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Canadian D-Day veteran, Alexander volunteer lain to rest

By Howard B. Owens

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Samuel C. Norris, 91, of Batavia, formerly of Alexander, was lain to rest Tuesday with full military honors.

Norris, a past assistant chief of the Alexander Volunteer Fire Department, served with Canada in World War II. His unit landed on Juno Beach, France, on D-Day.

He was born Dec. 30, 1924 in Welland, Ontario, Canada.

For full obituary, click here.

Photos by Laura Friend.

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Accident on Thruway in Le Roy

By Howard B. Owens

An accident with possible injuries is reported in the westbound lane of the Thruway in the area of mile marker 384.

Le Roy fire and Le Roy ambulance along with Mercy EMS dispatched.

UPDATE 9:37 a.m.: A first responder reports a pickup truck with severe damage to the passenger side. There's a semi-truck involved, too. No word on injuries.  

UPDATE 9:42 a.m.: Landing zone being set up on the Thruway for Mercy Flight. The Thruway will be closed for the landing. Once the helicopter has left, firefighters will clean up the roadway of accident debris and then open one lane.

UPDATE 10 a.m.: Mercy Flight is in the air. One lane being reopened. Mercy Flight is headed to Strong Memorial Hospital.

UPDATE 10:11 a.m.: Both lanes open. State Police and Thruway Authority responsible for traffic. Le Roy fire back in service.

ND Cheer wins Division II competition

By Howard B. Owens

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Press release:

On Wednesday, February 3, the Notre Dame Varsity Cheerleaders took first place for Division II in the Genesee Region League Competition, hosted at Byron-Bergen High School. The 14-girl squad, coached by Megan McNally, competed against Elba, Kendall, Wheatland-Chili, and Lyndonville high schools.

It had been five years since ND Cheerleading last earned the Genesee Region League Title, and was an experience the entire team had been working toward. This goal was especially strong for senior captains Cindy Skalny and Shelby McGinnis. “This has been a dream come true for Shelby and me,” said Skalny, who has competed in four GR competitions to date.  “This win was a combination of all of our hard work and we did it!”

After coming off a less-successful competition at Victor the week before, the squad improved their routine score by over 20 points to solidify the League title. Their hard work is far from over though, as the team prepares for the Section V Competition held at RIT on February 27.

Scores:

Division I: Byron-Bergen 91.45, Attica 86.6, Holley 86.3, Pembroke 79.6, Alexander 67.5, Oakfield-Alabama 66.3

Division II: Notre Dame 81.15, Kendall 73, Wheatland Chili 66.8, Elba 66.25, Lyndonville 33.5

Law and Order: Ross Street resident accused of strangulation and theft

By Howard B. Owens

Adam M. Kruetz, 27, of Ross Street, Batavia, is charged with strangulation, 2nd, petit larceny and criminal mischief, 4th. Kruetz allegedly grabbed the throat of another person at 10:20 a.m. Sunday at 5 Ross St., Batavia, and caused that person to nearly lose consciousness, then stole property and broke an item belonging to that person. Kruetz was jailed without bail.

Elizabeth A. Wortman, 28, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and driver's view obstructed. A witness reported a vehicle driving erratically on Lake Street Road, Le Roy, on Monday. A Le Roy PD patrol stopped Wortman's vehicle on Lake Street and Wortman was allegedly found to be intoxicated.

Michael J. Elmore, 25, of Liberty Street, Batavia, is charged with criminal impersonation. Elmore was located in the parking lot of 305 E. Main St., Batavia, and Elmore allegedly provided false identification to a Batavia police officer in an attempt to avoid arrest on a warrant.

Joseph A. Auricchio, 25, of Broadway Road, Darien, is charged with possession of a hypodermic instrument. Auricchio was allegedly found in possession of a needle at 4:53 p.m. Monday at a location on South Main Street, Batavia.

Brant Gordon Matthews, 21, of Maple Avenue, Le Roy, is charged with unlawful possession of marijuana. Matthews allegedly showed up to a probation meeting at 2:08 p.m. Monday with marijuana in his pocket.

Tyler D. Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to meet conditions of sentencing.

Todd Patrick Galen, 53, of Merrill Road, Byron, is charged with criminal contempt, 2nd. Galen allegedly violated a court order by failing to comply with animal control regulations.

Tyler J. Penepent, 21, of Oakfield, is charged with petit larceny. He allegedly stole a car lighting bar worth $12.96 from WalMart. 

Kristen E. Dwyer, 23, of Rochester, is charged with unlawful possession of marijuana. Dwyer was stopped on Judge Road by State Police for an alleged expired registration. She was allegedly found in possession of 3.5 grams of marijuana in a baggie, a glass pipe containing burnt marijuana and a multicolored glass pipe containing burnt marijuana residue.

Complaint of loud rooster on Vernon Avenue

By Howard B. Owens

Batavia PD is asked to check on a loud rooster on Vernon Avenue, Batavia.

The caller wishes to remain anonymous at this time.

The rooster is believed to belong to a resident on Vernon Avenue.

Man with Genesee County ties given year in federal prison on racketeering charge

By Howard B. Owens

An East Rochester man, whom federal authorities say has ties to the Hells Angels, has associates in Genesee County and was arrested in 2009 in Corfu as part of reported scrap metal heist, has been sentenced to 12 months in federal prison on a racketeering charge.

Timothy M. Stone, 36, was convicted of being an accessory after the fact to an assault with a dangerous weapon in aid of racketeering activity.

Stone was convicted of participating in a May 31, 2006 baseball bat attack on a male patron at Spenders Bar in Rochester. Surveillance cameras recorded the attack and the video was stored on a computer hard drive. Stone forcibly removed the hard drive and took the hard drive from the bar and later destroyed the hard drive and the baseball bat used in the attack.

The case is part of a larger investigation that stretches from Monterey, Calif., to Oakfield, with Oakfield residents James H. McAuley Jr. and Donna Boon being charged, along with others, of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine.  

Gordon L. Montgomery, of Batavia, has already been convicted on the charge. He is scheduled to be sentenced May 3.

Robert W. Moran Jr., of Rochester, and Gina Tata, of Rochester, are charged with assault with a dangerous weapon in aid of racketeering activity; and McAuley is charged with conspiracy.

A jury trial for Richard W. Mar, of Monterey, McAuley, Moran, Boon, Jeffrey A. Tyler, of Rochester, and Tata, is scheduled to begin March 7.

Some of the prior related stories:

Edward W. Newman

By Howard B. Owens

Corfu - Edward W. Newman, 76, of Corfu, passed away Tuesday (February 2, 2016) at United Memorial Medical Center, Batavia.

Ed was born May 20, 1939 in Buffalo, a son of the late Walter and Eleanor Weismore Newman. He was a supervisor in the machine shop at Attica Correctional Facility. Ed’s favorite pastimes were fishing and gardening and he was an avid fan of the Buffalo Bills and New York Yankees. He was the brother of the late Phyllis Balduf, James Newman and Jerry Newman.

Ed is survived by his wife, Barbara Witkowski Newman; daughters, Leanne (Eugene Jr.) Jankowski and Teal (Scott) Strollo; grandson, Nathaniel Mullen; a brother, Austin Newman; two sister-in-laws, Carol Newman and June Newman; a brother-in-law, Thomas (Lois) Witkowski; two special nephews, Nick Newman and Jed Balduf and many other nieces and nephews. Ed also leaves behind several very special neighbors and co-workers who were always there for him.

There will be no calling hours. Memorials in memory of Ed may be made to the Volunteers for Animals, 3841 West Main Street Road, Batavia, NY 14020 in honor of his sweet dog Ellee, who was his faithful companion. Arrangements were made by C. B. Beach & Son Mortuary, Inc., 4 East Main Street, Corfu.

Student-athletes invited to session on NCAA rules at BHS

By Howard B. Owens

High school student-athletes interested in playing sports in college are invited to a discussion tonight in the library of Batavia High School starting at 6:30 p.m. The workshop is open to student-athletes grades eight through 12 and their parents and will provide information on NCAA rules and requirements, eligibility, scholarships and recruiting. Kelly Cruttenden, an associate athletic director at University at Buffalo, will lead the discussion.

Law and Order: Oak Street resident accused of trying to force way into a home

By Howard B. Owens

Lionel J. Anderson Sr., 44, of Oak Street, Batavia, is charged with criminal trespass, 2nd, and harassment, 2nd. Anderson allegedly tried to enter a residence on Dellinger Avenue at 10:55 p.m. Sunday after being told to leave. He allegedly pushed one of the residents. He was jailed on $5,000 bail or $10,000 bond.  (UPDATE: Though the reported times are different, Det. Eric Hill confirms this arrest is related to this report last night).

Adrian P. Morris, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and inadequate headlights. Morris was stopped by Le Roy PD on West Main Street, Le Roy.

William J. Hixenbaugh, 26, of Le Roy, is charged with harassment, 2nd. Hixenbaugh was allegedly involved in a fight in the Village of Le Roy on Friday.

Lisa M. Volk, 21, of Batavia, is charged with petit larceny. Volk is accused of shoplifting at Walmart. She allegedly took $40 worth of nail polish.

Jessie Benedict Joy, 20, of Telephone Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, drinking alcohol in a motor vehicle, driving while using a mobile phone, driving left of pavement markings. Joy was stopped at 3:43 a.m. on Telephone Road, Pavilion, by Deputy Ryan Young.

Richard Andrew Germony, 30, of Wildwood Place, Buffalo, was arrested on a warrant for alleged failure to pay fine. Germony is being held in the Genesee County Jail pending his next court appearance.

Andrew C. Webster, 22, of Gillete Road, Alexander, was arrested on a warrant for allegedly failure to comply with court-ordered treatment. He was jailed on $1,000 bail.

Kathryn M. Yark, 18, of Harlem Road, of West Seneca, is charged with criminal possession property, 5th, and unlawful possession of a personal ID, 3rd. Yark was arrested on a warrant and released back to a treatment program.

Jennifer L. Stack, 29, of South Main Street, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Stack was allegedly involved in an incident Feb. 4 on West Main Street, Batavia, where she threatened another person and violated an order of protection. Stack was jailed on $1,000 bail.

Yolanda E. Johnson, 29, is charged with West Main Street Road, Batavia, turned herself in on a warrant for alleged failure to appear on a traffic citation.

Maggie S. Dipilato, 21, of Hutchins Street, Batavia, is charged with criminal mischief. Dipilato was arrested following an investigation into a domestic incident. Dipilato allegedly struck a male in his face damaging his eyeglasses. She was jailed on $500 bail.

Gerard H. Altenburg, 21, of Main Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Altenburg was arrested following an investigation into a motor-vehicle accident on Gilmore Street, Pembroke, reported at 9:04 p.m. Friday. The accident was investigated by Deputy Ryan DeLong. Altenburg was jailed on $1,500 bail.

Robert C. Paris, 26, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Paris allegedly failed to stop at a stop sign on Redfield Parkway, Batavia, at 2:14 a.m. Saturday and was stopped by Deputy Ryan DeLong.

Jacqueline Jane Kurcoba, 38, of Pittsford Mendon Road, Mendon, is charged with DWI and insufficient tail lamps. Kurcoba was stopped at 1:14 a.m. Sunday on Lewiston Road, Alabama, by Deputy Eric Meyer.

Kyle Lee-Maddison Michaels, 18, of Overlook Drive, Batavia, is charged with trespass. Michaels allegedly refused to leave the BOCES campus on State Street Road, Batavia.

Ann Marie Schiegel, 38, of Porter Road, Medina, was arrested on a warrant stemming from two counts of petit larceny. Schiegel was jailed on $250 bail.

A 17-year-old resident of Byron is charged with unlawful surveillance, 2nd. The youth is accused of using a mobile phone to view a female victim in a woman's bathroom stall.

Coty Lee Kimmel, 22, of Alleghany Road, Corfu, is charged with criminal possession of a stolen property, 4th. Kimmel allegedly possessed a credit card belonging to another person without permission.

Person reportedly taking pallets at Kmart

By Howard B. Owens

Troopers are dispatched to Kmart to investigate an individual in a black pickup truck who is at the side of the building loading wooden pallets into the vehicle.

The individual was told to stop and leave, but reportedly has stayed and continued to load pallets.

UPDATE 10:25 a.m.: The subject has left on Lewiston Road. He is described as a white male with a beard and glasses.

UPDATE 10:31 a.m.: It sounds like the person was located and the deputy is returning to Kmart. He said, "no charges."

Call reports eight people trying to force way into residence on Dellinger Avenue

By Howard B. Owens

A caller believes as many as eight people are trying to break into her residence on Dellinger Avenue.

She reports at least some of them having baseball bats.

Batavia PD just arrived on scene.

A deputy reports some sort of "commotion" on the Walnut Street bridge.

A suspect may have left in a gold van.

UPDATE 9:06 p.m.: Police are searching for a suspect.

UPDATE 9:08 p.m.: A second suspect is described as a Jamaican and wearing a red T-shirt.

UPDATE: For a related arrest, see today's Law and Order.

State and local officials gather in Pavilion to discuss school funding woes

By Howard B. Owens

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A panel of legislators and an audience of school board members and administrators who gathered in Pavilion on Saturday morning all seemed to agree that cuts in state aid to schools, mandates, and a restrictive property tax cap are hurting school districts.

School districts are in financial dire straights and can't continue to tap into reserves to provide the same level of services to students and their families was the general message of the discussion.

"What we would like to see, because we know the property tax cap is so low, what we would like to see in the Senate Republican Caucus, is eliminate the GA (Gap Elimination Adjustment) fully this year and add to the Foundation Aid so that we can fund our schools," said Sen. Cathy Young, who represents Cattaraugus County and is chair of the State Senate's Finance Committee.

Gap Elimination Adjustments were a prime target during the panel discussion. The program is a product of 2010-11 fiscal year when state funds were tight and Foundation Aid was being cut. While the word "gap" might imply the program was meant to replace what was being lost in Foundation Aid, for most school districts in the state, the program just meant fewer dollars to fund programs.

For the region, GA has cost school districts more than $140 million over the past five years. For the current fiscal year, those school districts are underfunded, officials say, by $21,447,597.

Meanwhile, the complicated tax cap formula limits any increase in school district revenue to .12 percent.

David Little, executive director of NYS Rural Schools, said there are districts that a year ago didn't need a voter-approved tax cap override, but this year, with the exact same budget, will need to go to voters for approval.

Until 2010-11, school districts were kept on a level playing field across the state through Foundation Aid. It's a complex formula but accounts for publication, household income, district size and cost of living to arrive at the size of an annual grant to school districts to ensure they have enough operational revenue.

Over the past five years, as the figures above indicate, Foundation Aid has been slashed drastically, and GA hasn't closed the gap.

The issue of mandate relief was raised early in the discussion by Paul Alioto, superintendent in Dansville, and several of the panel members responded.

Sen. Michael Ranzenhofer said he was on a task force that came up with a list of 51 mandates that could be targeted for elimination, but as soon as you start to dig into them one-by-one, you find each has their constituency, people who will fight tooth and nail to keep it alive.

One of his pet mandates to eliminate is one that requires a third audit of district financial records. It costs districts from $10,000 to $100,000 annually and in Ranzenhofer's view, it's unnecessary. He was able to get a bill through that exempted the state's smallest school districts, but subsequent attempts to exempt more districts have been stymied.

"We have to be able to get (a reform) through both houses," Ranzenhofer said. "It seems like common sense to me, but there is somebody in the Assembly majority who feels it is a good idea to have these audits."

Young said mandates around special needs students are particularly contentious. Many of the mandates could be shifted to a federal budget responsibility, but at the local level, people fear change. At the local level, it's often easy to see how mandated spending on even one special needs child might lead to the elimination of an advanced placement class, which creates local conflicts, but it's difficult to shift expense responsibility to the federal government.

David Little said New York's funding formula is backward compared to just about every other state in the Union. In New York, the state picks up only about 40 percent of the cost of education; in other states, the school district is on the hook for less than 40 percent and the state covers the rest of the expense.

And that's something that could be fixed easily, Little said, at least in theory, though the politics of it are much more tricky. The state mandates a pension program that is state run, but the school districts pay into the program. If the state covered pension expense, Little said, that 40/60 split would flip. It would lift a huge expense burden from school districts.

Assemblyman Bill Nojay took aim at standardized testing. He said children need a broad range of experience and the ability to think critically. The system, he said, is forcing children at a younger and younger age into silos -- "you're going to be a doctor, you're going to be an engineer ... "

He said he was in China recently and their standardized testing is even more rigorous, and people there complain about it.

"For what purpose?" Nojay said. "No matter how good the standards, we are teaching to the test, for lack of a better term, and the obsession with testing, in my judgment, and the Chinese experience, it's not good for child development. It is immensely counterproductive to the development of a society."

Assemblyman Steve Hawley said the drift in education is being driven by a progressive agenda that is hurting America in a lot of ways, and he spoke at length about increases in the minimum wage and problems with the healthcare system.

He shared a story about a call from a restaurant owner who employs 27 servers. An increase in the minimum wage to $15 an hour will cost that restaurant owner an additional $105,000 a year.

The owner also recently had a waitress and cook who fell in love and she became pregnant. The waitress did have health insurance, so the owner set her up with an appointment with a health insurance navigator. he waitress reported back that the good news was, she was going to get health insurance. The bad news was that in order to qualify, she couldn't work more than two days a week, and the child's father, a full-time cook at the restaurant, couldn't work more than three days a week.

"We've lost our way in this state with hands out instead of hands on, actually working," Hawley said. "This is not the America we grew up in. It's not the free enterprise system we all prospered under, or tried to prosper under, and that movement over the last seven years across this state is going the wrong way and it's hurting education."

Report of heavy black smoke at residence on Myrtle Street

By Howard B. Owens

The call initially came in as heavy black smoke coming from a vent at a residence at 111 Myrtle St., Le Roy, indicating a possible structure fire.

A first responder reported smoke coming from a vent for a heater and another reported smoke in the residence.

Le Roy fire and Le Roy ambulance dispatched. Bergen fire initially dispatched, but now told to stand down.

Man charged with harassment and trespass after incident at St. Joe's

By Howard B. Owens
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     Daniel Kuczka

A 73-year-old man faces criminal charges following an incident during student mass at St. Joe's this morning, after the man allegedly took a student by his arm who was in line for Holy Communion and led him through it and then back to his seat in a pew.

Police did not indicate what the man's motivation might have been or what statements he may have made while inside the church, but said the man has no prior relationship with the church nor the student involved in the incident.

Daniel S. Kuczka, 73, is charged with harassment, 2nd, and criminal trespass, 3rd.

According to police, Kuczka entered the church during a private Mass for students of St. Joe's and Notre Dame. He made "inappropriate" comments to staff and was asked to leave.

During Communion, Kuczka reportedly returned to the Mass and grabbed a juvenile who was in line, saying, "Come with me."

Police were called and when patrols arrived, Kuczka was taken into custody without incident.

Police say that investigators found there was no attempt by Kuczka to remove the student from the service.

WBTA celebrates 75 years of on-air community service, news and information tomorrow

By Howard B. Owens

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Submitted story:

WBTA Radio, Genesee County's only locally owned commercial radio station, marks its 75th year of broadcasting this Saturday.

The station went on the air at 7 a.m.,  Thursday, Feb 6, 1941. It has been licensed as WBTA since its inception.

The first voice on the air was that of the “genial” Jerry Flynn who opened the program, “Rise and Shine,” according to an article published in the Daily News. Flynn became better known later as a sports announcer. The station's studios and offices were located on the second floor of 90 Main St. in Batavia where they remained until 1957.

WBTA studios moved several times over the years. Its next location was 22 Seaver Place, now the JCPenney store's loading dock. For several years the station occupied the second floor and later the first floor of 413 Main St. at the corner of Harvester Avenue. The station moved to 113 Main St. in 2004 when it was purchased by its present owner, HPL Communications, Inc., owned by Daniel and Debrah Fischer.

As the studios and offices moved, the station's transmission and tower site has remained on Creek Road in the Town of Batavia. In the early years, an engineer was required to be at the transmission site whenever the station was on the air. Technical improvements in the late 1950s allowed the station to be remote controlled from the studio.

The station was originally owned by three Batavia residents: Joseph Ryan, of Union Street; Edward P. Atwitter, of East Main Street and Edmund R. Gamble, of Vernon Avenue. Gamble also served as the general manager.

After the outbreak of World War II, several members of the station's staff left for military service including Gamble.

The next local owner of WBTA was William F. Brown. Brown was best known for his regular editorials on local issues. He won 16 Best Editorial awards from the New York State Broadcasters Association.

Brown expanded the station's news coverage, which was apparent in the 1971 coverage of the Attica Prison Revolt.

In February 2004, the Fischers' formed HPL Communications, purchased WBTA and moved to Genesee County.

New digital studios were built and WBTA moved to its present location at the corner of Main and Center streets, which became the name of the station's morning talk show, “Main & Center.”

From 1977 to 2000, WBTA operated an FM station that was licensed to Attica, NY. The station was sold and became WLOF, which beams Catholic programming into the Buffalo area.

Under HPL, the station launched another FM station in 2014. It is licensed under the Federal Communications Commission (FCC) translator rules and allows WBTA to broadcast in stereo at 100.1 Mhz. The station also streams 100 percent of its programming on the Internet at WBTAi.com and via mobile devices with custom apps for Android and iPhone systems.

“We are proud of WBTA's legacy of service to Batavia and Genesee County,” Fischer said. "As a licensee of a broadcast station, we pledge to the FCC to 'serve the public interest, convenience and necessity as a public trustee.' ”

WBTA is known in the industry as a “heritage” station, Fischer added, “our listeners have grown up with us.” Over the years we have reported individual milestones: births, anniversaries and obituaries. In times of war, the station has reported on service of local men and women in uniform.

The station has broadcast hundreds of local sporting events and have followed area high school teams to regional and state championships. WBTA has been the broadcast voice of Batavia's professional baseball team, the Muckdogs.

Through affiliations with national news organizations such as ABC Radio, WBTA has provided coverage of the most notable events of the 20th and 21st centuries including the Pearl Harbor attack, the assassinations of the 1960s, wars in Korea, Vietnam and the Middle East, the manned moon landing and the terror attacks of Sept. 11, 2001.

“Radio broadcasting has certainly undergone significant changes over the past 75 years and will continue to change and evolve over the next 75 years,” Fischer said, “but I believe its basic commitment to serving the public interest will never change.”

Photo by Howard Owens. Pictured, Dan and Debbie Fischer.

UPDATED: Tonawanda credit union warns of local scam, Le Roy FCU does, too

By Howard B. Owens

Press release:

Attention Tonawanda Valley Federal Credit Union Members: We have been made aware this morning, Friday, Feb. 5, that an automated call is being made to members and non-members saying that TVFCU needs their card information. This is a scam and you should hang up the phone immediately.

Please do not enter any information during these phone calls! TVFCU will never call and ask for your card number or any other private information. 

If you have given your card information during the phone call and you are a TVFCU member please call us at (585) 343-5627.  

If you are a non-TVFCU member please contact your own financial institution. 

We apologize for any inconvenience this may have caused you.

UPDATE 1:30 p.m.: Officials at the Le Roy Federal Credit Union contacted us to report many of their members are reporting the same scam. "We've been getting many calls and walk-ins from members stating that they have been receiving these calls as well. We also advise to NEVER give out card/account numbers over the phone. If they have questions, they may call us at (585) 768-7207," says Kimberly Antinore, Member Services, Le Roy Federal Credit Union.

Woman reportedly in labor, delivering baby in car on Oak Street

By Howard B. Owens

CIty fire and Mercy EMS are dispatched to Oak Street and North Lyon for a woman in labor reportedly delivering a baby.

UPDATE 10:07 a.m.: A police officer on scene reports the baby has been delivered.

UPDATE 10:15 a.m.: "ER go ahead." "In route with a mother and baby -- delivered in the field -- baby's fine, mom's fine. We'll see you in 10." "You're clear."

UPDATE 10:27a.m.: Batavia Police Officer Frank Klimjack said the baby's father made the delivery prior to his arrival on scene. They are all at UMMC now.

Tractor-trailer off the road, in a ditch in Pavilion

By Howard B. Owens

A tractor-trailer is reported in a ditch off Ellicott Street Road and Starr Road, Pavilion.

Unknown injuries.

Pavilion fire and Mercy EMS dispatched.

UPDATE 5:25 a.m.: No injuries and no fuel leaks.

UPDATE 5:26 a.m.: Mercy EMS in service. A chief on scene reports, "tractor-trailer on its side."

UPDATE 5:43 a.m.: Pavilion is back in service. A wrecker requested to the scene. The trailer contains 24,000 pounds of food product.

Person reportedly trapped between railroad cars in Darien

By Howard B. Owens

A person reportedly became trapped between two railroad cars at the railroad crossing at Fargo Road, Darien.

The person is reportedly conscious and alert. It's unknown if he's still entrapped.

Darien fire, Darien ambulance and Mercy EMS responding.

A chief requests that dispatchers check on the availability of Mercy Flight.

Corfu to stand by in quarters.

UPDATE 8:35 p.m.: Deputy on scene reports an oncoming train from the other tracks. Responding units advised to use caution.

UPDATE 8:42 p.m.: The original call from CSX said the subject was trapped between the last and second-to-last car. When firefighters arrived at that location, there was no person at that location. Further conversation with CSX indicates the original information received from CSX was incorrect. The person was never trapped. The train jolted and he was knocked down. The subject may now be in the locomotive's engine compartment. All personnel are accounted for at the engine. The subject is not injured and does not need any medical attention.

County committee gives nod to city's economic development proposals

By Howard B. Owens

A plan hatched by the City, the Batavia Development Corp. and the Genesee County Economic Development Center to redirect some money generated by economic development into brownfield area cleanup received the support Wednesday of the county's Ways and Means Committee.

The committee approval means the proposal will be voted on by the full County Legislature at its next meeting.

The plan, unique in the state, called Batavia Pathway to Prosperity, will create a fund from PILOT (payment in lieu of taxes) payments that can be used for environmental clean up on properties within the city's brownfield opportunity area, a 366-acre designation covering the city's core.

A PILOT provides a business undertaking local economic development (creating jobs, increasing the tax base, adding to local economic growth) with a break in taxes for the increase in assessed value on the property being developed. Typically, if a business puts a new building on vacant land or adds onto an existing building, the assessed value of the property will increase, which means higher property taxes paid to the city (town or village), school district and county. A PILOT reduces those taxes in exchange for payments to the taxing jurisdictions. The payments could be in the range of 70 percent of what the increase in taxes would have been without the PILOT. The property owner still pays 100 percent of the taxes on the original assessed value. PILOTs typically run for 10 years on a graduated scale, with property taxes due increasing every two years over the life of the PILOT.

The new program would redirect half of the PILOT payments from projects in the city to an investment fund (a PIF) that would be available to property owners in the future who wish to redevelopment brownfield properties and need assistance with the environmental cleanup.

"This creates a fund that gives the BDC and the EDC working together and providing collective oversight the opportunity to look at broad range investment opportunities," said Steve Hyde, CEO of the GCEDC. "(The projects) still have to be for the public good, but (the property owner) can turn around and maybe do some creative financing type of things to really move some property and get them redeveloped and start to heal the poverty and blight down in our core."

Marianne Clattenberg, now a legislator but a former City Council president, said the city has needed something like this for a long time, but had other problems to solve first before something forward-looking could be brought to the table.

"We knew going in we could never do this by ourselves, that we needed partners and we needed to have everybody on board and engaged to bring the city back to where it needs to be," Clattenberg said. 

County Manager Jay Gsell said a program like this could spark a renaissance in the city.

"The need is unique and this is the kind of structural financing that gives the adroitness necessary to having this kind of money available," Gsell said.

The committee also approved a city plan to provide tax relief on so-called zombie properties. The program would provide a PILOT-like tax abatement on the increase in assessed value of a home that is currently vacant and has been vacant for some time that a person buys, renovates and then lives in. While the abatement isn't available to an investor who buys a zombie house, fixes it up and then rents it out, the abatement could be available to the next owner if that same investor fixes it up and then sells it to an owner-occupant. 

There are 50 to 60 such zombie properties in the city, not all of which can be saved, but some retain some value and could be renovated. The property must be single family, or converted to a single-family residence.

Hyde said the two programs together are the sort of thing that can spur economic development in the city's core and attract the Millennials who will be taking jobs at STAMP (Alabama's Science and Technology Manufacturing Park) to the city.

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