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Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

Via WBTA:

City of Batavia Firefighter Charles Hammon was named the 2013-2014 City of Batavia Employee of the year.

Hammon was honored by the city council for his management of the child safety seat program conducted by members of the fire department at various times throughout the year.

Hammon received the proclamation from Ward 5 Councilwoman Kathleen Briggs.

Story via WBTA:

Only one person spoke in opposition Monday night to the proposed 2014-2015 City of Batavia budget. The $24 million financial plan is scheduled for a vote on March 10.

John Roach of Batavia questioned the need for an assistant city manager, a position eliminated several years ago by City Manager Jason Molino in a budget-cutting move. Molino now wants the post filled at an annual salary of between $64,000 and $78,000 plus benefits.

Ward Six Councilwoman Rosemary Christian asked if there would be “another opportunity” to discuss the budget prior to a vote. She was told by Molino that comments could be made prior to the vote on March 10.

Christian said she had “a very important matter” to discuss concerning the budget but she declined to elaborate.

No one spoke during a second public hearing Monday night on a proposed increase in water rates. The proposed rate per 1,000 gallons of water will go up by 9 cents to $4.62. Molino estimated the water increase would cost the average homeowner another $10 per year.

While the budget is scheduled to be voted upon at the next council business meeting on March 10 there would still be an opportunity to vote on the budget during the March 24 meeting. The budget must, by law, be adopted by March 31.

Should parents be allowed to have genetically modified babies?

New York Times: Genetically Modified Babies

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Should the U.S. Army be reduced to a pre-WWII size?

New York Times: Pentagon Plans to Shrink Army to Pre-World War II Level

All of the most important legislative accomplishments of the past 20 years -- the period Mary Pat Hancock served the 4th District -- are of "a piece," Hancock says.

In that time the Legislature paved the way for countywide water, created a comprehensive plan, a smart-growth plan, instituted farmland protection measures, turned the Industrial Development Agency into the Genesee County Economic Development Center and set the county on a path toward greater prosperity and stability.

None of those initiatives can really be considered separately from the others, Hancock said.

"You weave a fabric," Hancock said. "The different kind of things that go in and out and then you have a piece. But without that one strand or without those different threads, it just doesn't make anything. It falls apart."

Hancock was skeptical about running for the Legislature in 1992 when friends first approached her to fill the vacancy left by Steve Hawley's departure for the state Assembly.

She wasn't sure if she would have the time and if she was up to the task, but they persuaded, noting her with her school board experience, her study of governmental administration (school administration, specifically) and the fact that she would need to attend only one meeting a week. So she decided to give it a try.

It turned out she had to beat a primary challenger, and her election led to 20 years serving the people of Genesee County, the last decade as chairwoman of the Legislature.

All that service -- service that stretches back in Genesee County more than a decade prior to her election to the Legislature -- is why the Chamber of Commerce selected her to receive the Wolcott “Jay” Humphrey III Excellence in Community Leadership Award.

Hancock said she is humbled by the award because she knew Humphrey and how dedicated he was to Genesee County and how enthusiastic he was about improving the quality of life locally.

"When we were looking for somebody to be in charge of the IDA, he just found that task so important. I was one of the people on the committee to select the person and he came to me about it and I said we we were doing our best, and he said, 'no you don't understand.' "

Later, Hancock was on one of the annual agricultural tours, but she had taken her own car because she had to leave early. As she was leaving, Humphrey jumped into the passenger seat of the car and asked how the search was going for a new head of the IDA, what would become the GCEDC.

"He said, 'you're not taking this seriously enough,' He said, 'this is so important.' Then he gave me this whole thing about how it could impact our county and how we could have all of these industrial parks. He had it all right there in his mind and I thought, 'Oh, my, I hope I don't screw this up.' "

Genesee County has always been important to Hancock, as it was to her parents, who always maintained a home here even as her father's job -- a VP with the railroad -- took the family to Pittsburgh and Chicago.

"It's just such an extraordinary place. The people are extraordinary. The physical beauty of the county is just bar none."

Hancock was born in Pittsburgh, went to elementary school in Batavia. In middle school her family moved to Chicago. She got her degree in education from Northwestern University and then taught English and Art at a school Lake Forest, Ill.

After a couple of years of teaching, Hancock decided she wanted to get her master's degree and become a school counselor.

Her parents weren't too keen on the idea.

"My parent were very proud that I graduated from college, but they really didn't think it was necessary for me to go on and get a master's degree."

Even so, she managed a fellowship for the University of Buffalo, so neither she nor her parents had to pay for her graduate degree.

It was at UB that Mary Pat met Bill, whom she married in 1957. They would have four children: Billy, an educational counselor, Ann Marie, a nurse with a school district, Tom, a school psychologist, and Katherine, who works in early childhood education.

Bill received his dental degree the same day Hancock received her master's and the couple had their first child.

Hancock essentially took 20 years off from her career in education to raise her family.

Bill worked in public health service and the family moved to Chicago, New York City and Buffalo.  Bill had plans to become an orthodontist, but then decided maybe it would be better to open a private practice in Oakfield, so the family returned to Genesee County.

While raising her family in Batavia, Hancock got involved in the community. She ran for the library board. She served on the school district board and on the BOCES board.

Once the kids were grown, Hancock decided she wanted to do what she once trained to do, become a school counselor.

She had to be recertified, which turned out to be a lot more work than she expected, and she took classes at UB, RIT and Rochester so she could get up to speed as quickly as possible.

When there was an opening at Batavia Middle School for a counselor, she applied for the job, but when she showed up for the interview, she found that instead they were interviewing her for a counselor's job at the high school.

Hancock was a counselor at BHS for 20 years, a job, she said, that she loved.

"It was a great job. It was super. The children, the kids, the fact that you never had a dull day. If you were feeling kind of down, the people at the school, my gosh, they were such fun."

In the midst of her 20-year career at BHS, she was elected to the County Legislature, which worked out because even the Legislature's committee meetings are after the school day is done.

There was a sense in those early days on the Legislature, Hancock said, that the county wasn't as well organized as it could be. Issues were dealt with in a piecemeal manner. There was no plan.

That was exemplified by the County Airport.

"When I first got up there, there were some things we just constantly, constantly, constantly talked about meeting after meeting after meeting. One of them was the cost of the airport and (the) insignificant contribution it was making to our county. Some said just get rid of it because it was causing problems and losing money. More than that, it was just a wrangle and I thought this is no fun. It was just a wrangle."

Eventually, the airport went from money loser to money maker, but only after the county began to get organized, first under Chairman Roger Triftshauser, then under Hancock.

"We needed to take a deep breath and focus. I was not the only one who felt that way. It was just such a muddle."

The first big item to focus on was bringing countywide water here in cooperation with the Monroe County Water Authority.

Asked if that wasn't just a big political mess, Hancock said, well, yes, it was political, but you've got to understand ...

"There were a lot of people, a lot of entities, a lot of towns, villages and the city, involved. The people were doing the work representing their particular spots, their towns, their villages, their city, so of course there were politics because all politics are local. Those individual areas wanted to make sure they were well represented. They wanted to make sure the deal wasn't going to be lethal for them."

While the water deal was still being hammered out, Triftshauser retired and Hancock was elected chair.

That was quite a turbulent time to take over such a big job, Hancock said.

"That was an exciting period of time. When Roger left, it was scary to take over because there was so much going on, but it was also exciting."

It was at this time that the county was tackling a comprehensive plan -- which also involved all the towns and villages and city -- a smart-growth plan, which goes along with countywide water, farm protection and the creation of industrial parks, and transforming the IDA into the GCEDC.

Again, all pieces of the same cloth.

"It really works when you are short of resources if you're long on planning so you can protect yourself from some big mistakes."

Among the accomplishments during Hancock's tenure that she says she's proud of is the county taking over the Office for the Aging from the city, merging the public health departments of Orleans and Genesee counties and renovations to the nursing home.

Hancock's had a pretty busy 10 years. She became chair around the same time Bill died. She's thrown herself into her work.

"This honor (the Humphrey Award) is just something above and beyond anything I ever expected," Hancock said. "I I don't think I deserve it. I went to work every day because I wanted to go. I was in a hurry every morning to get to work because there was so much to do. That was a treat and it was a reward to do that."

Now, Hancock said, it is time to take care of herself. She's enrolled in Tai Chi and Yoga at the Y. She's looking forward to riding her horse some more. She's painting her basement. She's watching the Winter Olympics (something she wouldn't necessarily have had time for in the past). She plans to travel. She plans to visit her grandchildren more. There's a lot she wants to do.

"I would like to live a thoughtful life. Before my retirement, it was getting to where I was just doing one thing right after another. So many plans were put on hold. There were so many things I had to cancel. I would like to make sure the time I have is productively spent."

Which means a plan. Mary Pat Hancock would never be without a plan. It's how you weave the fabric of life.

"I'm a great planner," Hancock said. "I like to plan. It's time for my own comprehensive plan."

Are extreme weather events in recent years the result of global warming?

New York Times: On "Settled Science"

Metal can be molded, shaped and welded together so that it becomes something stronger.

So can the youth of our community.

In a manner of speaking, Tim Adams does both.

As owner of Adams Welding and Manufacturing in Stafford, Adams makes and repairs farm equipment and commercial products.

As a community member who grew up on a local farm, Adams remains deeply committed to 4H and donates hundreds of hours of his time each year to the organization.

Adams grew up in 4H and even after turning 19, he remained involved.

"You don't realize right away the impact 4H has on you and the values it instills in you until later on," Adams said. "It's not that you're out of 4H at 19 -- you don't realize at 19 all the values that you've taken from 4H until later on. This last year really hit home that without people who are willing to volunteer there's not going to be organizations like 4H."

This commitment to our community, both as a volunteer and a local business owner, is the reason Adams will receive a Geneseean of the Year Award from the Chamber of Commerce on Saturday night.

"I'm surprised to be getting the award," Adams said. "That's not why I did it. I didn't do it to get an award. I do what I do to help 4H. It's truly an honor to get it, but I never thought what I did was that much more than anybody does. I just did what I did to get it done."

The son of Mike and Debbie Adams, Tim grew up on their farm in East Bethany, where he developed an appreciation for farm equipment that is in good working order.

"I was pretty meticulous about it," he said.

At first, the Adams farm was a hog farm (later adding replacement heifers) and Tim got involved with the 4H Swine Club, where he met the late Ron Komer, whom he said was a big influence on his life and his view of leadership.

"He was always there to help you if you needed something," Adams said.

In high school, Adams was taking a class at BOCES and a classmate, Jake Pocock, asked him if he'd ever tried welding. He hadn't. Jake had him put on the protective gear and weld two pieces of metal together.

 "All it took was one stick rod and I was hooked," Adams said.

Two years of welding classes at BOCES and two years of more study at Alfred State and Adams had a career, and with his connections to the ag community in Genesee County, Adams had a place to start to build a business.

In early 2012, Tim Adams and his brother Scott (Adams Trucking) took a big step together for the growth of both of their businesses and built a shop in Stafford on Route 5.

Adams' involvement with 4H includes leading the Swine Club, conducting the tractor safety courses, serving on various committees and taking charge on some key fundraising efforts.

This past year, he helped organize -- with John Duyssen, Keith Carlson, Heather Weber -- the Swine Club's first pulled pork BBQ, which Adams believes is the most successful fundraiser in the history of Genesee County 4H.

This was also the first year the Swine Club sold a club pig at the County Fair's livestock sale.

Among the most cherished contributions Adams makes to 4H is teaching the tractor safety classes. He took his first class from Bob Mullen at age 14 and has been involved in tractor safety ever since.

He said it's such a critical class for farm kids and does a lot to prepare youngsters to help out around their family farms.

"Being involved in 4H teaches responsibility, it teaches community service, it teaches you to take responsibility for an animal and be accountable, and it teaches a lot of life skills," Adams said.

He is also a member of a welding trade association, the Farm Bureau and has helped raise money for Crossroads House.

All of this community involvement has inspired Scott Adams to get more involved.

"It's something to see somebody actually carrying off and pulling off as much effort as he does," said Scott Adams, who's chairing the fair committee this year. "He actually cares about what he does. He goes that extra mile to get something done. From what he does with 4H, he's got me more involved with the fair and the ag society. He's motivated me to get involved more in the community. It's an eye-opening experience that one person can make a difference."

Clearly, making a difference is important to Tim Adams. He wants to make a difference in lives of young people the way people like Komer and Mullen did with him. Maybe today's 4H members will remember what Tim Adams did for them.

"I hope they look back like I did 10 years after I was out and look back and say, 'Hey, he was helping make me the person I am today,' " Adams said. "I'm hoping that's what they'll say."

Some of the evidence used against a former Bergen woman in her trial for fraud a year ago shouldn't have been submitted to the jury, so the woman should get a new trial, an appeals court has ruled.

Michele Ann Case, 47, of 1037 Chili Center-Coldwater Road, Rochester, was found guilty by the jury on criminal counts for allegedly bilking her employer out of more than $14,000 in fraudulent mileage and reimbursement claims.

Case was a home care nurse.

In prosecuting the case, the District Attorney's Office used as evidence summaries of financial and accounting documents as evidence.

According to the justices of the Appellate Division, Fourth Judicial Department, Case's attorney, Public Defender Gary Horton, did not challenge the admissibility of the documents.

The documents were not admissible, the court ruled, because the defense was not given a chance to review the data used to create the summaries.

The lack of review denied Case her right to a fair trial, the court ruled.

District Attorney Lawrence Friedman said the prosecution is "back to square one" -- at the same point the case was at before Case went to trial, but unless there is a plea deal, Friedman indicated he intends to proceed with the case.

"It's not like this decision indicates in anyway that we can't prove our case," Friedman said. "It's a question as to the admissibility and accuracy of the records that were used. It's certainly something that's curable for a retrial.

"This is not anything in my mind that weakens our case," Friedman added. "It's a matter of going back and reviewing the records and eventually redoing summaries that were used for the jury."

Press release:

The Genesee County Baseball Club will hold its annual Batavia Muckdogs Hot Stove Dinner and Auction on Saturday, March 22nd, from 4 to 8 p.m. at the Clarion Hotel at 8250 Park Road in Batavia. Tickets are $25 for adults and $15 for children 12 and under.

The evening will begin with a cocktail hour followed immediately by dinner. The Hot Stove Dinner is a time for good food, friendship and baseball talk. The night also features silent and live auctions of baseball-related memorabilia (including signed bats and balls), work by local artists, and gift certificates from a variety of local businesses. This year’s dinner will also benefit the Genesee County Sheriff’s Department K-9 Unit.

Tickets may be purchased in Batavia at Dwyer Stadium, Gerace’s Hair Care, the Williams Law Firm, and the office of Dr. Alan Barcomb.

Shawn Powers

Shawn Powers, 48, of Wyoming County, is charged with failing to register a change of address. Powers, a registered Level 2 sex offender, was arrested by Le Roy PD for alleged failure to register a change of address as required by state law for registered sex offenders. He was previously a resident of the Village of Le Roy. Powers has a prior conviction for the same offense, making the new charge a Class D felony. He was jailed on $10,000 cash bail or $20,000 bond.

Richard Thomas Elliott, 82, of West Park Street, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and operating with driver's view obstructed. Elliott was stopped at 1:54 a.m., Wednesday, on Cato Street, Pavilion, by Deputy Joseph Corona.

Andrew J. Paladino, 34, of Shelter Street, Rochester, was arrested on Family Court warrant for alleged support violation. Paladino turned himself in on the warrant. He paid $200 toward his support obligation and was released pending his next court appearance.

Press release from Assemblyman Steve Hawley:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced his opposition to Gov. Cuomo’s plan to give free college degrees to people in prison. The governor’s plan reflects the misplaced priorities of Downstaters who continue to ignore the needs of hard-working Western New York families. Instead of rewarding criminals, Hawley says the state should help the families who are taking on overwhelming debt to put their kids through college.

“The governor’s plan to give free college to convicts is one of the worst ideas I’ve heard during my tenure as an assemblyman. It’s insulting to middle-class Western New Yorkers who are taking on debts over $50,000 to go to college,” Hawley said. “This plan punishes law-abiding citizens while rewarding criminals. Not only is this idea wrong in principle, but it may cost taxpayers hundreds of millions of dollars. We should never ask taxpayers to pay for the college education of convicts while they are taking on debt to pay for their own.”

Press release Congressman Chris Collins:

“The Governor’s latest plan to fund college educations for convicted criminals with New Yorkers’ tax dollars is an insult to law-abiding citizens all across our state who are struggling to pay for higher education or find employment in this stagnant economy. This plan is just the latest sign that for a state that is the highest taxed and ranks among the worst in job creation, Albany has its priorities all screwed up.”

The Wall Street Journal: New Gov. Cuomo Initiative Will Fund College Classes in Prisons

UPDATE -- from Chris Collins:

Congressman Chris Collins (NY-27) will introduce legislation to prohibit the use of federal taxpayer dollars to provide a college education to convicted criminals. The pending legislation is in response to Governor Cuomo’s announced plan to use taxpayer dollars to fund college degree programs for convicted criminals in New York State prisons.

The Federal Bureau of Prisons provides states with funding for educational and other programs at state prisons and correctional facilities. Collins’ legislation would ban states from using the federal taxpayer dollars to fund college degree programs for convicted criminals.

“We hear over and over again from politicians concerned about the growing cost of higher education and the amount of student debt our young people are sacked with after earning their degree," Collins said. "Strangely, many of these same politicians think tax dollars should be spent to give convicted criminals a free college degree.”

According to The Project on Student Debt, 60 percent of college graduates in New York State carry student debt. The average amount of student debt for New Yorkers is $25,537.  

Congressman Collins will formally introduce the legislation in the coming days. As the House moves forward with the Appropriations process later this year, Collins will also introduce a limiting rider to ensure no appropriated funds in a particular bill are used to fund college courses for convicted criminals. Collins’ bill would not ban states from using federal dollars to support GED or work training programs in prisons and correctional facilities.

Are you concerned about how much sugar you eat?

New York Times: Review of Fat Chance Cookbook

I'm flying to California this morning. I'll be spending time with family. I'll be attending my mother's funeral on Saturday.

We've made all of the usual provisions for continuing coverage while I'm away. Billie will still be here and on the scanner as usual. Alecia Kaus will help with breaking news and our news partner WBTA will help with coverage.

Good luck to all of our local athletes in sectional play this weekend. I regret that I'll miss the basketball games I would have covered, but Nick Sabato will be covering games.

Should public defender offices receive more funding?

New York Times: Public Defenders, Bolstered by a Work Analysis and Rulings, Push Back Against a Tide of Cases

Accidents will happen. That certainly appeared to be the case last night at Suicide Corners after a tractor-trailer struck the home of Tom and Debbie Douglas.

The intersection has a reputation for being dangerous. But it appears that none of the factors sometimes attributed to the intersection contributed to last night's crash.

Suicide Corners is the intersection of East Road and Route 20 in Bethany.

A year ago, the Douglases were worried the state would take their home to build a roundabout to improve traffic safety at the intersection, but community pressure helped convince the DOT to scuttle the plan.

It's been at least five years since there has been an accident at the intersection and more than a decade since the last fatal accident there.

Tom Douglas thinks improved signs and lighting have helped make the intersection safer and DOT is planning to add more safety enhancements this summer.

There was a moment at about 3:30 a.m. when he thought, "here we go again."

"We were asleep and we heard a big bang," Douglas said. "It didn't sound like a car wreck and the house just shook a lot. I thought a tree had come down. It was windy last night. I looked out the window and I saw the car lights. I saw the driver looking under the truck, almost like he'd hit another car, so I yelled out to him and he said no. When I came downstairs it was like, 'wow! what a mess.' "

The truck knocked a hole in the living room wall, pushing a couch well into the room and sending debris flying.

Douglas said the driver was pulling an empty trailer. The south blowing wind had caused a great deal of snow to pile up on Route 20 on the hill west of the Douglas residence. The empty box, the wind and the snow caused the truck to jackknife. The truck actually hit the house at an angle, and with the impact of the cab, the trailer whipped around to the east, pulling the cab back toward Route 20.

Nobody was injured in the accident.

Top photo: Douglas explains what happened to his house when the truck hit it. Pictures below provided by Tom Douglas.

Heading back from Bethany this afternoon, I stopped along Clipnock Road, Stafford, for a couple of pictures.

Above, a barn and horses and below the windswept snow bank near Route 5.

Two Batavia women accused of mistreating their dogs were in City Court today, but both of their cases were rescheduled to a later date.

City Court Judge Michael Del Plato has a conflict of interest on one case. He was also filling in for Judge Robert Balbick, who is already presiding over an unrelated case for one of the defendants, so that case was delayed as well.

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure to provide sustenance for an animal. Officers allegedly found a malnourished dog in her residence.

Nina Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/harboring an unlicensed dog.

Del Plato has a conflict of interest in Pellegrino's case.

Balbick is already handling an unrelated case on Kelso. She's charged with unlawful possession of marijuana.

Assistant District Attorney Robert Zickl indicated he is seeking compensation from both defendants for the care and feeding of their dogs while they're in foster care.

Kelso and Pellegrino will next appear in court Feb. 27.

In County Court today, Dustin Locicero got exactly what he asked for: the maximum sentence Judge Robert C. Noonan could possibly hand down.

That is three-and-a-half to seven years on Locicero's plea bargain in which Locicero admitted to forgery 2nd.

The 29-year-old Bergen resident was arrested in January and accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester.

Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations.

He was charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd.

At the time of his arrest he had pending charges for identity theft.

The plea satisfied all of Locicero's charges.

District Attorney Lawrenece Friedman said he asked for the maximum sentence under the plea agreement, and public defender Jerry Ader asked for the minimum sentence, two to four years.

When Locicero was given a chance to address the court, Friedman said, the defendant told Noonan he might as well give him the maximum sentence because he will die in prison anyway.