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Ranzenhofer appears in Genesee County, urges passage of "All Crimes DNA Bill"

By Geoff Redick

Calling it “the fingerprint of the 21st Century,” Senator Mike Ranzenhofer and local law enforcement leaders met today to endorse the “All Crimes DNA Bill,” which has just passed the New York State Senate and is now before the Assembly.

The bill (S5560A) would require anyone convicted of any felony or misdemeanor crime in New York State to submit their DNA to the state’s DNA databank, by way of a mouth swab. The move is expected to add more than 46,000 DNA samples to the state database every year.

“This is very helpful in solving crimes; and on the other hand, it’s also very helpful to exonerate the innocent,” said Ranzenhofer, who voted in favor of the bill just three days ago.

Currently, the state’s criminal DNA submittal bill applies to all felonies, but only to 36 misdemeanors – what can be described in layman’s terms as the more violent, harmful, or prohibitive misdemeanor crimes on the books. Crimes on the current list include third-degree assault, criminal obstruction of breathing, third-degree sexual abuse, and petit larceny, to name only a few.

Under the proposed new law, all convicted misdemeanors would require the DNA contribution – including such crimes as fortune-telling, false advertising, and jostling.

But when asked if he perceived the proposed new law as an infringement upon personal rights, District Attorney Lawrence Friedman was steadfast.

“We’ve been taking people’s fingerprints upon arrest forever,” Friedman said. “This is really, I would suggest, no different…there’s no evidence of any real ‘violation’ that’s ever come up.”

“The person only submits the DNA sample upon conviction,” added Genesee County Sheriff Gary Maha, “…so even if you’re arrested, you’re not going to submit a DNA sample.”

Friedman recalled a recent residential burglary case in Genesee County (he did not name the defendant) in which the only evidence left behind was some spots of blood. Through DNA collected after previous convictions, lawmen were able to track down and arrest the suspect. The defendant later pleaded guilty, and is currently imprisoned.

“As far as we’re concerned, there is no downside to this,” Friedman said. “It’s a great system.”

Ranzenhofer, Maha and Friedman each publicly called for the Assembly to pass the bill immediately.

College invites GLOW high-schoolers to enter Civil War essay contest

By Billie Owens

As part of a series of activities commemorating the 150th anniversary of the nation's most devisive conflict, the Civil War, Genesee Community College invites high-school students in the GLOW region (Genesee, Livingston, Orleans and Wyoming counties) to enter an essay contest.

The topic is "War Takes a Nasty Turn: The Changing Nature of the War of 1862."

The first-place essay winner will receive a color Nook electronic reader.

The essay should be a minimum of three pages, formatted in 12-point Times New Roman font, and double-spaced. All citations must be written in Chicago Style (www.chicagomanualofstyle.org). All essays must be received electronically by Friday, April 13 at ddmaxfield@genesee.edu.

Winners will be announced at the Civil War lecture that is scheduled at the Batavia campus at 7 p.m. on May 1.

For further information please contact GCC's Lima Campus Center at 582-1226 or go to: http://civilwaratgcc.wordpress.com.

Teen runaway may be in Genesee County with boyfriend

By Howard B. Owens

UPDATE: The Batavia Police Department announced today (Feb. 3) that Shannon Reichart was located today safe and unharmed. Detective Richard Schauf thanks the public for its assistance in locating her.

Batavia PD issued an alert today for a 15-year-old runaway who may be in the area.

Shannon Reichart has a history of running away, according to police and has been found in Genesee County before. She has a boyfriend in Genesee County. His name has not been released.

Reichart is described as 5'2", 110 lbs. with brown hair and brown eyes. 

She was last seen wearing a black shirt with white letters that say "STAR" and black sweatpants with white Nike sneakers. Shannon has a tattoo of a peace sign on her knee cap and the initials "HHH" on the web on her left hand.

She may be in the company of her 17-year-old boyfriend who has brown hair and brown eyes, weights 160 lbs. and is 5'7".

Winner in Shop Batavia contest

By Howard B. Owens

The winner in our most recent Shop Batavia contest is Trish Cody.

Trish wins a set of handcrafted Valentine's glasses from Bruggie's.

The winner was selected at random from among people who "Liked" Shop Batavia on Facebook and registered for the contest.

Shop local!

Shop Batavia -- the only place in Genesee County to shop at locally owned businesses online, all in one place, and find coupons, gift certificates, recommendations and merchandise from local shops.

Today's Deals: Adam Miller Toys, Bourbon & Burger, Kraving's, T.F. Brown's, more!

By Lisa Ace

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.50.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Greg'ry's Bakery, 13 North Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $20 gift certificate for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kravings offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have a $10 gift certificate for $5.

Palm Island Indoor Water Park, 8250 Park Road, Batavia, NY: The newest family fun center in Genesee County, featuring a hot tub, monsoon lagoon pool and play area, tipping buckets, water slides, arcade with 15 games and birthday party rooms. We have a pair of gift certificates worth $40 in merchandise or services for $20.

Rancho Viejo, 12 Ellicott St., Batavia, NY: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "South of the Border" to Batavia's restaurant scene. We have a $20 gift card for $10.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $10.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." Stop in and check out our jumbo chicken wings, roast beef on weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from super salads, butcher cut strip loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $10.

The Mane Attraction Salon and Spa99 Main St., Batavia, NY: offers "Affordable Luxury" in downtown Batavia. We pride ourselves in the great customer service we give to the entire family. Men, women and children are all welcome either by appointment or walk-in. We offer all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, facial, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kids' cuts! Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have $20 gift certificates for $10.

Viking Valhalla Restaurant & Rose Garden Bowl21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $10.

SOLD OUT

Note: if you've never purchased Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Le Roy illnesses: today's efforts to gather more information

By Howard B. Owens

Let's start with PANDAS.

Every day, I get emails and phone calls from all over the country from people saying, "the cause of the tics must be PANDAS."

PANDAS stands for Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections. Some people who contact us claim that PANDAS should now be called PANS (Pediatric Autoimmune Neurological Syndrome). I've even heard the word "pediatric" should be removed.

The original theory was that PANDAS was caused by a strep infection, but some researchers apparently now believe that the disorder can be caused by any infection.

School and state officials have repeatedly said -- including at the Jan. 11 community meeting and in subsequent press releases -- that PANDAS and infections have been ruled out.

Late last week, I requested an interview with Dr. Gregory Young, who originally told the community PANDAS had been ruled out. The request was simple: I'd like to get more detail on why PANDAS was ruled out.

Jeffrey Hammond, the spokesman for the DOH got back to me on Monday and referred me to Dr. Laszlo Mechtler, the DENT neurologist who made the conversion disorder diagnosis and has been quoted as blaming the stress the girls are reportedly under on post-9/11 terror warnings.

I left two messages at Mechtler's office yesterday. When I called this morning, I spoke with DENT's marketing director, Maria Caserta.

Caserta was initially helpful, but 30 minutes after confirming an interview time for Thursday, Caserta emailed to cancel the interview.

When I squawked, Caserta responded that Dr. Mechtler was canceling the interview because The Batavian revealed he has taken more than $150,000 in payments from phrama companies.

Caserta wrote, "Please note: Dr. Mechtler speaks for pharmaceuticals on a professional basis related to Headaches and Brain Tumors. He is no way affiliated with these pharma companies in relation to Gardasil or Cervarix."

Duely noted.

I immediately informed Hammond that Mechtler was unwilling to share with the community the reason behind ruling out PANDAS and requested another avenue of information, but as yet, Hammond has not responded to the email.

I've also emailed the DEC, EPA and DOH, in some cases, multiple times, trying to get more detail on claims by the school district that environmental testing has taken place.

On Saturday morning, Superintendent Kim Cox initially claimed soil and water testing had been done at the school, but when pressed for details, she said she wasn't actually sure what had been done.

In a letter to the community this morning, Cox said, "All of these agencies and professionals from these agencies have assured us that our school is safe.There is no evidence of an environmental or infectious cause." ... and ... "The school was tested for total Volatile Organic Compounds by an independent firm."

So my second attempt in 24 hours to get more details on environmental testing -- what was tested (soil, air, water, inside and outside the building), when and by whom, elicited the following email.

“DOH reviewed both the epidemiology and the clinical evaluations and found no evidence of environmental or infection as the cause of the girls’ illness.”

“An environmental exposure would affect many people. The treating physicians ruled out PANDAS. The school was tested for Volatile Organic Compounds (including TCE) by the independent firm. The school is served by a public water system. The Guardasil vaccine was ruled out because many of the girls did not receive the vaccine. Despite the evidence, the Le Roy School District chose to pursue environmental testing."

“DOH has reviewed 12 cases and we are aware of three new suspected cases. The three new suspected cases are being evaluated by private medical professionals who will then share the evaluations with DOH. DOH will evaluate the new suspected cases are part of our Le Roy investigation.”

"People are free to pursue additional environmental testing."

Additional background perspective:

    - The Genessee County Health Department contacted us in October
    - Epidemiology is the study of the causes, distribution and control of disease in populations.
    - DOH conducted a scientific literature review.
    - The department continues to monitor the cases.

    - The school district’s website has copies of the environmental review, in case you don't have them. Here’s the link to the school’s site: http://www.leroycsd.org/. The documents are found under the “important message” section.

    - Questions about the Lehigh Valley railroad site should be directed to the EPA. Mike Basile, 716-xxx-xxx, xxxx@epa.gov

    - HIPAA prevents DOH from sharing the diagnoses. That is a question for the private physicians (Dent Neurology) who have been treating the girls.

I immediately responded to Hammond requesting more detail -- again, who is the independent firm, were soil and water samples taken, etc.? So far, no response from Hammond, though he did issue a press release late this afternoon that includes detailed information on interior water testing.

NIH offers no-cost consultations in Bethesda for Le Roy teens effected by illness

By Howard B. Owens

Press release:

New York State Health Commissioner Nirav R. Shah, M.D, MPH today announced that the department has secured an agreement with the National Institutes of Health (NIH) that the NIH will provide the Le Roy High School students suffering from tic-like symptoms with a free, independent third-party evaluation of their cases.

The evaluations will be performed under the auspices of Dr. Mark Hallett and Dr. Susan Swedo of the NIH Institute on Neurology in Bethesda, Maryland, at no cost for the specialized consultation or for travel and accommodation costs of the students and their families.

The Department of Health is sending information on this opportunity to visit NIH to the parents and families of those affected by this illness and urges them to take advantage of this opportunity to be examined by these experts.

Dr. Hallett is currently NIH’s Chief of the Medical Neurology Branch and Chief of its Human Motor Control Section. He is currently the principal investigator of a clinical study of the diagnosis and natural history of patients with neurological conditions.

Dr. Swedo is currently chief of the Pediatrics and Developmental Neuroscience Branch at the National Institute of Mental Health (NIMH). Dr. Swedo and her NIMH team were the first to identify a new subtype of childhood disorder thought to be related to streptococcal infections known as Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal infections (PANDAS). Dr. Swedo's work has led to the development of several possible therapies for the condition.

“The Department of Health understands that parents and students in the Le Roy School District are seeking more information on the tic-like symptoms that have presented in some students in the Jr./S.r High School,” Dr. Shah said. “Based on the clinical evaluations of the patients and the pattern in which these cases presented, the department continues to believe that there is no environmental or infectious cause of these illnesses or public health threat to the community.”

At the request of the school district, water samples from the school were tested at the department’s Wadsworth Laboratory in Albany. The department analyzed three drinking water samples taken on Jan. 25, 2012 from the Le Roy High School by the Genesee County Health Department. Two samples were taken from areas frequented by students (student laboratory and kitchen). The third sample was taken where public water enters the building and is representative of water quality in the Monroe County Water Authority (MCWA) distribution system that supplies the high school and the surrounding area. The analyses of these samples were completed on Jan. 30, 2012.

The results show nothing out of the ordinary. All three samples meet state and federal drinking water standards. The water quality in the student areas was no different from the water quality in the area around the high school. In addition, all three samples were consistent with the normally expected water quality for the entire Monroe County Water Authority (MCWA) service area. The only chemical detections to note were three disinfection by-products, the earth metal barium, and fluoride. All of these detected chemicals were at levels that are within state and federal drinking water standards. The disinfection by-products were found at levels consistent with entire the MCWA service area. Disinfection by-products occur at all drinking water systems that chlorinate surface water and result from the reaction of the primary disinfectant (chlorine) with naturally occurring organic material found in all surface waters of the state. The detected barium comes from Lake Ontario and is consistent with the level normally present in MCWA's water. Fluoride is added by MCWA for dental protection purposes and the level detected is MCWA's optimal target level for fluoride.

Detected Chemical Range of Levels Detected Maximum Contaminant Level Disinfection Byproducts: Chloroform 27 - 28 (ug/L or ppb) * Bromodichloromethane 10 (ug/L or ppb) * Dibromochloromethane 2.8 (ug/L or ppb) * Total Disinfection Byproducts = 39.8 - 40.8 (ug/L or ppb) 80 (ug/L or ppb) Barium 0.018 - 0.019 (mg/L or ppm) 2 (mg/L or ppm) Fluoride 0.7 (mg/L or ppm)) 2.2 (mg/L or ppm)

 

Accident at Route 20 and Asbury Road, Pavilion

By Billie Owens

An accident with injuries is reported at Route 20 and Asbury Road in Pavilion. Pavilion Fire Department and medics are responding. Mercy Flight from Batavia is on in-air standby.

UPDATE 2:33 p.m.: Traffic will be shut down at South Street and Route 20. A guide wire from a utility pole is blocking the roadway and needs to be cut and removed.

UPDATE 2:44 p.m.: Mercy Flight is cancelled.

UPDATE 3:06 p.m.: Pavilion is back in service. Fire police will remain on scene along with State Troopers until the one vehicle involved is removed. One person is being transported to Strong Memorial Hospital.

UPDATE 3:54 p.m.: Pavilion Fire Police are back in service. The roadway is open.

Le Roy superintendent releases a letter to the community

By Howard B. Owens

Via email from Bill Albert at Harris Beach:

Letter to the Community

February 1, 2012

Over the past few days, activities that have occurred in our community with respect to environmental testing by a representative who claimed to be working on behalf of Erin Brockovitch have taken center stage. This has been a distraction and taken us away from our mission to return normalcy to our school District, which every medical professional says is critical for the health and well-being of all students in our schools. As we have communicated, we have been working closely for months with numerous medical professionals, the New York State Department of Health, the New York State Department of Environmental Conservation, and the United States Environmental Protection Agency. All of these agencies and professionals from these agencies have assured us that our school is safe. There is no evidence of an environmental or infectious cause. Environmental causes would not discriminate. We would see a wide range of people affected. 

The community should take assurance that the Department of Health concluded extensive reviews of both the epidemiology and the clinical evaluations and found no evidence of environmental or infection as the cause of the students’ illness. Again, an environmental exposure would affect many people. The school was tested for total Volatile Organic Compounds by an independent firm. The school is served by the Monroe County Water Authority. This system is monitored on a regular basis. In addition, we have just been informed that water samples taken from the inside of the school as an additional precaution have been tested and determined to be safe. The treating physicians at the Dent Institute ruled out PANDAS (Pediatric Autoimmune Neuropsychiatric Disorders associated with Streptococcal infections), a condition that sometimes causes this behavior. The Gardasil vaccine was ruled out because many of the girls did not receive the vaccine. 

In addition, to help assist the district with assessing all aspects of this situation, we hired our own independent environmental expert to conduct a review of the findings and offer alternative approaches if needed. This was done not because we questioned the state medical professionals or federal agencies, but to help reassure the community. There are also some individuals who are attempting to connect the 1970 Lehigh Valley Railroad train derailment that spilled Trichloroethene (TCE) to the school.  In fact, the TCE plume has been shown as moving in the opposite direction of the school, some three miles away.     

The individual who came onto school property this past Saturday did not identify himself, did not show his credentials, and did not contact us ahead of time to offer assistance or coordinate with our efforts. Nor did this individual demonstrate that the testing approach was in accordance with scientific methods. It was clearly staged as a publicity stunt with members of local and national media invited to participate. We know this because the media arrived well in advance of this individual. In fact, one member of the media entered the school without permission and interrupted the preparations for an on-site program. Of course they were asked to leave. I am charged with keeping this entire school, staff, students and grounds safe. Not knowing this individual’s intention, I had no idea if he was there to get something or leave something. 

Our administration and staff are exceptional and have been diligently working under stressful situations to try to maintain a supportive educational environment. This has been extremely challenging given the irresponsible tactics and programming by the national media. Speculation and reporting of erroneous information by those who have none of the information that has been compiled over months of study by leading professionals is confusing our community. It is also heightening the level of anxiety of all our students and especially jeopardizing the recovery of those affected students, many who had recovered or been showing signs of improvement. These kids want to get better. As a community, we need to support each other and these students by ensuring our school environment is nurturing and safe. I want to thank the members of our local media who have been engaging in responsible reporting.

I know we all want what is best for the children. We are all frustrated, tired and saddened by this turn of events as it is affecting the entire community. I am confident we will work through it, but I do believe it will take some time. My role as Superintendent of this District is to ensure I am providing the best possible educational environment conducive to learning and allowing our children to excel to the best of their ability. I am not an environmental scientist or medical professional, and therefore, cannot always be the spokesperson for highly technical and medical explanations nor answer questions that require in-depth technical knowledge. Questions of this nature must be addressed to those professionals and answered by these professionals. I have been trying to increase the direct communication from these agencies as well as putting forth new information as it is received. I know it is frustrating not to have definitive answers or wait for test findings. I want to assure you that all technical professionals involved are doing everything they can to expedite the process and communicate any new information as it is received.

I know this has been an emotionally hard situation and we all hope for the speedy recovery of our students. Please know we welcome your questions and suggestions, and take all under consideration. We will continue to communicate with you as soon as we have new information to share. 

Kim M. Cox
Superintendent of Schools

Village acquires former Wiss Hotel, will seek grant for demolition

By Howard B. Owens

The Village of Le Roy has acquired title to the former Wiss Hotel. The question now: What to do with it?

The village would like to find a buyer, according to Mayor George Brady, but with demolition costs reaching well into the six figures, the building probably needs to come down before any commercial developer will take a look at the parcel.

"The hotel is right at one of the major crossroads of the nation," Brady said. "Unfortunately, it was built before there were cars and it's filled with that miracle substance of the 1930s, asbestos."

The village will seek an emergency grant from the state or feds to help pay for the demolition, Brady said.

If a buyer comes along before then, the asking price is just a few hundred dollars for the county filing fee.

File photo

Law and Order: Walmart cashier accused of petit larceny, resisting arrest

By Howard B. Owens

Melissa C. Verton, 32, of South Main Street, Batavia, is charged with two counts of petit larceny and resisting arrest. Verton is accused of stealing $35 in cash and merchandise while employed at Walmart as a cashier. Verton is accused of verbally and physically resisting arrest.

Brandon Marshall Weig, 33, of Shady Lane, Batavia, is charged with criminal contempt, 2nd. Weig was arrested on a warrant for an alleged violation of an order of protection Nov. 13. Weig is accused of having contact with a protected person. Weig is accused of doing the same thing on Dec. 18.

Kahlil Nathaniel Johnson,19, of Ross Street, Batavia, is charged with criminal trespass. Johnson is accused of being at College Village after being banned from the property.

Dustin Stephen Williams, 24, of Simonds Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and speeding. Williams was stopped at 2:12 a.m. on Route 238, Darien, by Deputy Jason Saile.

Driver involved in head-on collision succombs to injuries

By Howard B. Owens

A driver involved in a head-on collision on Route 63, Bethany, on Jan. 20 died at 7 p.m., Tuesday, at Strong Memorial Hospital.

Gene L. Kelsey, 70, reportedly died as a result of injuries sustained in the crash.

According to a Sheriff's Office investigation, Kelsey failed to stop at a stop sign coming off of Fargo Road.

He was also allegedly driving drunk.

A passenger in Kelsey's truck, Michael Snyder, age unknown and no listed address, was also injured in the crash.

Possible injury accident on Ford Road, Elba

By Howard B. Owens

A car has reportedly hit a pole and a person is injured in the area of 5353 Ford Road, Elba.

Elba Fire Department and Mercy EMS dispatched.

UPDATE 10:42 a.m.: The occupant is complaining of neck and shoulder pain. Mercy Flight is on an in-air standby. The pole is broken off, but no wires are in the roadway.'

UPDATE 10:54 a.m.: Route 262 being closed at Transit and at Norton roads. A landing zone is being set up for Mercy Flight.

UPDATE 10:57 a.m.: Mercy Flight has landed.

UPDATE 11:17 a.m.: Mercy Flight in the air, in route to Strong.

UPDATE 11:31 a.m.: The portion of Route 262 that's closed will remain so until the pole can be cleared.


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Follow up: information from the EPA and DEC on situations in Le Roy

By Howard B. Owens

When we contacted the Environmental Projection Agency regarding the Lehigh Valley Train Derailment Site, the EPA issued the following statement:

The EPA is aware of the parents and community’s concerns and we are working closely with the school district and all of the involved state agencies to give them information related to the Lehigh Valley Derailment Superfund site about four miles from the school.

While EPA is gathering information about actions that took place at the Lehigh site before the site became a federal Superfund site, we do not believe pollution from either site has impacted the school. As we gather all of the facts, we will keep the community, our state partners and the school district up to date. In addition, there is another Superfund site about 10 miles east of the school that EPA also believes has no impact on the school.

Groundwater that is under the site of the Superfund cleanup is carefully monitored. It flows away from, rather than toward, the school.

It appears that the drums shown on various news stories are drums containing dirt and rock from when wells were dug to monitor groundwater at the site. Most of these drums have been tested and contain material that is not hazardous and we are gathering more information about the balance. As part of its ongoing cleanup, EPA is taking steps to get these drums removed from the site as soon as possible.

On Monday, at the site, I learned that the contractor cleaning up the site is Unicorn Management Consultants. The website lists a number of remediation projects managed by Unicorn, but not the Lehigh site. We contacted Unicorn to try and acquire similar information as published on the website for other projects and we were told all inquiries were being handled by the EPA and only the EPA.

The EPA's maintains a website for the Superfund project.

We sent a series of follow-up questions to the EPA and below is what an EPA spokesman returned.

First, I suggest you take a look at a fact sheet we updated just yesterday: http://www.epa.gov/Region2/superfund/npl/0203481c.pdf

Next, here's supplemental info:

Q: Drums (editor's note: part of the question was why are the barrels labeled "Hazardous Material" if they only contain dirt and rock that isn't hazardous.)

There are drums on the Lehigh Valley Derailment Superfund site. In terms of the drums, they contain dirt and rock from when wells were dug to monitor groundwater at the site both under NYS DEC's investigation and more recently under EPA's. As part of the ongoing cleanup, EPA is taking steps to get these drums sampled and removed from the site as soon as possible.

There is a contractor for the potentially responsible party. (PRP means the entity liable for paying for the cleanup of a Superfund Site.) A subcontractor is currently handling the drum consolidation and the transportation to a licensed facility under EPA oversight.

Q: Also, could you please explain how EPA continues to track the plume?

Quarterly monitoring is conducted of the network of groundwater monitoring wells. Soil sampling was conducted to delineate the extent of the contamination.

Q: Where is the groundwater plume headed?

Southeast.

Q: Also, could you please explain the process of how, and how often, the EPA tests the contaminated site?

The groundwater is monitored. Soil on-site was sampled to delineate the extent of the contamination. The remedial design estimates that 8,000 cubic yards of soil need to be addressed.

Q: Can you tell me how long those drums have been there -- and the date of the last time they were tested?

In terms of the drums, they contain dirt and rock from when wells were dug to monitor groundwater at the site both under NYS DEC's investigation and more recently under EPA's. As part of the ongoing cleanup, EPA is taking steps to get these drums sampled and removed from the site as soon as possible.

There are approximately 108 drums (from the 1990s, NYS DEC oversight) on the site that have the drill cuttings (rocks, soils) from these wells. There are approximately 142 drums (from 2010, EPA oversight) that have drill cuttings from these wells.

Superfund process:
http://www.epa.gov/superfund/cleanup/index.htm

While EPA is gathering information about actions that took place at the Lehigh site before the site became a federal Superfund site, we do not believe pollution from either site has impacted the school

We also contacted the NYS DEC, and received the following statement:

DEC has been monitoring the situation and staying in contact with NYSDOH and EPA. DEC plays a supporting role to these agencies as they have the primary jurisdiction. DOH is the agency that makes the determination if environmental testing is necessary and DEC would perform some of this testing. In addition, Lehigh Valley is an EPA Superfund site and DEC is in contact with EPA about the site.

I sent a series of follow up questions, and the spokeswoman said she referred the questions to the State Department of Health.

Neither the EPA nor the DEC have yet answered the question of when they were brought into the process by the school district.

A bit of history on the property: The property was acquired by the Buffalo and Geneva Railway Co. in 1890 and 1891 from John Maloney and Patrick Carney, which later merged with Lehigh Valley. Lehigh Valley went bankrupt in January 1970. The derailment was Dec. 6, 1970. Trustees assumed responsibility for the clean up. Trustees sold the property to the Northwoods Sportsman Club for $6,100 in 1979. The club acquired the rest of its property from a lady named Maloney in the 1950s (frankly, lost my note with the details).

The Le Roy High School property: Rumors and research

By Howard B. Owens

Three rumors regarding the Le Roy High School property on South Street Road have persisted since news became public of a group of girls developing tic symptoms late last year.

We've attempted to research these rumors and here's what we've been able to find out so far.

Rumor: The school was built on a swamp. Apparently false. Aerial maps going back to 1938 show the area of the school is flat and dry. By 1967 it more clearly looks like farmland. Even the swamp currently to the west of the school building doesn't appear on the map. By 1974, there is some sign of a drainage ditch going into the area of the present swamp/drainage pond. The area immediately southwest of the track becomes progressively wooded over the decades. The 1995 NAPP Infrared Map shows the area of the school building looking like farmland, with not much of a marsh, if any, to the west, and the wooded area south of the track is heavily wooded. The 2002 map (top photo) shows the school under construction.

Rumor: TCE-laced fill dirt was used under the school or under athletic fields. Probably false. School construction does not require local permitting, so local planning agencies have no documentation on the construction of the school  We have a request in with the NYS Department of Education for any information the state's construction records might retain on this topic. However, again, the aerial views going back to 1938 show a flat area and no sign that the area was a swamp, so why would fill even be needed? Also, the train wreck site shows no signs of massive amounts of material being removed from that site.

Rumor: The school district turned down an offer of free property for a new school and purchased the current property from the brother of a school board member. Mostly true. Below is a list of each parcel that makes up the school property. Local attorney E. Robert Fussell confirmed that he offered property he owned from Woodward Drive, behind the houses on South Street, going south. Fussell thought the school should be built in the village and this property would be in walking distance of the elementary school and district building. The board instead decided to buy land to the south of its athletic fields on South Street Road. Some of the land was owned by Emily B. Pangrazio and Donald M. Pangrazio Jr. Ron Pangrazio was president of the school board at the time (we couldn't find current contact information for Pangrazio).

Parcel 31.-1-110: North end of the school property which contains athletic fields, including the school's track and football stadium. The district acquired the property Aug. 20, 1952 from Edward and Jessie Spry. According to GIS maps, the first signs of athletic use appears in 1963, when a track and field oval appears. The oval is not on the 1954 aerial map.

Parcel 31.-1-101: This parcel is off Summit Street and has been referred to "the town park." The parking area is where the media staged last Saturday morning. It's actually school district property.  The district acquired the 27.5-acre parcel Sept. 30, 1982, from Jessie Eckler (formerly Spry).

Parcel 31.-1-99.12: This is the parcel with a baseball diamond immediately west of the school building. It is six acres. The land was acquired for $35,000 from Irene Walters on Nov. 1, 2000.

Parcel 31.-1.136: The actual school building sits on this 23-acre parcel. It was acquired for $108,000 from the Pangrazio family on Oct. 20, 2000.

Parcel 31.-1-36: This parcel is nearly nine acres and contains a maintenance building, part of the school parking lot and a retention pond. It's north of the school. The property was obtained from the Hansen family for $120,000 on Oct. 26, 2000.

Two-car crash, with injuries, in front of Batavia High School

By Billie Owens

A two-car accident with injuries is reported in front of Batavia High School, located at 260 State St. in the City of Batavia. City firefighters and Mercy EMS are responding.

UPDATE 3:01 p.m.: A second ambulance is responding to the scene.

UPDATE 3:15 p.m.: A 37-year-old female driver and her passenger are being transported to UMMC with complaints of neck and back pain.

UPDATE 3:23 p.m.: City fire is back in service.

Limo fire on West Main Street Road, Batavia

By Billie Owens

A limo is reported to be on fire at Mancuso Limosines, located at 3959 W. Main St. Road in the Town of Batavia. The limo is at the shop behind the residence. A responder on scene initially reported "nothing showing." But then a limo was found to be on fire inside a structure. "The occupant thinks he's got most of it." He's using a garden hose. Town of Batavia Fire Department is responding.

UPDATE 1:48 p.m.: The fire is out. Units are continuing to the scene is non-emergency mode and they are going to check "to be sure there is no extension (of the fire) in the vehicle."

UPDATE 1:54 p.m.: A thermal-imaging camera is called for.

UPDATE 2:35 p.m.: Town of Batavia Fire Department is back in service.

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AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 DISTINGUISHING FEATURES OF THE CLASS: Assignments in this Class require the exercise of specialized skills in tasks pertaining to the maintenance and repair of a wide variety of machinery and equipment used in public works activities, as well as to other vehicles owned or operated by the municipal employer. In smaller agencies, an Automotive Mechanic may exercise a degree of supervision over assistant mechanics or Equipment Operators performing minor maintenance and repair on equipment, with general supervision being received from a supervisor, superintendent, or other such official or designee. Does related work, as required. TYPICAL WORK ACTIVITIES: Repairs motorized and non-motorized equipment, such as trucks, tractors, mowers, graders, loaders, sweepers, rollers, compressors, and automobiles; Adjusts, repairs, and rebuilds gasoline and diesel engines; Repairs and replaces components of equipment, such as suspension systems, drive assemblies, brake systems, fuel systems, electrical systems, and cooling systems, and makes necessary adjustments to same; Carries out sanding, sandblasting, filling, painting, and related body-work tasks; Makes minor welding repairs; Operates drills, grinders, and other metal-working machines related to automotive repair functions; Performs preventative maintenance tasks which may include vehicle inspections; Attaches and removes snow plows, blades, and other attachments for motorized equipment; Maintains records of tasks performed, and other pertinent records; Requisitions parts and materials, to ensure adequate supply to maintain workflow; Acts as Equipment Operator, or wingman, as directed; May drive buses, cars, or trucks; May deliver fuel to job sites; Keeps shop area neat and clean. The above examples of duties are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITY AND/OR PERSONAL CHARACTERISTICS: Thorough knowledge of standard automotive repair and maintenance methods; thorough knowledge of automotive repair terminology and tools; working knowledge of welding techniques; ability to make difficult repairs to heavy automotive and other mechanical equipment; ability to work from plans and specifications, and to follow rough draft sketches and oral instructions; good motor and hand eye coordination; manual dexterity. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally required to reach with hands and arms. The employee constantly is required to stand; walk; and use hands to finger, handle, feel or operate objects, tools, or controls. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee is frequently exposed to wet and/or humid conditions. The employee is occasionally exposed to risk of electrical shock. The noise level in the work environment is usually moderate to loud. MINIMUM QUALIFICATIONS: One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENTS:  Some jurisdictions may require appointees to receive and maintain certification as a NYS Motor Vehicle Inspector, within six months of appointment. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: 1.     Possession and maintenance of appropriate valid license(s), as required. 2.     In school districts where incumbent may operate a school bus, possession of a valid appropriate level New York State Driver's License is required. 3.     Drivers must be at least 21 years of age. NOTE:  In addition, candidates must satisfy the requirements for School Bus Driver set forth in the Rules and Regulations of the New York State Commissioner of Education. Non-Competitive Class Civil Service Applications are due to Human Resources no later than October 18, 2024.
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