We just received this notice from Kim Amey at Cornell Cooperative Extension:
Please be advised that all of the phone lines for Cornell Cooperative Extension of Genesee County are currently down. There is no estimated time of repair. Please contact the Extension office via e-mail at bae4@cornell.edu, visit the website at www.genesee.shutterfly.com or stop by the office at 420 E. Main Street in Batavia.
Starting in August, any driver convicted in New York of driving drunk will have to install a device that prevents the car from starting if he or she can't pass a breathalyzer test.
The new requirement was apparently a provision in Leandra’s Law, the legislation passed and signed into law last fall in less than 30 days following the death of a young girl who was a passenger in a car driven by a drunken driver.
Not only will the device be required in the primary car of the convicted drunken driver, but also any car that the driver might even occasionally drive, or have access to drive (work vehicles are exempted).
That means, husband gets convicted of DWI, both his wife's car and his teenage daughter still living at home will need to have the devices installed. The interlock-ignition device is designed to prevent a car from starting if the driver blows a .02 or higher. It will also randomly require a driver to blow in the device as the person is driving to help ensure a friend didn't blow in it to get the car started initially (example photo here).
"Since when do we start punishing innocent people?" said Assistant County Manager Frank V. Ciaccia during the Monday meeting of the Public Safety Committee. "These are people who weren’t convicted of anything. Now every morning they get in a vehicle they’ve got to blow into this thing to get the car to start?"
County officials are most concerned about the additional costs associated with the legislation, which could reach into the hundreds of thousands of dollars.
There are some 360 DWI convictions in Genesee County each year, according to County Manager Jay Gsell. Only about 40 percent of those drivers convicted are placed on probation. The rest are given a conditional release.
While those on probation will mean additional supervisory responsibility for the county's probation department, the other 60 percent on conditional release will now require additional supervision for which there is little provision in the county budget to provide.
Additionally, judges will be asked to make a determination -- based on state-provided guidelines -- on whether a convicted drunken driver can afford the device. If he can't, the county will pick up the tab.
Each device costs $100 to install and $100 per month to maintain.
In Genesee County, there could be as many as 450 to 500 of these devices installed, and nobody can estimate at this time how many will be paid for by taxpayers.
Funded or not, all will need to be monitored by county probation, Genesee Justice or some other county agency (the new law doesn't specify who will be responsible for monitoring compliance).
Gsell said Assembly and Senate representatives throughout the state are crying ignorance of these new provisions -- they just thought they were cracking down on drunken drivers with kids in the car.
"What apparently most of the legislators did not know is that this law went beyond just DWIs with a 15-year-old or younger in their car," Gsell said. "It applies to all DWIs. None of the legislators we've talked to understood when we've asked them to please look at this. They were clueless almost to a statewide unanimous number."
It's hard to believe, though, that legislators in Albany weren't fully aware of these provisions. The bill, Govenor's Program Bill 204 (pdf), is only 25 pages long with all of the new provisions conveniently underlined. Most of code section being amended deals with ignition locks and the new language clearly specifies both the "owner or operator" aspect and numerous times the additional phrase "conditional release" is added. The only way to miss its full scope, is to not read the bill at all.
Even if a legislator just read the cover memo (pdf), the first paragraph clearly states, "In addition, this bill requires all individuals convicted of a misdemeanor or felony DWI offense to install and maintain an interlock device."
Julie Smith, director of County Probation, said the devices are effective deterrents to drunken driving -- there are a few in use in the county now -- but it's unclear how much of an extra burden the revised law will put on her department. She also pointed out that all enforcement action the courts and probation take are based on statistical evidence about risk levels and the nature of the crimes. This new law doesn't make those distinctions.
“Here we have something that uses no evidence based practice," Smith said. "Whether it’s your first DWI or your fifth, you’re getting it.”
Gsell said that while there may be complaints about spouses being required to blow into a machine to start their cars, the loudest complaints will when somebody who was supposed to be prevented from driving, manages to drive drunk anyway.
"When someone doesn’t get the notification (the device manufacturer may not be able to notify the county of a device failure for five to 10 days), and two days after it failed to operate, disables the device and goes out, still gets drunk, still kills someone -- that’s when all hell is going to break loose," Gsell said.
The committee asked that a resolution asking for the law to be amended be presented at Wednesday's Ways and Means Committee meeting.
Such a resolution would mirror what is happening elsewhere in the state, where county legislatures, as they learn about the law, are taking steps to oppose some of its provisions. Examples can be found in Greene County and Essex County.
Legislator Jay Grasso, a former Sheriff's deputy, said he made more than 300 DWI arrests in his law enforcement career, but he doesn't see the need to put these devices in the cars of first-time, misdemeanor DWI offenders.
“I have no objection, in theory, to an interlock device for the multiple offender, for the felony offender," Grasso said. "To do this for that first-time offender – and I’m not excusing them, because I certainly locked them all up – who goes to the wine tasting, who goes to the carnival, and has a few too many and gets arrested, he's not gong to be your repeat offender. But that multiple guy, yeah, let’s put the interlock device on him."
Legislator Ray Cianfrini wanted to know if there was any way the county could just not enforce this "unfunded mandate," but, he was told, there's probably no way around it.
“This is a perfect example of a good law gone wild," Cianfrini said. "I’m so angry when I hear this now."
Pictured are Julie Smith and Frank Ciaccia
According to reader Ashley Bolsei, who took this picture, an SUV apparently jumped a curb and hit at tree at around 5:15 p.m., today, at the intersection of Summit and Exchange streets.
Today, I spotted this old well in front of a barn on Dodgeson Road, Alexander.
Tracy L. Smith, is charged with 12 counts resulting from an alleged scheme to steal money from the Bank of Castile in Le Roy.
The counts:
For previous coverage, click here.
Stuart P. Newbould, is indicated on a felony count of DWI and with a felony count of driving with a BAC of .08 or greater. Newbould is accused of driving drunk on Jan. 8, 2010, on South Holley Road, Byron.
Darryl J. Lippert is indicated on felony count of DWI and a felony count of driving with a BAC. of .08 or greater. Lippert is accused of driving drunk on Jan. 2, 2010 on Route 20 in Alexander.
Genesee County will get its first urgent care clinic on July 1 when UMMC opens the new service at a location in Le Roy.
Currently, there is no urgent care clinic in Batavia or the surrounding towns and villages.
The facility is intended to provide services to residents in Le Roy and that part of the county, said UMMC spokeswoman Colleen Flynn, but any resident -- and anybody in the UMMC system -- can seek treatment at the Le Roy clinic.
No appointment will be necessary for patients seeking treatment for a range of non-life threatening injuries and illnesses.
"Urgent care fills a unique need in a community beyond what you can normally get at your doctor's office by having to make an appointment and then wait for that appointment if you're ill, or going to the emergency room with something that isn't really a life-threatening condition and having to wait long periods of time to be seen," Flynn told WBTA this morning.
UMMC officials say the clinic, which will be open from 11 a.m. to 9 p.m. seven days a week, will provide patients with a cost effective and convenient way to seek treatment.
For those covered by insurance, co-pays for urgent care treatment tend to be less than emergency room treatment, officials.
The new clinic will be located where UMMC currently operates the LeRoy Diagnostic Center and Tountas Family Care Clinic, at 3 Tountas Ave., next door to LeRoy Ambulance.
Flynn said the Le Roy clinic has been in the planning stages for months. As for a similar clinic opening in Batavia, Flynn said that remains a possibility.
Two men recently indicted by the Grand Jury of alleged property crimes entered not guilty pleas today.
Bryan M. Hargrave is charged with three counts of burglary, 3rd, criminal mischief and petit larceny.
Hargrave is accused of breaking into businesses in Pavilion and the Town of Batavia on Sept. 23.
Carl Rivers, is accused of stealing a 2000 Chevrolet Silverado on March 19, 2009, in Oakfield. He is charged with one count of grand larceny, 3rd.
Hargrave is out of jail under supervision of Genesee Justice.
Rivers is in jail without bail, but will have a bail review on Thursday. He has prior felony convictions, according to his attorney, Gary Horton.
Hargrave and Rivers are accused of completely unrelated crimes. Their cases happened to be on the docket back-to-back today.
Lisa Rene Richmond, 22, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Richmond is accused of maintaining squalid living conditions with her 2-year-old son living at the house. Department of Social Services and Child Protective Services are following up on the case.
Lynda Rae Morrill, 44, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Morrill is accused of allowing her 2-year-old grandson to live in squalor.
Leslie G. Cannon, 46, of 9022 Linwood Road, Le Roy, is charged with unauthorized use of a vehicle, 3rd. Cannon is accused of borrowing a car and then refusing to return it at the agreed upon time.
Shannon Victoria Albano, 25, of 1523 Friedman Road, Darien, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Albano was stopped at 1:03 a.m., Monday, on Griswold Road in Darien by Deputy Jason Saile.
Javonie E. McKinney, 36, of 705 Viking Way, Brockport, is charged with DWI, aggravated unlicensed operation, improper lane change and leaving the scene of an accident. McKinney was driving on Bank Street in Batavia at 12:40 a.m., Saturday, when he allegedly struck a utility pole. He then allegedly drove from the scene and was located later at Bank and North streets.
Brandon C. Dodd, 23, of 41 Maple St., Batavia, is charged with harassment, 2nd, Dodd is accused of going to the house of a woman and threatening to hurt her. He was jailed on $2,000 bail.
Summer Marie Morley, 26, of 36 Exchange St., Apt. C, Attica, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morley was stopped at 12:45 a.m., Saturday, by Deputy Jason Saile on Route 238 in Darien.
Tiffany M. Miller, 20, of Rochester, is charged of petit larceny. Miller was arrested by State Police at 2:11 p.m., Friday, at Kmart.
A 17-year-old from Batavia is charged with criminal mischief and criminal contempt. The youth was arrested in Batavia by State Police at 6:50 p.m., Friday.
Brandon M. Culliton, 23, of Batavia, is charged with unlawful possession of marijuana and DWI. Culliton was stopped by State Police at 9:10 p.m., Thursday, on Route 262 and Bank Street Road, Byron.
David R. Elliott, 20, of Wyoming, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and possession alcohol by a person under 21. Elliott was arrested by Le Roy Patrolman Daryl Robb following an accident in which a car reportedly driven by Elliott struck a utility pole on South Street.
Two cars are reportedly on fire at 6005 Bartof Road, Stafford.
Stafford fire is responding.
UPDATE 9:19 p.m.: Both car fires are out.
A five-car accident with no injuries is reported in the parking lot of Sacred Heart Church at 15 Sumner St. in Batavia. Fire and/or police are responding.
UPDATE (6:55 p.m.): "She didn't know which pedal did what," said Batavia Police Officer Matthew Baldwin at the scene of mild mayhem in the church parking lot.
They were all there for Bingo Nite when, according to Baldwin, a woman offered to help a disabled lady by moving her car for her, making it easier for her to get in. But the Good Samaritan was unfamilar with the vehicle controls, made for the disabled, and she accelerated too fast, couldn't stop and hit two parked cars. One of those vehicles smashed two other cars, and the driver, still in reverse, then hit a truck.
Nobody was hurt in the accident.
(Isn't five in a row Bingo?)
UPDATE: Photos by Howard Owens.
The magnolia tree outside the Holland Land Office Museum is in full bloom.
Faculty and students of John Kennedy School were at Clor's in Batavia this afternoon selling BBQ chicken meals to help raise money to fund field trips for students to such places as Cooperstown.
Don Carroll, below, was also on hand selling raffle tickets in support of his annual Christmas toy drive. And the cook in the bottom photo wanted his picture on The Batavian.
A caller has reported smoke coming from the basement at a residence at 7875 Fotch Road, Byron.
The residence was reported still occupied at the time of the dispatch.
Stafford and Town of Batavia Fire have been dispatched.
UPDATE 2:39 p.m.: Residence is evacuated. Asst. chief on scene reports, "nothing showing."
UPDATE 2:41 p.m.: Chief reports light smoke. He's requested a thermal-imaging camera to check the structure in the basement.
Dave and Sandra Wheeler enjoy the wide open spaces and life on the farm. On Molasses Hill, in the northeast corner of Attica, the husband and wife team raise American Quarterhorses, Paints, Herefords and Angus. Here, amid the rolling foothills of the Appalachian Plateau, the Wheeler's horses and cattle graze and gambol about in spacious pastures with the lake plain as a backdrop, On a clear day the view is exceptional.
This photo is taken from the top of Molasses Hill Rd. looking north. The Wheeler farm is a couple hundred yards to the west. Using the zoom lens......
the water tower at the Batavia Vet's Hospital comes into view, to the right are four silos located north of the thruway. The cylindrical shape to the right of the silos is the Elba water tank.
This cavorting Paint certainly seems happy with the location....
while a pair of angus watch the camera.
Casting a wary eye in my direction....
A pair of Paints grazing.........I'll get back to the livestock in a moment, first a couple more scenic shots.
Zooming in from the Wheeler's east pasture, that's the Rochester skyline off in the distance...Xerox Tower, Lincoln Tower, etc.
The plume of smoke on the horizon is spewing from the Somerset smokestack on the shore of Lake Ontario in Niagara County.
As this Paint parades past, just inside the woods are a few bovines that decided to play "hooky".
Chow time in the cattle barn....
Munching away....
It was time to say so long, and hopefully I'll see these horses barrel racing at the Attica Rodeo this summer.
Today was EcoFest at GCC, with local residents driving through the parking lot and dropping off old computers, TVs and other home electronics for recycling. Inside the college, there were also a number of environment-related information booths, activities for children and exotic animals.
More pictures after the jump:
One of the complaints of landlords in Batavia is that when there is a problem with a property, the city rarely issues a violation notice against the tenant.
It's usually the landlord that gets hauled into court.
It doesn't have to be that way, according to City Court Judge Robert Balbick.
Balbick spoke with members of the Neighborhood Improvement Committee on Thursday afternoon.
"Under city code they are both responsible," Balbick said. "I don’t choose who the defendant is. That's the choice of the city."
Council members Sam Barone, Rose Mary Christian and Bob Bialkowski were on hand for the meeting.
Balbick told them they could amend city code to require tenants to be included in any enforcement action.
Batavia landlord Terry Platt is on the committee, and he said he would certainly like to see Batavia become known as a place where, if you're a tenant and you cause a code violation, you're going to be held responsible.
“If we could work toward the tenant area and let the tenants in this city know that they are going to be held responsible, then over a five- to 10-year period this city could be just like Stafford -- Judge Muskopf set a precedence there," Platt said. "When you drive through Stafford today, you still slow down. He set a precedence. (Tenants will learn) 'Hey, don’t do that because you’ll get nailed in this city.'"
Balbick also suggested that landlords could call police for some enforcement actions against tenants.
“I’ve looked at pictures and the things that happened in apartments and it borders on being criminal," Balbick said. "Some of the damage isn’t just wear-and-tear on carpets. Some of the damage is holes in the walls and broken windows. You have your civil remedy but people may consider other remedies, such as going to the police. And have the police department address it as criminal mischief."
Platt said he's tried that route and the response from the police is always, "it's a civil matter."
Platt said 10 years ago, he and his crew were in an apartment doing work and they found a pound of marijuana. He said he told police and the police didn't want to take action, since Platt hadn't seen it actually being carried into the apartment.
So, Platt said he went to the tenant and told him he had two choices -- stay and he was calling the cops or move out.
“I knew the cops wouldn’t do anything, but I knew he’d get out if I said that, and he did," Platt said. "I wanted him off my property because I didn’t want that on my property.”
A good portion of Balbick's conversation was directed at explaining how court works for code-enforcement matters.
Disclosure: Terry Platt is my residential landlord.
The phrase "tea party" has taken on a new meaning these days, but this morning a group of pre-school girls were on hand at the Richmond Memorial Library to reclaim the term for things more frivolous than worrying about government and taxes.
It was the "Fancy Nancy Tea Party," named after a series of popular children books.
About a dozen girls were on hand with their mothers, dressing up, decorating their own cups and plates and then sitting down to a real tea party.
Above are Mia, 3, and her friend Jadyn, 4.
Kaitlin, 2.
Violet, 3.
The women organizing and supervising the event were also all dressed up for the occassion. Above is June Lee.
Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.
Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.
Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.
Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.
Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.
T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.
SOLD OUT
Batavia's Steve Hawley may not yet have a Democrat opponent -- if he ever has one -- in this year's 139th Assembly District election, but it's clear who he's running against.
Hawley, first elected to the Assembly in 2006, did something Thursday -- Tax Day -- he's never done before: Held a rally announcing his candidacy for re-election.
In announcing, Hawley made it clear, downstate interests, Albany Democrats and their leader Sheldon Silver, and legislative members who put party ahead of constituents' interests are his primary opponents.
"I’m going to be traveling as our conference program committee chairman to talk with the media across the state of New York about what it is that we stand for," Hawley said. "I’m hoping as we tell them what we stand for, that they will read that, listen to that, hear that, and then check to see who their representative is, and whether they’re voting with Sheldon Silver or whether they’re voting for their constituents."
Hawley told the four dozen or so people gathered in the court yard of the Old County Courthouse that the Assembly Republicans have a plan to cut $4 billion to $6 billion in state spending. The plan relies heavily on eliminating fraud in social services payments.
Hawley said it's time that New York become known as a place that creates economic opportunity rather than as a magnet for welfare cases.
"We need people coming to New York for jobs," Hawley said. "We need people coming to New York for their families. We don’t need people coming to New York because of the programs that we offer for those who are not working or don’t want to work. We need to reward competence and hard work, not people who are full of lethargy."
Hawley is a Republican from a Republican district in a blue state. Even so, he said after his speech, that he remains optimistic that he and like-minded individuals can turn New York around.
In a post-speech interview, Hawley spoke more about the need for change in Albany and how he and fellow Republicans are going to try to get a message of change out to the whole state, not just Republican districts.
"We're going to travel across the state, whether it's Democrats or conservatives, incumbent or not, we're going to try and take our message to people across the state," Hawley said. "We're in a fiscal morass here. We're in a horrific position we've never been in before. A $9.2 billion deficit and the inability to say no and cut back.
"Cut backs and no are negative and they are very, very difficult and when people depend upon an elected position as their occupation they'll pretty much have a harder time saying no to somebody than those who do not. In the beginning, elected representation was supposed to be, step away from your full-time job, look at it as an avocation, go to your state capitol, do what your neighbors want you to do and then come back to your job. We've gotten away from that and we have to return to that."
Hawley said the goal isn't necessarily to get Republicans elected, but to change Albany.
"I think it's going to take Democrats, Republicans, independents, tea party members to take the state back," Hawley said. "Make it as central for the people who are going to Albany from their neighborhoods to be able to look at the entire state, as well in Manhattan and the three or four blocks they represent, or in the Adirondacks where it could take five hours to get from one end of the district to the other. Take a look at the 120,000 people you represent and then look at the state as a whole and figure we need to make changes for the state.
"It's not just a district job. It's a state job. If there are members of other parties who have different ideas, say in Manhattan, in Queens, in the Bronx, then they need to challenge an incumbent in a primary. It doesn't matter whether it's a Democrat or a Republican. If it's a Republican, fine. If it's a Democrat, fine. We need new blood. We need people who are not beholden. We need people who can open up the blinders on the sides of their eyes."
In his answer, Hawley mentioned the tea party movement and during his speech, a supporter behind him held up the "Don't Tread On Me" flag, which has become one of the symbols of the tea party movement. We asked Hawley were he stood in relation to the tea party movement.
"I think any group of people who want to participate in the democratic process and their government ought to be encouraged, as long as they're doing it in a way that is respectful of others, in a way that takes others' feelings into mind, and in a way that is non-adversarial in terms of violence," Hawley said. "There has been some indication of brick throwing and everything else -- most of the people I've talked to, and I was with a large group in Albany the other day, tea party people, a big rally, are not those kinds of people.
"They want to take their government back. They want to have a strict interpretation of the Constitution and they want to take government encroachment on everyday lives out of it. These are good people. These are people who want to participate. And this is America and they ought to be able to."
During his speech, Hawley made reference to medical marijuana and he's previously opposed bills attempting to make marijuana use for medicinal purposes legal, so we asked him if he would change his position if a scientific poll showed a majority in his district supported it.
"I represent the constituents viewpoints regardless of my personal belief and I know that overwhelmingly the people of the 139th Assembly District do not support medicinal use of marijuana," Hawley said. "I will represent their interest and vote no."
When asked how he knew that was the position of the people of the district, Hawley said he travels around the district extensively and talks with people about a range of issues.
"I can tell you as a guy who hangs out a little bit, I know how people think around here," Hawley said. "It's never 100 percent, of course. You just hope you're getting 51 percent at least."
Asked if he anticipated a Democratic opponent this election, Hawley said, "I would hope as always that there would be opposition. That's what America is all about and people deserve a choice."
AUDIO: Listen to Hawley's full speech (mp3).
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