It might be a bit of glasnost in the Genesee County Legislature, a weakening of the hard line legislators have taken against a tax increase for the past few years.

The oft-repeated word by the nine legislators during an impromptu budget discussion Wednesday was "tweak," as in, "tweak the current rate just a little bit."

"I think all of us have an interest in keeping the rate the same," Legislator Hollis Upson said. "One thought I have been pondering though is that with the 2-percent tax cap, I could be persuaded to let some expansion take place just a little bit. I'm not so worried about this budget, but the lack of control we have on mandates and what that means in future years. I'm a little concerned about holding the line so close that it puts us in a straitjacket or requires large cost cuts that must come from somewhere.

"I've got to the point," Upson added, "where I can tolerate a little bit of a tweak, as little as possible, and only after exhausting every other opportunity to cut costs."

Several other legislators also said a "tweak" might be exceptable, some even after taking a hardline stance in favor of cuts and against any tax increase.

"I still say there's room among our labor force to where there is still fat that can be cut," Legislator Jay Grasso said.

Grasso expressed concern that some department heads haven't been willing to step up and say what cuts they would be willing to make to help the county trim as much as 5 percent in spending.

"As much as I support public safety, that has to be looked at as well," Grasso said. "If we look at aggressive, across-the-board cuts, everybody feels the pain. If there are cuts, no department should be spared."

While offering tepid support for "tweaks," he also said he was concerned that any rate increase would send the wrong message to Albany -- that Albany can keep pushing unfunded mandates on counties knowing that if they must, counties will just raise taxes.

If a "tweak" means staying under the 2-percent tax cap, then the county could only generate only $500,000 in new revenue. Several legislators and County Manager Jay Gsell acknowledged that's just a drop in the bucket compared to the potential shortfall the county is facing.

"We need to get to $136 million (in spending) and even I think that is highly unrealistic," Gsell said.

The county has cut spending by 30 percent over the past few years. But with about 90 percent of the county's budget going to unfunded mandates, and costs rising year after year on those mandates -- primarily Medicaid and pensions, it's getting to the point where the only cuts left to make are to essential services. 

"As a former mayor of Oakfield, I'm very conscious of our aging infrastructure," Legislator Ray Cianfrini said. "We're still wrestling with our water tower issue. If we keep putting off spending on infrastructure, we're only kicking the can down the road and putting of the inevitable. 

"When I look at the damage caused by Hurricane Irene and the roads washed away and the bridges collapsed, I think 'that can happen to us.' Our bridges aren't safe and our roads barely meet standards. If we don't have the money to (take care of infrastructure), then I would not be opposed to tweaking the rate to see if we can generate some money for that."

Cianfrini also expressed concern about some funding inequalities creeping into the budget. For example, he said, the DA's office now has the same staffing levels as the public defender's office. However, the DA's office handles 100 percent of the criminal cases in Genesee County, while the public defender's office only handles cases for clients who can't afford a private attorney.

The County Clerk's office also came under scrutiny.

Last year, County Clerk Don Read argued that since his department creates revenue for the county, it should be exempt from cuts. Cuts, he argued, would diminish his department's ability to generate as much revenue.

"Why shouldn't they be asked to do more with less and then generate more money that might be applied someplace else," Legislator Bob Radley said. "Just because you pay your way shouldn't mean that you shouldn't be asked to help us along the way."

Radley is also worried about the county continuing to subsidize the nursing home at $2 million per year.

"Something needs to be done about that," Radley said.

Legislator Ed DeJaneiro said that while he supports holding the line on the tax rate, he is concerned about the damage being done to the county.

"It will get to the point where we're lessening the quality of life in our community via our nursing home, our health and safety and our infrastructure," DeJaneiro said. "Our infrastructure will be compromised if we don't stay on top of what we can do and our law enforcement will be compromised."

Only Legislator Bob Bausch spoke at length about ways to raise revenue other than a tax increase. His idea -- a marketing campaign to encourage people to spend more of their dollars locally instead of in neighboring counties.

"I have suddenly become very aware of where the heck I buy my gas," Bausch said. "I buy a lot of gas every week for my personal car and my company cars. If I'm going from Bergen to Perry or from Batavia to Perry on my typical runs, I'm buying a lot of gas."

Bausch suggested if more people who travel out of county were conscientious about buying their gas closer to home, it could help generate a good bit of extra money for the county government, taking pressure off the legislature to raise taxes.

"These things start to add up," he said.

"I'm the last person who is going to tell my wife not to go to the mall in Rochester or Buffalo and not to buy clothes," Bausch said. "I fear for my own life. But when you look at the day-to-day things we buy, it starts to make a difference. We need to get that word out there."

There is a reported fight, both verbal and physical, on Church Street in Le Roy near the footbridge.

One subject may need medical attention.

It is unclear how many subjects were involved, though it appears the fight is over.

Police officer on scene reports, "There's a bunch of people here on the footbridge."

The Federal Aerospace Administration has dangled some grant money in front of local officials for some improvements at the Genesee County Airport. So with time short to accept at least one of the grants, the legislature met in emergency session Wednesday evening to vote on acceptance of the funds.

The grants -- one hasn't officially been offered yet -- move the county a few steps closer to building a new terminal at the airport.

The current terminal is probably more than 50 years old, dating back to a time of grass runways and private ownership.

Even with these grants, however, County Highway Superintendent Tim Hens doesn't see a new terminal on the horizon just yet.

He suspects voters -- and hence elected legislators -- will balk at the $4 million price tag, even though construction of the terminal shouldn't cost local taxpayers a dime.

"Even if the airport can be 100-percent self-sustaining and repay the bond (from airport proceeds), the public still has a perception that times are tough, we're trying to cut taxes and you guys are going to spend $4 million on this," Hens said. "That is a very hard perception to overcome.

"I would love to see it go as soon as next year," Hens added, "but the practical side of me says it won't happen for three to four years."

There are two grants the legislature considered Wednesday.

One, for a new terminal apron, has already been offered by the feds and the county has until Sept. 9 to complete the paperwork to get it.

The second grant is for the design of a new terminal, but Hens said it hasn't officially been offered yet.

"We're in the final month of the fiscal year for the federal government and they have hinted, or wink, wink, we've got more money coming for you for the design of the terminal," Hens said.

"We don't physically have the grant offer in hand yet. But I know that within the next two weeks, based on previous experience, they're going to issue all their grants, figure out their books and say, 'OK, we've got $300,000 left, we can give $200,000 of it to Genesee County."

The grant for the terminal apron is a little more than $1 million and the state will kick in $27,000 for the project and $27,000 in county funds (from sales tax) will be used.

Hens said the current apron -- just west of the current terminal -- is 40 years old, full of potholes and cracks. A new apron will be safer and allow more space for planes to park.

The apron can also be built with a new terminal in mind, including grading and conduits for utilities.

A new terminal, if built, would be closer to West Saile Drive, which would address the chief concern of the FAA: The current terminal is positioned too close to the runway, making it unsafe.

Even so, Hens said, the FAA doesn't typically pay for construction of terminals. It's just not something they do.

So if it's going to be built, it will take a county-sponsored bond to make it happen.

A new terminal would be about the same size as the current terminal, but with a better floor plan. It could allow for food service, a lounge for pilots, a conference room, a counter for car rentals and other services.

Currently, the airport generates more than $100,000 in revenue and an improved terminal could help increase that revenue, Hens said, not to mention that a better insulated, more environmentally friendly building would save expenditures from the airport fund.

"Anything we can do to increase revenue would make it much easier to repay the bond," Hens said.

Even though there are no immediate plans to build a new terminal, legislators thought it wise to accept the $200,000 FAA grant, if offered, with the another $100,000 coming from available airport funds (which can't be transfered to the general fund anyway).

"We want to take advantage of the money if it's there," Legislator Bob Radley said. "We don't want to give back $200,000 of their money."

A caller in the area of Bank Street Road and Route 262 reports an unknown, unusual odor in the area.

There is also a truck parked along the road -- unknown if it's occupied.

Law enforcement first on the scene to secure the area.

Byron Fire Department is being dispatched.

Hazmat caution is advised.

The deputy on scene says there isn't much of a chemical smell in the area. The truck has Texas plates.

UPDATE 8:40 p.m.: The truck appears disabled. There's nothing suspicious in it, no containers. A source has told a deputy that there was a crop-duster in the area earlier today. South Byron fire is standing down. Byron units continuing nonemergency.

Press release: 

STATEMENT FROM CONGRESSWOMAN KATHY HOCHUL ON PRESIDENT OBAMA’S COMMENTS ON JOB CREATION 

“The message I have heard, loud and clear, during my seven ‘Congress On Your Corner’ meetings this month, is that our constituents expect us to work towards real job proposals that will help get our people back to work. I was sent to Washington to work with anybody and everybody willing to help create opportunities in Western New York. 

“Now is the time for us to come up with a critical infrastructure plan that will not only help our local governments build roads, bridges and airports, but also get our economy moving once again.

“When we return to Washington next week, our top priority must be cutting the exorbitantly high unemployment rate and revitalizing our economy. I intend to work quickly to renew the FAA Reauthorization and Surface Transportation Bill and ensure we don’t leave nearly one million workers on the sidelines, as was done to 4,000 FAA employees earlier this summer. As these pieces of legislation progress, I plan to work with my local municipalities to ensure they can apply for their proper funds.

“Congress cannot continue to act in the same hyper-partisan manner it did throughout the summer with the FAA Reauthorization and debt-ceiling negotiations, which is why I plan to continue to work with President Obama, as well as all Republicans, Democrats and anyone else willing to ensure we are creating opportunities for hard-working, middle-class families.”

Supporters of Genesee Justice are feeling a little nervous about funding for the pioneering restorative justice program for 2012.

A heroic effort was made to save the program for 2011, including beginning the process of setting up a nonprofit organization to help sustain the agency's programs.

In part because it's a long process to establish a nonprofit, the Genesee Justice Foundation is still looking to the county legislature to fund the agency at sufficient levels to keep it going.

The $40,000 provided by the county in 2010 won't be enough, said Jane Schmider, president of the foundation.

"Even to continue at that level would be very difficult," said Schmider today following the first meeting of the foundation at Terry Hills. "To keep it going this year Peter often had to rob Paul, but Paul has run out of money now."

So far, the foundation hasn't gotten any clear indication from the county on what to expect from the legislature, Schmider said.

It's expected to be another lean budget year and several county departments are preparing for cuts, but Schmider said Genesee Justice should be considered an essential county service.

"It should be funded by the county," Schmider said. "It's a part of the Sheriff's department. That's where it started, that's where it grew up. It's part of our criminal justice system. It's part of county government."

Asked about fund-raising goals for the foundation, Schmider said, "It would be great if we could raise $50,000 this year. It would be amazing."

She also mentioned the foundation has openings on its board of directors.

Meanwhile, the Batavia Kiwanis Club has taken another victims' program under its wing -- trying to raise $150,000 to help the Child Advocacy Center move into a building the Justice for Children Foundation would own. The CAC would then lease the building at a nominal rate, saving the agency significant money on annual rent.

The Kiwanis are sponsoring a "Bidding on a Brighter Future" Gala and Auction on Sept. 17 at Batavia Downs. Tickets are $40 per person and $75 per couple.  

The Kiwanis are also still looking for donations from local businesses for the auction.

Batavia Downs announced today that Joseph Teresi Jr., one of Genesee County's most tireless volunteers, will receive the 2011 Italian-American of the Year award.

Not long ago, we were writing about Teresi as the 2010 Geneseean of the Year.

In the past he's also been named YMCA Volunteer of the Year as well as a two-time Lions Distinguished Service Award winner and a recipient of "Lion of the Year."

"I'm totally surprised," Teresi said. "With the number of people around here who are worthy of these awards, to be recognized twice in one year is very surprising."

Teresi is being recognized for all of his volunteer efforts, but most notably his effort to start the YMCA's Challenger Sports program and his work with the T.F. Brown's/Lion's Club annual Christmas dinner. He's also a member of the Notre Dame High School Education Foundation and past president of the Genesee YMCA and the Batavia Lion's Club.

"It's always nice to be recognized for your efforts," Teresi said. “I am proud to be an Italian-American and to enjoy the traditions of my heritage, so this award carries a special meaning.”

Teresi was nominated for the award by Joe Gerace, who won the first Italian-American award from Batavia Downs.  

"it's nice to be nominated by the first-award winner," Teresi said. "For him to recognize my efforts, some of the contributions I've tried to make to the community, it's nice, and I'm proud to follow people like Chuck Zambito last year and Ray Cianfrini the second year."

The award will be presented to Teresi on Sept. 9 at Batavia Downs. To make reservations to attend the event, call Sara Tenney at (585) 343-3750, ext. 309.

Photo: File photo by The Batavian.

Sen. Kristen Gillibrand visted the Post-Traumatic Stress Disorder clinic at the Veteran's Hospital in Batavia today.

Listen to Geoff Redick on WBTA this afternoon for a report on Gillibrand's visit.

UPDATE: Geoff Redick's report is now available on WBTAi.com.

A two-car accident with injuries is reported at Galloway Road and Route 63. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 12:56 p.m.: A second patrol car for traffic control is needed and two flatbed tow trucks. The accident is blocking the roadway. One person is complaining of arm pain.

UPDATE 12:58 p.m.: A second ambulance is called for and some absorbent to soak up a fluid spill.

UPDATE 1:08 p.m.: A woman with no visible injuries is being transporting to UMMC to be checked out.

UPDATE 1:31 p.m.: A man is being transported to UMMC now. He is alert and oriented and the medic says he may have briefly lost consciousness after the head-on collision in which there was airbag deployment.

UPDATE 1:34 p.m.: Town of Batavia fire crews are back in service.

We don't have the location or time of call, but there is a grass fire in Indian Falls Alabama, on Tesnow Road.

Indian Falls, Pembroke and Alabama fire departments are on scene.

There was concern about power lines in the area and National Grid is on scene. The fire is apparently mostly knocked down at this time.

UPDATE 10:04 a.m.: Water is being shut down as a safety precaution because electrical lines just dropped on the ground.

UPDATE 10:07 a.m.: Water is flowing again.

UPDATE 11:15 a.m.: Fire is actually at 369 Wright Road. It's a former U.S. National Gypsum facility, and after that Stylecraft built manufactured homes at the location. It's currently owned by Bill Eberhardt. A large pile of old railroad ties caught on fire. The fire was reported by the pilot of a private airplane. Alabama Chief Gary Patnode said the ties are from a railroad line torn out 25 years ago. He said the property owner told him he's had trouble with trespassers recently, particularly young ATV riders. Deputy Ron Meides said his report will say that a controlled burn -- there's a large section of the property that is being cleared of brush -- ignited the railroad ties. Mutual aid provided Indian Falls, Pembroke and Akron, with East Pembroke filling in at Indian Falls and Shelby filling in at Alabama. (I have one picture to post, but a weak internet signal at my current location ... will add photo to this post later.)

UPDATE 8:15 p.m.: Alabama Fire is back on scene to deal with some sort of flare up.

UPDATE 11:58 p.m.: Alabama units back in quarters.

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Two young firefighters have joined the City of Batavia department and are undergoing rigorous training on day shifts.

New to the department are Collin Byrne, 23, of Rochester, and Michael Dorgan, 21, of Gates (originally from Brockport).

Byrne is a graduate of John Jay College with a criminal justice degree and Dorgan has a two-year degree from Monroe Community College in fire protection technology. He's enrolled at Empire College where he's pursuing a degree in fire service administration.

"We're both really excited to learn the area and serve the community as best we can," Dorgan said.

Dorgan said firefighting runs in his blood. Both his father and uncle are career firefighters and his grandfather is a lifelong volunteer firefighter.

"I'm excited to be here," Byrne said. "I became a firefighter to do some good, to help people out and because it's an honest living."

Below is a picture from one of their training sessions on Friday. The training was on low-angle basket rescue, which was conducted off South Jackson near the old bridge that crossed the railroad tracks.

The mother of a child who fell from a second-floor window on Aug. 22 has been charged with three counts of endangering the welfare of a child.

The woman turned herself in to Batavia Police today following an investigation into the incident.

Charged was Jessica R. Lyke, 23, of 18 East Ave., Batavia.

The 17-month-old child who fell from the window was treated at Strong Memorial Hospital in Rochester and has since been released. 

Le Roy Police have arrested a man who reported that he was robbed and that a suspect was chasing him with a gun.

The man later admitted that he fabricated the story.

Charged with falsely reporting an incident, 3rd, was Donald J. Pettit, 27, of Friendship.

Pettit allegedly called 9-1-1 in the early morning hours of Sunday and made the report.

He was arraigned in Town of Le Roy Court and released on an appearance ticket.

It's $6.5 million worth of life-saving machinery and now it's based in Batavia.

Mercy Flight #5 was officially dedicated at the Genesee County Airport on Tuesday morning.

The Bell 429 helicopter equipped with state-of-the-art technology was paid for with a $3 million loan from the USDA and a USDA-guaranteed loan from M&T Bank.

Without the 20-year loan, instead of a traditional five- or six-year loan, said Margaret Ferrentino, CFO of Mercy Flight, there's no way the air and ground ambulance service could have afforded the new helicopter.

The dedication was attended by Mercy Flight and Mercy EMS staff, local elected officials and a variety of local emergency and law enforcement representatives.

Mercy Flight #5 will serve Genesee, Orleans and Wyoming counties.

The new helicopter was blessed by Rev. John Gaglione, left, pictured with Mercy Flight CEO Doug Baker and Sister Sheila Marie Walsh.

A power outage that began this morning before the park opened has 10 rides closed at Darien Lake Theme Park, according to spokeswoman Cassandra Okon.

Darien Lake staff is investigating the loss of power and officials aren't sure when the rides will reopen.

Okon did not say which rides are closed.

Staff is unsure at this point if the power outage is due to a technical glitch with National Grid or a problem within the park itself.

Related editorial from the New York Daily News

Village of Oakfield residents should brace for a couple of increases in their quarterly water bills.

The first increase will be 65 cents per thousand gallons of water. That 19.4-percent increase will take the rate from $3.35 to $4.

The increase, according to Mayor Rick Pastecki, is designed to eliminate a deficit in water spending for the village.

"Basically, we found out that our rates were so low that state officials were concerned we wouldn't be able to pay back our debt," Pastecki said. "Basically, we found through the process that our rates were considered extremely reasonable, which precluded any kind of grant money."

The village needs a low-interest loan -- which has been awarded, and a grant, also awarded -- for a new water tower and transmission line.

The current water tower is well beyond its useful life and the village has been able to secure a 2.5-percent loan and a $600,000 grant, but those funds will only cover a portion of the cost of the $3.4 million project.

And that cost -- though expected to be high -- hasn't been determined yet.

To pay for the tower, another water-rate increase will be necessary, according to Pastecki, but more calculations need to be done before he can estimate the potential second rate increase.

Information for this report courtesy of Geoff Redick of WBTA.

A Batavia man admitted in Genesee County Court today that he possessed a forged insurance check as part of a plea deal that could have him serve a six-month intermittent sentence and a period of time on probation.

Sentencing on the charge for Ryan Shrauger, 41, of 6 Hull Park, Batavia, was set for Oct. 26.

Shrauger was initially charged in Batavia City Court on Aug. 18 with two counts of possession of a forged instrument, two counts of forgery and two counts petit larceny. On Aug. 22, Shrauger was charged in city court again with new counts of possession of a forged instrument.

Today, Shrauger told Judge Robert Noonan that he possessed an insurance check on June 27 in the amount of $900 that belonged to another person, and that he knew the signature on the check was forged.

The admission satisfies the other forgery charges.

On July 28, Shrauger was arrested on a arrest warrant out of city court and allegedly found in possession of cocaine and drug paraphernalia. He was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Those charges are still pending. 

Shrauger remains in jail on $10,000 cash or bond bail.

A person on a bike reportedly ran into a pole on West Main Street near Woodrow Road and sustained an injury.

The description of the bike reportedly matches one stolen earlier from a trailer park on West Main Street.

City fire is on scene with Mercy EMS and police are responding.