Fast action by three people on Swan Street this evening saved a Batavia man from possible serious injury after a car he was working on slipped off a jack and trapped him.

The man, Dean Case, started yelling and two men nearby heard him as well as two boys.

The boys, Peter and Philip, ran to get their mom, Kim Koziol, who called 9-1-1. Jeremy Fitzsimmons and his friend Josh Fye, who was visiting from Darien, rushed to see what was going on.

They said all they could see was Case's legs sticking from under the car. Fitzsimmons ran to get a jack and Fye pushed the car from behind to keep it from rolling back further onto Case. Koziol then came with two wheel ramps and pushed them behind the rear tires to help hold the jacked-up vehicle in place.

Case, who was working on his transmission, stood up immediately after he was pulled from under the vehicle, and he was fully conscious. Fitzsimmons said his first words were, "Next time, I'm calling L&L."

A short time later, Officer John Zola and Batavia Fire personnel arrived on scene. Mercy EMS transported Chase to UMMC for evaluation.

Fitzsimmons and Fye demurred when asked if they were heroes. "We were just in the right place at the right time," Fye said.

Hello fellow pet lovers, I am returning to my duties as Pet of the Week correspondent for The Batavian. I have been busy handling some PR business following our recent award, including posing for portraits, mailing Thanks You, answering fan mail, etc., and enjoying a brief vacation at the lodge. Your patience has been appreciated!

My pick this week is a two-for-one -- Penelope (fawn-colored) and Smudge (white). They are boxers, otherwise known as Gasserdogz/Gasserdogs. I like them because they like drag-racing. In fact, they travel to these kinds of races frequently and are part of the pit crew for a Nostalgia Gasser Class drag car, a 1938 Chevy Coupe. They really keep an eye on things, though you wouldn't suspect them capable of it by their picture.

Their "driver" is Michael Scarborough. He says that the dogs also promote adoption since there are sooo many pups waiting for a second chance at a new forever home, either in rescue or local animal shelters. Through no fault of their own, there are boxers waiting in foster care through Second Chance Boxer Rescue or SCBR. Some boxers were strays, some had to be given up due to financial hardships or abuse/neglect.

According to Scarborough, "Smudge and Penelope are very good during the races ... the cars are loud but that does not bother them one bit. You can see videos of the car and other cars in the Nostalgia Gasser Class on youtube if you search "gasserdogs." Boxers are not for everyone since they are very active and require daily exercise. Some folks might not have the time, but for the right people, boxers are the best fit ever!!! They love kids, are smart, loving and play, play, play."

The official deficit number is $9 billion, but years of accounting tricks aimed at hiding deficit spending masks New York's true fiscal picture, according to Comptroller Thomas DiNapoli.

For years, governors and legislators used a grab bag of fiscal gimmicks to cover up the growing gaps between revenue and expenditures. Those gimmicks are now so widespread and so embedded in Albany budgeting, DiNapoli said, that they have essentially rendered the state’s balance sheet immaterial.

One common device is the “sweep,” where the state grabs a surplus from an another entity — say, the Battery Park City Authority — to cover recurring expenses in the general fund, the state’s main bank account and the one that is required to be kept in balance.

Officials have also moved many day-to-day operating expenses out of the general fund and into other funds, hiding spending growth and hiding the true cost of running the government. For example, Governor Paterson’s proposed budget uses $40 million from the state’s Environmental Protection Fund, which is supposed to pay for parkland acquisitions, to pay salaries and other expenses of the state’s environmental and parks agencies.

Read the whole story.

A State trooper is still investigating the case of two dogs that were found shot dead by their owner Saturday night on Bloomingdale Road in Alabama.

State Police spokeswoman Rebecca Gibbons said a person has admitted shooting the dogs (his name is not being released at this time), but said he did so because the dogs had health problems.

The man is somebody the woman knows.

The dogs were turned over to the Department of Environmental Conservation for examination.

Gibbons said the case remains open.

A two-car accident on West Main Street, Batavia, reportedly caused minor injuries.

The two cars have pulled into the Parisee's parking lot and West Main is not blocked.

City Fire and Mercy EMS are responding.

This minivan became disabled as it turned from East Main Street to Bank Street, Batavia, and was partially blocking the intersection.

A Batavia police officer arrived, spoke with the driver, the boy got out of the passenger side and helped the officer push it out of the way.

Jared Michael Stalker, 26, of 8874 Hartshorn Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and consumption or possession of alcohol in a motor vehicle. Stalker was stopped by Sgt. Brian Frieday at 4:11 a.m., Saturday, on Hartshorn Road in Batavia.

Vincent J. Monteiro, 31, of Buffalo, is charged with DWI. Monteiro was stopped by State Police on the Thruway in Le Roy at 3:09 p.m., Saturday.

Accidents from the State Police blotter:

9:28 a.m., April 4, Arrow Hawk parking lot (Bloomingdale Road), Alabama, two vehicles; Driver 1: Richard A. Ferris, 55, of Interlaken; Driver 2: Zulfiqar A. Syed, 44, of Rochester. No injuries reported.

3:29 p.m., April 4, Kendall Road, Le Roy, two vehicles; Driver 1: Cortney Lee Green, 16, of Byron; Driver 2: Russell A. Lyons, 49, of East Bethany. No injuries reported.

Murrie Hokenson sent along this picture of a tree that fell in his neighbor's yard on Sunday.  The neighbors are the Szczesnys, and one son was visiting from New Jersey. His car was narrowly missed by the falling limb. The other son, Father Szczesny, normally parks right where the tree fell, but was tied up with Easter duties at the time.

A rollover accident with minor injuries has been reported at 3227 Stannard Road, Alexander.

Alexander Fire and Mercy EMS responding.

UPDATE 8:02 a.m.: No injuries. Mercy EMS canceled. "The vehicle is quite a way down in a gully."

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With a nod of approval (no official vote could be taken) from the Legislature's Human Services Committee today, Marilyn Drilling and Barb Toal are ready to push forward with plans for a peace garden next to the Holland Land Office Museum.

They need to raise $55,000 in the next 11 months, and Drilling said a key component of the fundraising campaign will include a dinner with Terry Anderson as the keynote speaker.

Anderson, who was held captive in Lebanon for more than 6 years, from 1985 to 1991, hasn't visited his hometown of Batavia in 19 years.

He didn't want to make it 20, said Drilling, executive director of HLOM, and he agreed to support the peace garden effort at no cost to the organizers.

"Who better to talk about peace than a man who spent so much of his wonderful life behind locked doors," Drilling said.

The dinner is planned for Sept. 9.

The county owns the land next to the museum and must approve any new use of the strip of real estate hard against the Tonawanda Creek. To grant approval, the Legislature must receive a finished plan, which includes at least the potential of approvals from the City of Batavia and the Army Corps of Engineers, as well as contract language from County Attorney Charles Zambito and final engineering plans.

Without that, the Human Services Committee couldn't even poll members for consensus, but it was clear there were no objections from members for pushing forward with the project.

"Of all the people I've heard talk about it, I don't think I've heard anybody say they're not in favor of it," said Hollis Upson. "It's very interesting the amount of outpouring and number of volunteers who support it. It's been vary contagious."

Drilling is concerned that without a sense that the county supports the project, it will impede fundraising, which needs to proceed now.

There are 20 countries with official Peace Gardens, which is an international effort to promote and recognize peace among nations. The Peace Garden Foundation promotes the effort and was founded by current president Paula Savage, a resident and native of Batavia. The Batavia garden would be an honorary, not official, member. It would feature the 20 flags of the countries with official gardens.

Each country would be represented by its flag, and flag poles would be sold for donations of about $2,500 each, according to Drilling.

Drilling sees the peace garden as a natural extension of HLOM, helping to bring in tourists.

Toal, who chairs the local Peace Garden Committee, said it's a natural fit for Batavia and the strong interest in the region from War of 1812 enthusiasts.

Batavia, she said, served as a key defense in stopping the British advance after Buffalo was destroyed. Many tourists interested in the War of 1812 make the trip to Batavia, she said, and the peace garden at HLOM would be an appropriate destination point.

No county funds would be used in building and maintaining the peace garden, which is why, Drilling said, it's important to get started on fundraising now.

To help the county decide the future of its troubled nursing home, a search committee has recommended Center for Governmental Research as the consultant to study the county's options.

County Manager Jay Gsell said CGR was selected because it has no vested interest in the outcome of the research -- it doesn't own, operate, manage or develop nursing homes or assisted-living facilities.

"The committee looked at the eight proposals and felt that CJR was the most neutral," Gsell said.

CGR will be asked to review the total range of options for the nursing home, which Gsell said could result in 10 to 20 possible recommendations. These include, of course, selling it, as well as having it operate under private-benefit corporations, public authority and management firms.

"The list is almost as creative or as plentiful as anybody in New York State would come up with that would be legal," Gsell said.

When asked what his response would be if some people said the county was still primarily focused on divesting itself completely of the nursing home, Gsell that is not even close to true.

"We can’t even, at this point, entertain that notion," Gsell said. "The county legislature is not prepared to make that kind of assessment, and from the legislators I’ve talked to, that’s not even on their radar screen. I can’t say that somebody hasn’t thought about it or that it's not an option somewhere down the road, but we’re not even close to making that kind of recommendation or having any information to say that’s even one of the top recommendations."

As for CJR, it's a non-profit firm based in Rochester. It's "About" page on its Web site says: 

George Eastman, the visionary leader who created Eastman Kodak, founded a bureau of municipal research in Rochester, NY in 1915 “to get things done for the community” and to serve as an “independent, non-partisan agency for keeping citizens informed.” Over more than nine decades CGR has grown from a bureau focused on the needs of one city into an organization with far broader reach.

Today, the Legislature's Human Services Committee approved the selection of GCR. The Ways and Means Committee will be asked to review the contract before it goes to the full Legislature for approval.

Previous coverage: Click Here.

Genesee County has been awarded an energy-efficiency grant for $500,000, the maximum amount available under the program.

The grant was awarded by New York State Energy Research and Development Authority.

The $500K will be used for energy efficiency projects in all 14 county facilities. No matching funds are required.

"This is the first step in a comprehensive energy efficiency program aimed at reducing our energy costs in the county," said Frank Ciaccia, assistant county manager, in a statement.

The county spends nearly $1 million a year on energy.

The first project will be a retrofit of the county buildings with energy efficient lighting and controls.

The project will net the county an immediate $31,000 in savings.

Previously: County planning to hire energy efficiency consultants

Today, I spotted a forsythia bloom for the first time, meaning, it really is spring, and it's time for rose growers to prune their bushes.

A grass fire has been reported just off the Thruway near Route 98.

Town of Batavia Fire is responding.

UPDATE: All units back in service.

Police are looking for a teal-blue pickup truck with a silver tool box that hit another car in the area of Ellicott and Main streets.

The driver of the truck apparently left the scene.

The license plate of the car is described as a New York registration with lots of numbers and some sort of decoration on the plate.

No further details at this time.

UPDATE: The two vehicles did not collide. The driver of a Ford Windstar reports that she took to a curb to avoid an accident. Her car had 8- to 10-inches of paint removed. There was no new damage to the truck, though he may have had damage from a previous accident. The truck was last seen turning onto Court Street and it may have pulled into the parking lot between Jackson and Court.

Of the 18 fire departments in Genesee County, 15 of them responded to grass fires on Friday and/or Saturday.

A total of 13 separate grass fires were reported over the two-day period, according to Emergency Management Coordinator Tim Yaeger.

Over the 48-hour period, local fire departments responded to 58 emergency calls total.

No grass fires were reported Easter Sunday.

All of the fires were potential violations of the state's new ban on open burning, which prohibits residents from going through the spring ritual of piling up fallen leaves and branches and lighting a match. No open burning is allowed from March 16 through May 14 (for more on the new regulations, click here).

"While there was a high volume of grass fire calls, this happens every year time this year and it's why the DEC and New York enacted new regulations not to allow open burning," Yaeger said. "There is no green vegetation, very low humidity and just a little bit of breeze, so even just a few embers can blow off and start a very large fire."

So-called "controlled burns" this time of year create a number of problems for local fire departments, Yaeger said. Responding to the calls themselves can be dangerous, there is always a danger in fighting any kind of fire, and such fires can quickly spread to structures.

That's exactly what happened in Covington, Wyoming County, on Saturday when the Pavilion Fire Department (Covington is in the Pavilion district) responded to a barn fire at 1:34 p.m.

Byron Fire and several mutual-aid departments were tied up for a couple of hours on a rubber fire on Tower Hill Road. The Department of Environmental Conservation was called in for that blaze.

"One of the biggest concerns we have is when people out there are burning illegally," Yaeger said. "It's one thing to burn brush. It's another thing when they're out there burning tires, pesticides, tanks, things that were never allowed to be burned. That’s a real concern to us. It creates pollution and there's a bigger danger of secondary fires."

Over Friday and Saturday, Le Roy responded to four grass fires, Alexander three (all on Saturday), Darien, three, and Stafford, two. Stafford also responded to a locomotive fire (pictures here).

Stafford 2nd Asst. Chief Scott Kibler noted in comments that he and his fellow volunteers were on duty from 3:30 to 9:30 p.m.

The Batavian was with Stafford on the Roanoke Road fire, and the homeowner there seemed fairly embarrassed to have the fire department out to his house. He said he wasn't clear on the new burn regulations. DEC wasn't called to the scene and there was no apparent wllingness to ticket him.

Yaeger said he instructed fire chiefs back in October to use their discretion on whether to call out the DEC to a grass fire, at least for this first year, while people are still getting used to the change in the law.

"We want to inform the public of the new regulations and try to work with them," Yaeger said.

Yaeger said that if you see a possible controlled burn, but it's not out of control, it would be appropriate to contact DEC. If the fire seems to be spreading, witnesses should call 9-1-1.

Sunday afternoon 103 people including volunteers gathered together in the fellowship hall of the Assembly of God church for Care-A-Van Ministries annual Easter Dinner.

A delicous sit down dinner was served to all. Care-A-Van would like to thank everyone for their continued support of the ministry. A special thanks to all the volunteers who gave of their time to be a blessing to others.

Be sure to watch for the big red bus and rescue van this spring and summer. There are alot of exciting events planned including our weekly cookouts which will start soon.

All the children got to pick out their favorite stuffed animal to go home with.

Decisions, decisions on which dessert to have!

A possible structure fire at 3611 W. Main Street Road has been reported.

The caller reports seeing a red glow from the roof of a barn.

East Pembroke Fire and Town of Batavia Fire have been dispatched.

UPDATE 10:29 a.m.: Batavia Engine 24 canceled. Ladder 25 called to the scene. Asst. chief says it does't appear to be a structure fire, but wants the ladder truck there to investigate.

UPDATE: Apparently, some moulding or caulking had become worn and a light was shining through, causing an ember-like glow. No heat. No fire. A reader submitted the photo above.

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