There are too many gang members in New York, in Sen. Kirsten Gillibrand's view, and she wants to do something about it.

Today, Gillibrand announced a sweeping piece of legislation that she's co-sponsoring called the Youth PROMISE Act.

The act will:

... help keep children from joining gangs and fight gang-related crime. The legislation would draw on recommendations from a broad range of community leaders and experts to develop effective policies to prevent children from joining gangs and break up existing gangs.

Specifically, communities facing the greatest youth gang and crime challenges would initiate a coordinated response from law enforcement, court services, schools, social services, health and mental-health providers, and community-service and faith-based organizations.

Gillibrand said there are 50,000 gang members in New York, including 4,000 in WNY.

The specific measures proposed in the legislation:

Arm Law Enforcement with Resources to Fight Gang Activity, Drug Crime
Senator Gillibrand is cosponsoring the Gang Abatement and Prevention Act of 2009. The legislation toughens penalties for gang-related offenses, creates High Intensity Gang Activity Areas (HIGAAs) structured to target areas where gang activity is prevalent, authorizes federal grants through the Office of Justice Programs for gang prevention and intervention, initiates a national commission to develop effective gang and crime prevention strategies, and authorizes the Attorney General to expand the Project Safe Neighborhoods Program and the Safe Streets Program.

Additionally, the legislation launches an anti-heroin media campaign to educate the public about the dangers of heroin use, and the drug’s ability to destroy lives, families and entire communities.

Restore Funding for Safe and Drug Free Schools
Senator Gillibrand is fighting to restore funding cuts to state grants administered through the Office of Safe and Drug Free Schools. Last year, the Obama Administration was forced to eliminate grants for state governments that funded anti-drug programs in local school districts – a total of $295 million annually.  

Senator Gillibrand is gathering support from senators Tom Harkin (D-IA) and Thad Cochran (R-MS), chairman and ranking member of the Labor-HHS Appropriations Subcommittee to restore this funding in the FY2011 Appropriations Bill.

Maintain Funding for Drug Free Communities Grant Program
Senator Gillibrand is also lobbying Senators Durbin and Collins to keep funding for the Drug Free Communities Grant Program for FY2011 – and fight a $9.5 million proposed funding cut for the program that provides community-based anti-drug coalitions to keep children, families and communities safe.

Fully Fund the High Intensity Drug Trafficking Area (HIDTA) Program
Senator Gillibrand is lobbying senators Dick Durbin (D-IL) and Susan Collins (R-MA), chairman and ranking member of the Appropriations Subcommittee on Financial Services and General Government, to fully fund HIDTA in FY2011 – and fight a proposed 12-percent funding cut.

The HIDTA program gives local law enforcement agencies the resources they need to mount coordinated anti-drug efforts. Last year, Senator Gillibrand worked with Senator Schumer to secure HIDTA funding to fight drug crime in Clinton, Franklin and St. Lawrence counties.

Two photos that were first published on The Batavian will represent Genesee County in a statewide contest aimed at finding photos that showcase New York's landscapes and landmarks.

The winners of the Genesee County stage of the contest were announced by County Legislature Chairwoman Mary Pat Hancock today.

The winners are "Barn Storm - LeRoy, NY" by Le Roy resident Darrick Coleman and "Old Courthouse at Sunset" by Batavia resident Howard Owens.

The Coleman photo is being submitted in the landscape category and the photo from Owens is in the landmark category.

The contest is sponsored by the New York State Association of Counties.

Genesee County received more than two dozen submissions from about 12 photographers.

For more on Coleman, here's a video Philip Anselmo made about him in 2008. For more of Darrick's photography, click here.

Chad E. Heideman, 35, of 10540 Roosevelt Highway, Lyndonville, is charged with criminal contempt. At about 1:40 a.m., Le Roy Police responded to a report that Heideman was at the residence of a woman in Le Roy. There is reportedly a order of protection in place barring Heideman from having contact with that woman. Heideman was jailed on $1,000 bail.

On a hot, humid summer Monday, the Legislature's Public Services Committee spent 15 minutes talking about keeping the snow off of county roads.

It may be June, but now is the time to plan the purchase of salt -- or sodium chloride -- to spread on winter roads.

The committee approved the purchase of rock salt from American Rock Salt out of Hampton Corners for $40.16 a ton, up 40 cents from last year.

American Rock Salt beat out the only other bidder, North American Salt Company, which bid $70.48 per ton.

None of the other four companies that were invited to bid have done so.

County Supervisor Tim Hens said the lack of bids might be due to the fact that the other companies know it will be hard to beat American Rock Salt's bid because ARS is located so close to Genesee County. Or maybe they're anticipating a lot of sales to the northeast and Washington, D.C. after the snow-heavy winter those areas endured last winter.

"We're lucky to be located where we are in terms of salt mines," Hens said.

Because it was a mild winter in Western New York, Hens said the county currently has its salt barn about one-third full, which should cut down on the amount of salt the county must  purchase this year.

The county budgeted $115,000 for rock salt this year.

When you attend a Batavia Muckdogs game at Dwyer Stadium, if you think you're there to watch a baseball game, you've missed at least 65 percent of the reason to be there on a warm summer night.

The main reason to be at Dwyer is the people the stands -- your neighbors, friends and family -- and if you don't know anybody, just start talking, you'll soon make a new friend.

Bill Kauffman writes a lovely tribute to his friend Dennis Bowler for the Front Porch Republic, St. Dennis of the Bleachers.

The home opener for the Muckdogs is Saturday.  I hope to see you there.

What Public Defender Gary Horton calls a "throw off line" in a recent court decision could create a headache for Genesee County.

New York Court of Appeals in May ruled in favor of a defendant on a case and mentioned that one of the problems with the defendant's conviction was that he wasn't given adequate representation at his initial arraignment.

It's common in upstate New York -- including Genesee County -- for defendants arrested in off-hours to be given an initial arraignment without their own attorney in court, even a public defender.

The arraignments are pretty routine -- the defendant learns the charges against him and what his rights are going forward -- but the court ruled, according to Horton, that the arraignment is a critical part of the process and defendants should have legal representation.

Horton said he's concerned that the Office of Court Administration will order that no arraignment should take place without the defendant having an attorney in court.

"I didn’t hire attorneys to be on call and basically you would have to have an attorney on call every night and on weekends," Horton told the County's Public Service Committee on Monday afternoon.

Many of the larger counties, according to Horton, have certified holding cells -- allowing the counties to keep arrestees behind bars until the normal business hours of courts and the public defender's office.

The ruling likely won't effect previous convictions, Horton said, because courts would find that a defendant's case outcome would have changed even if there had been a public defender at the initial arraignment. It would be a "harmless error," according to Horton.

My son-in-law, Jeff Bartz, grew up in Stafford and is the youth pastor at Grace Baptist Church in Batavia. An avid outdoorsman he became a good shot with a bow and arrow rather quickly. As a result, I had little doubt he would master a Hawaiian sling. But never for a moment, not in my wildest dreams did I think he would become so proficient so fast. When we started out as dive companions I was his instructor, showing him how to use mask, fins, snorkel and how to use a "sling." Two years later I was relegated to fish retriever, swimming to the bottom to collect fish he'd speared. And I didn't mind one bit, knowing there would be fresh fish on the dining table. But spearing fish on coral reefs a mile or more offshore can be a bit hairy at times as fresh kills often meant predatory species came cruising.

This barracuda provided plenty of thrills - from the moment Jeff speared it until we put it in the boat. After cartwheeling all over the place, the "cuda" died on the bottom in thirty plus feet of water. A few minuters later I hit a nice sized margate that took off into the coral maze with my spear. We were treading water when Jeff said, "There's a shark." Now short of breath I asked "Where?" "Right there" he said, motioning below us. I peered into the water and sure enough, maybe twelve or fifteen feet below us, a gray reef shark came swimming toward the coral, its tail sweeping back and forth, its head swinging from side to side. Anything but oblivious to our presence, the shark paid us no mind and was probably homing in on the wounded margate. 

  Our spearfishing expeditions lasted long enough to gather the evening dinner. We made sure there was plenty of time for family recreational diving. In photo above one of my grandson's has spotted something.

  Turns out to be a sea biscuit. Only 8 years old at the time of photo, he's become quite adept in the water.

  Four year old Michael had no qualms about the ocean. 

But the little guy wasn't quite ready to take the plunge.

A school of striped grunts mingle with a lone tang and a blue parrot fish.

A "stoplight" parrot fish.

Spiny lobsters have no claws....still great eating.

Mutton snapper also provide excellent table fare.

This is a porcupine fish - covered with spines and not good eating!

Upside down porcupine fish!

Reg Sweeting grew up on Man 'O War Cay where he still resides. He works the stone crab and lobster boats in season. Here he's about to take a hatchet to a conch and release vacuum inside.

Having broken the seal he applies the knife....

and its conch fritters for dinner....

along with some grouper!

The Man 'O War cemetery. Jeff refers to this pic as "the hope of heaven in the Bahamas." 

Sunset over Marsh Harbour.

Jane LaWall, above, attended the flag burning ceremony at the Batavia American Legion this afternoon to honor her late brother George Fry, who was killed in action in Vietnam in 1969. Also participating in the Flag Day ceremony were Ron Konieczny and Paul LaValley, as well as (in pictures below, after the jump), John and Karen Bannister, Jim Neider and Kristen Sikora.

Leadership Genesee was at Terry Hills today for a golf tournament and a bocce ball tournament. Above Sara Mattingly tosses a bocce ball while competitor Susie Boyce behind her roots against her effort.

Three more pictures after the jump:

The two teams competing for the short time I was there were comprised of, from left, Susie Boyce, Jane Scott, Gwen Wuest, Marie Nettnin, Lorie Stupp and Sara Mattingly.

A general fire alarm has sounded at Allens, Inc., the food processing plant on Stevens Street in Oakfield.

The facility was the site of an ammonia leak on Saturday.

The building is being evacuated.

The alarm company tells Genesee dispatch that they don't know what caused the alarm.

An assistant fire chief is on scene. He reports nothing showing. The building is evacuated.

UPDATE 2:24 p.m.: Oakfield Fire has cleared the scene. Back in service.

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A passenger was injured in a two-car crash at 7:30 p.m., Sunday in Darien.

One driver was cited for failure to yield right-of-way.

Cited was a 17-year-old from Alden who was reportedly heading north on County Line Road and stopped at the stop sign before allegedly proceeding.

Driving west on Route 20 was Ronald P. Pfeil, 52, of West Seneca. His passenger, 48-year-old Barbara Pfeil, was transported to Erie County Medical Center.

The 17-year-old, nor her 11-year-old passenger, nor Ronald Pfeil were injured.

Fernando Casteneda, 47, of Transit Raod, Elba, is charged with criminal possession of a weapon, 4th (unlicensed handgun). Deputy Chris Parker responded to Casteneda's residence at 9:52 a.m., Sunday, following a complaint of an alleged domestic dispute in which it was reported Casteneda had a gun. Casteneda is accused of possessing an unlicensed Hi Point 40 Cal semi-automatic pistol.

Lucus M. Hamlin, 32, of Canaseraga, is charged with DWI and driving with a BAC of .08 or greater. Hamlin was charged for allegedly driving drunk in the Darien Lake parking lot at 12:16 a.m., Sunday.

Justin D. McQuillen, 21, of Freeman Road, Byron, is charged with DWI and speeding. McQuillen was stopped at 11:52 p.m., Saturday, on Route 237, Byron, by Deputy Chad Minuto.

Raymond William Schramm, 24, of W. Main St. Road, Batavia, is charged with endangering the welfare of a child. Schramm was charged after a 4-year-old child reportedly entrusted to his care was found wondering on the shoulder of Route 5.

The following individuals were charged with disorderly conduct following an alleged fight at Darien Lakes Theme Park at 9:15 p.m., Sunday: Octavia M. Kimble, 19, of Rochester; a 17-year-old from Rochester; Tara B. Moore, 19, of Rochester; Corey M. Bogdanovitch, 21, of Waterloo; a 17-year-old from Rochester; Katlin C. Baily, 18, of Clyde; Tasia D. Blocker, 20, of Rochester.

Theodore D. Lazik, 27, of 73 River St., Batavia, is charged with DWI, running a red light and unlicensed operation. Lazik was stopped by Officer J.A. Davis at 10:35 p.m., Saturday, at the intersection of Main and Bank streets.

Katrina I. Drake, 20, of 21 Wood St., Batavia, is charged with criminal mischief, 4th. Drake is accused of breaking the window of a neighbor's house on Friday. She was located and arrested on Saturday.

Gregory Seppe, 52, of Batavia (no permanent street address), is charged with attempted petit larceny and criminal trespass, 3rd. Seppe is accused entering the rear fenced yard of a local resident and attempting to steal a portion of the white vinyl fence. Seppe was reportedly observed by the resident. Seppe was jailed on $1,000 bail.

Brittany LeeAnn Ellis, 21, of Mill Street, Nunda, was arrested on a bench warrant for petit larceny. Ellis was turned over to the Genesee County Sheriff's Office by the Livingston County Sheriff's Office.

A 17-year-old is charged with petit larceny and illegal entry into the country. The youth was allegedly caught concealing two bottles of cologne in his pants pocket. He allegedly left the Kmart store without paying for the cologne. After receiving an appearance ticket for the alleged petit larceny, he was turned over to ICE on the immigration charge.

A 16-year-old from Albion is charged with petit larceny for alleged shoplifting from Kmart.

Steven L. Maltese, 41, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Maltese was stopped by State Police at 12:05 a.m., Saturday, on Center Street, Batavia.

An accident on Prole Road, Stafford, early Sunday morning led to a vehicle fire and an arrest for the 21-year-old driver on a charge of alleged DWI.

Adam B. Thomas, of 191 S. Main St., Batavia, was headed North on Prole at 5:33 a.m. when his 1999 Dodge sedan reportedly left the road, hit a rock pile and then a group of trees before catching on fire.

Thomas allegedly fled the scene and was located later.

The accident was investigated by Deputy Tim Weis, who charged Adams with DWI, driving with a BAC of .08 or greater, leaving the scene of an accident, unlicensed operation, no seat belt, driving on a suspended license and speeding.

A 23-year-old woman from Alden was charged with DWI and a felony under "Leandra's Law" after reportedly being involved in a two-car accident in Darien on Thursday evening.

Haley A. Heidebreicht, of Seabrook Drive, Alden, allegedly had a BAC of .08 or greater. And she allegedly had a 5-month-old girl in the 2000 Dodge SUV she was driving.

Heidebreicht was driving westbound on Sumner Road when another driver reportedly failed to yield at the intersection with Colby Road.

Three people were hurt in the accident, including the 5-month-old, who was transported to Children's Hospital by ground ambulance. The driver and passenger in the other vehicle also suffered minor injuries and were taken to UMMC.

The other driver, Margaret M. Bliemeister, 46, of Townline Road, Alden, was issued a citation.

Her passenger was 16-year-old Edwin T. Bliemeister, also of Alden.

While local stream levels were a bit high last week and the water discolored due to recent rain, there were ample photo opportunitites along the creek banks.

A gosling cluster out for a swim....note the lone goose on the bank high to the right.

Here they're about to exit the creek.

.

Yellow flag wild iris blooms are numerous this time of year

while the blue flag is less prolific.

A fern glade extends to the creek bank

A decaying stump wearing Virginia creeper as a hat

Feeding time

Despite the roily water and overcast sky it was  a good day on the creek!

(Updated version at 1:25 p.m.)

A man suspected of killing two people in Brockway, Pa., has been identified by Sheriff Gary Maha as a "person of interest" in the Nov. 10, 2005 slaying of Oakfield resident Bill Fickel.

The Fickel murder has gone unsolved for five years.

Steven Patrick Rebert, 45, 422 N. Broad St., Emporium, Pa. knew Fickel, according to Maha. At one time, Rebert was a resident of East Shelby Road, Oakfield.

The Sheriff's Office arrested Rebert June 3 in the Town of Alabama on a criminal possession of a weapon charge. He was allegedly carrying a switchblade knife.

Rebert was reportedly in Genesee County visiting relatives at the time.

A Pennsylvania radio station reported that Rebert was in New York when arrested for the alleged double homicide in Brockway. It's unclear if that would have been the June 3 arrest or a subsequent arrest.

The murder of Wayne and Vicky Shugar of Brockway occurred April 12. Vicky Shugar was a flower shop owner and Rebert reportedly came to know the couple while involved with an employee of the store. Pennsylvannia police say they have not identified a motive for the killings. For more on the Shugar murders, click here.

Media reports are also tying Rebert to the unsolved murder of Kevin Smith in Orleans County.

Bill Fickel, who was 46 at the time of his death, was shot and killed outside his home on Burns Road, Oakfield. No suspect has ever been previously identified.

A possible one-time residence of Rebert, on East Shelby Road, is not far from the murder scene. The two roads intersect (see map below).

There may have been evidence found in Rebert's home that has led law enforcement to consider him a suspect in the unsolved murders in Genesee and Orleans counties.

DNA evidence has reportedly tied Rebert to the Shugar murders. DNA from Wayne Shugar was reportedly found on one of Rebert's work boots. The Shugars were found shot to death in the basement of their home. There are also reports that Rebert had previously been seen in the area of the Shugar's home as much as a month before the murder.

There is also DNA evidence in the Fickel murder. Three days ago, Chief Deputy Jerome Brewster told The Batavian that the Sheriff's Office is continually looking for a DNA match.

Asked about a possible suspect being identified, Brewster would say only that  recent leads "take us in a direction we want to go."

Lisa Fickel, who is not available for comment this morning, also said she was "hopeful" about recent developments in the case.

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A truck attempting to turn around on Route 5 in Corfu has become stuck and is now blocking both lanes of traffic.

The cab of the truck apparently became stuck in the yard of 540 Main Road.  The trailer is in the roadway.

Law enforcement is responding.

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Officials have yet to determine what caused an ammonia leak this afternoon at the Allens, Inc., food processing plant on Stevens Street in Oakfield.

The leak prompted a call for residents to evacuate the south side of the village, including the baseball fields and park off Drake, which was filled with families and children on a warm, reasonably sunny Saturday.

Oakfield's big garage sale day was interrupted by the emergency, but some sellers tried to carry on even as fire police were keeping anyone from entering the cordoned area.

“Oakfield fire company responded very quickly," said Allen's plant manager Jeff Clark. "Genesee County (hazmat) came in. We were able to work together with their people and my people being able to go in, discover the (origin) and shut off the values to stop the leak."

The initial call came in at about 12:30 p.m. The leak was contained at about 2:30 p.m. (The Batavian's initial report is available here.)

Visibility in the room with the leak and the heat of the day made it especially challenging to get to the proper valve and shut off the ammonia, officials said.

One firefighter suffered heat exhaustion and was transported by ground ambulance to an area hospital. He was doing fine an hour or so later, according to Oakfield Chief Sean Downing.

Clark said no Allens personnel were in the machine room when the leak occurred and no Allens personnel were hurt.

"We have hazmat drills several times per year," Clark said, explaining that employees know exactly the process for evacuating the plant when an alarm sounds.

The heat, one official said, causes the ammonia to stay close to the ground, making it more of a health hazard, and also making it more likely to settle in the basin where the community ball fields are located.

The wind, which was blowing at 15 to 20 mph, Downing said, spread the plume further than it might otherwise move, but also helped dissipate the gas more quickly.

Residents within a half-mile radius of the plant were notified of the leak using the county's reverse 9-1-1 system. They were advised to stay inside and close their windows.

The biggest concern, Downing said, was people with respiratory problems being exposed to the fumes. No medical issues were reported in the village related to the leak.

Emergency personnel were called in from Alabama, East Pembroke and Elba fire departments. The Monroe County hazmat team was dispatched to the scene to provide relief to the local hazmat teams. Shortly after the Monroe County team arrived, the leak was contained, so the team was sent into the village to test the air quality.

No heavy concentrations were found after the leak was contained, said Deputy Fire Coordinator James Bouton.

Ammonia is used at the plant in the refrigeration system.

“It’s part of our system to freeze the vegetables that are harvested locally," Clark said.

The system contains 38,000 lbs. of ammonia, Clark said, but not the entire system was effected by the leak. He could not say today how many pounds of ammonia escaped the plant.

The plant operates seven days a week, 24 hours a day. More than 200 people are employed there during peak season, and 65 employees were working today's day shift.

Allens, Inc., is based in Siloam Springs, Ark.

Allens acquired the Oakfield plant from Birdseye about three years ago, Clark said.

About four years ago, the plant had another ammonia leak. In that case, Clark said, a pressure valve gave way and the leak was contained in about 15 minutes.

Clark said he couldn't immediately estimate the financial loss to the company from the leak. He said all of the vegetables exposed to the ammonia will be thrown out.

Top inset: Jeff Clark; Bottom inset: Chief Sean Downing