A serious injury accident is reported in the city at Redfield Parkway and West Main Street. One person is said to have a punctured lung. Batavia Fire Department and Mercy medics are responding.

UPDATE 10:04 a.m.: A 65-year-old male who was driving a green gray pickup truck is being transported to UMMC complaining of pain on his left side. Another patient is being taken to Strong Memorial Hospital.

(Truck had been moved to this location by the time I arrived at the scene.)

Jolene Janelle Goodell, 32, of Attica Road, Attica, is charged with assault, 3rd, criminal contempt, 2nd, and endangering the welfare of a child. Goodell was picked up in the City of Batavia on a warrant out of Town of Alexander Court on the listed charges. Goodell was jailed on $2,500 bail.

William Delose Hirsch, 25, of Buckman Road, Bethany, is charged with unlawful imprisonment, 2nd. Hirsch was taken into custody by County Probation on an arrest warrant out of city court.

Batavia's rail system sits on beds that are more than 150 years old, but remain relevent and essential in 2012 to local business.

To help ensure the more than one dozen Batavia businesses that regularly use  the line -- now operated by Genesee Valley Transportation -- can continue to depend on the rail system to bring in materials for manufacturing, the state and feds have ponied up nearly $500,000 in grants to make critical repairs.

This week crews are replacing the ties under the steel rails on portions of the entire three miles of the track.

"There's a lot to be said for the work going on out here because if you take the weak spots and strengthen them, that strengthens the whole line," said Director of Operations Doug Eisele. "What’s that have to do with the customer? A whole lot because (if) you derail somewhere, the customer is not getting his product until you get it cleaned up."

Throughout New York, according to Syracuse.com, short line rail is experiencing a resurgance in business, but refurbishing antique tracks is an expensive process primarily because the heavy equipment for the jobs is too costly for small lines to even think about buying for infrequent work.

That means contractors -- driving up costs -- are necessary, and that means without the grants, lines so essential to local business would continue to decline to the point of being impossible to use.

Typically, the tracks have been deteriorating for years because owners who were responsible for the lines before they were acquired by short lines (and this was the case in Batavia, according to Eisele) neglected routine maintenance.

According to the American Short Line & Regional Railroad Association, the number of short line companies in the U.S. has increased from 200 in 1980 to more than 500 today as national carriers have decided to sell of regional routes.

Eisele said rail makes a lot of sense for manufacturing businesses because it's so much more cost effective than trucking.

"Trucking is available to get there quick, but on top of that is the extra expense, whereas rail can undercut those rates and still provide reasonable service," Eisele said. "That’s really what the customers are looking for."

According to the Syracuse.com article, rail can ship "three to four trucks worth of goods 300 miles on a gallon of diesel."

The Short Line association reported in 2009 that "Short line railroads take the equivalent of nearly 33 million truck loads off the highways, saving the country over $1.4 billion annually in highway repair costs and improving highway safety and congestion."

GVT operates six lines with 300 miles of track in Orleans and Erie counties as well as Utica and the North counties along with one line in Pennsylvania.

The company is based in Batavia and employs locally -- including rail operations and company administration -- 22 people.

Steve Hyde, CEO of the Genesee County Economic Development Center, said GVT is definitely an economic development asset for Batavia.

In discussion with companies looking at Batavia as a location for manufacturing, the availability of rail is a common topic of discussion.

"Having a short line rail system that is well established and well respected and does a really good job like Genesee Valley Transportation is another major asset that helps our strategic development efforts," Hyde said.

While none of the current tenants of the new Genesee Valley Agri-Business Park has yet requested rail, Muller/Pepsi and Alpina have expressed an interest in rail, Hyde said, and future tenants might have a strong need for rail.

The GVT line runs right up to the property line of the ag park and the state has earmarked $1 million in grants to extend the line if the need arises.

The local short line connects into CSX tracks and typically, rail cars are picked up and dropped off at operations connecting the two lines.

For businesses such as Chapin, Graham, Genesee Lumber and Eddy Arnold Recycling, the GVT line is pretty much a direct part of their businesses, but for many other local companies, GVT's recently constructed transfer center at Evans and Mill streets offers a cost-effective way to send and receive large shipments via rail.

The 22,000-square-foot warehouse can help any business throughout Western New York not directly connected with a rail line eliminate hundreds of miles of highway shipping for the more cost-effective alternative of rail.

The ease of access for local rail is also the best bet for turning old factory space in the heart of Batavia into thriving business ventures again, according to both Eisele and Hyde.

"We have buildings here that have been vacant for years," Eisele said. "If a new customer can come in and get a business in shape, if we have the track there that hasn't been used in years, we would come in and find ways to get that track back into shape so the could get their business going. The whole idea is to bring business back into the county and that's what we do."

Hyde said GCEDC is available to help revitalize that aging industrial infrastructure.

"Having an active rail line near some of those older industrial sites to help those things redevelop over time is good and we would certainly be happy to be part of the team," Hyde said.

Press release:

For the third year in a row Genesee County has been recognized in the top five of the rankings in the Metro Food Processing Industry Growth category by "Business Facilities" a national site selection publication.

The agriculture industry in Genesee County employs more than 1,500 workers, a number that will dramatically increase with the opening of Alpina Foods, LLC, and PepsiCo/Muller yogurt manufacturing facilities.

“The construction of two major new food processing facilities by Alpina and the joint venture between PepsiCo and Theo Müller demonstrates a significant return on our investment in our Agri-Business Park which we believe is driving our high national ranking,” said Steve Hyde, president and CEO of Genesee County Economic Development Center (GCEDC). “We are honored to be once again recognized by 'Business Facilities' as it keeps us on the radar screen for site selectors throughout the United States and the world.”

The Genesee Valley Agri-Business Park encompasses 202 shovel-ready, pre-permitted acres strategically located between Western New York and the Finger Lakes Region. On site there is access to low-cost process water via a local aquifer that produces more than six million gallons per day and a pretreatment facility as well as rail access.

Through the support of National Grid and National Fuel, the site has an enhanced utility infrastructure. The agri-park was originally a public-private partnership between GCEDC and Farm Credit East.

“The Agri-Business Park in Genesee County is perfectly tailored to fill a niche in our region created by our productive agricultural sector,” said Mary Pat Hancock, chair, Genesee County Legislature. “It makes perfect sense to have those who process food to have their facilities as near as possible to where the food is produced.

"It makes for a better, safer, and tastier product and is also more efficient.  Our resources lend themselves to food processing and our location is ideal for quick market access. We look forward to continued success and expansion.”

Alpina Foods LLC, one of the most recognized dairy companies in the world and a leading dairy producing company in Colombia and South America, has decided to open its first specialty yogurt manufacturing plant in the United States at the Genesee Valley Agri-Business Park.

PepsiCo, in a joint venture with German dairy company Theo Müller, also broke ground earlier this year on a $206 million yogurt manufacturing facility at the park. Other food processing facilities in Genesee County include O-AT-KA Milk, Yancey’s Fancy and Allan’s Canning. 

“The significant dairy supply, abundance of fresh water, and talented workforce are just some of the assets that attract food manufacturers such as PepsiCo, Theo Müller and Alpina foods to Western New York,” said Mark S. Peterson, president and CEO of Greater Rochester Enterprise. “It’s no wonder that more than 100 food manufacturers have operations here.”

“Genesee County’s strategic location and agricultural assets make it a prime location destination for the food processing industry,” said Thomas A. Kucharski, president and CEO of Buffalo Niagara Enterprise.

“The vision Genesee County officials have shown in developing shovel-ready sites like the Genesee Valley Agri-Business Park has distinguished them among peer communities and allowed us to succeed in attracting global investment and job creation like Alpina, Mueller and more."

For any residents looking to donate money to help Paul Konieczny save his multi-generational house on Harvester Avenue, which was badly damaged by recent storms, a donation page has been set up with a Web site that helps enable such efforts.

The page is located at "Paul's House" on Indiegogo.com.

The page was set up by Amy D'Amico.

To learn more about Indiegogo.com, click here.

An accident involving a tractor-trailer and a car, unknown injuries, is reported at routes 20 and 63. Pavilion Fire Department and Mercy medics are responding. It is blocking traffic. State Troopers are also responding. Mercy Flight's availability is being checked.

UPDATE 7:12 p.m.: The semi is jackknifed. Mercy Flight 6 out of Batavia is available if needed. Two more ambulances are requested.

UPDATE 7:20 p.m.: Mercy Flight will not be needed. "Be advised the tractor-trailer is carrying potted flowers," says a responder.

UPDATE 7:37 p.m.: The trucker is from Ontario, Canada. Thus far, one person is being transported to Strong Memorial Hospital in Rochester.

UPDATE 7:40 p.m.: A second patient is transported to Strong.

UPDATE: Photos submitted by Doug Yeomans.

Local officials welcome new NYS Health Department regulations cracking down on the sale and possession of synthetic drugs, but also say the new rules are no substitute for aggressive legislation from Albany.

Gov. Andrew Cuomo made three stops across the state today to announce new rules against drugs he deemed more dangerous than crack cocaine or methamphetamines or heroin.

“It is a new face on a very old enemy. It’s an enemy that we fought decade after decade. The enemy is drugs, and it’s an ongoing battle. When you beat one manifestation of the drugs, it comes back in another form, sometimes more virulent.

But whether it’s crack cocaine or methamphetamines or heroin back in the old days, this is just the newest explosion of that old enemy. And in some ways it’s more dangerous and it’s more insidious, because this wasn’t sold in a back alley. This wasn’t sold on a street corner. This isn’t sold in the shadows. This is sold in broad daylight, over the counter in stores all across this state and across this nation.”

Unlike a previous health department ban on synthetic cannabinoids, which allowed only for civil penalties, the new emergency regulations give local police officers the power to arrest people found in possession of banned substances.

If convicted, a person caught selling or possessing one of the banned substances could be fined $500 or serve 15 days in jail, and while the new regulation (PDF) allows for multiple penalties for a shop owner caught with several packages of drugs, District Attorney Lawrence Friedman said he's concerned the new rules won't have the desired effect.

"When you consider the harm that we know is caused by these substances, I would like to see more teeth in the law," Friedman said.

When The 420 Emporium stores, along with the residence of the owner(s), were raided by the DEA on July 25, agents recovered more than $700,000 in cash.

Friedman said thinks the penalties need to be harsher than just a $500 fine, even if the fine and jail time can be strung together.

Sheriff Gary Maha expressed some of the same reservations.

Maha urged the Legislature to pass a bill that would make the sale or possession of synthetic compounds a violation of the law under the state's penal code, rather than just a violation of the public health law.

"This appears to be a 'Band-Aid' approach until the legislature enacts such legislation," Maha said. "It helps, but is not enough."

The new regulation bans a dozen specific compounds associated with the type of synthetic drug commonly known as "bath salts." 

While the state has already listed some "bath salt" compounds as controlled substances, the state doesn't have a comprehensive "analog" law (a law that bans substances that are the same or similar to already illegal controlled substances).

The new regulation does specifically cover analogs of banned substances. It also covers a wider variety of the more than 450 known synthetic cannabinoids.

While the regulation specifically states employees of stores selling such products can be prosecuted, the store owners (anybody with an ownership interest in the store) are also held to criminal liability even if not present at the time of sale.

Besides the fine and jail time, a store owner could lose his business.

Batavia PD Chief Shawn Heubusch wasn't available for comment today, but City Manager Jason Molino said the health department's new regulations were a topic on conversation today in a meeting between city staff and the county health department.

Molino said that while the new law seems to lack teeth, it is a step in the right direction.

He also pointed out that tonight is National Night Out and several neighborhoods in the city are actively participating, including the neighborhood around Pringle Park, which organized its own event this year.

"When neighborhoods get together, that is your more powerful enforcement tool," Molino said.

Inset photo: File photo.

A two-vehicle accident is reported at routes 98 and 262. One vehicle is blocking the intersection. The other has struck The Mill Co-op Gifts & Antiques or a building by that location and there's "a lot of structural damage as a result." The vehicle that struck it is a 10-wheel box truck and the driver is not injured, but is trapped inside. Elba Fire Department and Mercy medics are responding along with law enforcement.

UPDATE 1:43 p.m.: A unit from Oakfield is asked to stand by in its quarters. A code enforcement officer is requested to the scene.

UPDATE 1:45 p.m.: The truck has a possible fuel leak.

UPDATE 2 p.m.: National Grid is called to the scene.

UPDATE 2:38 p.m.: According to Deputy Jon Szumigala at the scene, the box truck swerved to avoid a sedan which had turned in front of him. As a result, the truck hit a storage building owned by The Mill. The trucker got lucky. His vehicle was struck by large pieces of wood and beams in the crash and although no beam pierced the cab, one went through his trailer like a spear, about a foot above his head. The 60-year-old had to be extricated by firefighters and was taken to UMMC with no complaints of pain. The sedan is totaled and the front end is completely mangled, the driver unhurt. "The building appears to be weakened tremendously," Szumigala said, adding that they can't remove the vehicle until code enforcement says it's OK to do so. The roadway is reopened.

The first day of classes for the fall semester is August 27, 2012 — just three-weeks away — but there is still time to enroll at Genesee Community College to launch or boost a career in any one of 67 different degree and certificate programs. Scholarships and grants are still available for students who qualify, and the admissions staff can help with the application process.

GCC offers a wide range of flexible class options to fit an individual’s time, interests and location. Students can attend classes full-time, part-time, online or on Sunday. Visit online to check out all the options.

• Albion – 456 West Ave. (585) 589-4936 
• Arcade – 25 Edward St. (585) 492-5265 
• Batavia – One College Rd. (585) 343-0055 
• Dansville – 31 Clara Barton St. (585) 335-7820 
• Lima – 7285 Gale Rd (585) 582-1226 
• Medina – 11470 Maple Ridge Rd. (585) 798-9765 
• Warsaw – 115 Linwood Ave. (585) 786-3010

A man is attempting to bust down the front door of a woman's house at 13 Hutchins St. in the City of Batavia. Police are responding.

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It's national Famers Market Week and to help commerate the event, Rep. Kathy Hochul stopped by the Genesee County Farmers Market in the Batavia Downs parking lot this morning.

Above, Hochul buys flowers from Kathryn Schneider, as mother Dana looks on. Dana Schneider is owner of Stonehouse Acres. Hochul told Kathryn that she worked in her mother's flower shop as a child as did her daughter. "See, you can learn a lot selling flowers," Hochul told Kathryn.

Below, Hochul is greeted by another constitutent and a couple of pictures of flowers and corn for sale today at the market.

Todd Allan Betts, 35, of Transit Road, Elba, is charged with reckless endangerment, 1st, endangering the welfare of a child, menacing, 2nd, criminal obstruction of breathing and harassment, 2nd. Betts was charged following the report of a domestic incident. Betts allegedly grabbed a woman by the throat and threw her to the ground. He allegedly pointed a shotgun in the direction of the woman and a child. Betts was jailed on $2,500 bail.

Tametha A. Wentland, 40, of Harlow Road, Darien, is charged with harassment, 2nd. Wentland is accused of physically contacting a victim. The incident was reported at 11:59 p.m., Saturday. Wentland was arrested by State Police.

Levi Winnie, 26, of 590 Council House Road, Basom, is charged with criminal mischief, 4th. The alleged incident was reported at 4:15 a.m., Saturday. Winnie was arrested by State Police on the Tonawanda Indian Reservation. No further details were released.

Friends and family have come through for Paul Konieczny, at least when it comes to the work of repairing the shattered foundation on his home at 144 Harvester Ave., Batavia, which collapsed in a storm July 31.

The work is getting done thanks to the volunteer effort of long-time friends, Konieczny teen-age children and other family members, but Konieczny said he still might not have enough money to meet all of the financial needs that go with making the repairs.

The materials for the new foundation alone costs more than $1,000.

"We're just day-by-day," said Konieczny.

And day-by-day met a bit of a set back yesterday when nearly an inch of rainfall in an hour caused more of the damaged foundation to collapse.

Don Johnson, a friend of Konieczny for 30 years, and a contractor, is working as fast as he can during his off hours to get the new foundation wall in place, knowing that any more rain before the work is done could mean more damage.

"He's willing to fight because he knows I don't want to leave," said Konieczny, who previously said he isn't going to leave the house that's been in his family for 130 years.

Johnson (top photo) said is effort is "just what friends do." He said, "We help as best we can at the things we can do."

Konieczny said he would welcome any financial assistance anybody might be able to provide.

"I'm grasping for hope," Konieczny said. "I pray to God we can get this done."

Bottom photos: Ron Gibble, another long-time friend of Konieczny's, pitches in with the help of Konieczny's son Andy. Daughter Kayla was also helping today. Gibble said he will do the plumbing work once the project gets to that point. The very bottom photo, one of Paul's sunflowers. Kayla said they used to have a neighbor who grew sunflowers and the neighbor and Paul would compete every year over who could grow the tallest sunflower.

A suspect in a series of burglaries in Le Roy and Batavia who was taken into custody during an alleged break-in a week ago has been charged with one count of burglary.

Russell P. Cessna, 24, of 18 Pleasant St., Le Roy, was arrested after being allegedly caught in the act on Summit Street, Batavia.

Investigators say Cessna made forcible entry into the residence and stole jewelry, cash and coins.

Following a series of similar burglaries in Le Roy, Batavia and other parts of Genesee County, the Le Roy PD, Batavia PD and Sheriff's Office cooperated on an investigation and set up a surveillance detail, which led to Cessna's arrest.

Cessna was taken into custody and held in jail on a warrant for alleged violation of parole.

Additional burglary charges are pending. He will be arraigned in Batavia City Court at 1 p.m., Tuesday.

An 88-year-old Le Roy resident, Marie Costa, died this morning in a single-car  accident in the Village of Le Roy.

Costa's vehicle reportedly jumped the curb in front of McDonald's Restaurant and traveled along the south sidewalk of Main Street and collided with the former Pontillo's Restaurant building.

The accident was reported at 7:46 a.m.

Investigators have yet to determine the cause of the accident and Costa's death.

Le Roy fire, Le Roy ambulance, Le Roy DPW and the Sheriff's Office Crash Management Team assisted Le Roy PD at the scene.

Photo: Reader submitted photo.

Wortyndyke Road in the Town of Batavia is closed temporarily for repaving. There are barricades up at routes 33 and 5. No vehicles, including emergency vehicles, will be allowed.

A serious injury accident is reported at 67 49 Main St. in the Village of Le Roy. A car reportedly struck a pole and the front of the McDonald's restaurant a building. The vehicle is smoking. Le Roy fire and ambulance are responding.

UPDATE 7:51 a.m.: A Le Roy police officer on scene says the driver is an elderly female who is not trapped in the vehicle, but needs help to be extricated.

UPDATE 7:54 a.m.: There is structural damage to the building and a code enforcement officer is called to the scene. (The car struck the former Pontillo's building at 49 Main St.)

UPDATE 7:59 a.m.: An officer inquires about the availability of a member of law enforcement's Crash Management Team to respond.

UPDATE 8:04 a.m.: "We've exhausted all our resources in contacting code enforcement and the building owner," says a dispatcher, but they are continuing to try and make contact. A code officer from Stafford is en route instead.

UPDATE 8:10 a.m.: "We are forcing entry into the building and making sure everything is shut off. Le Roy PD has been advised," says the fire chief on scene. The driver is being transported to UMMC.

UPDATE 10:33 a.m.: We confirmed with dispatch the building struck was the former Pontillo's location.

Brad C. Doward, of 10 Hall St., Batavia, is charged with criminal contempt in the first degree, endangering the welfare of a child, and harassment, 2nd. The 22-year-old was involved in a domestic incident Aug. 3 on Prune Street wherein he allegedly pushed a female acquaintance in the presence of a 10-year-old child. There's an order of protection in place directing the defendant to refrain himself from harassment against this female. He turned himself into the Batavia PD on Aug. 5, was arraigned and put in jail without bail pending his court appearance today at 1:30 p.m. The investigating officers were Frank Klimjack and Jason Ivison.