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This afternoon, just about anywhere I looked I could see a possible picture. I would have been out longer, but 4 p.m. rolled around and it was time to cover the Genesee County Legislature, which also explains why I'm just now getting the afternoon's photos posted.

Above, a tree on the grounds of the VA Center. Below, Vincent DiRisio helps his grandfather Harry Wortzman shovel his driveway. More pictures after the jump.

Centennial Park

Close up of the berries on the tree pictured above.

The clothesline in our own backyard.

Legislator Bob Bausch was a brave soul this evening during the county's budget discussion.

Perhaps, he ventured, the legislature should consider raising taxes.

His reason: This may be the last chance.

Governor-elect Andrew Cuomo has said he wants to cap property tax increases at 2 percent. That may apply to the total levy (in Genesee County, that's about $24 million), and it may just apply to school districts.

Or it may not.

And Bausch wondered aloud if maybe the county should raise the property tax rate by as much as $1 to establish a higher levy and avoid having its hands tied for the 2012 budget.

The suggestion hit the floor like an anvil.

No other legislator was willing to pick up the idea, though County Manager Jay Gsell did note briefly that Cuomo's proposal just seems like an attempt by Albany to further restrict what little control local governments have over local budgets.

Next year, Gsell said, the county may have to grapple with a $9 million deficit.

During the Genesee Justice discussion, Chairwoman Mary Pat Hancock said, "We must shrink the size of government because we're a burden to our constituents. We can't go back on that now."

But is there really a hue and cry from Genesee County residents of "don't raise our taxes no matter what the consequences"?

Isn't the government that's a real burden on taxpayers sitting in Albany or Washington, not 15 Main St., Batavia?

As we were leaving tonight, I mentioned to Legislator Ray Cianfrini that this is the most fascinating budget process I've covered in my journalism career. He said wryly, "wait until next year."

Here's a very interesting article about the property tax cap from LoHud.com. Well researched and well worth reading.

In one of the other budget stories we've been tracking -- besides Genesee Justice -- funding for the Soil and Water Conservation District will remain level.

The 15-percent expenditure cut which local farm leaders said would cripple the district will be covered by a fund balance (money in the bank) the district has available.

With the fund balance transfer, the district's 2011 funding will be the same as 2010, County Manager Jay Gsell told the legislature this evening.

The proposal must still be approved by the legislature when it meets Dec. 8.

Genesee County's world-renowned restorative justice agency is spared the budget ax for at least five more days.

A proposal by Genesee Justice Director Ed Minardo to cut staff hours and eliminate his own job deserves further study, all nine legislators agreed during a budget discussion meeting at the Old Courthouse this evening.

While the proposal comes close to eliminating all of the expense necessary to keep the county budget balanced, more savings must be found.

But the big unresolved question is will the county's employee union, the Civil Service Employees Association, allow Genesee Justice staff to cut their own hours.

If CSEA blocks the reduction in hours, Minardo's entire plan to save Genesee Justice could collapse.

"The unions have to agree," said County Manager Jay Gsell. "We tried something similar to this with Job Development Bureau when we lost some grant funding and they said, 'don't come near here.' They don't want to make changes to the work force that create different tiers of employees."

Minardo said he hopes that by giving Genesee Justice at least one more year of life, new funding sources can be found, primarily through the creation of a charitable foundation.

"What I'm saying is take a leap of faith and take me out of the picture for right now," Minardo said. "Let us look and see if in the next year we can find more concrete funding streams. Let us see if the community will support Genesee Justice."

There are a couple of leaders in the justice community who have already offered to serve on a foundation board, Minardo said.

The idea of eliminating Genesee Justice -- a pioneering restorative justice program founded with grant money 30 years ago -- first arose in Gsell's preliminary budget proposal a few weeks ago. Gsell was under orders from the legislature to cut spending and not raise taxes.

The Criminal Justice Advisory Council -- a group of leaders in the local community justice system  that is currently chaired by Minardo -- has been working to find ways to reduce expenses to save the program. The Sheriff's Department offered more cuts to its own budget and according to District Attorney Lawrence Friedman, as of yesterday, the budget gap had been closed by less than $100,000.

Then late today, Minardo presented his proposal to the legislature, closing the budget gap to less than $12,000.

Genesee Justice's programs include handling Release Under Supervision (RUS) for pre-trial offenders, DWI conditional discharges, community service for offenders, advocacy for abused children and victims' assistance.

Under Gsell's initial proposal, the Probation Department would have assumed all of those duties except for child advocacy and victims' assistance. Child advocacy, which is entirely funded by grants, would have remained with the Sheriff's Office.

In Gsell's revised proposal, presented today along with Minardo's proposal, most functions still move to probation, but the District Attorney's Office would take over the victims' assistance program.

Friedman said the district attorney's offices in 38 counties in the state handle victims' assistance, so it's not an unusual thought, yet he's uncomfortable with the idea.

"This is not the ideal solution to say the least," said Friedman in response to a question from Chairwoman Mary Pat Hancock. "I certainly don't want to be in a position of competing with Ed (Minardo) to provide these services.

"This is not something I want to do. My position is that Genesee Justice should remain intact. That is best for the county in the long run and the best way to keep costs down."

Legislators balked at acting on Minardo's proposal with key questions still unanswered. And more than one person said they couldn't support it unless it could be made "budget neutral," meaning Minardo's plan needs to eliminate as much expense as Gsell's proposal.

Hancock expressed both support for the idea and admiration for Minardo's self-sacrifice, but also said she felt obligated to support the directive given to Gsell in the first place.

"The people who have come forth on this particular issue are people I respect," Hancock said. "These are people who don't usually take such strong stands on issues. I know they like us. They're not against us, but they're wondering why we're doing this. They must be right, but strangely I think I'm right."

There is no way, Hancock said, the legislature can consider a tax increase.

"We must shrink the size of government because we're a burden to our constituents," Hancock said. "We can't go back on that now."

Legislator Jay Grasso questioned the validity of the Genesee Justice program based on Minardo's proposal, saying that all of its supporters had argued that the level of service provided by Genesee Justice couldn't be diminished, but it seemed like Minardo's proposal would do just that.

"I'm concerned that the director's position never really was necessary," Grasso said. "At the 11th hour, this is a lot to digest and I wonder why we were even paying for it in the first place."

Friedman immediately jumped back into the conversation and made the point that Minardo's offer to eliminate his own job was being made not because it isn't a necessary role, but it's the only way to continue the good work of Genesse Justice and see if a long-term solution for financial support could be found.

"This is the next best possible solution," Friedman said. "Ed would rather lose his job than see the agency disappear and I respect him for that. I don't think it should be looked on as saying his position is unnecessary."

As for diminishing the services, Friedman said moving Genesee Justice's functions to probation would do just that. In comparing the two plans, he said, the original proposal would result in even fewer man hours devoted to the functions of Genesee Justice than in Minardo's plan to reduce staff hours.

As for cutting hours and needing CSEA's approval to do so, Minardo made the point that while recently employees have been authorized for 37 1/2-hour work weeks, Genesee Justice has also been staffed at times by employees who worked 30 and 35 hours a week.

The discussion ended with Legislator Hollis Upson saying there was a lot to consider in Minardo's proposal, that he certainly respects the recommendation of CJAC, but that before the legislature can approve Minardo's idea it must be proven that it is budget neutral.

"It’s a very unusual move to offer the sacrifice that Ed has offered and I think he deserves for us to give it some real time and consideration."

County Manager's revised budget proposal moves the duties of Genesee Justice to probation, with victims' advocacy becoming a division of the District Attorney's office.

Genesee Justice Director Ed Minardo has offered a counter proposal that keeps Genesee Justice in place, but reduces hours of staff and Ed himself would resign his position.

Gsell characterized his proposal as a reduction in service, but District Attorney Lawrence Friedman said Ed's proposal is by far preferable to eliminating Genesee Justice.

The legislature is discussing the options now.

UPDATE 5:08 p.m.: Genesee Justice is not dead yet. Ed Minardo's proposal will receive a week's worth of study to find out if some issues can be resolved (more later). The legislature will meet on this topic next Monday at 5:05 p.m.

MORE TK

A car has reportedly struck a guardrail and came to rest in the median in the area of mile marker 396.2.

Unknown injuries.

East Pembroke Fire and Mercy EMS dispatched.

Also, there's a two-car, no-injury accident on Route 77 near Indian Falls.

A car is reportedly on its side following a one-car accident on Batavia-Elba Townline Road near Hutton Road, Oakfield.

Reported minor injuries.

A  deputy warns other responders, "Be careful, the roads are icing over."

Oakfield Fire and Mercy EMS dispatched.

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Basilio Martinez, 47, of Route 33, Bergen, is charged with criminal possession of stolen property 4th, criminal possession of a weapon 4th and petit larceny. Martinez was arrested following an investigation into stolen firewood from a residence on Parmelee Road, Le Roy, at 5:30 p.m., Sunday. The homeowner confronted the suspect and was able to obtain a partial plate number of the suspect's vehicle. Martinez was located in Bergen and allegedly found in possession of stolen firewood and a shotgun that was reported stolen out of Livingston County in 2000. The investigation was conducted by Deputy Bradley Mazur.

Glenn Howard Wright, 40, of of 5400 Broadway Road, Bethany, is charged with criminal possession of a weapon 4th.  Wright was arrested following a police response to his residence on a check-the-welfare call at 10:16 a.m., Tuesday. Wright, reportedly a convicted felon, was allegedly found in possession of a 12 gauge double barrel shotgun.

Sharon Lee Awall, 43, of Dodson Road, Alexander, is charged with two counts of grand larceny 4th. Awal is accused of stealing a wallet with credit cards, debit cards and jewelery worth more than $1,000.

A 16-year-old Le Roy youth is charged with criminal impersonation 2nd and identity theft 3rd. The youth is accused of tyring to use a false identity to purchase alcohol at a local gas station. He was allegedly in possession of an out-of-state identification belonging to another person.

Is Bradley Manning a criminal or a hero?

Story: Opinion piece on Yahoo! News

An electrical fire has been reported at 1806 Indian Falls Road, Corfu.

The fire is reportedly in the wall of the residence.

Indian Falls and East Pembroke Fire dispatched.

UPDATE 9:56 p.m.: When the East Pembroke chief responded, he had Indian Falls standby in quarters. He requested from his own crew a thermal camera. He just released Indian Falls back in service.

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The Batavia Police Department released information today on seven individuals who are wanted on warrants related to various alleged crimes.

Below are the mug shots and available information on each individual.

Citizens are asked to call Batavia PD at 345-6350 (the county emergency dispatch number). Citizens are warned not to try and apprehend these individuals on their own.

Robert J. Eppolito: born 8/14/1982; 5' 8", 160 lbs; last known address -- 28 Washington Ave. Warrant: Menacing, 2nd - Weapon.

Dashawn A. Butler: born 10/19/1979; 6' 1", 180 lbs; last known address -- 120 State St. Warrant: Criminal Possession of a Weapon, 3rd, Menacing, 2nd.

Amanda A. Maben: born 05/30/1978; 5' 3", 115 lbs; last known address -- 7740 Lewiston Road. Warrant: Possession of a Forged Instrument, 3rd.

Larry R. Brewer: born 02/18/1966; 6', 190 lbs; last known address -- 3 Maple St., lower.
Warrants: Aggravated Harassment x 3, Criminal Contempt, 1st x 3.

Jamie C. Wilmet: born 12/20/1984; 5' 9", 145 lbs; last known address -- 20 N. Spruce St. Warrant: Criminal Possession of a Weapon, 3rd.

Brian A. Merritt: born: 6/21/1974; 6' 2", 185 lbs.; last known address -- 10571 Main St., Alexander. Warrant: Criminal Contempt, 1st.

Jeremiah D. Williams: born 4/06/1991; 5' 10", 135 lbs.; last known address -- 9 Raymond Ave. Warrant: Level 3 Sex Offender - Failure to Verify Address.

Changes are afoot for Genesee County's Americorps program, Kathy Frank told the Human Services Committee on Monday.

First, all new applicants will need to go through an FBI background check, not just the state criminal background check required in previous years, and the federal government is looking for local programs to better align with six primary areas of focus.

"The signs are pretty clear that if we're going to compete for funding, we need to be more aligned with these national performance measures," Frank said.

Frank is in charge of the local Americorps programs.

Americorps members provide services and help to local agencies, including youth programs, community outreach, library work and other social programs. Members are paid and can also earn credits to pay for education, or pay down student loans. The program is open to anybody 17 and up and members who are 55 or older can transfer college grants to children or grandchildren.

The county program runs on about a $300,000 annual budget, with more than $186,000 being paid by federal grants, Frank said, and the rest is covered by contributions from the agencies that use Americorps members.

There are current 46 members.

The new national priorities for Americorps focuses on education, a healthy future, financial opportunities, the environment, veterans and disaster preparedness.

Frank said anybody who would like to join Americorps should call 344-3960.

After some number crunching yesterday, members of the Criminal Justice Advisory Council concluded that eliminating Genesee Justice will save the county less than $100,000.

Most of Genesee Justice's budget is covered by state and federal grants, but in recent years the county's portion of the operations expense has climbed to $237,000.

To help come up with expense savings to protect Genesee Justice, according to District Attorney Lawrence Friedman -- who's a member of CJAC -- $80,000 in possible cuts have been identified by the Sheriff's Office and Genesee Justice.

That includes a voluntary 6-percent pay cut from the Genesee Justice staff.

"We thought we made a good case (for Genesee Justice at the budget hearing)," Friedman said. "We'd still like to believe (its elimination) is not going to happen."

Thirty years ago, the concepts that built Genesee Justice -- restorative justice and offender accountability -- were novel and not universally embraced by the law enforcement and thenlegal community. Now local criminal justice experts are solidly behind saving Genesee Justice.

"As we've said, this would be like a 30-year step back in history," Friedman said.

He said CJAC members are waiting for the release, sometime today or tomorrow, of County Manager Jay Gsell's revised budget proposal to see just what the cost differential will be.

The costs of moving Genesee Justice functions to probation go beyond just adding three more staff members to the Probation Department, though solid numbers are not immediately available.

Also, it's completely unclear, Friedman said, whether the grants now used to help fund Genesee Justice will follow the programs to probation.

"There were a lot of people at the meeting (Monday)," Friedman said. "Everybody reiterated what they said at the hearing -- that this is a bad idea."

The Legislature will be in conference on the proposed budget at the Old Courthouse at 4 p.m. Wednesday.

A 15-percent reduction in the Holland Land Office Museum budget could mean a serious cut in programs or hours of operations, Board President Bob Turk told the county's Human Services Committee on Monday.

"A 15-percent cut would make it really hard to keep the museum going," Turk said.

The proposed budget provides about $39,000 for operations at HLOM.

Currently, the museum is staffed by one full-time director -- currently, Interim Director Jeff Donahue -- and a part-time staff member.

The loss of more than $6,000 in funding will mean the museum will likely need to cut its part-time employee, who provides essential support, both in terms of hours of operation and fundraising programs, that help keep the museum going, Turk said.

A 7.5- to 8.5-percent budget cut would be less damaging, he said.

Legislature Chairwoman Mary Pat Hancock, who sat in on the meeting, suggested that the museum board tap into its reserves.

"I understand you have a fund reserve," Hancock said, adding that the county has sometimes had to use its reserve funds, too.

Legislature Hollis Upson, who sits on the HLOM board, said the board has generally not considered the fund balance as something to use for operational expenses, but if it could be construed as a one-time measure, perhaps they would.

"It should be considered a survival tactic in extraordinary times," said Hancock.

Turk said he wants to find ways to keep the museum open more often, including starting a lecture series and other special events.

"I feel that the museum belongs to the community and I want to draw as many people into the building as possible because it's their building," Turk said.

There was no apparent support from legislators at the Human Services meeting for decreasing HLOM's budget cut.

The county budget must be approved by Dec. 8.

Lake effect snow is forecast for at least parts of Genesee County on Wednesday afternoon and into Thursday.

Where snowfall is the heaviest, there could be up to a foot of accumulation.

The National Weather Service said the current pattern indicates lake effect snow hitting southern Genesee County, and possibly Batavia, but a slight change in wind direction could push the storm further north with Batavia getting the heaviest accumulation. Then again, a wind direction change could push the storm further south.

The Genesee County Legislature will meet at 4 p.m. Wednesday to discuss the 2011 budget for the final time, with decisions before them that will have consequences for the local economy and civic environment for years to come.

Top on the agenda is what becomes of Genesee Justice.

County Manager Jay Gsell's preliminary budget called for eliminating seven Genesee Justice jobs and creating three new staff positions in the Probation Department, with probation taking over most of the pioneering restorative justice program's functions.

All of the county's top justice system experts -- including District Attorney Lawrence Friedman, Sheriff Gary Maha and Public Defender Gary Horton (inset picture) -- have lobbied to save Genesee Justice.

The experts say Genesee Justice has saved the county millions of dollars because many people who might otherwise be incarcerated are carefully supervised by Genesee Justice. The loss of Genesee Justice could mean that in a few years Genesee County will need to build a new jail at a cost of up to $30 million.

County officials, however, say these are dire economic times and costs need to be cut and taxes can't be raised. The county needs to trim about $7.5 million from its initial spending plan for 2011.

For years, Genesee Justice was funded entirely by grants, but over the years some those grants have dried up and local taxpayers must pick up about $237,000 of the operational costs of Genesee Justice.

Gsell plans to save that money, figuring that probation can assume the key functions of Genesee Justice.

"We know what services Genesee Justice delivers and we know how it is delivered," Gsell said for a previous story. "What we're looking at is how can we deliver that same level of service to the community through the Probation Department."

Julie Smith, probation director, said her department can assume the services and still help keep down the population level of the jail.

For example, Smith said, probation handled the release-under-supervision program for 26 years before handing it off to Genesee Justice in 2006.

Maha warned, however, that in neighboring counties, where there are no programs like Genesee Justice, the counties struggle with their jail populations.

"If the jail population increases, the State Commission of Correction will come down and tell us to do something about our increased population -- like build a new jail or put on an addition," Maha said. "We'll be like our neighbors to our south who had to build a jail addition to address their jail population."

Besides Genesee Justice, the legislature needs to decide what to do with the Soil and Water Conservation District, which is facing a 15-percent expense cut.

The cut, local farm leaders say, could end many vital services Soil and Water provides to farmers, helping keep them in business in a tough economic and regulatory environment.

"(The cut) would be a real detriment to the agriculture industry in Genesee County," said Brad Rodgers, chairman of the Soil and Water board of directors. "Even level funding would hurt us."

Scott Page, president of the Genesee County Farm Bureau, believes keeping Soil and Water is critical to protecting Genesee County's economic base.

"If we hurt ag, we miss an opportunity to move forward," said Page. "The more we build off our agricultural base, the better the local economy will do."

The conference meeting at 4 p.m. Wednesday will not include a public comment period, but the session at the Old Courthouse is open to the public.

Following the conference meeting, the Ways and Means Committee will convene. Final budget amendments will be voted at that time, which are recommendations for the full legislature to consider. The full legislature will vote on the final 2011 county budget Dec. 8.

A Batavia woman faces a Leandra's Law felony drunken driving charge following a reported hit-and-run accident on Farnsworth Street in Oakfield last night.

Tonya Marie Weber, 26, a School Street resident, was allegedly driving a 1992 Dodge Shadow on Farnsworth when she struck at least one parked car.

The front license plate reportedly fell off the car at the scene and the car reportedly suffered heavy front-end damage.

Within 10 minutes of the 6:44 p.m. accident, Weber's car was reportedly found at another residence in the Village of Oakfield.

Upon investigation, Deputy Joseph Graff concluded that Weber was allegedly driving the vehicle in an intoxicated condition at the time of the accident and a child under 15 years old was in the car.

Weber is charged under Leandra's Law and with DWI, driving with a BAC of .08 or greater, endangering the welfare of a child, leaving the scene of a property damage accident and moving from lane unsafely.

An arraignment date was set for Dec. 20.

(Initial Report)

Batavia Police have been alerted to look for a 1992 Dodge Shadow that was allegedly involved in a hit-and-run accident in the area of 20 Farnsworth St., Oakfield.

The small sedan reportedly lost its front license plate after striking at least one car at that address.

The maroon vehicle is registered to a Batavia resident and reportedly has heavy front-end damage.

Sheriff's deputies are responding to the scene in Oakfield.

UPDATE 7:02 p.m.: Car may have been located in Oakfield.

UPDATE 7:38 p.m.: It sounds like there has been arrest.

 

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