Alpina Foods officially opened its yogurt-making plant in Batavia's new ag-park with a ribbon-cutting ceremony and tour Monday afternoon, which was attended by local dignitaries and state lawmakers.
Truck unloading station
Alpina Foods office
Quality control lab
Batch blending room
Fermentation and culturing room
Cup-filling machine
Batavia High’s Varsity Football Head Coach Brennan Briggs (2004 BHS graduate) and Science teacher Elena Chmielowiec (2006 BHS graduate) participated in homecoming each year while attending the high school.
Briggs was the starting quarterback and Chmielowiec was a varsity cheerleader. Both experienced a more permanent homecoming when they returned to their alma mater as staff members and to Batavia, a city they are proud to call home.
In addition, Briggs and Chmielowiec are both following in their fathers’ footsteps.
Jim Briggs was a Physical Education teacher and the varsity football coach at Gates-Chili for more than 30 years.
From the time his only son, Brennan, was born, he spent his fall Friday evenings at his father's games. Brennan grew to love football and has become a continuous student of the game. When asked about his coaching mentors, he is quick to give credit to his father (first and foremost), and his own coaches.
He describes how he has been able to choose aspects from every coach he has learned from and adopt the things that fit for him. He doesn’t stop at learning all he can from the coaches he knows personally.
A copy of the book "How Good Do You Want to Be?" by University of Alabama’s Coach Nick Saban lies on the desk next to him. When asked about the book, he smiles and says, “I’ve read it, along with the books of (Auburn University’s) Gene Chizik and (Seattle Seahawks’) Pete Carroll.
“No matter how long you coach, you never stop learning. I don’t want to get to the point where I accept where I am and stop striving to improve.”
Briggs’ vision includes goals for Batavia
“I’d like to see the Batavia football program back in its winning position. We need to start with a winning record, then set our goals on a sectional championship and just keep moving on from there.”
The success of the Batavia football program is obviously important to Briggs, a true competitor; however it’s hard to tell whether it trumps his underlying motivation for the success of the individuals he is tasked to lead.
“I want to see our student athletes placed in the best position they can to succeed, not just in high school, but throughout their lives.”
It is Briggs’ former teachers and coaches at Batavia and at college in Homer that helped him develop a desire to influence student athletes.
“All my high school coaches provided guidance to me; however, Coach John Kirkwood (his modified football coach and sports medicine teacher) taught me to work hard and good things will come from it. Coach Kirkwood has always been a hard-working man, and he respected my work ethic, so we related to each other very well.”
Briggs is also quick to credit teachers with impacting him and specifically recalls the influence of Global Teacher Nan Zorn.
“Miss Zorn was strict, and she made things fun. I worked hard, and I did goof around a little bit. She appreciated my sense of humor while challenging me to learn and grow at same time.”
Briggs can easily describe why he chose to return to Batavia. He says that he loves this community, because his family is here and he wants to continue to make this city his home. When asked about the size of his own family, he responds in an unexpected way: he first explains how many siblings each of his parents have, and then he goes on to talk about his own two sisters and nephews.
Briggs’ sense of family is broad and deeply ingrained in his sense of self. When talking about his hobbies outside of work, he is enthusiastic in his description of the family cabin in the Southern Tier and his love of hunting and fishing.
He can quickly articulate a goal for hunting -- to get a trophy buck. In speaking about his hunting record so far, it is not surprising that Briggs is patiently awaiting the perfect target -- there will be no waste to his methodical pursuit of this goal nor any other.
Unfortunately, Briggs did not experience a homecoming win while playing football for Batavia. When asked if he thinks Batavia can defeat Hornell, Briggs lights up and says, “my dad says Vandetta Stadium is made for snapping streaks. Notre Dame High School snapped Cal-Mum’s 49-game win streak in 1981, and we are looking to snap Hornell’s 42-game win streak.”
I have no doubt that Briggs will eventually lead Batavia to a sectional championship. His pursuit will be purposefully sought and patiently waited upon. When it does come, the opponents will be surprised -- a little like Briggs’ future first trophy buck -- unprepared and suddenly discovering itself as a bowl of venison stew at a very large Briggs family feast.
Elena Chmielowiec “inherited” her love for science from her dad. Don Chmielowiec, an Earth Science teacher at Brockport High School, taught Elena, through his own passion, to be both amazed at and inquisitive about the Earth.
Don has supplied rocks for Ward’s Science Supply Company for as long as his daughter can remember.
“When I was growing up, we went on rock-hunting expeditions all over the Northeast. We searched for fossils or specific rocks with a certain kind of color or texture, and I loved it. My Dad loves rocks, and I love stars...I was just destined to be a nerd.”
Chmielowiec knew, from the time she was in third grade, that she wanted to be a teacher. Other than her father’s influence, she was greatly affected by Sarah Grammatico, her teacher in both third and fourth grades.
“Mrs. Grammatico is the reason I wanted to become a teacher. She had a way of teaching and caring at the same time that made you just want to do well in her class. I wanted to be able to make the same difference in the lives of students that Mrs. Grammatico had made in mine.”
During her four years at Batavia High School, Chmielowiec joined the varsity cheerleading squad.
“We were terrible when we first started, and the other squads made fun of us at competitions. Kristen Shamp (Glow) was our coach, and she was determined to build the cheerleading program into something Batavia could be proud of.”
Coach Shamp drove the team to learn all they could about cheerleading.
“We attended camps, and studied the winning squads," says Chmielowiec, “and we worked through the spring and summer to learn to stunt and improve our gymnastics abilities.”
Chmielowiec also gives credit for their success to the families of the cheerleaders.
“Every family was involved and worked together to ensure that the squad had everything it needed. It was a year-round commitment for all of us.”
The result of this hard work was that the squad won sectionals her senior year and went to nationals.
“We went from the laughing stock of the section to winning sectionals in those four years. That whole process really built up my confidence.”
When it came to homecoming, Batavia never won a homecoming game while she was in high school, but Chmielowiec is quick to point out that fact didn’t make homecoming week any less amazing.
“I loved performing at the pep assembly, attending the bonfire, the powder puff games and hall decorating. We still have most of those traditions today.”
Chmielowiec’s desire to become a teacher in Batavia seems almost destined. After graduating from Brockport with a degree in Science Education, she applied for only two teaching positions -- one in Batavia and one in Hawaii. (Chmielowiec decided to apply for a teaching position in the Maui City School District after she and her family traveled to Maui upon winning a trip from the Regis and Kelly television show.)
After completing a student teaching job in Batavia, Chmielowiec received a call that she had been granted an interview in Maui; however, in the same week, she received a job offer from Batavia High School, where she had performed her student teaching.
“There was no doubt in my mind. I wanted to be in Batavia.”
Chmielowiec was highly motivated by her dad’s approach to teaching and to life: “When I saw my Dad being successful, even on the days he was frustrated with his job, it taught me to power through and go back the next day ready to make a difference.”
She realized the difference her father had made in the lives of his students from the feedback he has gotten and continues to receive from former students.
“One of my former students searched and found my sister on Facebook and told my sister what a difference I had made in her life, and that kind of comment makes it easy to overcome the tougher aspects of the job.”
Chmielowiec hates to see students wish away their high school years.
“It’s important to be involved and make the most of high school,” she says. “Once it’s over, you can never get that time back, so you need to embrace each day by learning all you can, both academically and with extra curricular activities.”
When she’s not teaching, Chmielowiec enjoys spending time with her flat-coated retriever "George."
“I call him Geo, because it means Earth,” laughs Chmielowiec. “We enjoy hiking, running and walking. He’s 60 pounds, but he thinks he’s four pounds. I’m thinking of bringing him to school, because he’d be a nice addition to my classroom.”
It’s doubtful Chmielowiec’s students will spend time with Geo in the classroom. However, it’s quite possible they may run into Chmielowiec and Geo searching for rocks in a local park or marveling at their favorite constellations in a clear Batavia evening sky.
Big event in Batavia today that I wish I could have attended and covered -- the grand opening of the Alpina yogurt plant. We did assign a photographer and should have more coverage later, but meanwhile, here's the official photo and press release from Alpina:
Alpina Foods today celebrated the official Grand Opening of its first North American manufacturing facility, the latest yogurt plant to open in Upstate New York. Though the 67-year-old company has sold its broad line of dairy products in American markets for several years, the Batavia, N.Y. facility is its first plant in the U.S.
Joined by U.S. Congresswoman Kathleen Hochul, New York State Senator Michael Ranzenhofer, and Empire State Development President and CEO Kenneth Adams, top officials from Alpina Foods and its Colombian parent company, Alpina, marked the occasion with a ceremonial ribbon cutting.
“This is a momentous day for Alpina,” said Julian Jaramillo, Alpina’s CEO. “We would like to recognize the many people and organizations across the state that have helped make this moment a reality. We are excited to get started and continue to grow along with our employees, the region, and the yogurt industry in New York.”
The Alpina Foods plant already employs 30 new employees, and expects to hire at least 20 additional team members in the coming months. This is in addition to the 20 employees located in Alpina Foods’ Miami offices and in regional positions elsewhere in the U.S.
Over the past year, with the help of co-packing partners, the company has launched several new products for U.S. consumers: Alpina Revive Greek yogurt, Alpina Restart traditional yogurt, Alpina Renew oat smoothie, Bon Yurt by Alpina low-fat vanilla yogurts, and Juan Valdez Café Latte by Alpina.
“Today’s opening of Alpina Foods marks an exciting new phase of economic development in Genesee County and Western New York,” said Rep. Hochul. “With the initial creation of up to 50 jobs, Alpina will significantly contribute to the economic vitality of the region. I look forward to working with Alpina, the Genesee County Economic Development Center, and local farms as we work to strengthen Western New York’s economy.”
"The State Legislature, working with Governor Cuomo, has made tremendous strides in improving New York State's business climate,” said Senator Ranzenhofer. “Especially during the last two budget cycles, the decision to cut spending and lower taxes has signaled to many companies that New York is the right place to do business, and for many yogurt companies, such as Alpina, it has positioned Genesee County and Batavia as the 'Yogurt Capital' of the world. I applaud Alpina for opening its first U.S. facility in the Genesee Valley Agri-Business Park."
Drawn by access to the thriving agriculture and dairy industry of Upstate New York, along with a ready labor market, Alpina chose Batavia for its 10th global manufacturing facility, following locations in Colombia, Ecuador and Venezuela. The company worked closely with the State’s Excelsior Jobs Program and numerous state and regional economic development organizations on the location of the 10-acre site, and was further attracted to the region after its work with nearby Cornell University and Rochester Institute of Technology.
“Under Governor Cuomo’s leadership, the production of Greek yogurt has become a critical job creator and driver of economic activity in New York State,” said Empire State Development President, CEO & Commissioner Kenneth Adams. “A number of major yogurt manufacturers have taken advantage of this region’s existing infrastructure, including the Genesee Valley Agri-Business Park, which is available for dairy processing, as well as its skilled workforce, proximity to milk supply and ability to reach target markets. We welcome Alpina Foods to the U.S. and are so proud that they have chosen to locate its first specialty yogurt plant in the U.S. right here in Genesee County.”
All Upstate New York residents are likely to appreciate Alpina Foods’ new location. The company is well known for its commitment to the communities in which it operates. With a philosophy that leadership refers to as “collective prosperity,” Alpina Foods wants to transfer success beyond the company, and positively impact the surrounding community, including their employees, business partners, the environment, and others in the region.
“We are committed to our success in Batavia and the U.S.,” said Alpina CEO Julian Jaramillo. “It is our corporate practice to grow with our surroundings, hand-in-hand with our neighbors.”
Photo, from left: Juan Pablo Fernandez, GM, Alpina Foods; Julian Jaramillo, CEO, Alpina; Roger Parkhurst, Director of Operations, Alpina Foods; Congresswoman Kathy Hochul; state Senator Michael Ranzenhofer; Kenneth Adams, President & CEO, Empire State Development.
A child riding his bicycle was allegedly struck by a red pickup truck last seen heading west on Main Street in the City of Batavia. The child reportedly does not require medical attention. The accident occurred at West Main Street and Monclair Avenue and afterward the child went to a relative's house on Oak Street. His father is going there to pick him up now.
St. Joseph's School was reportedly burglarized on Thursday, according to Batavia police Det. Charles F. Dudek.
Police received a call that a window had been pried open to gain entry and a cash register was removed from a kiosk in the cafeteria. The register was found near the exterior of the school. There was an undetermined, but likely very small, amount of cash in the register at the time it was stolen. Nothing else appeared to be disturbed. The school is located at 2 Summit St.
Anyone with information that could aid the investigation may contact the detective at <Dudek@BataviaNewYork.com>, call dispatch at 345-6350, or call the confidential Tip Line at 345-6370.
A one-vehicle rollover accident is reported at 7949 Telephone Road in Pavilion. The driver is out and walking around. He reportedly told dispatch he fell asleep at the wheel and his vehicle rolled multiple times. He claims to have no injuries, but Mercy medics are responding to check him out. Law enforcement is also responding. The location is between Linwood and Asbury roads.
UPDATE 2:52 p.m.: A medic on scene confirms the healthy condition of the driver, save for a couple of nicks on his fingers. He warns that the accident has "upset some bees -- there's bees all over the place."
A woman who went to an Alexander residence to buy rabbits called dispatch to complain about the conditions she claimed she found on Walker Road. According to the caller, there were lots of animals on the premises that appeared to be emaciated and uncared for. She also noted that a stinking odor was coming from the house.
Karen Crittenden, of Pavilion, has opened a new arts and crafts store in Downtown Batavia. It is called "Karen's Yarn Paper Scissors" and is located at 39 Jackson St., a few doors down from the recently opened "Sweet Pea's Cupcakery Café."
Store hours are 11:30 a.m. to 6 p.m. Tuesday through Thursday, and 10 a.m. to 8 p.m. Friday and Saturday.
A grand opening with door prizes will be held on Tuesday.
Crittenden said this store features yarn and paper products that are not available at other stores, in addition to having an atmosphere of personal service.
"I will talk with you to find out what you like," she said. "And if I don't have it, I'll order it."
If customers are not sure of how to use certain items, she is happy to help them out. And it doesn't matter if someone bought the items at "Karen's Yarn Paper Scissors" or at another store. Crittenden is happy to help anyone who asks.
"It's all part of service with a smile," she said.
In fact, in response to customer comments, Crittenden is offering classes at the store next month, including beginner's crocheting and beginner's scrapbooking. She also plans to offer a craft group.
People can provide their email addresses to receive a message at the beginning of each month informing them of upcoming events and offerings at "Karen's Yarn Paper Scissors."
"I won't bombard people," Crittenden said. "The only other time I would email them is if something changes (in the monthly schedule, etc)."
For more information, call the store at 219-4480 or email karensyarnpaperscissors@gmail.com.
More pictures (click on headline):
The Michael Napoleone Memorial Foundation held a "Foundation Awareness Day" at Lions Park Saturday during the Batavia Bulldawgs football games. The Foundation was established in 2007 in memory of Michael C. Napoleone, who died from Burkitts Lymphoma/Leukemia, an aggressive form of blood cancer.
Some of the things the foundation has done since its inception are: Contribute more than $35,000 for pediatric cancer research; assist more than 180 families; and give $95,000 in support; give $3,500 for items on the clinic's wish list for patients at the Pediatric Treatment Center at Golisano Children's Hospital at the U of R Medical Center; and donate more $17,000 to youth sports and other youth organizations.
Please visit www.michaelshope.org to learn more about, or contribute to, this wonderful organization.
Christen Napoleone presenting a check for $500 to the Batavia Bulldawgs Organization
Attica High School senior Ashley Brotherton telling her story about surviving cancer.
Bulldawgs team jerseys were presented to Laurie and Mark Napoleone.
In the picture are Ellen DellaPenna, Griffin DellaPenna, Laurie Napoleone, Ben Humes (Bulldawgs vice commissioner), Mark Napoleone, Matt DellaPenna, and John Reigle (Bulldawgs commissioner).
A high-speed chase that started in Covington, made its way into Genesee County, and ended in Leicester may have begun because the driver had a revoked license, State Police say.
Shawn E. Wallace, 41, of Rochester, is charged with reckless endangerment, 1st, a Class D felony, unlawful fleeing of police and several traffic violations in multiple jurisdictions.
According to State Police, a trooper stopped a 2000 Mercedes on Route 19 in Covington on Friday for alleged traffic violations. Upon approaching the vehicle, the Mercedes allegedly fled at a high rate of speed.
Troopers pursued the vehicle into Genesee County on Route 63 and lost sight of the vehicle near Route 246.
Area law enforcement agencies were advised to be on the lookout for the vehicle and it was spotted a short time later on Route 20A, heading east toward Livingston County.
Troopers and Village of Perry police again attempted to stop the Mercedes and the vehicle allegedly fled at a high rate of speed.
During the second pursuit, the Mercedes allegedly nearly struck a state police vehicle head on.
The pursuit continued onto Perry Road into Leicester. After crossing Route 36, the Mercedes headed down a dead-end road and left the paved highway.
Following a short foot pursuit, Wallace was taken into custody.
Following arraignment, Wallace was placed in the Livingston County Jail without bail.
No injuries to either Wallace or law enforcement officers were reported as a result of the incident.
Laurie J. Lerkins, 35, of 8 Erie St., Le Roy, is charged with unlawful possession of marijuana. Lerkins was reportedly driving a vehicle stopped on Wolcott Street by Le Roy PD early Saturday morning for alleged broken tail lamp. Upon investigation, officers found Lerkins allegedly possessed multiple small bags of marijuana. During the stop, police identified Jose Del Carmen Hernandez-Zarate, 26, and with the assistance of the Border Patrol determined Hernandez-Zarate, who was reportedly working on a farm in East Bethany, was in the country illegally. Hernandez-Zarate was turned over to the Border Patrol for immigration proceedings.
Laszlo Szabo, 59, of 8687 Keeney Road Le Roy, is charged with felony DWI, aggravated driving with a BAC of .18 or greater and improper right turn. Szabo was observed Sunday night making an allegedly wide right turn of Mill Street onto Lake Street, crossing fully in to the oncoming traffic lane. Szabo was stopped by Le Roy PD and subsequently arrested.
Booker T. Ricks III, 41, of 7 Chestnut St., Apt. #1, Batavia, is charged with criminal obstruction of breathing or blood circulation. Ricks was allegedly involved in a domestic incident and is accused of choking a victim.
John W. Williams III, 20, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, uninspected vehicle and unlicensed operator. Williams was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Sgt. Dan Coffey.
Joseph Alan Home, 21, of West 5th Street, Erie, Pa., is charged with unlawful possession of marijuana. Home was stopped for allegedly speeding at 8:35 p.m., Sunday, on Ellicott Street Road, Batavia, by Sgt. Greg Walker. Home was allegedly found in possession of marijuana.
Raymond Kyle Jonathan, 23, of Bloomingdale Road, Alabama, was arrested on bench warrants related to charges of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jonathan was arrested at his place of employment in Clarence and jailed on $250 cash bail or $1,000 bond.
Miguel Angel Valencia, 37, of Halfianen Street, Grand Junction, Colo., was arrested as a fugitive from justice. Valencia was an inmate at the Buffalo Federal Detention Center in Batavia. Valencia is wanted in California on a child molestation charge. Valencia was arraigned and jailed without bail awaiting extradition.
Jerrell Jordan Travis Jones, 24, of North Spruce Street, Batavia, was arrested on a warrant for alleged failure to pay fine. Jones was arrested upon his release from the Genesee County Jail, where he was held on an unrelated matter. Jones was arraigned on the charge and released.
Robert L. Murray, 36, of Darien, is charged with felony DWI. Murray was stopped by troopers Sunday on Route 5 in Batavia. Murray's BAC was allegedly .15, according to State Police.
Dylan T. Rotella, 19, of Rochester, is charged with unlawful possession of marijuana. A trooper reportedly came upon an unoccupied vehicle with its doors open outside a Batavia business and upon locating and interviewing Rotella, it was determined he allegedly possessed marijuana.
Robert L. Knight, 44, of Rochester, is charged with petit larceny, criminal impersonation and consumption of alcohol in a motor vehicle. Troopers responded Saturday to a report of a subject trying to steal scrap metal from Bergen Auto Recycling. Employees of the business detained Knight briefly until troopers arrived. Upon arrival, troopers determined Knight allegedly hid scrap metal in the trunk of his vehicle. When interviewed, Knight allegedly provided troopers with a false name. He was jailed on $1,000 bail. Robert L. Knight Jr., 18, of Rochester, was determined to be the alleged driver of the vehicle and he was charged with unregistered motor vehicle, uninsured motor vehicle, switched plates, and operating without a driver’s license.
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Elba/Byron-Bergen took a 24-7 lead into the final three minutes of its game Saturday against Notre Dame and barely escaped with a victory.
The Fighting Irish mounted a pair of scoring drives and then recovered an onside kick before the Lancer defense snuffed Notre's hopes of going 4-0 on the season.
Instead it's Elba/BB that is 4-0, tying them for the Genesee Region Conference lead with Attica, which beat Alexander 39-6.
Zach DuBois again dominated on the ground, carrying the ball 35 times for 245 yards and one TD. QB Zac Gillard was 5-8 passing for 108 yards. Gillard tossed a 55-yard TD reception to Kyle Morse and scored on a one-yard run.
Notre Dame's Tim McCulley led the Irish offense with 225 yards in the air, completing 11 passes on 20 attempts. His big strike came with a minute left in the game, hitting Jared Thornton on a 12-yard TD pass.
A minute earlier, Andrew Mullen scored on an 18-yard run. Mullen scored twice on 11 carries for 56 yards.
Nick Taylor also carried the ball 13 times for Notre Dame for 73 yards. Mullen and Taylor also each caught the ball twice for 55 and 43 yards, respectively.
Charlie Hebert caught the ball three times for 38 yards and Thornton had two receptions for 38 yards.
For Elba/BB, Kyle Morse had three catches for 88 yards and Ryan Morse caught the ball twice for for 21 yards.
On defense, for Notre Dame, Josh Johnson had five tackles, Aaron McDonald, 6.5, Taylor, 6.5, Hebert, 5, and Mullen, 4.5. Hebert also had the team's lone sack.
For the Lancers, Brandon Naylor had 15.5 tackles, Nate Jonathan, 8, Andy Underhill, 5.5, and Jon Levchuk, 5. Naylor and Jonathan also each had two sacks and Underhill and Levchuk also both got to the QB once.
In other local football action:
Next week: Batavia hosts Hornell; Le Roy is in Perry; O-A is at Elba/BB; Attica plays Livonia; Pembroke travels to Notre Dame; and Alexander is at home against Holley.
In a battle of unbeaten Genesee Region teams, the Notre Dame Fighting Irish and the Elba-Byron Bergen Lancers squared off Saturday afternoon.
A good part of the opening quarter was a defensive struggle before Elba quarterback Zac Gillard opened the scoring with a one-yard run. The point after attempt failed and the Lancers held a 6-0 lead.
Andrew Mullen returns the ensuing kickoff and later he put Notre Dame on the board with a short run. The point after was good and Notre Dame led 7-6 at halftime.
On Elba's first series of the second half, Zac Gillard hit Kyle Morse with a 55-yard scoring strike and a missed conversion left the Lancers with a 12-7 lead.
Zack DuBois is off and running.
Kyle Morse signals touchdown after DuBois' 10-yard scoring run. Another failed point after conversion gave the Lancers an 18-7 lead.
Fullback Jon Levchuk's one-yard run in the fourth quarter extended Elba's lead to 24-7 and with their defense playing soundly, the Lancers seemed to have the game well in hand.
But things were about to take a dramatic turn.
In the later stages of the fourth quarter, the Fighting Irish began to move the ball downfield, capping the drive when Andrew Mullen scored his second tochdown of the day on an 18-yard run. Tim McCulley passed to Jared Thornton for the 2-point conversion and cut Elba's lead to 24-15.
After the kickoff, Elba fumbled the ball away and Notre Dame was back in business. McCulley hooked up with Jared Thornton once again, this time for a touchdown and Notre Dame closed to within 24-21 after a failed conversion.
With about a minute to play, an onside kick was recovered by Notre Dame's Zack Blew at the Elba 45-yard line. But on the first play from scrimmage, Elba's Andy Underhill sacked QB Tim McCulley for a nine-yard loss. Two plays later Brandon Naylor chipped in with another sack and Elba took over on downs and ran out the clock for the win.
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Tenants who were reportedly evicted from their residence at 132 147 Ross St. left their two dogs behind to fend for themselves, according to a neighbor who called dispatch. A police officer is on scene.
A man claims his girlfriend struck him with her vehicle in the parking lot behind the Genesee County Jail on Main Street. He reportedly has an arm injury. The driver has since left the scene. City police and Mercy medics are on scene.
A fire alarm has sounded at Willow Hall in College Village, located at 8170 Batavia-Stafford Townline Road. Town of Batavia Volunteer Fire Department is responding.
UPDATE 4:38 p.m.: Firefighters on scene report "nothing showing."
UPDATE 4:40 p.m.: The alarm was caused by burnt food in room I-101. The town assignment is back in service.
The amount of money that former Bergen resident and convicted felon Michele Ann Case will have to repay her former employer is still unresolved following a hearing in Genesee County Court on Thursday. The hearing is to be continued at 4 o'clock, Monday, Nov. 5.
The registered nurse, found guilty by a jury of third-degree grand larceny in March, supposedly took $14,650 from her former employer. That's the amount HomeCare & Hospice maintains it paid Case based on inflated mileage records and fraudulent "call in" claims she submitted between January 2009 through January 2011.
In addition, the company is seeking reimbursement for $7,000 it says it spent to investigate Case.
But claiming it and proving it to Judge Robert C. Noonan are two different matters entirely.
Under state law, a person convicted of third-degree grand larceny, a Class D felony, must pay restitution of $3,000 or more -- but it cannot exceed $50,000.
So, she'll have to pay at least $3,000 but any amount over that is something the judge must decide based on the proof provided.
He set an attorneys' conference on Oct. 11 wherein Public Defender Gary Horton and District Attorney Lawrence Friedman will update the judge on the status of evidence to be culled from trial transcripts and affidavits, testimonials or other sources to pin down how much money Case will be required to repay.
The transcripts are completed but they need proofreading before they can be released. The transcripts are also necessary because Case is appealing her conviction. She was sentenced to four months of intermittant jail time and five years probation.
On Thursday afternoon, Horton called four of the six witnesses present to testify. In his low-key style, leaning on the corner of the defendant's table with his right hand in his pocket, he questioned the women about their investigation of Michele Case.
Deborah Browne, the company's nursing services manager who works at the Warsaw office, testified that she pored over paper charts to verify Case's documentation of her nursing visits for the period of April through September 2011 logged to the Warsaw office.
Browne said she met with the human resources director and reviewed the information with her. When paper files were missing information, she attempted to find the information in the company's electronic database. She said they were in the process of transferring paper files into electronic databases.
Horton asked her to estimate how many paper files she reviewed. She indicated with her hands that she reviewed a rectangular box about three and a half feet long, and said it was full of about 40 to 45 files that documented nursing visits. Of those, she thinks "30 to 40" visits were questionable, but said she couldn't remember and that she couldn't always backtrack through the labyrinth and locate the patient.
She checked the paper cargo on several occasions but did not keep track of her time while specifically performing this task.
The 56 hours she swore to spending on her investigation in a signed affidavit were an estimate, she said, adding that the work also included meetings, phone calls, etc.
Friedman objected, and questioned the testimony's relevancy.
"I'm trying to ascertain the bulk of the work for those hours," Horton said.
Noonan overruled the objection.
"Did you prepare any written report of your findings?" Horton asked.
Browne said she made notes and passed them along to her supervisor. They were maybe a page long and took her 15 to 30 minutes to write, but she didn't keep track of her memo-writing time.
Altogether, she figures she spent "at least 59 hours" on the Case work.
On cross examination, Friedman seized on the inconsistency of her time estimates -- in the affidavit, she swore to 56 hours, now she says it was 59 hours or more.
Either way, Horton countered, they are both simply estimates.
Kathleen Miller, the director of clinical services, testified that "we had so many visits where we could not find the patient. ... That was quite an expensive search -- matching the patients with the visits."
When asked if she could quantify the number of patients or visits or the time spent matching them up, Miller replied "I can't tell you that, sir."
Miller said she reviewed the paper files of mileage claims for the Olean, Batavia and Warsaw offices. But to determine where Michele went, they had to access the patients' electronic records.
"How often did you have to do that?" Horton asked.
"I can't say -- hours," Miller said, adding that if she needed to travel, say, from Olean to Batavia to investigate, it could turn into "a 10-hour day."
Under Horton's questioning, Miller went on to testify that she did not put her findings in writing. If a visit couldn't be documented, there was no note made of the fact. She said she did not keep track of time she spent investigating; and that all throughout she was doing other tasks as needed.
Horton asked her if Browne had sent her a memo about the investigation, which Browne earlier testified to doing.
"I'm not sure, that was months ago," Miller said.
"Do you think you have anything like that (memo) in your possession?" Horton asked.
"I find it unlikely," Miller said.
Jodi Miller, an executive assistant for HomeCare & Hospice, testified that she was asked to help prepare for the lawsuit by searching MapQuest for mileage determinations, sending emails, faxes, setting up meetings, etc.
"How many MapQuest mileage determinations do you think you made?" Horton asked.
"I can't say," Jodi Miller said. "Weeks of my time was taken up with this."
Her affidavit specified 78 hours and she said that was an estimation because she did not make note of the time she spent on her lawsuit-related work.
Well, then, how did you arrive at the estimate of 78 hours? Horton inquired.
"One week (my supervisor) was gone all week and I spent that time (on the case) and then a couple of days before that," the executive assistant said.
At one point, Horton asked her if she recalled making copies of documentation for the former human services director and she did indeed.
"How many copies did you make?" Horton asked.
"I have no idea," she said.
The last witness to take the stand was an eight-year employee of the company, Kimberly Childs, an administrative specialist.
She testified that her boss asked her to verify Michele Case's nursing visits.
"How many?" Horton asked.
"There were a lot," Childs said, adding that she figures she spent two hours a day, three times a week on the task for a month.
But Horton noted that the company's CEO had indicated in the court record that Childs put in 14 hours.
"(The CEO) probably wasn't aware of how much I was working on it," Childs said.
After the witnesses' testimony, Friedman asked that the mileage and staff time spent by the employees of HomeCare & Hospice to come and testify Thursday be documented and put into the court record.
Horton told Judge Noonan that he saw no reason to include that in the record.
"Make a claim. We can hash it out like everything else," Noonan said.
Then Friedman asked the judge to allow him to question the defendant about her income and household expenses. They are relevant because they will be used to determine her monthly restitution payment, which is set to start Oct. 1.
Friedman said she provided handwritten notes about what she purports to be her income and her estimated household expenses but hasn't testified about them under oath.
Case took the stand and testified that she now lives with her mother and two children in Attica and pays no rent. Her home is in foreclosure. She has two jobs -- one at an abrasive products company in Lockport and one cleaning offices in Akron. During her trial, it was noted that she also receives $600 a month in child support.
She estimates that beginning Oct. 1, she will begin paying $550 a month rent for an apartment in Attica.
But under questioning by Friedman, she acknowleged that she does not have a lease signed and has not talked to the prospective Brooklyn Street landlord. She said her mother has spoken to him, but she doesn't know his name.
The DA questioned her $261-a-month car insurance payment and she said it was high because she had wrecked, "totaled," two vehicles within a 21-day period. Plus, she has monthly payments on a five-year loan for her current vehicle which she took out in January.
Laundry costs were also included in her household expenses.
"You mean your mother doesn't have a washing machine?" Friedman asked.
Case explained that, yes, her mother has a washing machine, but her estimate was based on her previous use of a laundromat, which she'll resume using once she's in the apartment she plans to rent.
She also based a claim of $175 a month for electricity on the amount she said she had been paying at her house that's in foreclosure.
"Nearly half the expenses she claims are for an apartment she doesn't have, owned by a landlord she's never met," Friedman subsequently told the judge, noting that it is all very "speculative."
The judge agreed and ordered Case to bring proof of employment when she returns for the conclusion of the hearing in November. Plus, he ordered her to make a lump sum restitution payment of $500, which is handled by the probation department, and provide proof of it.
Regarding her ongoing restitution payments, Noonan reminded counsel that the amount of the payments can be modified, but no additional victims can be added after restitution is set.
Thus, HomeCare & Hospice's insurer would need to be added as a claimant so Case can be required to pay the $1,000 deductible on HomeCare & Hospice's policy, which covered its losses.
Submitted by Batavia resident Rachellyn Burek
I learned that my daughter, Zala Marie Cooper, had medical issues at around the age of 3. She has unusual difficulty dealing with change, and gets extremely upset. Her meltdowns can last from minutes to hours.
Zala is an animal lover. She would, and has tried to, take strays in off the street. She loves to draw. But because of her meltdowns, she has very few friends. Little things set her off. It could be a simple thing like a dinner change and she has a meltdown.
We heard about 4 Paws for Ability (a nonprofit agency) and their service dogs. We think obtaining a dog for Zala would be beneficial to her and us. It would be trained to distract and calm her when she has her meltdowns.
4 Paws has a unique approach to placement. They partner with their clients and by doing so can place dogs without a long waiting list. It will cost 4 Paws $22,000 to place a dog with Zala. We are committed to raising $13,000 in support of the 4 Paws mission and can reach our goal with your help.
If you can help us with a tax-deductible donation, please visit 4 Paws Donation Page (http://www.4PawsForAbility.org/donate-now) or mail a check with Zala’s name on the memo line to: 4 Paws for Ability In Honor of Zala Cooper 253 Dayton Ave. Xenia, Ohio 45385.
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