Meet Sundae Rose, a 4-year-old girl who is truly as sweet as her name.

Sundae loves nail polish, coloring, and putting together puzzles that should be too difficult for a girl her age. She also loves her big brother, Jack, and has been known to play "firemen" with him and her other friends as they ride on the back of her wheelchair. Although she's only had the chair for a year, she's an expert driver.

Sundae has Muscular Dystrophy, a disease that weakens the body's muscles. Her mother, Sue Duyssen, recalled how scary the diagnosis process was for her and her family. Sundae was only a year old.

"They narrowed it down to two kinds (of the disease)," she said as her eyes welled up with tears. "If it was one of the two, she wouldn't survive. The other kind, she could stay the same for the rest of her life or even get a little better."

Thankfully, it was discovered to be the latter of the two conditions, and Sundae enjoys her life, family and friends with the help of physical therapy, her wheelchair and a few other gadgets that help her along.

Some of the things Sundae needs to improve her health and quality of life are covered partly by the family's insurance plan -- but other expenses are not.

To defray the costs to the family, a fundraiser will be held in Le Roy called "Jammin' for Sundae." Fittingly, the event falls on Sunday, May 1.

The event starts at 1 p.m. and will be held at The Eagle (9 Main St.) in Le Roy. Tickets cost $20 and include a live show from the Skycoasters, a chicken BBQ dinner and soda. There will be 50/50 raffles and a Chinese auction as well. Tickets can be purchased at Papa John's Eagle, Five Star Bank, Java's on Main and The Hobby Horse in Le Roy.

For more information or to donate to the Chinese auction, contact Sue Duyssen or Kelly Stalica at Batavia Legal Printing, Inc. on Bank Street in Le Roy.

Angelo Merica III, the second driver in Wednesday's fatal crash that took the life of 37-year-old Jonathan Colby remains in guarded condition at Strong Memorial Hospital.

Family members are concerned that he may never walk again.

WBTA's Geoff Redick spoke with Merica's uncle, Jamie Merica, who said Angelo -- the father of two young children who recently moved to Batavia from Pavilion -- was planning to get married in July.

Now family members worry that he won't be able to walk down the isle.

"He's going to have a long, tough road ahead of him, for sure," Jamie said.

Though conscious and alert when he was extricated from his car, the 27-year-old Angelo Merica is now in an induced coma.

A possible truck fire is reported near the juncture of routes 19 and 63. Pavilion Fire Department is responding. Traffic control is requested.

UPDATE 1:36 p.m.: "What we have here is a blown turbo," says a responder. It's been "shut off." They are holding the assignment to one engine, nonemergency mode. But traffic control is still necessary. They are asking for some "speedy dry."

The Genesee County Soil & Water Conservation District is holding a tree and native plant sale at the fairgrounds today and tomorrow.

Most of the plants were pre-sold, but there are seedlings still available as well as flower seeds, bird feeders and bird houses.

The sale runs until 6 p.m. today and from 8:30 a.m. to noon tomorrow.

Above, George Squires, left, helps Charles Bartlett of Darien with his pine tree order. Below, Cindy Smith arranges some of the native plants that have been sold.

While there has always been a good number of gray squirrels nearby, this is one of the few fox squirrels I recall seeing near our home. That bushy tail may be one of the reasons behind their name.

About one and a half times the size of a gray, the fox squirrel is North America's largest. Here it's feasting on last year's box elder seeds.

Like the gray and red squirrel, the fox squirrel's color phase may vary from region to region.

Adding to its ample girth.

Smaller than both the fox and gray, the red squirrel, above, seems to be the feistiest of the three, particulary when defending its territory.

Here it's easy to see where the red got its name.   

The entire time I watched, this red seemed preoccupied in one of walnut trees growing along the north border of our property.

Here again, the red tends to a walnut tree. It seemed to concentrate on forks in the tree, perhaps enhancing future buds. Whatever, the red squirrels have established themselves in the area around the six walnut trees that are clustered into a small area. The gray squirrels, meanwhile, have been relegated to the hickory and oak trees back near the creek.

A suspected drug dealer allegedly struggled with members of the Local Drug Enforcement Task Force, causing minor injuries to two officers, when they attempted to arrest him Thursday evening on Liberty Street, Batavia.

Taken into custody, following an investigation into the sale, transportation and possession of cocaine in and around Le Roy and Batavia, was 21-year-old Craig A. Tiberio-Shepherd, of Lathrop Avenue, Le Roy.

Once Tiberio-Shepherd was taken into custody, members of the task force along with uniformed deputies and officers from Batavia PD and Le Roy PD, executed search warrants on Tiberio-Shepherd himself and his residence.

Investigators allegedly found a quantity of cocaine, a quantity of Suboxone (a controlled substance), numerous pieces of drug paraphernalia, drug packaging, digital scales and $310.

Following arraignment in Batavia City Court, Tiberio-Shepherd was jailed without bail.

Tiberio-Shepherd was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, assault, 2nd, and obstructing governmental administration, 2nd. In Le Roy Court, Tiberio-Shepherd was charged with criminal possession of a controlled substance, 7th, and criminal using drug paraphernalia, 2nd.

The injured members of the task force suffered twisted fingers and minor cuts and bruises.

Timothy J. Wood, 28, of 4 N. Spruce St., Batavia, is charged with endangering the welfare of a child. Wood was arrested following an investigation at 7:30 p.m., Thursday, of a 1-year-old baby being left unattended on the front porch of a residence. Wood was jailed on $2,500 bail.

Joshua L. Baltz, 35, of 29 Tracy Ave., Batavia, is charged with criminal obstruction of breathing or blood circulation, criminal mischief, 4th, and harassment, 2nd. Baltz is accused of being involved in a domestic incident on Wednesday. Baltz was jailed on $2,000 bail.

A 16-year-old resident of West Avenue, Medina, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Habibah Tywell Caldwell, 19, of Batavia-Stafford Townline Road, Batavia, is charged with trespass. Caldwell is accused of trespassing at College Village after being banned from the property.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with criminal contempt, 1st, unlawful imprisonment and harassment, 2nd. Leiser allegedly became involved in a fight with a protected person while in the Town of Batavia. Leiser was jailed on $15,000 bail.

Benjamin Gove Evans, 22, of West Main Street Road, Batavia, is charged with petit larceny. Evans allegedly stole property from Home Depot. Evans was located riding a bicycle on Washington Avenue and taken into custody. He was jailed on $10,000 bail.

Daniel J. Saeva, 31, of 6283 Sweetland Road, Stafford, is charged with harassment, 2nd. Saeva allegedly knocked another person down during an argument on April 10. Saeva turned himself in to Batavia Police after a warrant was issued.

Ricardo Brown, 21, of Cedar Avenue, Mount Vernon, is charged with assault, 2nd. Brown, originally from Jamaica, is a detainee at the Buffalo Federal Detention Facility on Federal Drive, Batavia, where he allegedly got into a fight with another detainee. Brown allegedly kicked the other inmate in the head several times. Brown was arraigned in Batavia Town Court and returned to the detention facility.

Funeral arrangements have been made for Jonathan Colby, 37, who died Wednesday morning in an auto accident on West Main Street Road.

A celebration of life service will be held at the Gilmartin Funeral Home, 329-333 W. Main St., Batavia. Calling hours will be Saturday from 2 to 4 p.m. and 7 to 9 p.m.  There will be no calling hours Easter Sunday.

In lieu of flowers, the family requests that memorials be made to the family for a college fund for his 7-year-old daughter, Aurelia.

Full obituary.

A pole is reportedly on fire on Alexander Road, south of the overpass past the first railroad track on the west side.

It's apparently the same pole that caught on fire at 4 a.m., Wednesday.

Town of Batavia Fire Department responding.

UMMC is making progress in dealing with a recent outbreak of Clostridium difficile, according to spokeswoman Colleen Flynn.

The number of patients being screened for potentially having C. diff has dropped from six last weekend to three.

And staff, using a sterilization machine designed to clean potentially contaminated surfaces, has learned how to use the equipment to exceed the manufacturer's standards for cleaning surfaces.

"We would really like the current cases to be the last cases," Flynn said. "We don't want any more hospital-acquired cases. We want to eradicate it all together."

Dealing with C. diff and other infectious bacteria is a concern for all hospitals, but the recent outbreak at UMMC brought the local hospital into the spotlight.

Flynn said staff noticed an uptick in C. diff cases before the news hit local media and began new procedures -- in consultation with the State Health Department -- to deal with the spike.

"We immediately took steps to see what else we could do," Flynn said.

When the weekend rolled around and the number of patients at the hospital (called the "census") dropped, staff was able to move patients out of some rooms and group patients together based on their treatment. The hospital also began extra sterilization procedures where necessary and increased staffing to stop the spread of the bacteria.

"We told the Department of Health what we would like to do and the Department of Health concurred that these were great steps," Flynn said.

From Feb. 28 to April 15, UMMC has reported 11 hospital-acquired cases of C. diff and six community-acquired cases (meaning the patients had C. diff before arriving at UMMC), according to Department of Health officials.

One patient who contracted C. diff died in March, but the cause of death has not been determined. The patient had other serious health issues and the cause of death may not have been due to C. diff.

Currently, there are five patients with C diff at UMMC. Four are being treated and one is in comfort care.

Every patient that displays C. diff symptoms -- particularly, diarrhea -- is tested for the bacteria.

Currently, only three patients are being screened, which Flynn said is a good sign the hospital's procedures are working.

"For what we usually see, this is a positive trend for where we want to be," Flynn said.

Tom Allocco, a spokesman for the Department of Health, said the spike in UMMC's numbers is not so great that it should cause public concern. When the department used the term "outbreak" in a previous statement, it merely signified an increase over previous reports of C. diff.

Flynn said UMMC went six straight months earlier in 2010 without a single case of C. diff and finished off 2010 with five straight months of no C. diff patients.

Flynn said the hospital recently purchased a machine designed to eliminate most C. diff bacteria on hard surfaces.

Staff followed the manufacturer's recommended cleaning solutions and procedures for sterilizing surfaces. Then, when scanned for the presence of live matter on the surfaces, the count came within the expected range.

However, that wasn't good enough for UMMC, Flynn said.

They tried again using extra friction and when they scanned again, there was no live matter at all on the surfaces.

"We learned something," Flynn said. "We learned, OK, use the solution mixture recommended by the manufacturer, but (by applying) more friction, we could bring the count down to zero."

In a follow up e-mail, Flynn provided this statement on UMMC's C. diff procedures.

Clostridium difficile precautions at UMMC:
If a patient is admitted with diarrhea, or develops it, while hospitalized and is being tested for C. diff, the patient is immediately placed on Contact Plus Precautions. This means that the STOP sign is placed under the room number so it can be seen before someone enters, and a Contact Plus Precautions sign is posted on the PPE caddy. It specifies that hands are to be washed with soap and water, to wash any spores that may have gotten on the hands of the person down the drain.

Batavia Sports Park has the OK to continue being a place to play soccer, lacrosse and rugby games, tournaments and much more -- with the full support of the town.

The Town Board board agreed Wednesday to spend about $60,000 on the Batavia Sports Park for an additional two years. The developers of the park plan to update the driveway, parking lot and add three more regulation-size soccer fields for community use.

Board members were glad to continue supporting the effort that they say has only benefited the town -- noting it's a good example of how cooperation between the public and private sectors can be for the good of all.

Supervisor Greg Post said a report a few years ago proved the need for more sports fields, so the Town of Batavia came up with a plan.

“Rather than spend public funds purchasing land and developing a facility, it was the town's thought to enlist those members of the committee that had access to and were willing to partner with us in the creation of the concept of an athletic complex (Batavia Sports Park) on the turf farms on Bank Street,” Post said.

The partnership provided a solution in several ways. The town didn’t have to purchase the property and take it off tax rolls, develop the property and buy turf to turn it into fields, or pay public employees to maintain it.

“We are quite pleased to have collaborated with the private sector and used the turf that’s already growing on the farms for these fields that now promote themselves with soccer tournaments, lacrosse and rugby as well as other community groups being able to use them,” Post said.

The town leaders agreed that funding the improvements and expansion of Batavia Sports Park is well worth the money, based on the savings already seen and the benefit the complex provides to athletes and their families.

A man wearing camouflage fatigues was reportedly in a town court within the past hour, refusing the judge's command to show his hands, which he had in his pockets. He apparently wouldn't leave either.

Not sure which court it was.

A Sheriff's Deputy responded and has the man outside of the building. No further word on the matter.

Dozens of homeowners along Route 5 could get a public sewer system if the Town of Batavia receives Community Development Block Grant funds.

The second of two public hearings regarding a proposal for the use of the CDBG money was held Wednesday evening. No one from the public attended.

Now the town will apply for $600,000 in CDBG grants to cover about half the cost of a putting in a public sewer line along a portion of Route 5.

Supervisor Greg Post explained that, “We have a concept plan to provide sanitary sewer facilities along Route 5 -- from the end of the existing district (near Duro-Shed, Inc.) -- that would go west to the mobile home park, which is just past Wortendyke (Road).”

He said residents along that stretch of roadway have septic tanks and most of those need repair or replacement. But that would be a serious financial burden for them.

“There are limits to what New York State will allow people to construct on facilities they have owned for generations,” Post said. “These extraordinary restrictions weren’t in effect when those houses were constructed and it leaves homeowners somewhat out of options as far as improving the value of their homes.”

About 75 residents would benefit from CDBG funds being used to install the proposed public sewer system.

“This differs from some other grant funding to improve the economic vitality or commercialization in a development," Post said. "This is essentially scoped around a residential aspect here. Using the funds this way will greatly improve the quality of their lives.”

When and if a public sewer system is installed, residents will have to connect a line to it within a certain period of time, although Post he didn't know offhand what the time frame was.

For the homeowners, there are several factors to consider, including how much they have invested in their current septic system.

As for how much it might cost residents to be part of a sewer district, Post says it's too soon to tell. The town hasn't yet applied for the grant.

"This is the first of many steps," the supervisor said.

The past year was another busy one for the Genesee County Sheriff's Office, with members of the department handling 21,334 calls for service.

While the number of calls for service was down, the overall number of calls to the dispatch center was up, according to Sheriff Gary Maha.

Increasingly, Maha said, people are using 9-1-1 or the 343-5000 number to seek all kinds of information and help.

When people don't know what to do, who to call, or after business hours for other government agencies, they call the dispatch center.

"That's fine," Maha said. "That's what we're here for -- to provide public service."

Dispatchers, Maha said, may not be able to help the caller directly, but may be able to point them to the right resource for help.

The Sheriff's Office released its 2010 annual report today, which breaks down most of the statistics related to call volume, number of criminal reports, accidents and arrests.

In recent times, in a bad economy, the Sheriff's Office has had more and more activity to deal with, Maha said, adding that less money leads to more police activity as well as tighter government budgets.

"We haven't asked for any more help," Maha said. "In our current budget situation, I certainly don't want to lay anybody off. That would put the public in jeopardy if I had to lay off any deputies and it would put my own people in jeopardy."

Maha said police services remain local government's number one priority.

"What kind of quality of life is it if you don't feel safe?" Maha asked. "If you're going to the store at night, or walking down the street, you don't want to worry about getting mugged. What kind of quality of life is that?"

Here's some highlights from the 2010 report:

More than 1,100 people were booked into Genesee County Jail. The highest single-day population was 99 and the lowest was 35. In all, 70,761 meals were served. Education services were provided to 116 inmates and 11 received GEDs.  Inmate medical expenses totaled $204,438.

There were 202 DWI arrests. Of those, 50 people age 21-24 were arrested for DWI, and 34 in the 25-29 age bracket. Males were arrested far more frequently than females, at 140 to 62. Saturday is the biggest DWI arrest day at 68 followed by Sunday at 43. Most arrests are between midnight and 3 a.m., with 83 total arrests during those hours. Two people arrested had a BAC of .31 or greater. A total of 43 people had BAC of .18 or greater. There were 27 felony DWI arrests.

There were 1,360 motor vehicle accidents handled by the Sheriff's Office. Of those, 202 were personal injury and five were fatal.

There were arrests made on 75 felony counts by the Sheriff's Office and 354 misdemeanor charges.

Crimes reported: 106 were burglary, 140 were criminal mischief, 155 were harassment, 367 were larceny, 133 were liquor law violations, and 117 were unlawful possession of marijuana.

In all, there were 1,680 criminal reports made in 2010.

There were 573 domestic incident reports.

Here's the number of calls for service by community:

Alabama: 770

Alexander: 844

Town of Batavia: 8,122

Bergen: 1,139

Bethany: 635

Byron: 695

Corfu: 252

Darien: 1,306

Elba: 728

Le Roy: 1,442

Oakfield: 1,059

Pavilion: 685

Pembroke: 1,628

This afternoon a jury returned a verdict of guilty in the trial of Donald F. Stillwagon, 25, of South Main Street, Batavia, who was accused of biting a Batavia Police officer.

Stillwagon was convicted of assault, 2nd, and faces a possible seven-year prison term.

On Sept. 29, Batavia Police responded a reported disturbance at Stillwagon's residence. A man there was reportedly choking another person. When police arrived, they tried to take Stillwagon into custody and a struggle ensued. During the struggle, Stillwagon bit Sgt. John Peck on his forearm.

Peck was cut deeply enough to bleed significantly. He was treated and released at UMMC and missed two days of work.

In order to convict Stillwagon, the jury needed to decide whether the defendant had the intent of harming Peck.

Much of the closing arguments of both Public Defender Gary Horton and District Attorney Lawrence Friedman centered on whether Stillwagon was too intoxicated to form a coherent intention.

"Either Donald Stillwagon is a huge jerk or he had to be intoxicated," Horton said. "You saw Donald Stillwagon as he sat in this courtroom, you saw his demeanor, you saw him testify, can you believe he would have done these things without being intoxicated?"

Friedman argued that Stillwagon, who had apparently been at a local bar drinking prior to the incident, clearly had the presence of mind to form intent because he was able to unlock a deadbolt after his mother had locked it in order to go outside, and when he tried to escape from police, he told a State Trooper, "That's a bad idea."

"He was aware enough to know his plan of escape wasn't working out for him," Friedman said.

Sentencing has been scheduled for June 20.

In March, Stillwagon turned down a plea offer that would have capped his sentence at six-months "shock probation" and opted to take his case to a jury.

Genesee County's jobs picture continues to improve, as the rate of unemployed residents has declined and some 200 new jobs were created in the county in March.

Data released from the State Department of Labor shows the unemployment rate for March in Genesee County at 8 percent, down from 9 percent in March 2010. 

There are 2,800 job seekers in Genesee County, down 100 from February.

Meanwhile, 100 new "goods producing" jobs were created in Genesee County, March compared to February. The number moved up from 3,600 to 3,700.

Government jobs also grew by 100 new positions, growing month-over-month from 6,200 to 6,300. That's the same number of government jobs in the county a year ago.

Other sectors of job creation remained steady.

There are now 22,300 non-farm jobs in Genesee County, compared to 22,100 in February and 21,900 in March 2010.

Press Release:

WILLIAMSVILLE – Matthew Harakal, communications director for Jane Corwin for Congress, made the following comments today regarding Kathy Hochul’s continued silence on the $14.3 TRILLION debt facing our country:

“Despite our fiscal crisis, Kathy Hochul continues to sit silently with Nancy Pelosi and refuse to say how she would cut spending. While Kathy Hochul refuses to take a stand, our national debt has increased $32.72 billion.

Western New York taxpayers deserve an answer from Kathy Hochul on spending. Does she support the president’s $1.5 trillion tax hike on families and small businesses? Or will she finally stand with Jane Corwin and commit to cutting spending?

Every day, another $4.09 billion is added onto our national debt, but Kathy Hochul remains silent. Kathy Hochul says she fights for Western New York, but it’s hard to win a fight without saying a word or taking a stand.”

Statistics on our record-high national debt can be found HERE <http://www.brillig.com/debt_clock/> , and information on how Jane Corwin would cut spending can be found HERE <http://janecorwin.com/posts/janes-plan-to-cut-runaway-government-spending>.

The  second driver involved in yesterday's fatal head-on collision on West Main Street Road, Batavia, remains in guarded condition at Strong Memorial Hospital.

Angelo A. Merica III, 27, of Pavilion, was westbound on Route 5 when his car was struck by an eastbound car driven by Jonathan M. Colby, 37, of Tracy Avenue, Batavia. Colby was pronounced dead at the scene.

At Strong, a patient in the intensive care unit (ICU) is listed as as "guarded."

While investigators have determined that Colby's car made a slow, steady drift into the oncoming lane, what hasn't been determined is why Colby's car drifted.

Colby had recently been working overnight shifts at Lowe's and may have been fatigued at the time of the crash.

Colby, a Muckdogs fan and involved in community theater, was married and the father of a 7-year-old girl.

A driver who allegedly fled the scene of an accident Wednesday night has been charged with felony DWI.

Two people were hospitalized as a result of the accident at 9:19 p.m. in the area of 6312 Townline Road, Byron.

Taken into custody after reportedly being located at the Byron Hotel was Chester Llewellyn Sherman, 52, of East Lee Road, Holley.

Injured in the accident were Mark J. Puma, 40, and Carlos M. Chavez, 29. Both were taken by Mercy EMS to UMMC. Puma lives on Creamery Road in Bergen.  Chavez's residence was not contained in the accident report.

Besides the DWI charge, Sherman was charged with a felony count of driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and following too closely.

Sherman was driving a 1998 Chevy pickup eastbound when he reportedly rear-ended a 1999 Chevy sedan driven by Puma. Puma had just backed onto the roadway and was headed east when his car was struck by Sherman's. Puma's car was forced off the roadway into a mailbox and then the car hit the front porch of a residence.

The accident was investigated by Deputy Joseph Graff.

(initial report)