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Thieves bust into Radio Shack overnight, steal phones

By Howard B. Owens

The Sheriff's Office is investing an overnight smash-and-grab at the Radio Shack on Veterans Memorial Drive, Batavia.

An inventory of what was stolen is not yet available, but the thief or thieves made off with at least a number of smartphones that may have significant retail value.

The call of a break-in reached dispatchers at 12:38 a.m. and deputies arrived on scene two minutes later.

By that time, the glass door was broken through, the merchandise stolen and the perpetrators gone.

Investigator Roger Stone said at this early stage there are few leads to go on. An attempt to obtain information from surveillance cameras in the area has yet to yield results.

Anybody with information that may assist in the investigation can call the Sheriff's Office at (585) 343-5000.

City sends letter to residents about private trash pick-up

By Howard B. Owens

Letter from the city to residents:

As of June 1, 2013, City of Batavia residents will be responsible for their own curbside pickup of refuse, recycling and bulk items. Each property owner will either select a vendor of their choice or have to transport their refuse and recycling to a transfer station.

The City has contacted several refuse haulers in the area who are interested in collecting refuse, recycling and bulk items on a private basis. The City has not negotiated a price for this service and is not recommending a particular hauler.

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

Police seek help in locating missing middle school girl

By Howard B. Owens

Chelsea Darnley Emondt-Fauel is missing, according to Batavia PD.

Chelsea is considered a runaway and was last seen yesterday at Batavia Middle School. She may still be in the local area or may have gone to Buffalo or Niagara Falls.

The 13-year-old has brown eyes and brown hair and is 5' 6" and 145 lbs.

Anybody with information that might help police locate Chelsea is asked to call Batavia PD at (585) 345-6350.

GCEDC board approves tax breaks for developer of former Lowe's location

By Howard B. Owens

CLARIFICATION: Regarding the headline and the item below: The GCEDC board approved the COR project being set for a public hearing, but its project has not yet received final approval.

COR Development Company, owners of property at 4180 Veterans Memorial Drive, Batavia, is planning a $4.5 million investment in the former Lowe's location for renovation, adding space and retrofitting the existing structure. The renovations will pave the way for one or more retailers to lease the space. Total tax incentives: $1,052,104. The project is part of Town Center Batavia, which is 350,000-square-feet of "destination retail space," according to the Genesee County Economic Development Center's release. In 2007, COR received incentives to build the project. The former Lowe's location is currently 138,778 square feet. Under the proposal, COR will receive $180,000 in sales tax exemptions, a $43,750 mortgage tax exemption and a $828,390 property tax exemption on the increased assessment value of the property. COR projects 120 new retail jobs as a result of the project.

Batavia Showtime, 6 Alva Place, Batavia, is planning a $52,200 investment for the purchase and installing of a digital movie projector. Batavia Showtime is approved for a $4,176 sales tax exemption on purchase of the projector. GCEDC's release states that the board is looking to assist in the project because it qualifies as a tourism destination and provides a service to the area, being the only local movie theater, that would not otherwise be available. The theater was in danger of closing prior to Batavia Showtime purchasing the facility. The owner is planning upgrades beyond the purchase of the digital projector. An estimated three new jobs will be created and four jobs retained.

Le Roy Plastics, 59 Lake St., Le Roy, is planning a $885,000 investment for the consolidation of all operations and processes into one facility. The company plans to renovate portions of the new facility and purchase furniture, fixtures and equipment. The GCEDC board approved $43,931 in tax abatements for the project, including a $24,800 sales tax exemption, $9,063 mortgage tax exemption and a $10,068 exemption on property taxes above the current assessed value.

Hawley critical of state budget

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) expressed his dissatisfaction with the bulk of the 2013-14 state budget, stating that many aspects miss the mark on critical issues. Hawley decried the decision to sweep $1.75 billion from the State Insurance Fund back into unrelated spending rather than refunding employers who overpaid for Workers’ Compensation premiums. The assemblyman also opposed irresponsible measures like funding for the SAFE Act, devastating cuts to programs for people with developmental disabilities, and the extension of the energy tax.

“While there were some bright spots, the bulk of this budget falls short on many critical issues,” Hawley said. “Our families are hurting and our businesses are so overtaxed that they cannot create the jobs New Yorkers need, yet rather than delivering cost relief, this budget repeats the same tax-and-spend mistakes of old.

"Not only does this plan rely on ill-conceived revenue streams like the energy tax to fund unnecessary programs like the SAFE Act, but it fails to support programs for the developmentally disabled, which is an affront to these individuals and their families who need and deserve our help. All of this lands on top of a disastrous tax increase of at least $9.4 billion over the next five years. Unfortunately for New Yorkers, this budget flies in the face of the success we’ve seen over the last two years, and that’s why I opposed the majority of this plan.”

Hawley took particular exception to the extension of the 18-a utility tax, a surcharge passed in 2009 that was scheduled to sunset in 2014. The assemblyman advanced a budget amendment to repeal the fee and also sponsored Assembly Bill 382, which would have rescinded the tax as soon as it was enacted. The newly adopted budget extended the fee, which will cost families and businesses $1.7 billion over the length of the four-year extension.

“The amendment I advanced to repeal this tax would offer immediate relief for our families and businesses from burdensome electricity charges,” Hawley said. “This tax hurts all New Yorkers from Upstate to Downstate, families to businesses, low-income earners to high earners and everyone in between. If we really want to deliver the promise of a ‘New New York,’ we cannot continue this taxation without realistic, reasonable and responsive representation.”

Former inmate recalls his own medical emergency while confined in Genesee County Jail

By Howard B. Owens

The story this morning of an inmate who died while in Genesee County Jail custody had a familiar ring to it for a local man who spent four months in the jail back in 2001.

After developing apparent health problems, it took the Batavia resident days to get in to see a nurse, he said, and then she told him he had hemorrhoids and sent him back to his cell.

Days later and after more complaints, she saw him again and gave him suppositories.

After a month of illness and little to no treatment by jail staff, the man said, he collapsed on the jailhouse floor and was taken by ambulance to UMMC.

There, Dr. Bernard Asher found that he had advanced colitis and would soon lose his colon without proper treatment. He was transferred to ECMC for acute hospital care.

The local resident asked that we not use his name to protect his privacy, but he provided us with documentation to support his claim (PDF).

He said he came forward not because he's looking to embarrass anybody at the jail or in the Sheriff's Office, but he just thought people should know what he went through in light of the report on Nikko Gambino's death.

"I'm just saying something like this happened," the man said. "I was diagnosed the wrong way. It wasn't right, but I don't want to get back at them right now."

A year ago, the man spent two weekends in jail on a second-degree harassment charge (he sent a couple of text messages that he shouldn't have sent, he said) and said the same nurse that he saw in 2001 was still working at the jail.

In 2001, the man was jailed on an attempted burglary charge, which stemmed not from a theft case, but because he entered the dwelling of his ex-wife and child without permission, which was a violation of a court order.

"It was a domestic case," he said. "I was young and stupid and chasing love, or what I thought was love."

He eventually spent 20 months in state prison and was on parole for three years.

He said when he saw the Gambino story, he thought, "Man this is crazy and I know what it's like. I'm sure they didn't give him the treatment he needed."

He said he's seen correction officers deny some inmates a chance to see a nurse.

"I'm never a jerk and I understand COs are just doing their jobs," he said. "Other inmates, if a CO had a problem with them, the person wouldn't get to see a nurse.

"I think if you want to see a nurse, you should be able to see a nurse -- to see if you have a problem," he added.

The former inmate said his symptoms during the month prior to his hospitalization included a 40-pound weight loss, severe abdominal pain, blood in his stool and the loss of a lot of blood, yet he was only allowed to see a physician after he collapsed from not eating or drinking and all the pain.

He said if he'd sued back then, maybe he could have saved a life.

"I met with Charlie Mancuso," he said. "We talked about it. He was going to file a suit, but he never did and then he passed away. I never pursued anything (after he passed)."

Sheriff Gary Maha is not familiar with this particular case at this point, but he would look into it if the man would come forward and talk with him. He said everything is documented and he would investigate the complaint if given more information.

We asked Maha if he's received complaints outside of this case and the Gambino case from inmates who say they're not getting proper medical care.

"You always get complaints," Maha said. "They feel they want the best surgeon in the State of New York and the taxpayers are supposed to pay for it. That’s not the case. We give them whatever services are needed and prescribed by the doctor. If you come into the jail and say you need a new pair of glasses, we’re not going to give you a new pair of glasses unless a doctor says you need a new pair of glasses."

Maha said it costs taxpayers about $200,000 a year to provide medical care to inmates at the Genesee County Jail.

"Everyday people come through there who abused drugs or have mental health issues," Maha said. "It’s a difficult population to deal with and it’s a costly population to deal with. It’s something we try to manage as best we can."

Following the Gambino case, Maha said he met with the jail staff and Director Ed Minardo and new procedures and protocols have been developed.

All opiate use and withdrawal cases are monitored now on a daily basis, he said, and all medical procedures have been examined and updated.

He said he is confident in the skill and training of the jail's medical staff.

"They’ve been around a long time and they've been in business a long time," Maha said. "Thye’re a good staff. Again, we have to update the protocols, but they give a lot better care to an inmate in the jail than they would get on the street, I can tell you that."

UPDATE: Looking back over things this morning, I feel I should note that Dr. Asher's note contradicts the recollection of the source in two ways. The health issue was ongoing for two months before Dr. Asher saw the patient, and Dr. Asher notes that the patient additionally received two visits to the ER, which also failed to lead to a diagnosis of colitis.

UPDATE: The source explains, he doesn't think it was a whole two months, but it may have been longer than a month. His two trips to the ER occurred after his mother contacted his primary care physician and the physician requested the visits, he said. He also confirmed he believes he was misdiagnosed at the ER on those two visits.

World War II vet honored for 70 years with the American Legion

By Howard B. Owens

Joseph Joy, seated, was honored at the New York State Veterans Home this morning by the American Legion for his 70 years of membership in the veterans' organization. Joy is a veteran of World War II. Members of the Glenn Loomis Post who attended were Tom Williamson, left, Paul LaValley, Jim Nieder, Post Commander Ron Konieczny, County Veteran Services Officer William Joyce and Bernie Staats.

State report critical of jail nursing staff in death of inmate

By Howard B. Owens

The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.

Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.

The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.

Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."

A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.

According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.

Gambino's family has reportedly filed a lawsuit against the county over his death.

The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.

UPDATE 2 p.m.:  Here is a statement from Sheriff Gary Maha on the report:

Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.

We did receive the preliminary report from  the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.

For previous stories about Gambino, click here.

Empire State Development announces $1.5 million in funding for STAMP project

By Howard B. Owens

Press release from Empire State Development:

Western New York Science, Technology and Advanced Manufacturing Park – Priority Project (Finger Lakes Region – Genesee County) – Grant - $500,000; Loan $1,100,000

Designated a Priority Project by the Finger Lakes Regional Economic Development Council, the Western New York Science, Technology and Advanced Manufacturing Park (STAMP) will create significant opportunities for semiconductor, flat panel display, photovoltaic, and bio-manufacturing projects.

The Genesee Gateway Local Development Corporation (GGLDC), which serves as the recipient of ESD’s grant and loan, was established in 2004 to handle industrial park development and serves as a conduit for assistance to private companies. Since its inception, GGLDC has completed five park developments across Upstate New York – each of which have infrastructure completed and are able to accommodate new business developments.

In 2005, GGLDC identified a market need to develop a much larger park than those previously developed. Such a mega site, of at least 1,000 acres, would seek to attract a large-scale advanced manufacturing project. GGDLC identified a site in the Town of Alabama, and since 2008 has expended several million dollars for preliminary multifaceted feasibility studies, completed an Environmental Impact Statement, and conducted community outreach and began to acquire property. In order to continue developing STAMP as New York State’s third mega site, ESD is providing a grant of up to $500,000 and a loan of $1.1 million to assist in the purchase of 364 acres of land at the site for the next phase of development.

GGDLC currently owns 143 acres with the option to purchase another 1,073. This real estate transaction will allow for design, engineering and construction for the initial infrastructure at the site, which will be completed by the end of 2014.

This project will position Western New York State as a hub for advanced technology manufacturing and spur significant regional economic growth. There is potential for up to 1,200 jobs at the STAMP site by 2016, and over 9,300 projected jobs at full build-out in 2032.

Law and Order: Woman arrested on drug, weapon warrant after release from jail

By Howard B. Owens

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

DOT truck hits tree off Route 20, Alexander, after driver reportedly fell asleep

By Howard B. Owens

Route 20 was shut down for a time early this morning after a DOT truck driver reportedly fell asleep at the wheel and his truck collided with a tree near Brookville Road, Alexander.

The accident was reported at 2:06 a.m.

The driver, Thomas D. Drumstra, of Brookville Road, Alexander, was not injured and no other vehicles were involved.

Alexander Fire Department responded to the accident.

Drumstra was driving at 2003 International dump truck registered to the NYS Department of Transportation, according to a Sheriff's Office accident report.

No citations were issued.

The accident was investigated by Deputy James Diehl.

Photo: Spring snow shower hits Batavia

By Howard B. Owens

Periods of heavy snowfall hit Batavia this afternoon, and though the flakes were big and wet, not much stuck anywhere.

More cold, snow and rain is in the forecast through Friday night, but we should see some sun on Saturday. Sunday's forecast -- for Easter -- is cold with a 50-percent chance of rain.

The cold and wet start to spring is expected to continue for another week or so.

Arlene E. Herod

By Howard B. Owens

Akron - Arlene E. Herod, 81, of Akron, passed away Sunday (February 17, 2013) in Arlington, Texas.

Mrs. Herod was born November 9, 1931, in North Pembroke, a daughter of the late Henry and Emma Heidenreich Sliker.

She worked at St. Jerome's Hospital, the Batavia Veterans Hospital and Aakron Rule. Mrs. Herod was a member of the Akron Free Methodist Church and was an avid bingo player. She and her late husband, Rudolph V. Herod, were foster parents to over 50 children. She was the sister of the late George Sliker and Patricia Zetterberg.

Surviving are her children; John (Chris) Herod of Joshua, TX, Patty Lou (Kevin) Holland of Arlington, TX, Sue (Robert) Knapp of East Pembroke and many foster children including Elizabeth "Betsy" Penepent of Batavia, William Penepent of Basom, Chuck Stevens of North Carolina and Jackie DuBoise of Caledonia; 8 grandchildren and 14 great grandchildren and 2 great great grandchildren; her sisters and brothers, Jean (late Carl) Hale of Elba, John "Joe" (Carol) Sliker of Corfu, James (Della) Sliker of Medina and Mary (Monroe) Sommers of Pembroke; her sister-in-law, Loretta (Charles) Radley of Sebring, FL and several nieces and nephews.

A memorial service will be held Saturday, March 30, 2013 at 11 a.m. at the Indian Falls United Methodist Church 7908 Allegheny Road, Corfu, NY 14036. Burial will be in Indian Falls Cemetery. Memorials may be made to St. Jude's Children's Hospital.

Statement from Ranzenhofer on passage of state budget

By Howard B. Owens

Press release:

The New York State Senate has completed passage of the 2013-14 State Budget. State Senator Michael H. Ranzenhofer (R, C, I – Amherst) has issued the following statement:

“The State Senate has finished passage of an early State Budget for the third year in a row – a first in over 30 years. The 2013-14 State Budget is a balanced, fiscally responsible plan that closes a billion dollar budget gap without tax increases.

For middle-class families, the budget provides over $1 billion in tax relief over three years to make up for the value of child tax credits eroded by inflation and ensures the continuation of the lowest personal income tax rates in 60 years.

For senior citizens, the budget fully funds the EPIC prescription drug program, providing 270,000 seniors with help in affording their prescription drugs, and delivers $912 million in property tax relief to senior homeowners as part of the Enhanced STAR program.

For every person with a utility bill – both residents and businesses – the budget will phase out the energy tax surcharge over three years, rejecting the Executive Budget proposal to extend the tax for five more years.   

Under the fiscal plan, businesses will be in a better position than last year to grow our economy and create jobs. In addition to relief from the phase out of the energy tax surcharge, the budget saves businesses almost $1 billion by reforming workers’ compensation and unemployment insurance programs. Hundreds of thousands of small businesses and manufacturers will get a reduction in taxes, too.

While I am disappointed that tax relief – for small businesses, homeowners, seniors, and middle-class families – couldn’t be greater, the budget continues to move our State in the right direction by easing the tax burden for all Western New Yorkers.”

Rollover accident with injuries reported on Route 262, Byron

By Howard B. Owens

A one-vehicle rollover accident with injuries has been reported on Route 262 at Chapel Road.

A person may be entrapped and is reportedly unresponsive.

Byron and South Byron fire along with Mercy EMS responding.

UPDATE 9:05 a.m. (by Billie): The victim is trapped beneath the vehicle. Mercy Flight was called, then cancelled. Fire police are shutting down traffic at routes 262 and 237. Pembroke is called to provide mutual aid, along with Elba, which is asked to bring air equipment to jack up the vehicle.

UPDATE 9:16 a.m.: Bergen is called to stand by in Byron's fire hall and Oakfield is called to stand by in Elba's.

UPDATE 9:23 a.m.: Mercy medics are back in service.

UPDATE 9:34 p.m.: Responders say they will be at the scene for quite awhile and that it "looks pretty bad" there. Bergen's standby in Byron is cancelled and South Byron will return to stand by in their own quarters.

UPDATE 9:53 a.m.: A coroner is at the scene.

UPDATE 10:02 a.m.: Fire police are shutting down traffic at Transit Road and Chapel Road.

UPDATE 11:53 a.m. (by Howard): Correction: This was a two-car accident.

An SUV southbound on Chapel T-boned a westbound pickup truck. The pickup truck rolled and the driver was ejected and became trapped under his vehicle. The IDs of the drivers have not yet been released. The driver of the SUV was not seriously injured, or not injured at all. He declined transport to a hospital. The driver of the truck was pronounced dead at the scene.

We'll add pictures from the accident scene to this post later.

UPDATE 12:15 p.m.: Route 262 is reopened. Byron and South Byron back in service.

UPDATE 3:29 p.m.: The deceased is Jeremy C. Murray, 28, originally from Hamlin, was living in Clarendon and is the father of a small boy. The name of the other driver is Terry A. Boyce, 57, lives on Lewiston Road in Alabama. Boyce was cited for failure to yield and an additional citation may be pending. Investigators do not think drugs or alcohol were factors.


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Photo: Barn, Broadway and Smithley Road, Darien

By Howard B. Owens

Heading back to Batavia from the fire in Darien yesterday, I passed this barn I've passed many times, but this time it seemed like a good time for a picture. This seems like a very well-preserved barn. The location is just east of Smithley Road on Route 20.

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