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Oakfield and Alexander to receive loans and grants from USDA

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today announced that the U.S. Department of Agriculture (USDA) is investing millions in waste and water disposal loans and grants in the towns of Alexander, Oakfield, Canadice, and Barre.

In each of these towns, water quality testing has indicated threats to public health and a lack of safe water. The funding will go toward various solutions to alleviate these concerns and provide reliable water service to residents.

“USDA’s investment in the towns of Alexander, Oakfield, Canadice, and Barre will improve the quality of life for residents of those communities,” Collins said. “Access to clean water is essential, which is why I voted in support of the 2018 Omnibus spending bill that included these funds to our nation’s rural communities.

"The Trump administration has prioritized investing in rural communities to build a foundation for rural prosperity, and I am pleased that these efforts are being seen in Western New York.”

Funding awarded is listed below:

  • Town of Alexander will receive a $2.7 million loan and a $2.2 million grant
  • Town of Oakfield will receive a $236,000 loan and a $691,000 grant
  • Town of Canadice will receive a $1 million loan and a $200,000 grant
  • Town of Barre will receive a $708,000 loan and a $493,000 grant

Rural community leaders can apply for these funds electronically by using the interactive RD Apply tool. They can also apply through one of USDA Rural Development’s state or field offices.

For more information on USDA’s projects to upgrade water and wastewater systems in rural communities, click here. Municipalities seeking assistance from the USDA are encouraged to call Collins’ Lancaster District Office at 716-634-2324.

Sponsored Post: Tuesday at the Fair – Senior Citizen/Rochester Regional Health/United Memorial Medical Center Day

By Lisa Ace

Daily at the Genesee County Fair: $5 Carload Admission Every Day & Night! *Midway Rides. *Daily Wristband Specials Available. Agricultural Awareness Exhibit * Livestock Exhibits. Container Garden Contest -- Exhibition Building. Chainsaw Carver

TUESDAY, JULY 17th – “Senior Citizen Day”/Rochester Regional Health United Memorial Medical Center. 

  • 9 a.m.        4-H Horse Show—Western Classes (Horse Ring)
  • 9 a.m.        4-H Market Animal Auction Hog Show (Show Ring)
  • 10 a.m.      Open Class Rabbit Show (Merton Building)
  • 10 a.m.      EXHIBIT HALLS & BUILDINGS OPEN
  • 12 p.m.      4-H Market Animal Auction Lamb Show (Show Ring)
  • 1 p.m.        4-H Poultry Showmanship (Merton Building)
  • 4 p.m.        4-H Market Animal Auction Dairy Steer Show (Show Ring)
  • 4-10 p.m.   Faith at the Fair—Christian Music (Entertainment Tent)
  • 5 p.m.        4-H Market Animal Auction Beef Steer Show (Show Ring)
  • 5-10 p.m.   MIDWAY OPENS (Amusement Area)
  • 6 p.m.        North American Classic Six-Horse Hitch (Horse Ring)
  • 6 p.m.        4-H Rabbit Show (Merton Building)
  • 10 p.m.      EXHIBIT HALLS & BUILDINGS CLOSE

*This schedule is tentative and is subject to change at any time.*

Severe thunderstorm warning issued for all of Genesee County

By Howard B. Owens

A severe thunderstorm warning has been issued for all of Genesee County by the National Weather Service and it is in effect until 10:45 p.m.

The storm is moving east at 35 mph hour with wind gusts up to 60 mph. Damage to roofs, siding and trees possible. 

The National Weather Service recommends moving to an interior room at the lowest floor of your building.

Large hail and damaging wind and continuous cloud-to-ground lightning spotted in this storm, along with torrential rainfall, and flash flooding is possible.

Photos: Car fire in the Village of Alexander

By Howard B. Owens

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A car fire was reported in the Village of Alexander this evening at a residence next to the cobblestone village hall on Buffalo Avenue.

We don't have any other details on the fire at this time.

Photos submitted by Heather Jackson.

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County officials address issues raised at Corfu meeting on water

By Virginia Kropf

Genesee County Manager Jay Gsell and Legislator Gordon Dibble have responded to the public hearing held July 9 by the Village of Corfu to address the county’s proposal to double the charge for municipal water.

Corfu officials had hoped someone from the county would attend the hearing to address residents’ concerns about the proposed increase.

However, no county representative was present at the meeting because they were not notified until the day before, Gsell said in an e-mail to The Batavian.

Apparently, Corfu Trustee Al Graham contacted Dibble about 1 p.m. Sunday to inquire if he had received any notice of Monday’s hearing. Dibble replied that he had not.

“It was too late at that point because we want to get all the people there who have the right answers,” Dibble said in a phone call today.

Gsell said they last met with the Village of Corfu officials in June and agreed to come to another village meeting with appropriate notice.

Currently, the county and village of Corfu are trying to agree on a date when all parties can attend.

Gsell has also shared a letter sent to Genesee County’s attorney by Corfu attorneys David Saleh and John Whiting with the Whiting Law Firm after the June meeting. The letter, dated July 5, which was also forwarded to MCWA, says claims were made by Corfu that the county and MCWA were ignoring the village in regard to municipal water, although Corfu has been a retail customer of the MCWA since 2001.

The MCWA told Corfu Mayor Joe Johnson the letter had been forwarded to them and it contained statements that the Village of Corfu had concerns with the services provided by MCWA’s operation and maintenance of the water system.

Several statements made by Corfu in the letter indicate the existing water system that provides water to thousands of county residents, including the residents of the village, is facing many challenges, including a crisis in maintenance of the existing water lines and other facilities.

The village wrote that the water lines running through the village are nearly 100 years old and needed attention even when these agreements were signed nearly 22 years ago.

“It was expected that efforts would be made to replace existing lines that have been subject to compromising breaks on a regular basis. In that near 20-year period, the existing lines haven’t been properly addressed and the problem is only worse,” the letter said.

Finally, the village wrote, “The Water Authority is struggling with maintenance, and the county needs to get involved to help find a solution.”

The MCWA’s Executive Director Nicholas Noce responded that this secondhand notice was the first they had heard about the Village of Corfu’s concerns.

Noce said the Village of Corfu water system was functional at the time the Water Authority and the village entered into an agreement.

He also said MCWA disagrees with the statements about struggling with maintenance and not properly addressing the system.

“This should be recognized by the nearly $2 million invested in the portion of the county’s water system in the Village of Corfu,” Noce said.

He said while there have been water main breaks in the village, those mains do not rank high enough for replacement at this time.

“Typically, age is not a criteria for water main replacement,” Noce said. “Water mains can break for several reasons, such as shifting of the ground during freeze-thaw cycles, pressure changes, casting flaws with material, or from corrosion.”

Noce said the Water Authority has a long-standing main rehabilitation program that has proven to be very effective. When compared to other water utilities across the nation through the benchmarking studies prepared by the American Water Works Association, the MCWA ranks in the national top quartile for the least number of water main breaks per 100 miles of water main.

Noce also said his organization would gladly come out to Corfu or have further discussions with the village to answer any questions about their programs. He said they have no record of receiving any direct contacts from Corfu with the above concerns.

He also reiterated the fact that since the Water Authority and the Village of Corfu entered into the retail lease agreement, the Water Authority has invested $1.95 million into the portion of the Water Authority’s system which is within the village. That investment, Noce said, paid to replace or clean and cement mortar line on approximately 48 percent of the water mains in the village; replace 70 percent of the hydrants; it rehabilitated the water storage tank; and replaced the roof on the water treatment plant (to name a few).

“If the village stayed in the water business, the village water system would have had to fund the $1.95 million of improvement and spread that cost over just 285 water customers in the village,” Noce said.

A Knight's Journey is more than just a history of Le Roy football, it's the story of heroes and people who made a difference

By Howard B. Owens

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"A Knight's Journey" is a book meant to carry its readers on a trip through the history of Le Roy Oatkan Knights football but in writing it, the authors, Jim Bonacquisti and John Mangefrida, traveled their own path of discovery, going deeper and learning more about a subject they had known their whole lives.

It was meaningful to Bonacquisti to learn more about some of the great Knights' coaches of the past, such as Edward Refsteck, Ed Walsh and Jimmy Brown, but the learning more about two former Knights who gave their lives for others really touched him.

"John Aramino and Gary Scott, those two stories, I mean I knew of both of them, but when you start to do the research about what heroes they were, I really thought it was important, specifically those two, for our young, not even just football players, but our young kids of this community to know about them because it's so long ago," Bonacquisti said. "It's 50, 60 years and these were selfless acts that these two did. It's incredible. The common bond is they were both Knight football players."

Aramino was still in school when he and some friends went out to target shoot around Buttermilk Falls in May 1961. A couple of the boys were on the tracks when a train came along, surprising the boys. A younger boy tried to run from the train and Aramino jump on him, forcing him to the ground between the rails and covered him with his body. Aramino was killed instantly.

After graduating from Syracuse, Gary Scott, who was Knights' team captain in 1962 and the second graduate to win the John Aramino Award, joined the Army and volunteered for the infantry, thinking combat was the quickest route to promotion, and as an African-American he felt blacks were underrepresented in leadership roles in the military. He was killed in action in 1968, saving a fellow soldier's life when their platoon was ambushed and winning the Silver Star as a result.

For Mangefrida the discovery of Reginald D. Root and his story and accomplishments was a gem to research. 

Root was a 1920 graduate of Le Roy. He won a scholarship to Yale where he excelled academically and was a standout at football and lacrosse. After graduation, he was selected by the U.S. ambassador to Mexico to travel to the University of Mexico and start an American-style football team. He coached that team for two years before returning to Yale to become the freshman football head coach. In 1933, he became varsity head coach but his 4-4 record disappointed alumni and he was replaced before the start of the 1934 season. 

He stayed on at Yale for eight more years as a coach and instructor. After Yale, he became athletic director at Hillhouse High School, where mentored a young football player by the name of Levi Jackson. Jackson would become Yale's first African-American football player and eventually Ford Motor Company's first African-American executive.

"I had no idea about what an influence Reggie Root was," Mangefrida said. "Not only was he a good player here. He was an all-star student. ... He was just an outstanding individual and I never knew anything about him."

"A Knight's Journey" was inspired by a book about Cal-Mum's program but the authors wanted to go deeper, telling the stories of the young men and coaches who passed through the program, Bonacquisti. 

The stories come together to weave a tale of Oatkan Knights' football from its beginning in 1897 through today.

"The other thing which was really cool was to listen to what former players had to say about their coaches," Bonacquisti said. "There are some funny stories but maybe more important is how prominent they (the coaches) were in their lives, even if it was only two years, three years, four years; what a positive effect that the coaches here had on young man's life. That's pretty cool."

To make arrangements to purchase a copy of the book, email Bonacquisti at jbona2333@yahoo.com.

Trumbull Parkway in the city to close tomorrow for paving

By Billie Owens

On Tuesday, July 17th, Trumbull Parkway in the City of Batavia will be closed to all through traffic. This closure is expected to be between the hours of 7 a.m. and 5 p.m. in order to pave Trumbull Parkway.

All motorists who regularly use this road are asked to seek alternative routes while the closures are in place. Businesses and Residents within the area of the closure should anticipate delays, but we will do our best to accommodate getting you to and from your residence or place of business.

This work is weather dependent and subject to rescheduling if it rains.

Contact the Bureau of Maintenance and ask to speak to the Streets Supervisor or Superintendent at 585-345-6400, opt. 1, if you have any questions. Thank you for your cooperation in advance.

Fifteen volunteer fire students complete Apparatus Operator - Pump program

By Billie Owens

Press release:

Fifteen students successfully completed the Apparatus Operator – Pump program on June 23. It was held at the Genesee County Fire Training Center.

Building on the knowledge and skills obtained through the Basic Exterior Firefighter Operations (BEFO) program, the 24 hour Apparatus Operator – Pump course offers fire service personnel the knowledge and skills essential to pump operations.

These include: hydraulics and friction loss, pump control and accessories, fire streams, pumper practices, pumping from draft and pump evolutions and using the fire pump at the fire hydrant.

Participants included: 

Alabama

  • Ryan M. Thompson

Alexander

  • Anthony R. Johnston
  • Jennifer R. Merle

Elba

  • Nicholas Guarino
  • Timothy J. Hoffarth
  • Michael J. Pfendler
  • Oliver R. Shuknecht

Oakfield

  • Joshua M. Finn
  • Jeffery W. McIntire

Pavilion

  • Nicholas P. Saravullo
  • Sean Vogt Jr.

South Byron

  • Nicole M. Boldt
  • Mathew T. Dougherty
  • Vito J. Muoio

Indian Falls

  • Colby Sanner

Total of 18 fire service volunteers complete entry-level Basic Exterior Operations training

By Billie Owens

Submitted photos and press release:

A 2018 Tri-County BEFO program, sponsored by Genesee, Wyoming and Orleans counties concluded on Friday, July 13. Eighteen students completed the 79-hour program from 13 departments across the region.

The Basic Exterior Firefighter Operations (BEFO) program is an entry-level program for the volunteer fire service designed to prepare students to respond to emergencies as exterior firefighters.

Students are instructed in fire extinguishers, building construction, forcible entry, ladder deployment, incident command, drafting operations and hazardous materials operations level. In addition, students are trained in ropes and knots, and first aid/CPR.

A Basic Exterior Firefighter Operations (BEFO) program, sponsored by Genesee County, is scheduled to begin in August. Anyone interested is encouraged to contact your community volunteer fire department or the Genesee County Fire Training Center (585-344-0078).

Participants last Friday included: 

Alabama

  • Rebekah J. Allen

Alexander

  • Daniel Harris

Attica

  • Kaylee Sumeriski

Town of Batavia

  • Bryan Moscicki  
  • Ian Sanfratello
  • Tyler Stewart

Bennington

  • Jordon McKinsey
  • Grace Schmidt

Bergen

  • Tina M. Carson          
  • Harrison T. Dodson

Byron

  • Paige E. Johnston

Carlton

  • Matthew Edick

Castle

  • Zachary Dake

Corfu

  • Justin Rodland

East Avon

  • Jefferson Moon

North Java

  • Taylor Guizzotti
  • Tyler Shaver

Strykerville

  • Matthew Solly

Four students complete NYS Advanced EMT program sponsored by Genesee County

By Billie Owens

Press release:

Four students successfully completed the NYS Advanced Emergency Medical Technician (AEMT) program sponsored by Genesee County.

The five-month long program, held at the Genesee County Fire Training Center, provided an opportunity for current NYS DOH EMTs to acquire additional life support skills such as intravenous (IV) therapy, advance airway management, emergent medications, advanced patient assessment techniques, etc.

In addition to the required classroom hours, students completed clinical experience at an area hospital as well as an internship with an ALS ambulance. The advanced emergency medical technician provides mid-level, pre-hospital, emergency medical services.

New AEMT certification was achieved by:

  • Branden F. Davies,
  • Lynn A. O’Donnell
  • Jocelyn K. Yockel
  • Taylor A. Zaccarine

Genesee County sponsors an AEMT program annually. The program begins each January with testing conducted in June.

Grand Jury: Man with lengthy criminal history indicted for March robbery of Arby's

By Billie Owens

Michael J. Piasta Jr. is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on March 25 at the Arby's restaurant in Batavia, located at 212 W. Main St., that the defendant forcibly stole property and in the course of the commission of a crime or in the immediate flight from it, he allegedly displayed what appeared to be a pistol, revolver or other firearm. In count two, he is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property on that date that had a value exceeding $3,000. In count three, Piasta is accused of criminal possession of a weapon in the third degree, a second Class D felony, for allegedly possession an imitation pistoal with the intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Piasta is accused of having been convicted of: third-degree burglary, a Class D felony, on Dec. 20, 2010, in Genesee County Court; petit larceny, a Class A misdemeanor, on Sept. 7, 2010, in City of Batavia Court; attempted petit larceny, a Class B misdemeanor, on Jan. 18, 2011, in Town of Batavia Court; attempted failure to pay for service, based on stealth, a Class B misdemeanor, on May 1, 2002, City of Batavia Court; petit larceny again, on July 19, 2001, in City of Batavia Court; and criminal mischief in the fourth degree, a Class A misdemeanor, on April 5, 2001, in City of Batavia Court. These convictions form the basis for Count Three in the current indictment.

Lamont L. Crimes is indicted for the crime second-degree assault, a Class D violent felony. It is alleged that on May 28 in the Town of Elba that, with intent to cause physical injury to another person, Crimes caused injury to another person using a dangerous instrument -- a knife. In count two, the defendant is accused of the same crime involving a second victim.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that Delgado knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic -- cocaine -- and these were of an aggregate weight of one-half ounce or more.

Katelyn M. Bennett is indicted from the crime of driving while intoxicated as a Class E felony. It is alleged that on April 11 in the Town of Bergen that Bennett drove a 2011 Chevrolet on state routes 33 and/or 19 while intoxicated. In count two, she is accused of aggravated DWI, per se, as a Class E felony for allegedly having a BAC of .18 or more at the time. In counts three and four, the defendant is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing, respectively, concentrated cannibas and alprazolam (Xanax). In count five, Bennett is accused of unlawful fleeing a police officer in a motor vehicle in the third degree, another Class A misdemeanor. It is alleged in count five that she knew she had been directed to stop by a police officer or marked police vehicle and she attempted to flee at speeds which equaled or exceeded 25 mph above the speed limit, or she engaged in reckless driving (VTL 1212). In Special Information filed by the District Attorney, Bennett is accused of having been convicted of operating a motor vehicle while impaired by drugs, as a misdemeanor, on Dec. 20, 2011, in the Town of Gates and that conviction was within 10 years of the crimes alleged in the current indictment.

Brent J. Chapman is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on May 11 in the Town of Le Roy that Chapman drove a 2006 Lincoln on I-90 while intoxicated. In Special Information filed by the District Attorney, the defendant is accused of having been convicted for misdemeanor DWI on March 8, 2016, in the Town of Greece, and that convicted is within 10 years of the crime alleged in the current indictment.

Paul D. Fields Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 7 in the Town of Pembroke that Fields drove a 2002 Saturn eastbound on Indian Falls Road while intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 or more at the time. In count three, Fields is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time. In Special Information filed by the District Attorney, Fields is accused of having been convicted of DWI on April 10, 2006, in City of Batavia Court. That conviction forms the basis for Count Three of the current indictment.

WNY native joins Muckdogs roster

By Howard B. Owens

Press release:

Orchard Park native Bubba Hollins was assigned to the Batavia Muckdogs on Monday, July 16th. Hollins played his high school baseball at Orchard Park.

Hollins was originally drafted out of high school by the Detroit Tigers in the 35th round of the 2014 MLB Draft. He then went to St. Petersburg Community College before signing to go to St. Bonaventure University in Olean.

Hollins, a third baseman, will be entering his second stint with the Muckdogs on Monday.

Last year, Hollins hit .214 in 12 games for Batavia. He started the 2018 season with the Miami Marlins Class A-Advanced affiliate, the Jupiter Hammerheads. For the Hammerheads, Hollins hit .167 with a double and a home run in the 21 games he played in the Florida State League. 

His father, Dave Hollins, was a 12-year MLB veteran who played with the Philadelphia Phillies, the Boston Red Sox, the Minnesota Twins, the Seattle Mariners, the Los Angeles Angels, the Toronto Blue Jays and the Cleveland Indians. Dave Hollins was also the hitting coach for Muckdogs’ manager Mike Jacobs in 2005 with the Binghamton Mets.

Law and Order: Driver charged with DWI after rollover accident

By Howard B. Owens

Carl Bruce James Miller, 26, of Attica Road, Darien, is charged with DWI, leaving the scene of a property damage accident, and failure to keep right. Miller was charged following an investigation by Deputy Ryan Young into a rollover accident reported at 2 a.m. Sunday on Harper Road, Darien. There were two occupants in the vehicle at the time and were transported to ECMC for evaluation of minor injuries.

A 17-year-old resident of County Line Road, Darien, is charged with unlawful dealing with a child. At 3:41 a.m. on July 7, deputies responded to County Line Road, Darien, to investigate a report of an intoxicated male trespassing on a residential property. The youth charged was later accused of hosting a party at his residence where he provided alcohol to individuals under age 21. 

Nathan Adam Millar, 30, of Church Street, Alexander, is charged with harassment, 2nd. Millar allegedly struck another person during a disagreement.

Roy Watson Jr., 29, of Bank Street, Batavia, is charged with a criminal possession of a controlled substance, 7th. Watson was allegedly found in possession of a small quantity of cocaine at 2:30 a.m. Sunday at a location on Main Street, Le Roy.

Michael Arthur Brade, 34, of Olyn Avenue, of Batavia, is charged with sex offender failure to report change. Brade, a Level 3 sex offender, is accused of creating a new email account and not notifying authorities within 10 days. Batavia PD opened an investigation after being alerted by a parole officer.

Matthew I. Diers, 34, of West Main Street, Batavia, is charged with sex offender failure to report change. Diers, a Level 2 sex offender, is accused of creating a Facebook account and email address and failing to report it to authorities within 10 days. Batavia PD was alerted to the accounts by a parole officer.

Five arrests announced at Lynyrd Skynyrd concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Lynyrd Skynyrd Concert at Darien Lake Performing Arts Center on Friday:

Stuart M. Thorp, 41, of Magnolia Crescent, Grimsby, Ontario, Canada, arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return. Thorp was arraigned in Darien Court and jailed in lieu of $1,500 bail.

Andrew G. Lehmann, 30, of Prospect Street, Attica, arrested for disorderly conduct after allegedly flipping over benched outside the concert venue.  Andrew was arraigned in Darien Court and released on $150 bail.

Chad R. Carrington, 25, of Marcy Place, Bronx, arrested for false personation after allegedly providing a false name to deputies. 

Pasquale A. Damato, 43, of Kinsley Road, Elma, arrested for harassment, 2nd, after allegedly punching a female in the face.

Christine M. Kroger, 52, of Barks Road, Caledonia, arrested for trespass after allegedly reentering the concert venue after being ejected and told not to return. 

Muckdogs give up four in the seventh, lose 6-2 to Lowell

By Andy Helwig

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The Muckdogs dropped the fifth of their last seven games on Sunday afternoon to the Lowell Spinners. It was a back-and-forth affair until the seventh inning. The Muckdogs and Spinners traded runs through the first six innings.

Lowell got on the board first in the bottom of the second inning when Tyler Esplin would reach base on a ball that skipped on Gunnar Schubert. Two singles later, he would come around to score thanks to Grant Williams RBI base knock.

In the bottom of the fourth, Jerar Encarnacion got his first hit since returning to the lineup. His triple to the right-center wall set the Muckdogs to score with a runner on third with one out. Two batters later, Denis Karas doubled him home to tie the game up at one. Karas has brought in three batters in the last two games.

Batavia went to the bullpen in the fifth and would yield one run in that inning. Kroby Batesole was hit by a pitch from Martin Anderson to start the inning. A double from Williams followed it up to put two runners in scoring position with no outs. A sacrifice fly from Dylan Hardy put the Spinners back in the lead 2-1.

Michael Donadio led Batavia off in the sixth, and he would tie the game by hitting an opposite-field home run to left to knot the game again 2-2 in the sixth. Donadio tallied his second homer of the year, and both of them have been sent to the opposite field.

Batavia and Lowell were still tied going into the seventh inning, but that would change soon after. The first three batters of the inning would come around to score, and four in total would. Two of the runs came to score on a double from Kole Cottam, and another on a bases-loaded walk. Batavia would face bases-loaded situations multiple times. At the end of the inning, Lowell led 6-2, and that would be the final.

The Muckdogs have now dropped five of their last seven games, and have one more game against Lowell before going back on the road to play the Williamsport Crosscutters in Central Pennsylvania.

Photos by Steve Ognibene.

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Collins introduces bill to protect due process rights of emergency room physicians

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) and Congressman Raul Ruiz (CA-36) introduced legislation to ensure that emergency physicians’ due process rights are protected if they are employed by a third party contractor. More than half of all emergency physicians around the country are denied due process because standard contracts require them to waive away these rights.

“Emergency departments (ED) are at the core of our nation’s health care safety net, staffed with hardworking physicians who provide care 24 hours a day 365 days a year,” Collins said. “Many hospitals have turned to physician staffing companies to meet complex organizational challenges, although that has come at an unfair cost to ED doctors.

"These hardworking men and women, who spend a decade in school and residency training and dedicate their lives advocating on behalf of their patients, have lost their due process rights. My legislation seeks to fix that.”

“Patients come first. Quality of care and patient safety should be the first concern of any doctor, not whether they could be fired for whistle blowing or reporting dangerous conditions in the hospital,” Dr. Ruiz said. “I am proud to co-author this bill to improve patient safety and cut down on fraud in our health care system by guaranteeing all doctors due process and whistleblower protections.”

Due process, a guaranteed right under the U.S. Constitution, is the foundation of one’s employment status across many industries. Physicians receive due process rights from a number of sources including Medicare, as a condition of participation, and the Health Care Quality Improvement Act of 1986. However, these laws only afford due process rights to physicians directly employed by the hospital.

The third-party staffing model is most common in emergency departments across the country, leaving emergency doctors without the ability to negotiate basic terms of employment. These physicians are required to waive their right to a fair hearing and appellate review by their peers on the medical staff, in the event of termination or a restriction of their practice rights.

For patients, the link between due process and quality care is clear. Physicians are unable to act as their patient’s best advocate when they fear retribution from their employers.

Among the medical community, there is concern that third party contract structures will deter future generations from pursuing a career in emergency medicine and leave our nation with a shortage of emergency room physicians. This legislation has the support of leading organizations in emergency medicine.

"In the field of emergency medicine, there is no greater policy imperative for patient safety and quality care than enacting this due process legislation," said David Farcy, president of the American Academy of Emergency Medicine. "The Academy is proud to stand with Representative Collins and Representative Ruiz, and we applaud them for championing this bill that serves the best interest of the patient and the taxpayer."

“On behalf of more than 38,000 emergency physicians, emergency medicine residents, and medical students, the American College of Emergency Physicians (ACEP) is proud to support Congressman Collins’ and Congressman Ruiz’s legislation to ensure every emergency physician has medical staff due process rights,” said Paul Kivela, MD, MBA, FACEP, president of the American College of Emergency Physicians. “This is an important safeguard that will ensure all emergency physicians have access to a fair due process procedure.”

“The Council of Residency Directors in Emergency Medicine (CORD) represents the over 240 emergency medicine residency training programs in the U.S. CORD strongly supports due process rights for emergency physicians as this is in the best interest of the public, the institutions and the safe practice of medicine," said Christopher Doty, MD, president, Council of Residency Directors in Emergency Medicine.

"Therefore, CORD supports Representative Collins and Representative Ruiz on this important bill."

“Due process legislation will improve patient safety and support our physicians’ focus on providing patient-centered care, which is the hallmark of the osteopathic profession,” said Mark A. Baker, DO, president of the American Osteopathic Association.

“With nearly 10 percent of the nation’s 108,000 DO degreed physicians specializing in emergency medicine, the American Osteopathic Association commends Congressman Collins and Congressman Ruiz for their leadership on legislation that would ensure due process is available to physicians working in a complex practice environment.”

“On behalf of the American College of Osteopathic Emergency Physicians, I am in full support of Representative Collins and Representative Ruiz in proposing this legislation," said Christine F. Giesa, DO FACOEP-D, president, American College of Osteopathic Emergency Physicians.

"Our patients are the core of our work, and this legislation is a major step forward in ensuring their health and safety.”

“The guarantee of due process rights is one of the most critical issues facing emergency physicians and is fundamental to our ethical mandate to act in the best interests of our patients, many of whom are among the most vulnerable in society,” said Steven B. Bird, MD, president of the Society for Academic Emergency Medicine (SAEM). “Therefore, SAEM strongly supports the passage of this legislation.”

"Entering a workforce where due process is ensured is the best possible future for residents and students in emergency medicine," said Mohammed Moiz Qureshi, president of the American Academy of Emergency Medicine Resident and Student Association.

"AAEM/RSA echoes the commitment of Representative Collins and Representative Ruiz to that future and we appreciate their work on this legislation to help future generations of emergency physicians best serve their patients."

“A physician’s duty to advocate for safe and effective treatments, policies and practices is impaired by lack of due process,” said Charles McKay, MD, president of the American College of Medical Toxicology. “ACMT is proud to stand with Representative Collins and Representative Ruiz in this effort to better protect patients’ health and quality improvements within the health care system.”

For a copy of H.R. 6372, click here.

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