Pending federal legislation could have a dramatic impact on Genesee County's ability to repair and maintain its road and bridges, according to Highway Superintendent Tim Hens.

Both the House and Senate version strip most of the aid that has traditionally gone to local governments to help with infrastructure. 

The county is facing more than $15 million a year in expenses over the next five years to repair roads and bridges.

The bill would also realign regional highway planning committees and allow any municipality of more than 10,000 people to set up their own committees.

"There could potentially be hundreds of these planning organizations fighting for the same pot of money," Hens said. "Neither the House version nor the Senate version is very local-friendly."

Hens has drafted a letter to senators Charles Schumer and Kirsten Gillibrand along with Rep. Kathy Hochul asking them to consider the local impact of the legislation.

Hens wrote:

We are certainly in favor of consolidating programs and accelerating delivery measures that reduce the time and cost to bring projects to construction, thereby maximizing the available dollars to the actual construction. However, we are very concerned that funding available to the non-NHS system will fall short of what is critically needed. Although we concur that the NHS is vital to the nation’s economy, it is important that the entire transportation system be considered as one seamless system that needs to preserved and maintained in its entirety. Local governments saddled with mandates just do not have the financial ability to take up these obligations on their own.

Full text of his letter after the jump (click on the headline to read):

Dear Senator/Representative:

As you are already aware, the surface transportation bill known as SAFETEA-LU expired on September 30, 2009. Highway and transit programs have been operating under short term extensions ever since. The current extension expires on March 31, 2012.

NY State budgets have not been adequate to reverse the deterioration of local roads and bridges and the lack of action on federal highway program authorization and funding has created huge uncertainty. This uncertainty not only affects state highway programs; but the contractors, designers, subcontractors and material suppliers who work within these programs are also affected.

In the US Senate, the federal highway and transportation funding bill is MAP-21—Moving Ahead for Progress in the 21st Century. Legislation known as the “American Energy & Infrastructure Jobs Act,” was introduced by the House on January 31, 2012. These bills seek to reform and streamline federal transportation programs, cut red tape in the project approval process, increase states’ flexibility in determining their most critical transportation needs, and encourage private sector participation in financing and rebuilding our infrastructure.

While immediate action is needed to pass a multi-year transportation reauthorization bill which will bring much needed certainty to the construction marketplace, the fear is that some proposed modifications to existing federal highway funding programs could result in fewer funds available for non-National Highway System (NHS) bridges and not provide any additional funds for non-NHS highways in New York.

We are certainly in favor of consolidating programs and accelerating delivery measures that reduce the time and cost to bring projects to construction, thereby maximizing the available dollars to the actual construction. However, we are very concerned that funding available to the non-NHS system will fall short of what is critically needed. Although we concur that the NHS is vital to the nation’s economy, it is important that the entire transportation system be considered as one seamless system that needs to preserved and maintained in its entirety.  Local governments saddled with mandates just do not have the financial ability to take up these obligations on their own.

In addition, how the local Metropolitan Planning Organization’s (MPO) boundaries are determined would change considerably in some cases; eliminating some Counties from their existing MPO. This would weaken the ability to ensure that transportation decisions benefit the overall community and threaten the economic stability, vitality and viability of the region as a whole.

The current Genesee Transportation Council boundaries are allowed per Title 23 Section 450.312(d) of the Code of Federal Regulations: “MPA boundaries may be established to coincide with the geography of regional economic development and growth forecasting areas.” The nine-county region has the same boundaries as both the Department of Commerce’s Economic Development District and Governor Cuomo’s regional economic development council. Strategic plans for both the district and the council have been completed within the last six months. We strongly urge that this provision be maintained in the next surface transportation legislation.

Increased federal funding is desperately needed to allow our highway superintendents the funding necessary to begin to address the critical needs of the state’s local transportation infrastructure. Genesee County and many other rural counties would be severely impacted with the loss of MPO representation and redirection of funds to the NHS. On behalf of Genesee County I am urging that you and your New York colleagues take steps to insure that the final multi-year federal transportation authorization bill does not short change the local highway and bridge system in this state.

Thank you for your continued support.

The county is scheduled to receive a $7,200 grant to help fund training for potential food-processing workers, as part of the Finger Lakes Food Processing Cluster Initiative.

The grant will likely assist Genesee Community College in developing food-training classes, said Scott Gage, director of the Job Development Center, and comes at a good time, with companies like Alpina opening factories in Batavia, along with existing businesses such as Yancey's Fancy in Corfu.

"Workers need to learn manufacturing techniques, process control, and health and safety issues," Gage said. "We’re seeing this as a tool to help us with these new businesses moving into the town."

Steve Hyde, CEO of the Genesee County Economic Development Center, said there is an effort going forward from government agencies, schools and food-processing companies themselves to create a better trained work force for these types of businesses.

He said developing such tech-based job-training programs (and food processing is now a tech-based job) is hugely important for the region.

"We are better aligning education with industry needs," Hyde said. "If you really start being able to deliver (a better trained work force), boy, you are at a key strategic advantage (for attracting new businesses to the area)."

Press release:

Assemblyman Steve Hawley (R, I, C – Batavia) is circulating a petition calling for mandate relief during this year’s legislative session seeking public support for a measure that will decrease costs to local governments and drive down taxes. Hawley stated that by showing the governor that Western New Yorkers are on board, real progress stands to be made.

“Here in Western New York, we’re tired of property taxes and other fees skyrocketing year after year due to expensive and unnecessary programs forced on us by state government,” Hawley said.

“We took a step in the right direction with last year’s budget, alleviating some of the pressure on local governments, but we need to do much more. I am hopeful that local taxpayers will join me in showing the governor just how important this is to Western New Yorkers so we can build on last year’s momentum and provide real savings on our tax bills.”

This year, nine state mandates will account for 90 percent of the county’s local property tax levy. The petition can be signed at bit.ly/WNYformandaterelief.

Hard copies are available at the assemblyman’s district office. The assemblyman can be reached at 121 N. Main St., Suite 100, Albion, NY 14411, by phone at 585-589-5780, or via e-mail at hawleys@assembly.state.ny.us.

Press release from the Genesee County Legislature:

Importance of Medicaid Petition Drive. Why should Geneseeans Care?

$9.2 million six years ago was the amount Genesee County was spending for Medicaid. 50% of the total program cost is the responsibility of the taxpayer in New York State which is the same in most of the other 49 States. New York State has the 57 New York counties paying a share of this Medicaid Bill each week which in 2012 equals about 18.5% of that 50% state share.

Six years later, $9.8 million is the dollar amount representing 18.5 cents of every dollar spent for Medicaid that Genesee County taxpayers must fund in the 2012 budget year.

Approximately 7,200 individuals are enrolled in Medicaid in Genesee County. In 2014, the Federal Health Statute (Affordable Care Act) is mandating states to select a health care program for those particular state residents in need of health coverage and eligible to enroll. In New York state the choice has been made, Medicaid will be the primary payor. 

Current estimates that there are 5,000 additional county residents eligible for this proposed/expanded Medicaid program. This means an additional 69% increase in Medicaid funding, or in 2012 dollars would mean $6.30 per thousand just to pay the county’s 18.5% of this unfunded mandate.

This is a call to be answered by Genesee County and all New York State residents that have concern to be proactive with their county’s Medicaid petition drive.

Blank petitions are available at your town and village offices and once you have obtained signatures return to your town or village hall or local library. Petitions may also be sent to county residents electronically by contacting the Clerk of the Genesee County Legislature, Carolyn Pratt, 344-2550, ext. 2202, cpratt@co.genesee.ny.us

Parents are reporting in comments on The Batavian that the Le Roy Central School District will hold a meeting Saturday morning to introduce report on test results performed at the Jr./Sr. school  Leader Professional Services and discuss a possible round of environmental testing at the Jr./Sr. high school.

On its website, Leader describes its services: "... a full-service environmental, industrial hygiene, safety and transportation compliance services company with principal offices in the following areas: Buffalo, New York; Rochester, New York; and Pittsburgh, Pennsylvania."

The meeting will be from 9 to 10 a.m. in the school auditorium.

Parents received an automated phone message about the meeting.

Meanwhile, Scientific America this morning published an interview with a professor of psychiatry at Harvard Medical School, Michael Jenike, who said PANS (sometimes called PANDAS) could be the cause of tic symptoms in 15 Le Roy HS students.

Jenike said the disorder was once thought rare, but he believes it is more common than many doctors realize.

I used to think it was very rare, too. I've worked on OCD (Obsessive-Compulsive Disorder) my whole career, and I couldn't figure out why no one could pin down what was going on with these kids who had had strep. Then the parents got me involved, and I learned a lot more. I now think PANS is extremely common — way, way more common than we thought. I get emails from parents every day whose kids have it. I don't think it is rare, is the bottom line.

The problem is, some doctors don't know about it, and some don't even think it exists, so it isn't diagnosed.

He also said he believes the age range could run higher than previously thought.

According to the article, Dr. Laszlo Mechtler, who reportedly treated 11 of the 12 girls initially reported with the illness, has said PANDAS was ruled out because it is rare and because it only afflicts young children.

UPDATE: Media release from Bill Albert, of the law firm Harris Beach.

Le Roy Central School District Community Meeting
 
Date: Saturday, February 4, 2012
 
Time: 9:00 – 10:00 a.m.
 
Place: High School Auditorium, 9300 South Street Road, Le Roy, N.Y.

Topic: As most are aware, the District has hired Leader Professional Services a highly regarded environmental, industrial hygiene, and safety consulting firm. Leader was hired to assess the testing already performed at the high school and to make recommendations for further testing at the school. Leader has completed its review and will present its recommendations for a work plan for additional testing to the parents of students in the District on Saturday, February 4 from 9:00-10:00 a.m. at the high school auditorium.

Presenters from Leadership Professional Services:
Michael P. Rumrill, President/CEO
Mary Ellen Holvey, CIH, Senior Industrial Hygienist
Peter von Schondorf, P.G., Senior Project Manager

Media Information Session 8:30 – 8:55 a.m.: Please join Leader Professional Services representatives and Superintendent Kim Cox at 8:30 a.m. for a media information session to preview the recommendations prior to the community meeting. This session will be held in the school’s library.

Parking: There will be no parking at the school’s parking lot. The school is hosting student Round Robin basketball games in which buses will be dropping off and picking up students throughout the day. You will be directed to park at Hartwood Park located next to the school.

In the past 10 years or, call volume for the Town of Batavia Fire Department has jumped from about 50 calls per year to around 300 calls per year, and the number could soar to 800 calls per year in the next two decades.

That kind of growth requires planning, according to Board of Directors Member Tim Yeager, who was joined by department leaders Thursday to unveil a new master plan -- the first of its kind -- for the department.

"What has occured in the past 10 years, what's occurring now and what could potentially happen in the future -- we tried to address all of those things (in the plan)," Yaeger said. "We don't want to play catch up and be reactive. We want to be proactive and anticipate those potentials and better plan for those in order to keep costs down."

The department will remain all volunteer, Yaeger said, but staffing will need to increase from 41 active members to 100 active members.

That kind of recruitment and retention, according to the plan, may mean possible property tax relief for volunteers, stipends, retirement plans as well as other incentives to volunteer. The department's bylaws may also need to be amended to relax the residency requirements.

The biggest expense for the department is in possibly replacing two aging and inadequate fire halls, which could cost $5.8 million and $2.7 million respectively.

The department will also need a second ladder truck at a cost of $625,000 and to replace the current ladder truck, another $1 million. Plus over the next several years, other aging pieces of equipment will need to be replaced at a cost of $400,000 to $500,000.

All of this can be done, Yaeger said, without increasing the fire district's tax rate, which is currently $2.34 per $1,000 of assessed value.

Growth in the town, much of it fueled by the anticipated success of the Genesee Agri-Business Park, will drive up the overall assessed value of property in the town, meaning more revenue for the fire district.

"That increase should sustain us based on our predictions over that 20-year period and keep in consideration any increase in the cost of doing business over those 20 years," said Fire Chief Randy McIntire. "We can keep the tax rate as it is."

Station #1, at 8382 Lewiston Road, is 20 years old and only 6,800 square feet. The concept #1 new station would be 18,000 square feet and include five engine bays, a room for turn-out gear, men's and women's locker rooms, offices, a workout room, lounge area and increased storage.

But Station #2 is perhaps the location in most immediate need of replacement and enlargement.

The large buildings of the ag park will require the fire department to have a ladder truck at Station #2, and with the anticipated growth in both business and residential on the east side of town, the department will need updated trucks and personnel ready to respond from Station #2, according to the report.

Built on Clinton Street Road in 1977, the 1,920-square-foot facility has only two engine bays and not much else.

The concept #2 new station would be 8,200 square feet, have three bays, offices, conference room, locker rooms and a lounge area.

Construction on the new Station #2 would begin in 2014.

While the plan doesn't anticipate a tax increase, and forecasts the ability of the department to pay for new equipment out of tax revenue, the cost of new stations will probably mean the department will need to take out construction loans at an anticipated interest rate of 4.5 percent.

The plan came about because department officials were looking at growth in the town and realized they better be ready for it, but they didn't have a lot of data on what the town was planning or what was anticipated.

Department officials met with town officials over the past several months and gathered data to help them develop a plan for the future.

"We had a lot of ideas, and lot of good ideas on where to move forward, but there was nothing documented," Yaeger said. "We needed to gather the data to justify the decisions that we needed to make. All of the decisions in this plan are based on data."

UPDATE: Forgot to link to the PDF of the report. Here it is.

As mentioned in my previous post, by the late '80s chasing down northern pike had taken a back seat on my list of priorities. I did, however, enjoy watching pike -- in addition to other species -- in their own element. Skin-diving local impoundments made that possible and that is how Jody Hebdon and myself bumped heads with one particular northern pike, an encounter that was not only unexpected but also quite invigorating.

On a hot July afternoon several years ago, we had donned mask, fins and snorkel in an attempt to cool off. We hadn't been in the water long when we spotted what looked like the tail end of a decent-sized pike sticking out of the weeds, the rest of it hidden by the dense growth. Several feet below us the fish remained motionless while we watched from the surface. Then, with no warning, it vacated the weed bed with one mighty sweep of its tail. Streamlined and built for ambush, in the blink of an eye that pike was out in the open where we could see its size.     

As I swam down for a closer look, the fish began swimming away from me. Then, about the time it disappeared into the depths, I noticed something strange. There, several feet below the surface, some of the taller growth at the edge of the weed bed appeared to be swaying. Ever so slowly it was beginning to lean in the direction where the fish had disappeared. Taking a closer look, I saw a single strand of monofilament fishing line wrapped around the moving weeds. From there the line angled downward toward the deep water, other end no doubt attached to the pike.

What to do? Grab the line? You bet! But first I needed air. After reaching the surface I told Jody, between deep breaths, just what the deal was. I dove again, seeing small perch and bite-sized bluegills hovering idly about as I tried to relocate the line. I was nearly out of air again when I saw it. Thinking to myself, here goes nothing, I took hold of it and began back finning to the surface. Ascending, I kept my eyes on the line, following it into the darkness. On the other end I could feel the fish, then watched as it emerged from the depths -- and what a sight it was. The pike undulated, shaking its head from side to side, its mouth wide open and gills flared. I remember feeling as though I was watching a Jacques Cousteau documentary.

Water tends to magnify an object, making it appear 25 percent larger than its actual size. Once on the surface, and with the fish twisting and turning below, I turned to Jody and stole what may have been Roy Scheider's most memorable cinema line (from "Jaws" of course), blurting out, "We're gonna need a bigger boat!"

Several times I slowly worked the fish close only to have it take back the line each time, not in long, slashing runs, but slow and deliberate, disappearing back into the depths. Jody and I would later discover there were 19 yards of line attached to the pike -- exactly 57 feet. 

After 45 minutes of give-and-take, we had worked the fish into water about six-feet deep. Previous experience with pike told me the most crucial time was at hand. Fish about to be brought to the net often go ballistic -- even those appearing exhausted. And because we had no net, we planned to slip our hands beneath the pike and flip it onto shore. What's more, we had a mouthful of needle-sharp teeth to contend with.

Of all the pike I've tangled with through the years, this one certainly ranks right up there in terms of excitement -- perhaps even more so. I mean, how often does one get face to face with their catch while it's still in the water?

It is clear to me that there is a lot of pain in our community and that people are looking to the leadership to better understand what is going on and what to do. Here’s my perspective.

I would like to start by saying that my heart truly goes out to the children and families directly affected by the Tourette's-like symptoms. I cannot even imagine how hard and possibly devastating this is for you! As a parent I do know what it is like to have your dreams for your child shattered (even if only temporarily) by forces with more power than you.

What I understand is that everyone would like answers. I am with you on this. We have some answers, but many of our questions are currently unanswered. It is very clear that there are a few students in our district of high-school age that are experiencing very real symptoms that resemble Tourette's. They and their parents are looking for answers as to why this is happening to them. I am not a doctor, neither is the school district. I do assume, though, that the reasons may not be the same for everyone and that everyone directly affected is desirous of a clear conclusion. While we search for answers we should keep in mind that the human brain is an extremely complex organ that we still do not fully understand.

Initially it seemed like this was an issue strictly affecting the school district and the high school specifically. My reaction as a community leader was that everything was being taken care of and under control, no need to worry. As the numbers of students affected began to increase it started to look like maybe there was a need for concern, but the school district was on top of it, so no need to panic. In the last few days, though, the situation seems to have escalated and spiraled rapidly out of control causing many rumors that have resulted in panic.

I am here to say that I do not have the answers. I know only what you already know. I've read Superintendent Cox's publications, read The Batavian and the Daily online, watched some of the Today Show and Dr. Drew, and listened to the opinions of others. What is clear to me is that there is more than one issue going on here and that the first brought the others to light. Thanks to the unrelenting efforts of some very strong parents who desperately want answers, we now know that the site of the train derailment 40-plus years ago was not properly cleaned up. It seems this is now being addressed. We also learned that there is another Superfund cleanup site in the area. The experts believe that these sites do not have anything to do with the Tourette's-like symptoms that are being exhibited by some of our youth. It is a good thing, though, that this was questioned otherwise we might not be seeing action at the derailment site. Clearly the contamination is not even near the school. I was speaking with someone today who served on the conservation committee at the time that the school was built, it seems very unlikely that any contaminated soil from the derailment site was used at the school site. I say it seems very unlikely because the site was already known to be contaminated before the school was built, but I take nothing for granted and support testing to put that question to bed for everyone.

Howard Owens, owner of The Batavian, did some research on some of the rumors that have been floating around. You can read what he found here: http://thebatavian.com/howard-owens/le-roy-high-school-property-rumors-and-research/30236. I also recommend looking at: http://thebatavian.com/howard-owens/follow-information-epa-and-dec-situations-le-roy/30242. Finally, this statement was released yesterday in regard to water tests: http://thebatavian.com/howard-owens/nih-offers-no-cost-consultations-bethesda-le-roy-teens-effected-illness/30252. It also includes an offer from NIH and NIHM, that was reiterated on Dr. Drew last night, for free consultation through these agencies. I hope that the families will take this offer as it seems that with these two agencies working together on their behalf answers will be found. Also I would like to call your attention to the Le Roy Pennysaver this weekend as I happen to know that there will be a well researched piece in regards to the derailment in there. To satisfy my own curiosity I have also asked my own DEC contact if the school is built on a swamp or just swampy and will let you know when I have an answer.

I am not an expert on the environment. Those of you who know me know I am a relentless recycler that even throws toilet paper and paper towel cores in the recycle bin with used tissues rather than into the landfill; I try to guilt people into saving Terra Cycle items for the school because it earns PTSO money, when truly I just am grateful to keep it out of the landfill; that I carry paper coffee cups around with me for hours and hours until I find a recycle bin; I freak out a little on my family if they buy water in plastic bottles (ok, a lot); and I also know a great deal about VOCs in regards to paint and stain and would like to see more no-VOC products used in our public facilities. Even so, the Superfund sites and the environmental questions at the school are beyond my area of expertise.

What I can say for certain is that I do not believe in any way that there is a conspiracy to cover something up. You know that if I am proven to be wrong about this I will be the first to step up and admit it. I understand why people might believe there is a cover up, though. I support productive questioning of everything. Does the (swimming) pool ring a bell? All of us live here together in the same small community, shop at the same stores, go to the same gyms and restaurants, and most of us even drink the same water, including Mrs. Cox. I do not believe that anyone is trying to maliciously cover up. I do believe, though, that none of us are experts on how to deal with the situation, particularly the resultant media spotlight.

Above all else, I believe that together as a community we can find answers, overcome this, and heal. We are strong as a team. Perhaps one of the most important ways we can do this is to try to stop the rumors. Rumors tend to be inflammatory and divisive. They can be productive if we look at them as being a tool to finding answers, but if we look at them as truth then we stall our own efforts to move forward and find real answers. Please let us not point the finger of blame, but instead unite around the truth we have and the questions we want answered and around the families who have brought all of this to our attention. Human beings are incredibly strong and resilient in the face of adversity. Let’s show our strength to each other and the rest of the country and heal as a community. United we stand, divided we fall, has been proven true after all.

Below I will paste several links to recent Batavian coverage of this issue so that you have quick references to look at. Earlier today I posted on my FB page that I was considering blogging about this and asked for my friends’ input on what I should include. I believe I have covered much of it; more of it will be covered in the Pennysaver this weekend. I would like to know from the rest of you what you would like to see from your community leaders, particularly those of us who are elected. I want to know your ideas. If you don’t feel comfortable sharing them here please feel free to confidentially contact me via email me at trusteekeys@rochester.rr.com.

As always, I appreciate your reading this and your input. Thank you, Howard, for providing us with this forum to update people and to discuss issues on.

Today: http://thebatavian.com/howard-owens/hawley-issues-statement-le-roy-illnesses/30268 Yesterday: http://thebatavian.com/howard-owens/le-roy-illnesses-todays-efforts-gather-more-information/30253 http://thebatavian.com/howard-owens/le-roy-superintendent-releases-letter-community/30250 Monday: http://thebatavian.com/howard-owens/photos-drive-down-gulf-road-le-roy/30215 http://thebatavian.com/howard-owens/hochul-responds-question-about-situation-le-roy/30214 http://thebatavian.com/howard-owens/statement-released-le-roy-central-school-district/30213 Over the weekend: http://thebatavian.com/howard-owens/statement-released-le-roy-central-school-district/30213 http://thebatavian.com/howard-owens/specialist-questions-scientific-validity-le-roy-districts-environmental-reports/30187 (This is not an exhaustive list.)

Note: Hawley's office issued this press release Wednesday, but I didn't see the email until just now, but thought it still important to post:

Assemblyman Steve Hawley (R, I, C – Batavia) is working with state and local officials to diligently address the health issues facing Western New Yorkers. In the wake of the disturbing developments regarding Tourette's-like symptoms displayed by 12 students attending Le Roy Junior-Senior High School, the assemblyman is doubling down on his efforts to protect the health of the entire Western New York community.

“The strength of our community relies on the health, safety and happiness of Western New Yorkers, and I am committed to making sure that no stone is left unturned in the quest to protect those needs,” Hawley said. “By working with health and environmental officials at the federal, state and local levels, I am pursuing every channel to ensure that we are doing everything in our power to prevent threats to the community’s health.”

The assemblyman has spoken directly with both state Health Commissioner Nirav Shah and state Department of Environmental Commissioner Joe Martens to share his concerns regarding the developing tragedy in Leroy.

“The situation in Le Roy is infinitely tragic, and swift action is imperative,” Hawley continued. “Above all else, it is the duty of public servants to protect our children, seniors and families. Nothing takes priority over the health of our fellow Western New Yorkers.”

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.

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.

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".

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.

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 Spa, 99 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 Bowl, 21 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

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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.

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)

 

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.

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