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Press release:

The Batavia City School District has always been committed to its girls’ athletic program. We are proud of our student athletic program and continuously work toward achieving equality across all sports. This is of paramount importance to the District.

The District has recently received the Court’s decision awarding attorneys’ fees (totaling $68,000) to the Empire Justice Center in the 2013 lawsuit concerning the girls’ softball fields. The District disagrees with, and is disappointed by, the award of attorneys’ fees to the Empire Justice Center. Most importantly, the lawsuit was simply unnecessary – and only served to waste taxpayers’ money.

The improvements to the girls’ softball field were already approved by the Board before the lawsuit was filed, and they were commenced immediately upon taxpayer approval of the funding. The changes would have been made regardless whether the lawsuit was filed. This was conveyed to the Empire Justice Center, but their attorneys chose to proceed with the lawsuit – and generating unnecessary legal fees for their organization – anyway.

In the end, the Empire Justice Center achieved almost nothing outside this award of fees. There were no substantial differences between the settlement and the capital improvement plans that the Board of Education proposed and approved at its February 2013 meeting for presentation to the voters in May 2013. In addition to routine maintenance, there was only one additional improvement requested in over and above the capital improvement project – the addition of a safety cap to the track and field fence that is adjacent to the no longer used JV softball field.

The District looks forward to continuing to provide a safe and nurturing environment to develop students with high moral character who are able to meet life’s challenges. 

The sale of the Genesee County Nursing home to Premier Healthcare won't exactly lead to the county government pocketing a cool $15.2 million and walking away from the deal scot-free.

Getting disentangled from the white elephant of a facility will take months and cost millions of dollars.

"The costs don't stop on the day of the sale," said County Manager Jay Gsell.

The revenue to the county, as insufficient as it's been for the past decade, stops the day Premier takes over, but some of the costs will drag out, such as final payments to employees' retirement accounts, paying out unclaimed vacations and leaves, paying ongoing workers comp claims, closing out obligations for patient care, among other expenses.

It could be at least a year before the county knows how much of that $15.2 million is left over after all of the expenses are covered.

Right now, best guess, those expenses will eat up at least 75 percent of the sale price, Gsell said.

It will be up to the county legislature to decide what to do with the balance, whether put it back into the general fund, put it into roads and bridges or toward building a new jail.

There are also unpaid bills from patients to be collected. The floating balance of unpaid bills, called accounts receivable, is about $1.3 million.

The county will need to make a decision on how to handle those accounts, whether sell them to Premier at a discount or assign staff -- perhaps more than one staff member, plus attorney time -- to try and collect those payments, or the accounts could be turned over to a contractor for collection. An accountant with Freed Maxick  is working to determine which option might be best for the county.

The county is also owed money from the federal government, which passes through the state, called IGT funds. This money is designed to help county governments fill the gap between revenue and expenses on facilities such as the nursing home. That is money owed the county for expenses already incurred, but by law, the money must be paid to the nursing home, so Premier will need to transfer the money to the county, once the funds are received.

Whatever the final "net proceeds" from the sale might be, the county will never be able to claim it made a "profit" on the sale, Gsell said.  

The sale will close after Premier receives its second regulatory approval, called a certificate of need, from the state's Health Department. One has been approved, for the skilled nursing home, but the other, for the adult home, is still pending.

Gsell expects the deal to close in the fall, meaning between Oct. 1 and the first day of winter.

The nursing home has been bleeding money from the county's general fund for the last 10 years, and to a tune of more than $2.5 million a year for the past five. Those are deficits on operations that will never be recovered.

"We will never be able to use the word 'profit' when it comes to the Genesee County Nursing Home," Gsell said. "That equation has left the building."

There is one registered member of the Reform Party in Genesee County, and with a potentially contested race for the nomination in the 61st Senate District, there must be, under state law, a countywide primary election.

That would be the case even if there wasn't also a primary in the 61st District for the Working Families Party, which has 221 registered members in the county.

Those two primaries could have cost county taxpayers $17,000, but election commissioners Dick Siebert and Lorie Longhany worked out a plan and developed a new policy, with guidance from state election officials, to have one consolidated polling station, in County Building #1, for the Sept. 13 primary.

Rather than expending $150 per election machine to have them moved to each of the 17 polling locations in each town and the city, a member of the county's maintenance staff will move five or six machines to County Building #1, the location of the election board's offices, eliminating that cost.

The plan also means fewer ballots need to be printed.

Siebert said the expected turnout is only 15 to 16 voters.

"That might be a high estimate," Longhany said.

The commissioners briefed members of the county's Ways and Means Committee at yesterday's meeting.

The members of both parties were notified of the polling place change through First Class mail and told that if the change presented a hardship, the voter could request an absentee ballot. The commission has received one ballot request.

"I think we have all the bases covered," Longhany said.

For the Reform Party, Sen. Mike Ranzenhofer is the sole official nominee, but a member of the party in the district filed a request  for an "opportunity to ballot," which opens the door for a write-in vote.

For Working Families, there are two nominees for the 61st District line, Thomas A. Loughran and Andre N. Liszka.

County Building #1 is located at 15 Main St., Batavia. The polling stations will be on the second floor and will be handicap accessible through the building's elevator, which is by the entrance on the west side of the building near Ellicott Street.

For 2017, the STOP-DWI program will spend a little more of its reserves, with the extra money allocated toward increased DWI enforcement and educational programs, Assistant County Manager Matt Landers told members of the County Legislature's Ways and Means Committee at Wednesday's meeting.

The increase in spending follows a year in which revenue from DWI fines lags behind the previous year, but the program has more than $200,000 in reserves against an approximate annual spending plan of $200,000 and the state agency that overseas STOP-DWI programs thinks that level of reserves is too high, so Genesee County needs to spend its program reserves down a bit.

The law enforcement leaders on the STOP-DWI committee also want to see an increase in spending on anti-drunk-driving efforts, so spending reserves now doesn't worry them.

"Everybody understands this could mean cuts in the future," Landers said.

The program is funded through fines paid by drivers convicted of DWI.

The number of arrests for DWI in the county declined steadily from the 1980s until 2014, when changes in laws brought about a slight uptick in arrests.

In 2015 there were 228 arrests, generating $190,000 in paid fines. For 2016, the fine revenue is projected to be $183,000.

The projected revenue for 2017 is $190,000. Landers is proposing a 2017 budget of $226,000.

That would require transferring $36,000 from reserves.

The portion of reserves earmarked for law enforcement is $16,000.

Spending more on enforcement could mean more arrests, which means more revenue, but that really isn't the goal, Landers said after the meeting.

"It’s both sides," Landers said. "Obviously when arrests are up, it generates more revenue and it shows that we’re getting drunks off the road, but then again, when arrests are up, it shows there are more drunks out there. The idea is that in a perfect world the program would go away someday because there are no more drunks on the road.

"So, yes, it’s a double-edged sword. It’s good when arrests are up for revenue purposes. We can do more initiatives, but it means there are more drunks out there and it shows there is more work to be done."

It's the first day of school, but not just for students, but for some staff, too, including Batavia Middle School's new principal, Ashley John Grillo.

Grillo, originally from Albion, was most recently assistant principal at Holley Central School and was appointed to his new role this Spring.

He said he's very excited by the prospects of his new position.

“Fortunately, I’ve got a great team I’m working  with; the staff I’ve met so far have been wonderful," Grillo said.  "They’ve been very welcoming, very helpful. I’m very excited about this year. I only see nothing but positive things happening."

Grillo said he also received a warm welcome from the student's this morning.

"It’s been a blast," Grillo said. "I’ve been shaking hands all morning with kids and saying hi and introducing myself, and they’ve been coming to me, too, so it’s been nice."

A motorcycle accident is reported in the area of 7550 Telephone Road, Pavilion.

Injuries are reported.

The motorcycle is off the roadway.

Pavilion fire and Mercy EMS dispatched.

Mercy Flight is on ground standby.

UPDATE 7:35 p.m.: There are two victims. Mercy Flight isn't necessary.

UPDATE 7:41 p.m.: Second ambulance requested to the scene.

A deputy has been dispatched to the Mount Rest Cemetery in Bergen, Route 262 and Route 19, to investigate a complaint of damage to headstones.

Press release:

The City of Batavia Police Department has been investigating the discovery of a deceased male in the sand wash at DeWitt park. The City of Batavia Police Department is issuing a clarification in the timeline of the originally reported events.

The timeline is as follows:

• 08:54HRS: Fisherman discovers deceased male, contacts Genesee County Dispatch Center 09:03HRS: Officers arrive on scene
• 10:30HRS: Genesee County Coroner Douglas pronounces time of death
• 11:13HRS: City of Batavia Fire Department and Batavia Police Department Detectives perform water recovery

Cause of death is still under investigation. The Batavia Police Department will not be releasing the identification of the deceased male until the next of kin has been notified. The Batavia Police Department will update the media with any new information as it becomes available. 

The city's animal control officer has been dispatched to an address on Union Street where a caller reports that a dog is tied up outside every day and barks all day.

"The caller has had enough," the dispatcher told the officer.

A second caller, who heard the dispatch, says he believes the dog is on Woodrow.

An accident with injuries is reported at Lockport Road and Albion Road, Oakfield.

Oakfield fire and Mercy EMS responding.

UPDATE 10:10 a.m.: Oakfield Fire Police on location. Both lanes blocked.

UPDATE 10:14 a.m.: Minor injuries.

UPDATE 11:15 a.m.: Units back in service.

We came across this time-lapse video on YouTube of the construction of the new wing at Liberty Pumps.

Rummaging around in the radio station's transmitter site on Creek Road a couple of years ago, WBTA's owner Dan Fischer found the old stainless steel call letters that once adorned the second-floor exterior of 90 Main Street, the radio station's first home 75 years ago.

When the radio station moved to Cedar Place some years later, so did the letters, but whenever the station's studios moved again, the letters were shuffled off to storage at the transmitter building and forgotten until Fischer uncovered them.

As part of a remodeling project at the station's current location at Main and Center, Fischer had the letters polished up and Jeff Gillard designed and built a mounting system that off-set the letters two inches from the wall and back lit them with LED lights.

The long hallway like area at the front of the office has always been a hard area to decorate, Fischer said. It was just a long blank wall and a few small pictures really did not do the space justice. The call letters are a perfect fit.

"They’re obviously a showpiece, a conversation piece, they bring back the history of the station, they’re 75 years old, and when you think of that, and most those years, they were outside, I think they held up pretty well," Fischer said.

To purchase prints, click here.

P.S.: I'm not adopting any of the dogs Volunteers for Animals brought to the parade today. Promise.

It likely will be days before we know how a man whose body was found partially submerged in the lake at DeWitt Recreation Area in Batavia died.

A fisherman first noticed the body some time after 6 a.m., which is when the Cedar Street park opened, and he notified a member of the park maintenance staff.

Batavia PD was notified at 8:54 a.m.

Officer Marc Lawrence, who briefed media earlier this afternoon at DeWitt, said he couldn't speculate on why there was a delay between the body being spotted and police being contacted.

Lawrence said there is no information available indicating the age or race of the deceased.

The body was found at the far end of the lake from the main entrance, in the northeast corner, on the other side of the land bridge that has been exposed by the drought.

As of early this afternoon, a scuba-diving team was still searching the lake for any potential evidence that might be connected to the incident.

At this time, the investigation is being handled as a criminal investigation, pending new information that might indicate otherwise.

There have been two recent missing person reports in the area, but there's no information at this time connecting those reports to this incident, Lawrence said.

A three-vehicle accident is reported at the intersection of Route 63 and Route 20, Pavilion.

Injuries are reported.

Pavilion Fire and Mercy EMS dispatched.

UPDATE 2:25 p.m.: Callers have not indicated extent of injuries. A chief in route has requested Mercy Flight on a ground standby.

UPDATE 2:29 p.m.: Fire Police requested to the scene.

UPDATE 2:32 p.m.: A second ambulance requested to the scene, non-emergency.

A motor vehicle accident with injuries is reported at 117 East Main St., Le Roy.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 2:12 p.m.: Fire Police requested for traffic control.

UPDATE 2:24 p.m.: Patient extricated.

A motor-vehicle accident with injuries is reported at Oak Street and Richmond Avenue.

City fire and Mercy EMS responding.

UPDATE 9:20 a.m.: No injuries. Police believe the driver of the sedan, heading west on Richmond, ran a red light.

The Alexander Trojans beat the Notre Dame Fighting Irish in a Saturday night game played in Warsaw (because of renovations to Alexander's field) 45-15.

The Trojans scored all of their points in the first half and the Irish scored theirs in the second.

P.J. Brennan was 10 of 16 passing for 198 yards and three TDs and zero interceptions for Alexander. Derrick Busch caught three balls for 75 yards and two TDs. Dane Heberlein rushed for 61 yards on 11 carries and scored twice. Job Smith had 12 yards on three carries and scored. He also had two receptions for 26 yards and scored on a nine-yard TD pass. Chris McClinic caught two passes for 54 yards.

On defense, Eric Scharlau had three sacks and Zach Jasen had a sack and two tackles.

To purchase prints, click here.

The day in the life of a police officer isn't always just about seeing bad people do bad things, they also see good people doing good things. And the folks at Sweet Pea's Cupcakery Cafe on Jackson Street wanted to provide a way for Batavia PD officers to reward the people they come across who do the little things to help make the community better. They made up "Random Act of Cupcake" cards for police officers to hand out to people they come across doing good things.

The cards read, "You've been caught doing good! Enjoy a free cupcake or cookie."

Pictured Lyndsey, from Sweet Pea's, and Officer Mitchell Cowen, who helped coordinate the effort with Batavia PD.

The man who shot and killed an Alexander High School graduate last year entered a guilty plea and will serve at least 45 years in prison.

Zachary Ludwig was sentenced in West Chester, Pa., on Friday.

Ludwig admitted to buying an unregistered shotgun, cutting its barrel down to 12 inches and then luring Nichols Mruczek out of his apartment and firing the gun at point-blank range.

Ludwig was angry because Mruczek was in a relationship with his ex-girlfriend.

Reporter Michael P. Rellahan was in court Friday for the hearing and published a detailed account of the proceedings for the Phoenix Reporter. 

Mruczek's parents and brother spoke in court about the devastating loss their family suffered.

“He was one in a million,” said his mother, Dawn Werner, who had traveled from New York to attend the hearing, as had the others. “He had a smile that would light up a room, and he learned at a young age that if he flashed that smile he could melt your heart."

The prosecution consulted the family prior to the plea deal and Nick's brother Justin acknowledged that it would be impossible to fashion a deal that would bring his brother back.

“I wish I could honestly say and think that justice has been served but there is no amount of jail time that can bring back such a beautiful, fun-loving life like my brother’s," Justin said.

Nick's father, Pat Mruczek, recalled how he spoke to his son daily and his mobile phone has become a difficult reminder of what he's lost.

“My cell phone only reminds me of the death of my son," Pat Mruczek said. "How I hate my phone. If it was not for all the pictures (of Mruczek) I have on it I would have thrown it away long ago.

“A big part of my life is gone and I will never get that back,” he added.

Ludwig said he deeply regrets his crime.

“Every day I wish I could bring Mruczek back," Ludwig said. "I can never forgive myself for what I’ve done. I cannot apologize enough.

“I understand if you think I am a monster,” Ludwig added. “I’d have to agree with you.”

Ludwig, who could have received a life prison sentence if convicted by a jury, admitted to third-degree murder, which carried a maximum penalty of 20 to 40 years in prison. However, he was given a 45-90 year sentence because he also entered guilty pleas to attempted burglary, terroristic threats, prohibited offensive weapons, recklessly endangering another person and possession of instruments of a crime.

The 23-year-old Ludwig was offered the plea deal, and the chance to some day get out of prison, according to Deputy District Attorney Michelle Frei, because of his contrition, lack of prior criminal record and relatively young age.