families in this area to begin to address the national concern of Childhood Obesity. The health of our young people cannot be overemphasized and this program shows great promise.

We had plenty of elections in 2011. In addition to four primary contests in September, and the General Election in November, an unanticipated countywide Special Election was held in April. Our frugal Board of Elections was able to absorb the additional costs by cost-saving adjustments in other areas. They presently have well-founded concerns that 2012 will force three to four primary dates…with the resulting extra expenses. The State Legislature must iron out their disagreements and coordinate their primary dates to avoid this wasteful extra expense...

The Office of Emergency Management Services insures that the County develops and maintains multiple emergency plans. They see that the County has the equipment, manpower and resources to respond to disasters or emergency situations. The 2011 State Homeland Security Grant Program ($101,948) will alone provide Fire Investigator Protective Clothing, Law Enforcement Equipment (ERT); provide Critical Infrastructure and security enhancements to the County emergency operations center and the County Highway Departments. It will also provide upgrades to the interoperable communications equipment and provide the funding for the Fire and EMS Reporting Management Systems. This year a Countywide Recruitment and Retention program for volunteer firefighters and emergency medical personnel was made possible through the Federal Staffing for Adequate Fire and Emergency Response grant of $388,000.

Under the Highway Department’s banner, please include the actual Highway crews who maintain our roads and bridges and are concerned about the effects of deferred maintenance as a result of flat funding and escalating material prices.  The Parks Department, under this banner, continues to find new grants and outside funding opportunities to keep the Parks open for residents during difficult financial times. Several improvements were made to the DeWitt Recreation Area in 2011 expanding opportunities to explore this urban park. Airport fuel sales increased nearly 8% this year and the GC Airport again turned a profit…as it has done for the past nine years. We continue to explore options to replace its aging terminal facility…to meet federal safety requirements without a financial burden on our residents. Our Highway Superintendent/Water Project Director continues to investigate the future financing of the Countywide Water Project as well…so that Phase II may be implemented as planned within the next five years.

The History Department and Records Management completed two long-term projects this year. The first was the digitizing of the department’s photograph collection which includes 10,570 photographs. The second was the Archival Cataloging Project which included 742 cubic feet with a total of 1,672 items cataloged. In addition, they provided assistance to thousands of people interested in local history…generating income for the County. They were assisted by volunteers who helped them accomplish numerous additional projects. They all still had the time and strength to help us commemorate the 150th Anniversary of the Civil War….beginning with the bell ring observance of April 12th; we were helped to realize the impact of this war on Genesee County by an original display board and power point presentation. 

In 2011 Human Resources partnered with the County’s Employee Assistance Plan to provide the required countywide workplace violence training for employees. Kudos are given to all County employees covered by the County’s Self-funded Health Plan for their cooperation in providing the necessary documentation for the Health Plan Eligibility Audit that was conducted in 2011.

During 2011 Information Technology focused on updating an aging infrastructure to ensure the reliability and availability of systems that support all county departments. They also introduced a new County Website, put IPADs to use by the Public Defenders and District Attorney’s offices and addressed several compliance issues.

This past year the Genesee County Career Center assisted 4,514 job seekers, a 30% increase from 2010 with a 77% placement rate. They also served 267 area businesses by posting employer job openings and hosting businesses for on-site recruitments, as well as screening and assessing the skills of all of their job applicants. Workshops (147) were conducted on high-demand topics.

The County’s Comprehensive Planning Process continued with the Steering Committee, representing the 10 Focus Groups, making its Annual Monitoring Report to the County Legislature in September. The Planning Department continues to support other County agencies and local municipalities as they strive to create a more livable community for our residents. Agriculture remains a cornerstone of our County’s economy. The County Legislature remains committed to continued support of the Agricultural District Program and the long-term protection of the County’s agricultural base including the preservation of prime farmland. The Household Hazardous Waste Collection and an ongoing program supporting recycling are going strong and continue to attract strong participation throughout the GLOW region.

Probation supervision remains as the most cost effective form of an alternative to incarceration for the nearly 700 adults and juveniles in Genesee County. As a mandated function with strong NYS oversight, funding remains critical at the state and local level to support this vital function of the criminal and juvenile justice system. Presently the NYS reimbursement to Probation Departments continues at 12-13%, which is far short of the 48.5% required by statute. 

Quiet times are the fruit of a successful Public Health Program, 2011 was such a year. Mandates and deliverables were accomplished on time and on budget overall. Program reviews and NYS Audits proved favorable. On the flip side, it was retirement time for key personnel in the department and their departure represented a loss of valuable experience. The demands of an increasingly tight budget are being felt at every level.

The Genesee County Sheriff’s Office continues to provide excellent public safety and correctional services to the residents of Genesee County. The Sheriff’s Office took a zero tolerance position with regard to underage drinking and the deputies made over 500 unlawful possessions of alcohol arrests at Darien Lake. In addition deputies took 175 drunk drivers off the roads. The jail saw an increase in population of male inmates during 2011, averaging 71 per day and Genesee Justice monitored almost 1,600 offenders. The Sheriff’s Office partnered with GCC offering the facilities at the Animal Shelter for Vet Tech Students.  Emergency Dispatch Center handled over 175,000 phone calls, including over 28,000 9-1-1 calls, leading to over 50,000 calls for service. The Sheriff’s Office was fortunate to receive over $149,000 in grant funding.

In difficult economic times, more of our citizens turn to the Department of Social Services for assistance. Caseloads in public assistance, Medicaid, Food Stamps, and HEAP continue to grow. Families are stressed and also require more help with their children...Our DSS has been doing the best possible job to deliver services while controlling costs.

During 2011 the Veterans Service Agency moved and became co-located with the Department of Social Services.  The move allowed for increased administrative support for processing all of our veterans’ claims for compensation, pensions, education, etc. at a cost saving. With the end of the Iraq War and the reduction in the military, there are more veterans returning.  Presently, there is a huge backlog of claims at the federal level and this trickles down to the local level and is causing an increased number of claims pending.  When the backlog is combined with the high rate of unemployment for our veterans, it produces a less than ideal homecoming for the individuals who earned and deserve the best.

The Weights and Measures Department had a good and productive year in spite of budget constraints. Scales and liquid measuring devices were checked, devices were inspected, milk tanks were calibrated, store packages were checked and price comparisons were performed. Consumers are paying higher prices for nearly everything, the least we can do is to insure they are receiving their money’s worth.

A long-awaited partnership with the City of Batavia was formalized in 2011. The youth bureaus entered into contract for the County to provide administrative oversight assigning 20% of the Executive Directors time for the City Youth Bureau. This collaboration reduces expenses and is mutually beneficial to both agencies. Sadly, 2011 was also the year when Debbie Kerr Rosenbach retired.  She had been the Director of the County Youth Bureau for many years and initiated many innovative programs which directly impacted the young people in this region in a most positive way. All this was accomplished during a time of shrinking resources. 

The District Attorney’s Office prosecuted a charge of predatory sexual assault against a child. It was the first time the office prosecuted such a charge. It was remarkable because of the degree of interagency cooperation which came together for the trial of this offense. The trial resulted in a guilty verdict, with a sentence of 15 years to life. A former member of the District Attorney’s Office received a high honor at the NYS District Attorney’s Winter Conference. The prestigious Robert M. Morgenthau Award recognizes those whose professional accomplishments, honesty, integrity and commitment to justice exemplify an extra ordinary high standard…congratulations to David Gann!

We are still having a difficult time even approaching a break-even financial status, or manageable fiscal support with the Nursing Home. We have made, and continue to make, positive changes based on recommendations to increase efficiency and lower costs. But for every step forward, we seem to be forced back two steps. There are additional requirements to meet new standards, frozen reimbursement levels, a changing system of payment, and increasing costs for care…all combining to add to increasing the financial burden on the County.  Presently we contribute over two and one half million dollars every year to just meet expenses. And this amount grows each year. How long can we afford this?  With the tax cap and our already high tax rate, not long. The Legislature continues to take a proactive approach as we deal with this crucial issue.

Genesee County should be very proud of the achievements of our GCEDC. The recent ground breaking by Alpina in our newly opened Agricultural Park, and even more recently the announcement of the Wave Project in the same Park promises an investment of $206 million dollars in the economic health of our area and a resulting 186 jobs. The GCEDC was able to participate in 30 project “wins” and enabled $51.3 million of investment over the 2011 fiscal year. There were additional achievements, new cooperative workforce-training programs, businesses expanding, jobs retained….do not think that all this would have happened without the inspired and dedicated work of the GCEDC and their team. Their success is our success. Great work!

The County Clerk’s Office has been busy with the implementation of several new programs made possible by contract enhancements with their computer company. They are now able to issue plastic permits for pistols, as well as image, index, and merge 210 years of mapping into the system, issue veteran’s ID cards for the popular “Return the Favor” discount program for veterans, to be announced soon. This new technology has allowed for the scanning of criminal and civil court records to allow for direct access and paper-free transmission to the Court system of these records. And, in spite of economic fluctuations and a recession in the motor vehicle industry, the Motor Vehicle Office was able to maintain sufficient revenue to operate their office with a net profit of over $600,000. Many out of county clientele use our MVO for registration, license renewals, and an increasing number of dealers who use the Genesee County MVO for all their transactions. Much of the credit for this goes to a staff that emphasizes friendly, thorough service.

In January of 2011, we sent prescription discount cards out to all of our citizens.  These were at no cost to the county. The program was introduced by the New York State Association of Counties, and during the course of this year has saved the 4,874 participants 52% on their prescription costs. As you might suspect, the program continues to grow.

I hope you can tell from this brief synopsis that our county is working hard to maintain a positive direction. And we are succeeding. The legislators are working hard to reach out to their constituents with information, petitions, meetings, and resolutions about the need for immediate mandate reform. There is legislation ready to pass…but it hasn’t happened yet. Legislator Lawrence has headed up the (Mandate) Medicaid Reform outreach and through her efforts, the other eight legislators, and the cooperation of our constituents we are turning in over 1,500 signatures from NYS citizens demanding Medicaid Reform.

Yes, we are keeping our heads above the water, but we can’t tread water forever.  I remain hopeful that 2012 is the year for State leaders to step up and work with their partners in County government to enact real reforms that will enable us to maintain and enhance the local safety and quality of life programs that will attract and keep families and businesses here in New York. You can help. This is not a political issue…it is a survival issue. In every case, when there has been a real change at the state level…it was because the people back home insisted. Let your voices be heard.

The pressures evidenced in the New York State Association of Counties state wide “9 for 90” mandate relief initiative coupled with the new state imposed property tax cap have given county governments across New York State a focused rallying cry and platform to demand change and real long-term mandate relief. These reforms and solutions must originate in Albany. The state Legislature and Executive in the past have made passing reference and lukewarm commitment to such relief. Now is the time for them, with our help, to pass real reform measures, provide real property tax relief by changing and decreasing the nine mandates…most especially Medicaid, presently consuming 40% of our tax dollars each and every year. 

In 2004-2005 our message was “Don’t Come Home without it (the Medicaid Growth Cap)." In 2012, the message to our elected State delegation and Governor Cuomo has to be “Don’t Adopt a Budget without Medicaid Reform and Local Medicaid Share Relief.”

Now that’s a plan we could live with. Right?

Fire reported behind Church Street, Le Roy, turns out to be a bonfire

By Howard B. Owens

A caller on Church Street, Le Roy, reported seeing a possible fire behind her residence, telling dispatchers she could see a large red glow.

Le Roy Fire responded and chiefs report finding a bonfire with people in the area.

The department's brush fire truck is responding to deal with it.

UPDATE 10:14 p.m.: One chief informs another that the people with the fire recently relocated to the area and were unaware of the open burn regulations.

UPDATE 10:20 p.m.: Fire is out. Le Roy back in service.

Five Genesee County hockey players picked to play in Bowman Cup games

By Howard B. Owens

Genesee County will be well represented in the 8th Annual Scotty Bowman Showcase, a hockey tournament sponsored by the Buffalo Sabres, with five local players making the junior and senior squads.

Named to the teams are three players from Notre Dame High School-- Zach Blew, Tyler Kessler and Brett Perfitt -- and two from Batavia HS -- Tom Grammatico and Josh Marr.

The games will be played March 20 at First Niagara Center. Tickets for the event are $5.

The first game begins at 6 p.m. and pits all-star squads from Buffalo and Rochester made up of players in their junior year of high school.

The senior game is at 7:30 p.m. and the winner of that match will be awarded the Bowman Cup. Buffalo has a 6-1 advantage in the tournament.

All five Batavia-area players will be on the Rochester teams.

Scotty Bowman, a former head coach, notched more NHL wins than any coach in history. The coach will be on hand to present the Bowman Cup to the winning team.

Notre Dame Head Coach was also named a Bowman team coach.

Burglar faces up to 10 years in prison after guilty plea

By Howard B. Owens

One of the two men charged in a pair of burglaries in September entered a guilty plea in Genesee County Court today and faces up to 10 years in prison.

Michael J. Hilton, 20, a former Le Roy resident, entered a guilty plea to burglary, 2nd. He had also been charged with grand larceny, 4th.

According to District Attorney Lawrence Friedman, Hilton faced two additional burglary charges -- a break-in at 39 Trumbull Parkway and one at 36 Williams St. -- but his office won't file those charges as part of the plea agreement.

Under the plea agreement, Hilton waived his right to appeal and agreed to pay an unspecified amount of restitution to his victims.

However, in order for the two uncharged burglaries to be included in any restitution total, the DA's office would need to file charges in those cases. Friedman told Judge Robert C. Noonan that is possible, though the charges would not figure into Hilton's sentencing.

Hilton can't receive more than 10 years in prison, under the terms of the agreement. Sentencing is set for May 9.

Hilton was arrested with Kurt Hawkins following a pair of break-ins on Williams and Swan streets, Batavia, in late September.

Hilton and Hawkins reportedly entered an occupied residence on Swan Street.

Hawkins was sentenced Monday on burglary and assault convictions to nine years in prison.

Warrent issued for woman hospitalized following March 8 accident in Byron

By Howard B. Owens

A warrant was issued in Genesee County Court today for a woman involved in a one-car rollover accident March 8 and expected to be released from Strong Memorial Hospital today.

Michelle Crawford, who in 2009 was the first person in Western New York charged with felony DWI under "Leandra's Law," was placed on the court docket for an alleged violation of probation.

"I would request a warrant," said Assistant District Attorney Will Zickl, "especially considering the circumstances that required her appearance, which included drinking and driving and getting into a serious motor-vehicle accident."

No charges have been filed related to the March 8 accident. The Sheriff's Office is awaiting results of blood tests before determining what, if any, charges are filed.

According to attorney William Harper, of the Public Defender's Office, Crawford was taken out of the intensive care unit yesterday.

Crawford will require ongoing medical care upon her release from the hospital, but Zickl said outside of court that if she is arrested and jailed, the jail can provide for her care.

Reportedly, Crawford's jaw has been wired shut.

The 26-year-old Batavia resident has three children and was arrested for alleged DWI in November 2009. Her children were reportedly in her car at the time of her arrest, making it a felony DWI under a fairly new law that made driving while drunk with children in the car a more serious crime.

However, in a bench trial in Erie County, Crawford was acquitted of the felony charge and convicted of driving while ability impaired and three counts of endangering the welfare of a child.

Family of man who died at Jell-0 Museum files suit in federal court

By Howard B. Owens

The family of a man who died following an accident at the Jell-O Museum in Le Roy has filed a lawsuit in federal court.

Frank P. LaMont Jr., reportedly died after his wheel chair fell through the back of the handicap access lift at the museum. The fall was three feet, but his head hit the concrete.

Named in the suit are the United States of America, the Le Roy Historical Society, The Safety and Access Co. Inc. (the company that serviced the lift) and Ikeco Inc. (the company that sold and installed the lift).

LaMont was a resident of Canandaigua Veterans Affairs Medical Center at the time of the accident in October 2010.

Sophia LaMont, his daughter, previously filed a claim for $500,000 with the Department of Veterans Affairs. The claim was denied.

(Source: Democrat & Chronicle)

Two vehicles collide on Route 20

By Billie Owens

A tractor-trailer and another vehicle crashed in the area of 2732 Route 20 in Alexander. The tractor-trailer is off the road and the roadway is partially blocked. There are possibly injuries. Mercy Flight is contacted. Alexander Fire Department and Mercy medics are responding.

Darien Fire Police are called to shut down eastbound traffic at Route 20 and Darien -- Alexander Town Line Road. Darien's ambulance is also called.

UPDATE 5:38 p.m.: Traffic will also be shut down at Bowen Road. A total of three ambulances are responding.

UPDATE 5:39 p.m.: Mercy Flight out of Buffalo is called to the scene. The landing zone will be a wheat field next to the accident scene.

UPDATE 5:41 p.m.: Mercy Flight is airborne with a 13- to 15-minute ETA.

UPDATE 6:19 p.m.: Alexander is back in service. Two women are being taken to UMMC. One is a 20-year-old complaining of shoulder, neck and head pain; the other is 19 and has pain in her head and ribs. One lane of Route 20 traffic is being opened now.

UPDATE 6:24 p.m.: Darien is back in service. State Troopers Sheriff's Office deputies are handling the scene.

UPDATE 6:25 p.m.: Mercy Flight transported one patient to Erie County Medical Center.

UPDATE 7 p.m.: Darien Fire Police are now called to shut down traffic at routes 20 and 238. They are redirecting traffic so the tow company can remove the tractor-trailer at the accident site.

UPDATE 7:14 p.m.: Earlier, a fourth patient was transported, and taken to Buffalo General Hospital.

UPDATE 7:47 p.m.: They are going to allow traffic to flow on Route 20 in one direction, then another, alternating until the accident scene is cleared.

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Firms will get more than $11 million in tax relief to build giant yogurt factory in Batavia

By Howard B. Owens

PepsiCo and the Theo Muller Group -- partnering on Project Wave in Batavia -- will receive more than $11 million in tax relief for the planned yogurt plant in the Genesee Valley Agri-Business Park.

The incentive package was approved by the Genesee County Economic Development Center Board on Monday.

The PILOT on the project -- relief from taxes on the increased value of the assessment -- is 100 percent for the first six years and 50 percent in years seven through 10.

The total PILOT abatement is estimated at $5.6 million over 10 years.

The companies will also receive $5.4 million in sales tax abatement on materials and supplies for construction of the facility.

The project will add 186 new jobs to the local economy, and early planning for the plant projected as many as 600 jobs by 2033.

Wave Holding, LLC (the company formed by Pepsi and Muller for the project) will spend $206 million on construction of a 363,000-square-foot facility.

Construction on the project began in November.

The agreement calls for the first 186 jobs to be filled within three years of Wave Holding receiving a certificate of occupancy.

GCEDC competed with shovel-ready sites in Avon and Pennsylvania.

According to a GCEDC press release, for every $1 invested by Waving Holding the local economy will benefit by $14.47.

Consolidation top of discussion at school board meeting

By Howard B. Owens

Summary of the school board meeting provided by Batavia City School District:

Highlights from the BCSD Board of Education meeting on March 12, 2012:

Parent Shares Concern Regarding Consolidation
A parent addressed the Board of Education, voicing concerns regarding the proposals for consolidation and cutting programs. In regard to consolidation, her concerns were about people losing their jobs and about test scores decreasing as class sizes increased. In addition, claiming that Batavia is growing, she felt the District will need to reverse the decision soon in order to accommodate an increase in students. In regard to cutting programs, she also cited concern for people losing jobs, keeping students involved in productive activities, and providing students withoutlets for accomplishments that enhance their college applications. Her recommendation was to avoid consolidation and cuts to programs, move administration functions to the Middle School (rather than fifth graders), have a voluntary pay freeze, and have staff increase their portion of paying for benefits to 20%.

Students Voice Support for Music Department
Five students addressed the Board to show support for the Music Department. In addition to mentioning the fun and enrichment of participating in musical productions and performances, several emphasized that the District’s music program had helped them identify what they wanted to pursue as a career and had offered opportunities for achievements and recognition that helped them stand out on college applications. Two are pursuing careers in music, with one majoring in Music Education and Performance at Ithaca College, and the other majoring in Fine and Performing Arts at Genesee Community College. Noting that cuts were made to the music department during the past two years, several mentioned that, although they were graduating, they would like underclassmen to have the same opportunities to grow in skill and confidence that they were given. All were particularly grateful and complimentary to music teacher Daniel Grillo, who they said has been an inspiration and mentor as well as a skillful teacher of music.

Update on 2012-2013 Budget Preparation
Business Administrator Scott Rozanski provided an update on the District's preliminary spending plan for the 2012-2013 school year, presenting a “roll-over” budget, or one in which minimal adjustments to the services provided in 2011-2012 (current)school year were made. This roll-over budget amounts to $40,622,313.

As noted previously, one significant change in expenses is an accounting change which affects the budget total but not the tax levy: in the past, instead of budgeting for such expenses as post-retirement and unemployment, those items were charged directly to the reserve funds - regarded somewhat as a sidebar to the budget. Now both are added into the budget figures as both an expense and a revenue, creating a larger number in both columns but no impact on the tax levy. Partly as a result of the accounting change, the budget shows an increase in expenses of $1.256 million or 3.19% over the current 2011-2012 school year. When the accounting change (which represented about two-thirds or $850,000 of the increase), is factored in, the real increase is about $403,000 or 1%.

The consequent tax levy needed to close the gap between roll-over expenditures and lessening revenue from such sources as State Aid, shows an increase of$980,957, or 5.515%. This amount is well over the District’s tax cap limit or threshold of 2.59%.

As mentioned in previous reports and news articles, the Tax Cap legislation is referred to as a 2% Tax Cap, when in reality, the “2%” figure is only one of the factors used in an eig determine each school district's and municipality's allowable tax levy increase that requires simple majority approval. Anything over that allowable limit or threshold requires a supermajority (60%) voter approval to pass. The School District’s Tax Cap Threshold is 2.59%; any higher increase requires a super majority of voter approval.

In order to bring the budget down to within range of a 2% to 2.59% tax levy increase, between $520,074 (for the 2.59% threshold) and $625,241 (for a 2% limit) would need to be cut from expenditures.

In providing direction to Mr. Rozanski on how to proceed with the budget, Board members agreed that preserving programs to whatever extent possible was a high priority. With that in mind, they opted to support a budget that does not exceed the allowable threshold increase of approximately 2.59%. This, they noted, will still require cuts totaling slightly more than a half-million dollars.

Board of Education Legislative Committee Chairperson Patrick Burk indicated that members of the NYS Assembly are working to restore approximately $178 million in aid through a more equitable basic Foundation Aid formula, while members ofthe NYS Senate or working to earmark $200 million in Gap Elimination Adjustment aid. Whether either of those efforts will succeed is unknown, and our budget preparation uses the projected figures released by the governor’s office.

School Consolidation Update
Superintendent of Schools Margaret Puzio requested that the Board provide direction on the much-discussed consolidation of schools. Weighing the difficulties and reluctance expressed by some families affected by the change against the educational efficiency and benefits of having grade levels in the same building and the financial benefits of being able to preserve more programs for students, the Board adopted the following resolution:

WHEREAS, the Batavia City School District has invested heavily in its facilities as an important vehicle through which it delivers its quality educational program; and
WHEREAS, Board of Education is charged with ensuring that District buildings are being deployed in the most efficient manner in order to provide the best possible educational opportunities for students at the lowest possible cost; and
WHEREAS, the Batavia City School District Board of Education has officially established the Buildings and Grounds Committee as a sub-committee of the Board to make recommendations regarding the condition and use of District facilities; and
WHEREAS, the Buildings and Grounds Committee is composed of a number of individuals including Board of Education members, District administrators, and a certified architect; and
WHEREAS the Batavia City School District Board of Education referred to the Buildings and Grounds Committee (June 7, 2011) the review of a possible building consolidation process that included the possible closing and reorganization of specific buildings for the purpose of increasing efficiency and reducing operational costs; and
WHEREAS, at various times public forums were held to obtain community input related to multiple options for building consolidation; and
WHEREAS, a final report was presented by the Buildings and Grounds Committee to the Board at the February 6, 2012 meeting, recommending the clustering of elementary grades Pre-K through 4 in two elementary buildings and 5th grade at the Batavia Middle School; and WHEREAS, the Board of Education has determined that it is in the best interest of the community to adopt the recommendations contained in the Batavia City School District Consolidation Feasibility Study.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS - the Robert Morris Elementary School shall close effective June 30, 2012, and Jackson Elementary will be converted to a facility housing primary students in grades Pre-K through 1, and John Kennedy Elementary will be converted to an elementary facility housing students in grades 2through 4, and 5th grade students will be educated at the Batavia Middle School. District administrators and necessary to effectuate the assignment of affected students who previously attended each school to another school building. While details of the plan have yet to be worked out, parents who are registering their child(ren) for kindergarten are still asked to so at their neighborhood elementary school.

Superintendent’s Report Superintendent of Schools Margaret Puzio reported briefly on several other items:

* Petitions     for election to one of the seats on the Board of Education are now     available and can be picked up in the Administration Building’s Business     Office. * Student     Artwork is on display in Richmond Library, with a celebration of the     artists scheduled for this Friday at 6:50 p.m. * The     Administration Building, currently up for sale, has had many showings,     much interest, but no offers to date. * There     have been inquiries about utilizing one of our school buildings if     consolidation was to take place; now those inquiries can be pursued. * Friday,     March 16, will be a full day of staff development, with the focus being on     implementing the new Common Core State Standards (CCSS) adopted by NYS.     The Staff Development focus will be on Common Core Literacy, with specific     attention on “Deconstruction of Common Core Standard” for identifying     learning targets, cognitive load, learning progression, and daily objectives;     “Close Reading” for making sense of complex text; “Building Academic     Vocabulary” for acquiring and comprehending more sophisticated vocabulary;     and “Writing to Respond to a Text-Dependent Prompt” for attending to persuasive and explanatory writing that utilize reasoning and evidence,   organized in logical ways. (The Common Core State Standards Initiative     is a state-led effort coordinated by the National Governors Association     Center for Best Practices and the Council of Chief State School Officers. The     standards were developed in collaboration with teachers, school     administrators, and other experts, to provide a common understanding of     what students are expected to learn, and a clear and consistent framework     to help all children become well-prepared for college and the workforce     through rigorous content and application of knowledge through high-order skills.)

Post-Graduation Report
Administrator of Student Assessment/Data Analysis Pam Buresch presented a summary of the District’s Post-graduation Report, obtained through working with the National Students Clearinghouse (NSC), a not-for-profit organization that tracks student enrollment in colleges. Ms. Buresch noted that tracking this information helps the District evaluate our academic programs and curriculum to assess their value in helping District students to be college andcareer ready, to align coursework with college and work expectations, and toensure a rigorous curriculum where students are prepared to succeed in a global economy and society. NSC tracks such things as the percentages of college enrollment; the timetable for enrollment (immediately after graduation orlater); the types of institutions attended - public or private, two-year or four-year; whether the institutions are in-state or out-of-state; the rate of freshman to sophomore year “persistence” (whether students return after freshman year); degree completion rates and timetables; and the most common institutions for enrollment.

Some ofthe findings indicate that college enrollment is typically in the mid-70% range, that our students are more likely to enroll in public institutions, aremore likely to enroll in-state, that enrollment has been higher for four-year institutions than two-year, and overall persistence rate is about 85%.

For more details, the full National Student Clearinghouse report is available on theBatavia City School District web page: http://www.bataviacsd.org/documents.cfmby clicking on the file folder labeled “District Forms and Publications,” then on the file folder labeled “District Information,” then on the document labeled “National Student Clearinghouse Graduation Report.”

District Calendar for 2012-2013
Deputy Superintendent Christopher Dailey announced that the calendar committee finalized the District Calendar for 2012-2013. It is available on the District’s website.

News from Batavia High
Student Ex-Officio Board Member Taylor Harkness reported to the Board that auditions for the High School play are scheduled, and that spring sports are starting. She also passed on a request that the Board look into inequity of improvements that have been made to the VanDetta Stadium site, noting that the boys’ locker room has received some updates and cosmetic improvements while the girls ’locker room has not, and still has, for example, only one bathroom stall. The matter was referred to the Buildings and Grounds Committee which will meet next week.

Local students encouraged to apply for Genesee ARC scholarship in human services

By Howard B. Owens

Press release:

Genesee ARC is accepting applications for the Genesee ARC Mary Anne Graney Memorial Scholarship Program. Three $1,000 scholarships will be awarded to high-school seniors interested in working in human services, special education or related fields.

Applications for the 2012 program are available at high school guidance offices throughout Genesee County or at the Genesee ARC website at www.gencoarc.com. Completed applications must be submitted by the April 1 deadline. Winners will be recognized at the Genesee ARC Annual Banquet & Awards Ceremony May 18 at the Clarion Hotel. The scholarship is named in memory of Mary Anne Graney, a special education teacher, who died in 2004.

The scholarship program began in 2006, when one $1,000 award was presented to Pavilion native Caylin Clark, now a teacher at St. Joseph School. During a recent interview, Caylin talked about what it was like to receive the scholarship recognition.

Where did you go to school and what did you study?

After graduating from Pavilion High School, I went on to SUNY Geneseo.  I graduated with a degree in childhood special education, and I also obtained an additional certification in math for grades 7-12.

Can you share your thoughts about being the first winner of the Genesee ARC Scholarship program?

Being the winner of the Genesee ARC Scholarship was a great experience. The money helped pay for some of my schooling. It was incredible to get a scholarship from Genesee ARC because I really enjoy the field of Special Education.

How long have you been teaching at St. Joseph School and what do you teach?

This is my second year teaching at St. Joe's and I teach sixth-, seventh- and eighth-grade math.

What other activities have you participated in that support people with disabilities?

During my freshman year of college I got involved in Special Olympics and have been very involved ever since. I coach four sports per year (basketball, floor hockey, volleyball and softball), traveling with the team for both regional and state level events. In addition to coaching, I also help run some events for the Genesee Region. The events include basketball skills, softballs skills and one track meet per year. I dedicate a lot of my time to Special Olympics and I really enjoy it.

Do you have any words of encouragement for seniors thinking about applying for Genesee ARC Mary Anne Graney Memorial scholarship program?

APPLY! Don't let the fear of not getting an award keep you from trying for it. I wasn't expecting to get it, but I applied anyway and it worked out really well for me. Also, if the students are majoring in education I highly recommend getting multiple certifications, special education, in particular!

Anyone with questions on the scholarship or application process may contact the scholarship chair, Genesee ARC Director of Development Shelley Falitico at 343-1123 or sfalitico@rochester.rr.com.

Grass fire blowing across Ellicott Street Road

By Billie Owens

A grass fire is reported just south of 4826 Ellicott St. Road. It is blowing across the roadway. Town of Batavia Fire Department is dispatched.

UPDATE 3:40 p.m.: Nothing was found. One engine is continuing to check the area. The other responding unit is returning to quarters.

UPDATE 3:47 p.m.: This may have been a lot of dust blowing around, which can give the appearance of smoke, according to a firefighter. They checked the area from the viaducts all the way to Batavia Town Line and Bethany Center roads and found no indications of fire. Town of Batavia is back in service.

Car injures pedestrian in Tops Market parking lot in Bavatia

By Billie Owens

A car has reportedly struck a pedestrian in the parking lot of Tops Market, located at 390 W. Main St. in the City of Batavia. There are injuries. City fire and Mercy medics are responding.

UPDATE 12:59 p.m.: A responder on scene reports there is no damage to the vehicle and the pedestrian is being treated at the scene by Mercy medics.

UPDATE 1:09 p.m.: City fire is clearing the scene. The patient is being taken to UMMC.

Batavia woman injured in accident avoided 'Leandra's Law' conviction after 2009 arrest

By Howard B. Owens

A 26-year-old Batavia mother of three young children who was among the first people in the state arrested in 2009 under "Leandra's Law" avoided a felony conviction in that case, reports WHAM 13's Sean Carroll.

Following her conviction on a single count of driving while ability impaired, Michelle Crawford also wasn't required to drive a car with an interlock ignition device.

Crawford was seriously injured in a single-car rollover accident in Byron last week and investigators say charges are pending in that case.

Erie County Judge William Boller who convicted Crawford of DWAI and three counts of endangering the welfare of a child, berated Crawford for putting her children in harm's way and then sentenced her to 60 days in jail and probation, according to video in Carroll's report.

At the time of the December 2009 arrest, Crawford's three children were 4, 3 and 17 months old.

"Leandra's Law," named after a little girl killed in a car crash involving an allegedly drunken driver, makes it a felony to drive drunk with children 15 years old or younger in the car.

The law also required anybody convicted of drunken driving to have an interlock ignition -- designed to keep a person who has alcohol on his breath from starting a car -- on any car the person might drive.

Carroll reports that Crawford was convicted of DWI in 2007 and that her license was revoked in 2009.

The car she reportedly drove March 8 was registered to a Batavia man whom Carroll reports Crawford was living with. Carroll said the car's owner was sleeping when Crawford allegedly took the car and he didn't know about the accident until seeing news reports the following morning.

Crawford's children are reportedly living with relatives in Erie County.

Law and Order: Pavilion resident charged with DWI following rollover accident in Perry

By Howard B. Owens

Mason Dumbleton, 20, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, unsafe speed, unsafe lane change and unlawful possession of marijuana. Dumbleton was reportedly involved in a motor-vehicle accident on Route 20A in the Town of Perry at 10:30 p.m., Saturday. Dumbleton's vehicle reportedly left the south side of the road, struck a driveway culvert and a utility pole causing it to go airborne. The car landed on its roof. Dumbleton reportedly suffered minor injuries and was treated at the scene.

Daniel Norman Brown, 39, of Lake Street, Le Roy, is charged with criminal contempt, 2nd. Brown is accused of placing a phone call to a person he is barred from contacting. Brown was also arrested the day before, on Sunday, and charged with harassment, 2nd. Brown was accused of grabbing a woman and pushing her down.

Enoch Ronald Cole, 61, of Lake Street Road, Le Roy, is charged with harassment, 2nd. Cole allegedly punched another person in the back.

Kevin James Hodge, 28, of Valley View Drive, Batavia, is charged with petit larceny. Hodge is accused of stealing $66.21 in merchandise from Kmart.

Kathryn Ann Tordy, 45, of Sheriden Drive, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, improper left turn and failure to keep right. Tordy was stopped at 12:34 a.m. Saturday on Remsen Road, Pembroke, by Deputy Kevin McCarthy.

Daniel Jay Balduf, 20, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and insufficient tail lamps. Balduf was stopped at 3:35 a.m. Saturday on Angling Road by Deputy Kevin McCarthy.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens allegedly entered and remained unlawfully in a hotel room.

Jill Ann Fulater, 59, of Shepard Road, Batavia, is charged with DWI, driving left of pavement markings and improper right turn. Fulater as stopped by Deputy Kevin McCarthy at 4:20 a.m. Sunday on Route 63, Batavia, following a complaint of an erratic driver.

Timothy Ryan McJury, 24, of Madison Street, Batavia, was arrested on a bench warrant for petit larceny. McJury was arraigned in Town of Batavia Court. McJury was arrested on a city court warrant for parking violations. McJury was jailed on $1,000 bail.

A 17-year-old resident of Warboys Road, Byron, is charged with unlawful possession of marijuana, speeding (75 mph in a 55 mph zone) and driving on a junior license (state Class DJ) after 9 p.m. and driving on a DJ license with two or more passengers under age 21. The youth was stopped at 1:13 a.m. Sunday on Buffalo Road, Bergen, by Deputy Timothy Weis.

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