Leaders of Western Regional Off-track Betting Corp. are lining up support to turn Batavia Downs into a full-service casino and they took their case to the Genesee County Legislature on Wednesday.

In a meeting with the Ways and Means Committee, three representatives of Batavia Downs told the committee that getting Genesee County's support for the plan is crucial to lining up support from the other 15 counties that co-own Western Regional OTB.

"You're the key," said Mike Nolan, VP of administration for Western Regional OTB and Batavia Downs. "You're the host county and the place where we live. You gain the most to benefit from what happens at Batavia Downs. We're hoping you can be the leader so we can go to the other municipalities and say we have your support."

The committee unanimously approved a resolution supporting Batavia Downs becoming one of the nine racing facilities in New York to offer table games along with slot machines.

Legislator Mary Pat Hancock said she isn't fully supportive of Gov. Andrew Cuomo's push to legalize casino gambling across the board in New York, but she could support this resolution because it limits gaming to just the existing racing and video-terminal facilities (often called "racinos").

The earliest Batavia Downs could offer table games -- such as blackjack and poker -- would be January 2014.

For that to happen, the current State Legislature and the next one seated must approve a constitutional amendment to legalize casinos, and then the amendment would be voted on in a statewide referendum.

During the process, state lawmakers would need to also pass enabling legislation that would government how the casinos are run.

If all of that could happen by November 2013, then Batavia Downs could start offering new games and begin construction expanding the existing facilities -- creating 1,000 construction jobs and leading to more than 400 new full-time jobs at the casino.

Nolan (top photo), who met with the committee along with Mike Kane, president and CEO, and OTB Board Member Richard Siebert, said there is still opposition from Senecas, but that is an issue for the governor's office to deal with. In the meantime, Batavia Downs needs to line up its own support and make its own plans in the hope that casino gambling is approved in New York.

It's apparently getting easier for drunken drivers to avoid DWI checkpoints so the governor's office is funding an experimental program for "enhanced" checkpoints.

Genesee County has been selected, along with Erie and Westchester, as one of three counties statewide to test the program, according to Assistant County Manager Frank Ciaccia.

The Ways and Means Committee voted Wednesday to approve acceptance of a state grant of $21,755 to fund the operation of six enhanced roadblocks.

Unlike most grants, where the state sets the amount of money it will make available, local officials were able to determine a budget for the program and tell the state how much it needed.

The enhanced checkpoints will be multi-agency efforts, involving the Sheriff's Office, State Police, Batavia Police Department and the Le Roy Police Department.

At each of the six checkpoints, the lead agency will set up and run the roadblock while patrols from other participating agencies will prowl the streets around the checkpoint looking for drivers who are seemingly trying to avoid getting stopped.

Ciaccia said drivers have learned to look ahead for checkpoints, see the lights, and make a turn to avoid them, but there are also apps available now that people can download to their smartphones that will give them advance warning of checkpoints.

For Android phones, there are at least a half-dozen such apps available and Google has reportedly refused to block their distribution.

In June, Apple announced it would ban such apps for the iPhone, but an app called DUI Dodger is currently available for $2.99 in Apple's App Store.

Legislator Ray Cianfrini, an attorney, expressed concern that the enhanced checkpoint program may run into legal issues because, for example, not everybody making a left-hand turn is doing so to avoid a checkpoint.

"Anybody who doesn't go through a roadblock is now suspicious?" Cianfrini said. "Innocent people who have nothing to hide are going to get dragged into the whole thing and I'm not comfortable with the concept."

No dates were announced for the checkpoints.

The Sheriff's Office will act as lead agency on four checkpoints, and Batavia and Le Roy will each conduct one.

Out and about in Le Roy this afternoon taking photos for a story I hope to write tomorrow, I came across this scene on Black Street Road.

Le Roy Fire Department and Ambulance Service is dispatched to 8404 E. Main Road, Le Roy, for a report of a natural gas leak in the residence.

Reportedly, the stove was left on all day.

UPDATE 7:40 p.m.: All residents out of the building. Only one truck responding, per the chief. Le Roy ambulance is tied up on another call. The chief doesn't require another ambulance to respond.

UPDATE 7:47 p.m.: Le Roy fire back in service.

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City Fire Department is responding to Dollar General at 577 East Main St., Batavia, for the report of the smell of electrical burning inside the store.

UPDATE 7:07 p.m.: City fire clearing the scene and responding to a medical call. Power has been shut off and maintenance called in.

Press release:

Assemblyman Steve Hawley (R, I, C – Batavia) is encouraging the heroic returning soldiers of Western New York to take advantage of Governor Cuomo’s recently enacted “Experience Counts” program. The initiative will remove bureaucratic roadblocks from veterans looking to obtain a Commercial Driver’s License if they drove similar vehicles while defending our freedom.

Hawley, who served as a 1st Lieutenant in the Army Reserves as well as with the National Guard, is a member of the Assembly Committee on Veterans Affairs, and hopes that this measure will mark the beginning of many positive developments for veterans during the 2012 Legislative Session.

“Our service men and women put their lives on the line to defend our freedom, and the least we can do is make their transition back into civilian life as smooth and prosperous as possible,” Hawley said. “I commend the governor for advancing the ‘Experience Counts’ initiative so we can honor our veterans while helping them gain employment, and I offer my full assistance to local veterans looking to take part.”

The waiver is now available for up to 90 days after discharge, or for active duty military and active duty New York National Guard members that currently hold a valid driver's license. Applicants must be regularly employed, or have been regularly employed, within the last 90 days in a military position requiring operation of a commercial motor vehicle, and also have operated a vehicle that is similar to a civilian commercial vehicle for at least two years immediately preceding discharge from the military.

Applicants must fill out a "CDL Certification for Military Waiver of Skills Test" form (CDL-102), which is available at any DMV office, or online at http://www.dmv.ny.gov/forms/cdl102.pdf. Applicants must still pass a written test and pay the written test fee, but the $40 road test fee will also be waived by completing the certification.

For more information, please contact Assemblyman Steve Hawley at 121 N. Main St., Suite 100, Albion, NY 14411, by phone at (585) 589-5780, or by email at:  hawleys@assembly.state.ny.us.

Contestants are sought for the Miss Greater Rochester Scholarship Pageant. This is a preliminary competition to the Miss New York and Miss America Scholarship Pageants.

The Miss America Organization is one of the nation's leading achievement programs and the world's largest provider of scholarship assistance for young women. Last year, the Miss America Organization and its state and local organizations made available more than $45 million in cash and scholarship assistance.

The Miss Greater Rochester pageant will take place at 3 p.m. on Sunday April 1 at the Roberts Wesleyan College Cultural Life Center. It is located at 2301 Westside Drive in Rochester. Contestants must arrive by 9 a.m.

The components of the competition include:

• Nine-minute interview
• "Lifestyle in swimsuit"
• Talent presentation (1 minute 30 seconds or less)
• Evening Wear
• On stage question
• "Adoption of the personal platform"

Eligibility requirements:

• Must be a U.S. citizen
• At least 17 years old at the time of local pageant (April 1)
• No more than 24 years old on Dec. 31, 2012
• High-school graduate or successful completion of GED test by July 1
• Female, never married and never had children
• Legal resident of New York at least six months prior to local pageant
• Meet geographic eligibility for local pageant (at least one criterion must apply): (1) RESIDENCY -- Resided in Western New York or Finger Lakes Region for a minimum of six months prior to entering the local preliminary pageant. Proof will be a New York driver's license, auto registration, current lease, student ID card or any other official document establishing residency; (2) SCHOOL ATTENDANCE -- Completed at least one full-time semester at a high school, community college or a four-year college/university within the state of New York and must be currently enrolled as a full-time student located within Western New York or the Finger Lakes Region or in accordance with the Miss New York nearest four-year-college rule. Proof will be evidence of registration, transcripts or other official documentation from the appropriate educational institution; (3) EMPLOYMENT -- Have been a full-time employee of a firm located within the local pageant franchise area for a minimum of six months prior to entering the local pageant. Must also be currently employed by a firm in Western New York or the Finger Lakes Region. Proof will be a letter from the contestant's employer.
• Must maintain the basis for eligibility throughout the local and state competition.

DEADLINE TO APPLY IS MARCH 7.

For more information about the pageant, please visit this website:  www.msgreaterrochester.com

You can also send email to:   mgrpageant@gmail.com

Phone is (585) 746-1631.

A fully involved barn fire is reported at 5816 Torrey Road in the Town of Bethany. Bethany and Stafford fire departments are responding.

The location is between Clipnock and Little Canada roads.

UPDATE 12:10 p.m.: Attica, Alexander, South Byron are also called in, along with all equipment from Pavilion Fire Department. National Grid is called to the scene.

UPDATE 12:13 p.m.: York Fire Department is put on standby.

UPDATE 12:27 p.m.: The fill-in from York is cancelled. All units headed to the scene are told to come in non-emergency mode.

UPDATE 12:42 p.m.: The structure is actually a work shed. The homeowner was welding inside the shed when it caught fire.

UPDATE 1:08 p.m.: The fire is out.

Press release:

State Senator Michael H. Ranzenhofer has introduced legislation in the New York State Senate to reinstate the STAR rebate check program for senior citizens. Senate Bill No. S6286 would provide seniors, who qualify for the Senior STAR exemption, with a rebate check.

“Property taxes are a serious burden for seniors, making it more difficult for them to afford the increased costs of staying in their homes. That is why I have proposed a bill in the State Senate to reinstate the STAR rebate check program and restore property tax relief to senior homeowners,” Senator Ranzenhofer said.

Senator Ranzenhofer also has authored legislation, Senate Bill No. S4338, to reinstate the Middle Class STAR rebate check program.  Restoring the program for homeowners would provide $141.5 million in tax relief for Western New Yorkers.

“One of the reasons why I opposed the 2009-10 State Budget was because it eliminated the STAR rebate check program. The 2009-10 State Budget also failed to offer homeowners a rain check to make up for the loss in tax relief. As a result, the average New York household has had to pay an additional $900 in property taxes each year since that time.  Passing this legislation is a start to return the tax relief which was taken away,” Ranzenhofer said.

Initiated in 2006, the STAR rebate check program was eliminated in the 2009-10 State Budget. Senator Ranzenhofer, along with many of his colleagues in the State Senate, lead the fight by starting a petition drive to restore the program shortly thereafter. The discontinuation of the program cost the average New York household $900 per year.

Lee Uzarowski, 44, of South Lake Road, Pembroke, is charged with criminal mischief, 4th, and harassment, 2nd. Uzarowski is accused of punching a woman in the face and taking her mobile phone when she attempted to call 9-1-1. He was jailed on $1,000 bail.

Sean Allen Kota, 18, of Byron Holley Road, Byron, and a 17-year-old of Warboys Road, Bryon, are charged with petit larceny. Kota and his companion are accused of stealing beer from the Bergen Sugar Creek Store. From a separate incident, Kota is also charged with criminal mischief, 4th. At 2:47 a.m., Jan. 28, Kota allegedly drove his vehicle through a yard on West Bergen Road causing damage.

WHAM13: More Environmental Tests for Le Roy High School

A car-into-pole accident is reported at 147 Bank St. in the City of Batavia. Unknown injuries. City firefighters and Mercy medics are responding. The location is between North and Washington avenues.

The Sheriff's Office is on the verge of obtaining four new police vehicles, three patrol cruisers and an SUV, at a cost of $92,000 $88,605.

The vehicles will replace four aging ones that have all logged from 110,000 to 132,000 miles.

The Public Service Committee approved the planned purchase today.

The three specially constructed Ford sedans and a Chevrolet SUV will be built in Australia and won't be ready for three months. (CLARIFICATION: Only the Chevy is being built in Australia.)

The sedans are being purchased through Delacy Ford in Elma at a cost of $60,655, which includes a trade-in allowance of $23,000.

The trade-in agreement is based on the vehicles' current mileage, even though the vehicles will be in service for at least three more months, adding on more miles.

Delacy apparently didn't have an SUV that met Sheriff's Office specifications, so that vehicle will be purchased for $27,950 from Hoselton Chevrolet.

Local dealerships were invited to bid, but none submitted bids, according to Sheriff Gary Maha.

"I'm happy to see they're at least being purchased in New York," said Legislator Esther Leadly. "It used to be they came from New Jersey."

The purchase price is $3,395 under budget.

The amount of carcinogenic agent reportedly found in a water sample from a private well in Le Roy is at a concentration level below legal limits, according to the state Department of Environmental Conservation.

The agency also plans to seek its own sample from the well, but it's unclear if the DEC will investigate further, such as trying to determine the source of the possible containment.

The chemical is known as MTBE (methyl tert-butyl ether). It has been used as an additive in gasoline and diesel fuel, but was outlawed for such use in New York in 2004.

Bob Bowcock -- a researcher from California who took water samples in Le Roy more than two weeks ago at the behest of environmentalist / lawyer Erin Brockovich -- said Friday that the chemical turned up in a sample from a private well at a residential property.

According to Bowcock, MTBE could be part of any hydrofracking fluid (there are various mixtures) that uses gasoline or diesel fuel.

Fracking was used to open the natural gas wells on the property of the Le Roy Central School District and there are reports that at least one of the wells suffered a leak or spill of fracking fluid.

DEC spokeswoman Emily DeSantis said DEC staff conferred with Bowcock today and concluded that the sample taken by Bowcock had six micrograms per litre, which is below the state's limit of 10 micrograms per litre.

It's also below the federal Environmental Protection Agency's drinking water advisory for MTBE, which is 20 to 40 micrograms per liter, she said.

DeSantis offered no opinion from the DEC on how the MTBE got into the well, which is according to Bowcock, a little less than a mile from the southeastern-most natural gas well on Le Roy school district property.

Yesterday, the DEC -- through spokeswoman DeSantis -- expressed little interest in Bowcock's reported finding. DeSantis maintained that MTBE is not used in fracking fluid and the DEC had no reason to believe the company that fracked the Le Roy school wells used MTBE as part of its mixture.

After being pressed for more information, DeSantis arranged for Bowcock to speak with DEC staff. It was only after further email exchanges with The Batavian that DeSantis confirmed the DEC would conduct its own testing.

Since 2008, companies engaged in fracking gas wells are required to disclose the chemicals used in the process, DeSantis said.

"While the most recently drilled wells on the LeRoy CSD property were permitted prior to this requirement, the well driller informed us of the chemicals used to fracture the wells and MTBE was not used," DeSantis said. "Again, MTBE is not used in hydraulic fracturing."

When told of DeSantis's statement, Bowcock said he was flabbergasted by her response. He said prior to even coming to Le Roy, he had had conversations with DEC staff on other matters about MTBE being in fracking fluid.

While there are numerous environmental websites that say MTBE is contained in fracking fluid, it's harder to locate a neutral source online, even the EPA.

Bowcock supplied an EPA document that said a Bureau of Land Management report confirmed MTBE in fracking fluid, but the same paragraph in the same document says the EPA has not confirmed the use of MTBE in fracking.

Quote:

EPA also obtained two environmental impact statements that were prepared by the Bureau of Land Management (BLM). In these impact statements, BLM identified additional chemical compounds that may be in fracturing fluids including methyl tert butyl ether (MTBE) (U.S. Department of the Interior, CO State BLM, 1998). However, EPA was unable to find any indications in the literature, on MSDSs, or in interviews with service companies that MTBE is used in fracturing fluids to stimulate coal-bed methane wells.

The MTBE issue isn't his main focus, Bowcock said, but resolving the issue for property owners is important to him. Further testing could make the case for the homes to be put on public water -- possibly at the expense of the energy companies (paid for, possibly, as part of a prior environmental settlement).

A third suspect accused of stealing the wallet in September of a United Memorial Medical Center employee is in custody, the Batavia Police Department announced today.

Held without bail is Keith S. Carter, 29, of 5 Stuntz St., Rochester.

Previously arrested were Brianne K. Alston, 18, and Kiara K. Asante, 21, both of 478 Tremont St., Rochester.

The trio is accused of coming to Batavia Sept. 11, entering UMMC and taking a wallet from the purse of a UMMC employee and then trying to use a credit card they found inside at local stories.

Carter was already being held in the Monroe County Jail.

The three Rochester residents are suspected of perpetrating similar heists in other hospitals.

All three are charged with forgery, 2nd, criminal possesion of stolen property, 4th and 5th, and attempted petit larceny.

Previously:

• Woman accused of stealing employee's purse at UMMC in September
• Three people accused of stealing wallet, using credit card

Michael A. Nicometo, 27, of 37 Lake St., Le Roy, is charged with four counts of criminally possessing a hypodermic instrument and one count of criminally using drug paraphernalia, 2nd. Nicometo was allegedly found in possession of the instruments after police and EMS responded to his residence for a report of an unresponsive male.

Cheri Monea Patterson, 19, of Cottage Street, Lockport, is charged with petit larceny. Patterson is accused of stealing $45.46 in merchandise from Kmart.

Ryan N. Bartholomew, 18, of Adams Street, Batavia, is charged with two counts of petit larceny. Bartholomew is accused of shoplifting from Kmart.

Rebecca Jean Viedeffer, 43, of Franklin Street, Batavia, is charged with petit larceny and criminally possession of stolen property. Viedeffer is accused of stealing two official 2012 NYS trailer inspection stickers and possessing them in the Town of Pavilion.

Apparently, the citizens of Batavia don't object to a 2.4-percent increase in property taxes.

Monday night, the city council conducted a public hearing on the proposed 2012/13 budget and only one person showed up to make a statement.

That person was John Roach, who suggested that the $2,500 set aside for GO-ART! be redirected to the Veterans Memorial Fund.

Roach also thought the city was dipping too much into its reserve funds in this budget.

Otherwise, crickets.

The council will vote on the budget Feb. 17.

A water-rate increase got even less public attention. The public hearing for that budget proposal had no speakers.

The plan calls for the average customer to pay $13.50 more annual for city water.

A one-vehicle rollover accident is reported at Route 77, north of Gabbey Road. Pembroke and Indian Falls fire departments are responding. A pickup truck is reportedly tipped over on its side.

The roadway is super slick. Route 77 is being shut down due to icy conditions at Indian Falls / Gabbey roads. The county Highway Department is aware of the road condition and will have a crew there within the hour.

UPDATE 5:11 p.m.: Mercy medics were called but cancelled since no one involved is injured.