The Batavia Police would like your help in recovering a missing power wheelchair owned by a Washington Towers resident.

The wheelchair broke down this morning and the elderly resident left it nearby. The resident was able to get back home and he called a repair service.

Tonawanda Valley Federal Credit Union officials called police after customers reported it unattended in the parking lot.

When police responded, the chair could not be located. Police officers are concerned the chair was stolen.

Anyone with information about the chair is asked to call the Batavia PD at 585-345-3000.

Five Muckdogs will represent Batavia in the 2010 New York-Penn League All-Star game.

Catcher Audry Perez, outfielder Nicholas Longmire, infielder Joey Bergman and pitchers Justin Edwards and Chase Reid were named to the squad.

The game will be played Tuesday, Aug. 17, at Richmond County Ballpark in Staten Island.

Closer Jose Rada -- who is third in the league with 10 saves and has a 1.13 ERA to go with 33 strikeouts in 24 innings -- was passed over (General Manager Travis Sick said that Rada was selected prior to being promoted to Quad Cities).

Following from the Muckdogs' news release:

Perez was an undrafted free agent signing in 2006 and has started 30 games as catcher for the Muckdogs this season. He is currently batting .333 with 44 RBI’s, which is good for 7th best in the league. Perez has also been solid behind the plate this year and has helped guide the pitching staff to a team ERA of 3.77.

Bergman, a 33rd round pick in the 2010 draft, has been among the league leaders in hitting all season. Bergman currently ranks 10th in the league in hitting, with a .313 batting average, to go along with 8 doubles and 17 RBI’s. Bergman primarily plays infield for the Muckdogs but was selected as the designated hitter for this year’s All-Star team.

The Cardinals selected Longmire in the 5th round of the 2010 draft out of Pacific University. As the team’s everyday centerfielder, Longmire has enjoyed a stellar rookie season. He is currently batting .286 and his 39 RBI’s is second most in the league. He also ranks in the top 10 in both home runs (8) and slugging percentage (.503).

Justin Edwards is in his second year of professional baseball and was a 28th round pick in the 2009 draft. The left-hander is 3-2 with an ERA of 2.57, which puts him in the top 10 of starting pitchers this year. He has also recorded 42 strikeouts in his 49.0 innings of work.

St. Louis drafted Reid out of Vanderbilt University in the 41st round of the 2010 draft. Pitching primarily as a set up man, Reid is 2-0 with a 2.00 ERA. He has help opposing batters to a .125 average, and has recorded 30 strikeouts in just 18.0 innings of work.

Batavia holds the third place spot in the Pinckney Division with a record of 28-21.
This marks the second time in three years that the Muckdogs have sent five players to the All-Star game. The Muckdogs sent five players to the 2008 All-Star game and sent three in 2009.

A fire leader with 23 years experience in the Kodak Fire Department of the Eastman Kodak Company and 30 years experience -- both as a volunteer and as chief of the North Greece Fire Department -- has been selected to head the Batavia Fire Department.

James Maxwell will be become Fire Chief next Monday.

Monday night the Batavia City Council approved a resolution giving Maxwell 12 months to relocate to Batavia and City Manager Jason Molino said Maxwell is eager to move here.

Maxwell was not available for comment.

He replaces Interim Chief Craig Williams, whom Molino praised for his three months of dedicated service in the role.

It's been a long search for a new chief for the department, which has been run in the past couple of years by Thomas Dillon followed by Ralph Hyde before Williams. Hyde came out of retirement to handle the duties when Dillon was forced to step down because the state wouldn't let him draw a full-time salary and retirement benefits.

At Kodak, Maxwell served as a HazMat Resource Tech, Senior Firefighter/EMT, Lieutenant and Battalion Chief. He became chief of the North Greece department in 2006. North Greece is staffed by 33 career firefighters and 68 volunteers.

In looking for a new chief, Molino said the city wanted to hire somebody of character, integrity and enthusiasm.

"Obviously, we are looking for a good personality and right mentality not only for the department itself and management and (city) council, but who’s going to be a good fit for the community," Molino said. "Resumes are important, but it doesn’t always mean that somebody with the best resume is going to be the best fit in that department or the organization."

Maxwell's wife is Mary Jo and he has two sons, Brian, 26, and Craig, 24.

His starting salary will be $75,170.

A motorcycle accident is reported in or near the parking lot of Automotive Corporation on Federal Drive in the Town of Batavia.

There are minor injuries but the driver is conscious and alert. No other vehicle was involved. Town fire and Mercy EMS are responding.

Investigators are piecing together the final hours of Deborah Maniace.

The body of 47-year-old Batavia resident was found early Saturday morning next to the train tracks under the CRX overpass on Clinton Street Road, Stafford.

Maniace had attended the Elba Onion Festival Friday and been out with her boyfriend. At 2 a.m., Maniace called her son and said she was walking home.

Chief Deputy Jerome Brewster said that a just-released medical examiner's report says her wounds were consistent with a fall from a bridge. There is no other sign of trauma -- not from a fight and not from a car hitting her, and she was not sexually assaulted.

There are no skid marks or other markings on the roadway at the bridge that would suggest she had to move quickly to get out of the way of a swerving car.

Brewster noted that the wall along the bridge roadway is pretty high. It would be hard for a 5' 2" person to just fall over.

There is no indication that Maniace was suicidal.

"We would love to talk with anybody who might have seen her walking on Route 33," Brewster said. "We would like to talk to anybody who drove that section of Route 33 between 2 and 3 a.m. and didn't see her -- we would like to know that, too."

To contact the Sheriff's Office, call 585-345-3000.

Russell J. Hamilton, 20, Route 19, Brockport, is charged with reckless endangerment, 3rd, criminal mischief, 4th, and harassment, 2nd. Hamilton is accused of driving his car in a reckless manner, nearly striking two people sitting in lawn chairs. Hamilton then allegedly got out of his car and verbally threatened one of the victims. He is also accused of causing damage to the victim's driveway on Aug. 4. He was jailed on $1,500 bail.

Kevin F. Tierney, 51, of Creek Road, Pavilion, is charged with endangering the welfare of a child and sexual abuse, 3rd. Tierney is accused of forcing a woman into sexual contact.

Colleen Marie Kress, 45, of Crown Oak Drive, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, operating on a suspended registration, operating without insurance and speeding. Kress was stopped at 1:10 a.m., Monday, on Route 5 in Le Roy by Deputy John Weis for allegedly driving 70 mph in a 45 mph zone.

Daniel Thomas King, 30, of Johnson Road, Bernhards Bay, is charged with DWI, aggravated DWI, speeding and failure to keep right. King was stopped at 12:04 a.m., Monday, on Route 77, Pembroke, by Deputy Patrick Reeves. King was allegedly driving at 63 mph in a 45 mph zone.

Marc F. Faggin, 30, of Triphammer Road, Ithaca, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Faggin was stopped at 11:29 p.m., Sunday, on Route 77, Darien, by Deputy Chris Parker.

Janet Rae Langer, 32, of South Street Road, Le Roy, is charged with DWI and refusal to take a breath test. Langer is accused to driving to a location on West Bergen Road at 8:58 p.m., Sunday, in connection with a property dispute. Langer was allegedly intoxicated at the time.

The following arrest was announced by the Genesee County Sheriff's Office in connection with the Paramore concert at Darien Lake Theme Park on Sunday.

Gary M. Corbin, 21, of Downhill Drive, Erie, Pa. is charged with disorderly conduct. Corbin is accused of urinating on a female patron.

The following people received citations for alleged underage drinking:

Kelsey L. Peebles, 19, of Mill Street, Marathon
Taras R. Stashkiv, 19, of Michele Drive, Syracuse
David M. McDonald, 19, of Divers Crossing, Marathon
Riley P. Battaglini, 19 of Joss Farm Way, Cicero
Stephen W. Voorhis, 19, of Laguna Drive, Endicott
Brendan F. Morrisonm, 18, of Brinks Street, Marathon

For nearly 20 years, the Batavia Plumbing Board has conducted secret meetings, failed to keep proper minutes, not abided by its own regulations regarding plumbing examinations and administered tests seemingly designed to assure failure.

These are the accusations contained in a report issued by the City Manager's office on Thursday in advance of Monday's city council meeting.

"After researching the Plumbing Board and Plumbing Inspector actions over the past two decades, it has been discovered that there are numerous questionable actions with regard to the conduct of prior Plumbing Boards and the Plumbing Inspector," reads the report.

"Furthermore, when considering the severity of issues revolving around illegal meetings, refusal to review plumbing exam applications, lack of aptitude in creating the exams and answer keys, and blatant disregard for accurate record keeping, it would appear that the actions of the Plumbing Board and Plumbing Inspector have been collusive, self-serving, and not in the best interest of the residents of the City of Batavia.

"These actions further reveal a deliberate abuse of public trust and obvious pursuance of self interest for those involved."

The 18-page report contradicts most of the reporting of the Batavia Daily News on plumbing board issues. The Daily's stories have consistently protrayed city plumbers as protectors of public safety foiled in their public service efforts by an uncooperative City Hall.

In a July 22 article (City plumbers are united in protest), the Daily reports:

The board corrected the tests and all three applicants failed.

It is a difficult test, plumber Doug Diegelman said.

“It absolutely should be. It’s a definite public safety issue,” he said. “I want to try and get this resolved so that everyone is working on the same page. Each and every plumber had to have certain qualifications to pass that test.”

Of course, any test is difficult if the answer key doesn't match the questions. In each of the sets of questions given, the answer keys contained between 4 and 21 incorrect answers. In one case, the answer key contained "false" as the correct answer on a multiple choice question.

City Manager Jason Molino said in an interview with The Batavian on Friday that he isn't even sure the exams are up to date with current plumbing codes. And since the plumbing board has generally failed to keep proper meeting minutes, there is no record of the board adjusting the tests to keep pace with changes in code.

According to the plumbing board's own regulations, the board is required to offer examines three times a year, but until the three applicants were offered the exam in February, no potential plumber has been allowed to take the test since October 2006. 

The board received applications in November of 2004, 2006, 2008, March 2009 and June 2009. The plumbing board did not even respond to these applications until January, according to the report.

When the exam was given, as noted, all three applicants failed. One of the applicants has 32 years plumbing experience and is already licensed in six other jurisdictions.

Though issues with the plumbing board have existed for 20 or 30 years or longer, according to the report, much of the current controversy surrounding the board arises from a Jan. 20 meeting and the decision to deny a city employee, Jimmy Ficarella, an opportunity to take the test.

At a previous meeting -- with all five board members present -- Ficarella's application was approved unanimously.

At the Jan. 20 meeting, only three board members were present. Another board member and the chairman were not notified the meeting was taking place, according to Molino.

The next day, Chairman Ricky G. Hale resigned, writing in his resignation letter, "Such a job requires dedication to the trade, a commitment to the citizens of the community and an unprejudiced demeanor between the City and licensed plumbers thereof."

While neither Hale nor another board member knew about the meeting -- and there's no documentation for proper, legal meeting notice -- several local plumbers knew to attend the meeting.

They all signed a petition -- for what, Molino isn't entirely sure, because the writing was, to him, illegible -- that helps document their presence at the meeting.

According to the Daily's stories, the remaining plumbing board members justified their action by saying Ficarella had been practicing plumbing without a license, even though no such concern was raised when his application was approved in December.

In an interview by the Daily with City Attorney George Van Nest, Van Nest raises the same issue, and the Daily's story provides unqualified cover for the plumbing board.

In, Plumbing Board refusing to correct test taken by city DPW employee:

That's not exactly true, Ron Toal said. The board needed time to fully review Ficarella's supporting documentation. Once that was done, board members agreed his experience did not qualify him to go for master plumber.

Which begs the question -- unasked, apparently, by the Daily's reporter: Why didn't the board complete its review before approving Ficarella's application in December?

Board members have claimed that Ficarella was found to have practiced plumbing without a license and without the proper supervision of a master plumber, but Molino said no one has come forward with evidence to support the claim.

"The entire board approved the new application in December, so obviously there’s new information that came in (for the Jan. 20 meeting)," Molino said. "So, let’s see the new information? ‘Well, there is no new information.’ Well, let’s see the investigation? 'There is no investigation.’ There’s no information, no justification, no new information whatsoever (to disqualify Ficarella)."

Even if it were true that Ficarella was practicing plumbing without a license, there's nothing in New York's General Cities Law on plumbing that would prohibit him from qualifying to take the exam.

However, a plumber found guilty of a misdemeanor (like practicing plumbing without a license) would lose his license. There is no claim The Batavian has yet to uncover that Ficarella was ever been charged with a misdemeanor, let alone convicted, to potentially disqualify him from taking the exam.

For months, the board refused to grade Ficarella's test. When it did -- because Van Nest required it to protect the city from litigation -- Ficarella wasn't given a passing grade.

After two of the candidates filed Freedom of Information requests for their tests and the answer keys, they challenged the test's validity.

Matt Worth, superintendent of water and sewer, regraded the test, checking the answer keys against relevant state and city codes. Once the incorrect answers in the answer keys were corrected, the two applicants were found to have achieved passing scores.

In a July 29 story (Recorrected: 2 plumbers pass test), the Daily quotes Larry Toal saying he believes the city “manipulated the codes to fit the answers.”

Former Plumbing Inspector Barb Toal told the Daily that the city's Licensed Plumbers Association plans a legal challenge to the passing grades.

In the same story, the Daily's reporter writes of the meeting that the only master plumber on the board at the time, Al Rosemark, objected to the meeting taking place since there weren't two other plumbers to vote on the regrading process.

General municipal law for cities states that the board is to include two master plumbers, one journeyman plumber, a city engineer and a plumbing inspector.

Ron Toal doesn’t think that Water and Sewer Superintendent Worth should be on the board since he’s not a plumber or an engineer and there is already a city representative on it.

But that's not correct, according to the city's report.

Under Section 40-a of the GCL (General Cities Law) Article 4, the Plumbing Board is to consist of five members: two (2) master plumbers of whom shall be employed as master plumbers of not less than 10 years experience in the business of plumbing, one (1) journeyman plumber of like experience and two (2) city staff members.

As explained above, the GCL provides that "the other members of such board shall be the chief inspector of plumbing and drainage of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing, drainage or sewerage" may be appointed to fill the Plumbing Board positions.

The Daily's stories have also repeatedly left the impression that the city must employ a person with the job title of "Plumbing Inspector," and that such a person must be a master plumber.

In a June 4 story (Code officer sent for plumbing work), the Daily reports:

Former inspector Barb Toal said that neither of the code officials, Ron Panek nor Doug Randall, has ever taken the city plumbing test to be a certified master plumber. Only certified master plumbers are to do plumbing jobs and inspections in the city.

That's simply not true, according to the city manager's report.

Article 4 of the GCL does not provide that cities shall employ a separate titled position of "Plumbing Inspector," but rather the person inspecting plumbing work shall have a Certificate of Competency issued from the Plumbing Board.

This has been misstated in recent media reports, giving the impression that a city must have a distinct Plumbing Inspector position.

However, the relevant section of the GCL also requires that the inspector be a "practical plumber," whatever that means; however, he or she cannot be engaged in the trade of plumbing while serving as a plumbing inspector.

The plumbing inspector must also be a qualified building-code officer, according to the report.

If no person can be found who meets the qualifications, the Attorney General has ruled that a city cannot be forced to follow the General Cities Law.

"In researching the situation, we learned that the cities of Corning, Geneva and Canandaigua do not have active Plumbing Boards, do not license plumbers and do not employ plumbing inspectors," the report reads. "All three cities employ code enforcement officials (or building inspectors) to issue plumbing permits and conduct plumbing inspections."

Molina's report concludes with nearly a dozen recommendations for restoring public trust and confidence in the plumbing board, including obeying New York's laws on public meetings (publishing agendas and keeping accurate minutes, for example).

It also recommends that objective criteria be established for determining whether a candidate is qualified to take the plumbers' exam, and if a candidate's application is rejected, that detailed records be kept on why the board did not find the candidate qualified.

As for the exam itself, the report recommends hiring a third-party firm to write, administer and grade the tests to ensure complete impartiality.

Recommendation number 11 deals with the plumbing inspector position itself.

The recommendation is twofold. Firstly, try to find a qualified candidate who would then be required to go through the necessary training, within a year of being hired, for the part-time position of code-enforcement officer.

This is required by law. The lack of sufficient plumbing inspection work means the inspector will be required to perform other duties.

Or, secondly, have the Batavia Plumbing Board allow either of the current code-enforcement officers (who are otherwise qualified under New York law to take the exam) to take the plumbing exam and achieve a Certificate of Competency."

The city council is expected to discuss the city manager's report and its recommendations when it meets at 7 p.m., Monday.

If you wish to read the entire report for yourself, The Batavian's news partner, WBTA, has posted the report here.

The sun had yet to rise and the 15-year-old angler was already at the water's edge. Standing on a large flat rock beneath a railroad trestle, he cast the surface plug far as he could downstream. The plug landed near the top of the pool. Then, instead of allowing the plug to remain motionless until all the ripples disappeared, the young fisherman began to reel in his line as soon as the lure hit the water. And rather than retrieve it slowly, alternately popping and twitching the plug, he reeled steadily, creating a tiny wake.

Within moments the young man noticed another wake, this one smaller, v-shaped and moving rapidly toward his incoming lure. While the wake may have been small, the fish about to intercept his surface plug was not. The water erupted and the young angler at once had his hands full, realizing he was into a mighty good fish. The fish on the end of his line was a jumbo smallmouth and it wasted no time tearing up the surface of that pool, jumping, somersaulting, bulldogging and ending the early morning calm. And just like that it was gone.

As the bewildered young angler stood with his mouth agape, a voice emanated from within a sleeping bag on the bank.

"Youdidn'tplayitlongenough." The voice belonged to Joe Mazzarella Sr. who could sometimes turn a sentence into a single word. That scenario took place 45 years ago this month on the banks of Oatka Creek where it flows near the Le Roy-Pavilion border. The young angler was yours truly. The action began the previous evening. What began as a simple overnight on the banks of the Oatka, turned into an introduction to smallmouths, aka the feisty bronzeback.

After setting up our camp, Joe Jr. and I helped his father with the crab scoop, seining soft shells from a thick weed bed. After nightfall crayfish began to emerge from their daytime lairs beneath rocks. By lantern light we could easily see them in the clear water, dozens of them on the creek bottom. Soon afterward the bullheads began to bite. Not long after that, a school of jumbo smallmouths invaded the pool.

Thus began my introduction into the world of the smallmouth bass, pound-for-pound one of the gamest fish that swims. Once the action slowed we crawled into our sleeping bags and fell asleep under the stars. My education continued just after dawn the next morning, when the aforementioned big smallmouth put on quite an aerial display before spitting the plug back in my direction. A few minutes later Mr. Mazzarella started a fire and I was able to temporarily forget losing the fish when the aroma of bacon and eggs filled the air.

I've lost numerous fish in my time, but none comes to mind like that Oatka smallmouth all those years ago. And too, whenever I think of that fighting smallmouth, wondering just how big it might have been, I can't help but think of Joe Mazzarella Sr.

A few years afterward, while working on the construction of the GCC Batavia campus, I saw "Joe Mazz" quite often. Whenever our paths crossed, he'd ask, "beenfishin?" or "doinanyhuntin?"

It was in the winter of '71 when Joe Sr. was heading to Silver Lake for a day of ice fishing. Weather conditions weren't good, but that wasn't about to stop him. En route to the lake, he happened upon an accident and, being the person he was, Joe Mazz stopped to help. A snow squall had enveloped the area and in near-whiteout conditions the driver of a truck failed to see Joe Sr. assisting at the scene.

That smallmouth was quite a fish and Joe Mazzarella Sr. was quite a guy.

More flowers, notes, gifts and two signs have been added to an informal memorial created by friends and family of three young people killed in a one-car auto accident early Saturday morning. The accident claimed the lives of Matthew Ware, 22, Joshua Durham, 21, and Allyson Galens, 20. Ware lived in Batavia and was a graduate, along with Basom-resident Durham, of Oakfield-Alabama High School. Galens, a GCC student, was from Stanley.

I continue to be impressed by the beauty I find in Genesee County as I drive around the back roads (and, truth be told, I think I was still on Caswell when I took this picture, but frankly, forgot to write down where I was).

Friends and family of Deborah Maniace gathered on the Route 33 CRX overpass this evening to pay respects to Maniace, whose body was found early Saturday morning next to the railroad tracks. The cause of her death has yet to be determined.

Drive from Bergen to Batavia, southwest on Route 33, and just a mile or so from the Route 237 intersection, you will see a big red barn with "Oderkirk" in hand-painted big white letters on one end.

We've all seen it.

And this time of year, we've all noticed the sunflowers saturating the north side of the property, too.

The free sunflowers, it turns out, are just a ploy to get you to stop and buy vegetables from Richard Oderkirk.

The 69-year-old is a fifth generation farmer to operate the Oderkirk spread since 1877. But he's retired now and growing vegetables is both a hobby and a way to supplement his income.

"They're self-seeded," Oderkirk said about the sunflowers. "I try to exterminate a few more of them each year. They provide a lot of shade for my squash plants -- too much shade."

It's the winter squash that Oderkirk really hopes to sell each year -- it will be ready in a few more weeks, and when it is, even the cucumbers and tomatoes will be given away, so more people will stop and buy the squash.

And people do stop. Often with cameras in hand.

"I enjoy seeing people like the sunflowers," Oderkirk said. "I had an art student from GCC here 10 days ago taking pictures, and two girls yesterday. I'm happy seeing that."

The sixth and seventh generation of the Oderkirk family now live on the property. Once a dairy farm of 280 acres, it's now the 2.5-acre residence of Mary Thomas, her husband and daughter.

Asked what she thought of so many people driving by and admiring her property, Thomas said, "I’m surprised to hear somebody say that. I guess I didn’t think of the place like that. I see people stop to take pictures of the sunflowers. That’s nice. I get tickled when Dad gives them away for free."

Knowing that daughter Mary enjoys the sunflowers, Dad planted a small variety  -- the plants closer to the road are HUGE -- on the far side of the barn, and if she squints between barn structures, Mary can see from her kitchen window.

Good naturally, she turned to her dad while we were taking and said, "They aggravate you because they’re not produce, but I love them because they add beauty. Everybody likes them, Dad."

Everybody does, even Richard, even if he doesn't always admit it.

More photos after the jump:

H.E. Turner and Sons has posted obituaries for Matthew Ware and Joshua Durham.

Ware and Durham, along with Allyson Galens, died early Saturday morning in an accident on Albion Road in Oakfield.

(From left: First runner-up Ryleigh Rowcliffe, Onion Queen Jessica Pcionek, and Second runner-up Molly Geissler.)

When Jessica Pcionek was crowned Onion Queen on Saturday night, she couldn't believe it was actually happening.

"I was thinking about how I used to always go watch the Onion Queen contest when I was little, but I never really thought I would be up there doing it myself," Pcionek says. "I was shocked, but really excited at the same time because one of the dreams from my childhood came true."

Jessica is the daughter of James and Joyce Pcionek and has one sister, Jamie. She is employed at Post Farms and is a member of the Center Stage Dance Company.

She volunteers with SADD and at the Batavia Youth Bureau and is involved in many school activities including National Honor Society, Future Teachers Association, Friends of Rachel, Library Club, Drama Club, Senior High Chorus, Spirit Club, and Varsity football cheerleading. 

She plans to attend a four-year college to major in education.

The dream did not come true without hard work on Jessica's part, although she insists the whole process was "really fun."

"I had to write two essays and do four hours of community service, and then we had to go to a dinner interview and answer some questions. Then basically after that we just did the parade, rode on the float, and threw candy, which was really, really fun."

The other contestants were her classmates Ryleigh Rowcliffe, Racheal Cook, Molly Geissler and Jessica Hickey. The contest was open to incoming senior girls at Elba Central School.

"They're all my friends and I was hoping for the best for all of them," Pcionek says. "We had a lot of fun together and it's not like anyone holds a grudge or anything because we're all really good friends. I know no matter who would have won, we would have been happy for each other no matter what."

The newly crowned Queen says she loves Elba because of its size and the close-knit feeling. 

"It's a nice small community and everyone's really friendly and they're able to help you out if you get lost or something -- well, it's not like you'd really get lost in Elba in the first place. But you don't feel like you're just a number like you do in a bigger city. You get that community feel."

First runner-up Ryleigh Rowcliffe is the daughter of Garth and Mary Rowcliffe. She has two sisters, Alexandra and Meghan, and works for Oak Orchard Dairy.

She volunteers at Bezon Farms and Genesee Valley BOCES. She is involved in many activities including 4-H, FFA, and GAA. She plays varsity softball, soccer and basketball.

Ryleigh plans to attend school out of state to become a large-animal veterinarian specializing in dairy and beef cattle.

Second runner-up Molly Geissler is the daughter of David and Jane Geissler. She has one brother, Matt, and volunteers for the Elba Sports Boosters and the Oakfield Turkey Trot.

Molly is involved in many school activities including Varsity soccer, softball, and basketball. She is a member of the Future Teachers Association, National Honor Society and the Girls Athletic Association.

She will be attending the Health Careers Academy during her senior year. Molly plans to attend college to become a registered nurse.

Dr. Victor DeSa talked with seniors Friday about the federal government's new health care legislation. This followed his hour-long presentation, sponsored by the "Older Adult Ministries" program of Batavia's First United Methodist Church.

DeSa is a retired surgeon who had a private practice in Batavia for many years and currently serves on the United Memorial Medical Center Board of Directors. He is well renowned and respected in the community and very knowledgeable about how the health care field works -- including the role of legislation and the relationship between health care and the government.

There is a lot of misinformation about the new health care law and how it could affect  people -- especially Medicare and Medicaid recipients.

The doctor expressed disappointment in the mainstream media's handling of the topic.

"The people in the media are not doing their job," DeSa said. "The media used to look out for the common man, but now they have a bias and a preference. (Consequently), the news we get is filtered and we don't have all the information we need in order to make informed decisions."

For those who could not be there, here's the gist of DeSa's presentation (it will be divided into two parts for the reader's convenience) -- it reflects the arguments he made based on careful and meticulous research, and does not necessarily reflect the opinion of The Batavian.

Health care: rights and responsibilities

The question of whether health care is a right or a privilege came up early in the presentation. This language, said DeSa, is problematic. The real question is this:

"Is health care a right, or is it a personal responsibility?"

He pointed out that health care is considered a right in socialist countries, where people "have abrogated their rights to the government" so that the government "will take care of (them) from the cradle to the grave -- and that includes health care."

"The United States is not yet a socialist country," he said (and yes, he did emphasize yet), "so here, health care is a personal responsibility."

What he meant by this, is that each person has a certain amount of control over his/her own health (diet, exercise, etc). For instance, if someone chooses to live on bacon, cheeseburgers and cigarettes all the time, then he/she is indirectly "choosing" to have weight problems, heart problems, high blood pressure, etc.

"If I'm responsible for my own health, should everybody pay for it or should I?"

Misconceptions about U.S. health care

DeSa assured his listeners that we here in the U.S. do, in fact, have the best health care in the world. To prove it, he spent some time debunking two popular myths that lead people to believe the contrary: that our infant mortality rate is higher than in countries with socialized health care, and that lifespan is shorter in the United States than in said countries.

On infant mortality, he said: "We (in the U.S.) over-report infant deaths, while other countries under-report them. Here, we're so meticulous about reporting, that if a baby takes a couple breaths and has a couple heartbeats after birth, it's reported as infant mortality. But in developing countries, a baby dies an hour or two after being born and it's reported as a stillbirth."

He also pointed out that a large percentage of infant deaths take place in the inner-cities, where there are a lot of crack cocaine and AIDS babies.

"These babies die in spite of very good health care. Their deaths are due to social problems, not medical problems."

As far as lifespan goes, he said that longevity is about the same in this country as in those that have socialized health care; what doesn't get factored in with lifespan studies is the fact that the U.S. is the "murder and accident capital of the world."

"If you took the murders and deaths from accidents in Chicago, Detroit or New Orleans in one month, they are more than the deaths of our soldiers in Iraq or Afghanistan in one month."

In short, the evaluation of U.S. life and health often ignores social problems and unfairly puts all the blame on health care.

Universal care vs. universal insurance

...Wait a minute, aren't they the same thing? Not according to DeSa.

"We do have universal care in the U.S. The EMTALA Law ensures that no one who comes into the emergency room will be refused care -- even illegal immigrants. That's the right thing to do, the humane thing to do and the moral thing to do, and I support it."

He says there is a "subtle but important difference" between this and universal insurance, which we don't have. There are currently 47 million Americans uninsured.

The Congressional Budget Office predicts that as a result of the new health care legislation, 32 million people who were previously uninsured will be insured at the end of 10 years. However, there will still be 21 million people uninsured -- and this is in spite of the fact that the new law will require people to buy insurance!

Who are these 21 million uninsured, you ask? Young, healthy people making between $35,000 to $82,000 a year.

"When you're young, and you're starting a family, and you have mortgage payments, you have a whole host of other host of things you have to worry about. You're going to say, 'Well, I'm young, and I'm invincible...maybe I won't fall ill. I'll take the chance and hold off on buying health insurance.'"

This is going to have a couple of important consequences. First of all, DeSa said, "the IRS is going to need about 16,000 new agents to track them down."

Even if they do track them down, not much is likely to change.

"If I'm a young person," DeSa said, "and a federal agent tells me I have a choice between a fine -- which starts at $95 and over the course of seven years will go up to about $700 -- and purchasing health insurance for $12,000-$13,000, it's a no-brainer."

Secondly, these people will cycle in and out of insurance programs. Faced with a serious condition like cancer, a young person will go to an insurance company for coverage -- and they cannot be refused under the new law. But when they get better, they will forego the insurance.

"People will abuse the system. That's just human nature."

While uninsured, these individuals will be able to make partial payments for hospital visits about 27 percent of the time; the rest will be covered by the state's "uncompensated care pool," into which each hospital in the state pays.

But even this won't cover the whole cost. To whom does the remainder of the cost shift? The taxpayers.

"This varies from state to state depending on the percentage of uninsured they have, but the average each person pays is $300."

The second and final part of the article will be up soon.

A motorcyclist is reported down in the median of the Thruway, eastbound, near Exit 47. It is 1.5 miles from the Scottsville exit. Monroe County has requested Le Roy Fire Department to check the scene. Henrietta EMS is responding.