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Law and Order: Employee accused of selling products, pocketing proceeds

By Howard B. Owens

David Michael Johns, 46, of East Street, Gainsville, is charged with grand larceny, 4th, falsifying business records, 1st, and petit larceny. While employed at Kistner Concrete Products, 10056 East Road, Bethany, Johns allegedly loaded merchandise valued at more than $1,100 into a customer's vehicle and failed to turn in funds to the business from the transaction. Johns is accused of falsifying a packing slip and turning it over to his supervisor in an attempt to account for reportedly missing merchandise. In a separate incident, Johns is accused of loading merchandise into a customer's vehicle with a value of $150 and failing to turn funds over to the business.

Joseph James Lloyd, 40, of 100th Street, Niagara Falls, NY, is charged with grand larceny, 3rd. Lloyd, operating as M. Franklin Home Improvement, Inc., is accused of accepting a payment of $15,000 from a Town of Pembroke resident in October 2010 to build a garage on her property, but Lloyd allegedly failed to use any of the money towards the project.

Matthew C. Higgins, 29, of 2823 Graney Road, Caledonia, is charged with felony DWI. Higgins was taken into custody by Le Roy Police after a concerned citizen initially reported an occupied vehicle parked in the driving lane of Perry Road just south of Route 20. When the citizen approached the vehicle, the driver took off north on Perry and continued into the village. A car reportedly driven by Higgins was stopped on East Main Street in the village after allegedly failing to keep right. Higgins was jailed on $5,000 bail.

Seokjoon Suh, 25, of Batavia Stafford Townline Road, Batavia, is charged with criminal possession of a weapon, 4th. Suh is accused of possessing a collapsible baton while at College Village.

Cody James Sundown, 21, of Skye Road, Tonawanda, was turned over to the Genesee County Sheriff's Office by the Niagara County Sheriff's Office on a bench warrant out of the Town of Pembroke for criminal mischief, 3rd. Bail was set at $750 or $5,000 bond.

Robert Lee Williams, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Williams is accused of violating an order of protection by going to the place of employment of the protected party. The order specifically barred Williams from going to that business location.

Post introduces 'protest' measure to send message to Albany about tax cap

By Howard B. Owens

Greg Post, supervisor for the Town of Batavia, which currently has no town property tax, is tempted to announce a 50-percent increase in the tax levy.

For those who haven't done that kind of ciphering in a few years, 0 x 50 percent = 0.

But Post is rather irritated with Albany and the state legislature's passage of a 2-percent cap on property taxes without corresponding mandate relief.

Mandates include increases in health care costs for employees, an increase in power rates without local input, and an increase in pension benefits.

Meanwhile, many local governments are facing problems with aging infrastructure -- infrastructure that needs to be in good repair to attract jobs and retain businesses and help emergency responders get to where they need to go.

Albany, Post, said, should just butt out of local government.

"I’m perfectly capable, as is my board, of making decisions," Post said. "Whether they’re good decisions or not can be judged by the community. The community can show up here at public hearings and voice their concerns and if they don't like our decisions they can vote us out of office."

For the most part, Post said, the small towns and villages of Upstate New York are fiscally conservative and do a good job of holding down expenses. Albany, he said, has no idea how to run a town in Western New York and shouldn't even try.

But some towns have put off infrastructure repairs and their needs are getting critical.

He said he knew of one town that wanted to raise its tax levy 20 percent, which would have meant only a $20 increase in the average property tax bill.

But because of the tax cap, the board is faced with a tough decision -- take a special vote to override the cap, or not go out and get the revenue it needs for the town to survive.

Post sees the levy as a trap laid by Democrats in Albany to force conservatives in small towns in Upstate New York out of office. 

Uninformed voters, he said, will likely vote out of office any official who votes to override the cap, and they will be replaced by less fiscally responsible, less experienced officials.

That's why, he said, he introduced a local law for the Town of Batavia to override the cap. Even though Post has no intention of allowing a tax increase to go through, passage of an override measure is a protest against the heavy-handedness of Albany.

He hopes it will provide cover for those jurisdictions that really do need to override the cap.

He said he plans to introduce the same measure every year that he's in office so long as Albany refuses to pass meaningful mandate relief.

On Wednesday, the town board unanimously approved a public hearing on the proposed local law. The hearing is set for Nov. 9.

Photo: Tattered flag on Rose Road

By Howard B. Owens

When I left the office late this afternoon, the clouds and shafts of light cutting through them looked pretty awesome and I started thinking about what sort of picture I could make on limited time. I remembered a barn on Pearl Street Road that I've never gotten a good shot of and thought of the clouds and light behind it. So I drove out there, and I was right. It could have been a great photo. Unfortunately, the owners had parked a high lift right in front of it. That just wouldn't do. So I kept going and circled back to the city by way of Upton Road and Rose Road. On Rose, a potential advertiser called me, so I pulled over to chat -- with this flag right in front of me. "There's a possible picture," I thought.

Photo: Independent Living candidates forum

By Howard B. Owens

District 1 Legislator Ed Dejaneiro spoke at the YWCA this afternoon as part of a candidates forum sponsored by Independent Living of the Genesee Region.  According to James Moody, 14 candidates for city and county offices appeared at the forum. Each candidate was given a chance to make a presentation and then answer questions from the audience. The forum was not a debate. Moody said the forum gives candidates a chance to learn about the rights of people with disabilities and the needs of the community. "We feel it's important for people with disabilities to get a chance to ask candidates questions."

Photo: Sen. Ranzenhofer visits area farmers

By Howard B. Owens

Sen. Mike Ranzenhofer is using his time away from Albany -- the legislature is out of session -- to meet constituents and visit local businesses.

Today, Ranzenhofer did an ag tour in Genesee County, visiting Kreher’s Organic Egg Farm in Basom, Torry Farms in Elba and Offhaus Farms in Batavia.

Above, Gordy Offhaus talks with Ranzenhofer about dairy cattle.

City gets 'positive outlook' on improved fiscal health

By Howard B. Owens

Moody's -- the bond-rating agency -- likes Batavia.

Maybe not as much as they could -- the city's bond rating was downgraded in 2005 from A1 to A2 and remains there -- but a series of fiscal reforms caused the agency to issue a "positive outlook" for the city.

"It should be seen as good news," City Manager Jason Molino said. "They're saying, not only have you achieved the goals you set out to do, you achieved them sooner than you expected. In 2006, the city council set out to pay back all deficits by 2012. They did it by 2010."

Not that there aren't areas of concern for Moody's.

First, the fund balance isn't as high as it should be for a fiscially healthy municipality, and the unresolved contract with the Police Benevolent Association is a cause for concern.

Those two items are prime reason the city isn't getting back, just yet, it's A1 rating.

A municipal bond rating is like a credit score for personal finances.

In 2005, Moody's knocked the city for operating defcits four out of five years, negative general fund balance, high amount of delinquent property taxes, excessive police and fire overtime and the fact that the city's largest revenue source was sales tax.

Now, Moody's is praising the city for operating surpluses in all funds the past four consecutive years, eliminating certain kinds of municipal borrowing, and making progress on equipment and infrastructure projects. Plus, Moody's notes that in 2009 the city had the first positive undesignated fund balance since 2004.

"What they're saying," Molino said, "is that here in the past we faced challenges, in the not-too-distant past, but what the city council did, what we did as a community, is achieve transformative change."

Photo: Kiwanis Pancake Day set for Oct. 29

By Howard B. Owens

Members of Batavia Kiwanis are gearing up to serve pancakes at the club's annual Pancake Day breakfast Oct. 29 at the Presbyterian Church in Batavia. Breakfast is from 7 a.m. to 2 p.m. Tickets are $5 for adults, $3 for children 10 and under and $3 for seniors, 62 and over.

Photos: Restoration work under way at First Presbyterian Church

By Howard B. Owens

Workers have been busy the past few days chiseling out the mortar between the bricks of the First Presbyterian Church on East Main Street, Batavia, in preparation for replacing the mortar.

The project is one of many being undertaken by the church as part of a $650,000 capital improvement project, according to Pastor Roula Alkhouri.

The money was raised during a fundraising drive this spring.

Projects include renovating the fellowship hall, asbestos removal from the basement, work on the foundation and repaving the parking lot, among several other projects to help preserve the building.

Driver who allegedly took out pole on South Jackson on Tuesday morning charged with DWI

By Howard B. Owens

A driver involved in a single-car accident shortly after 2 a.m., Tuesday, that destroyed a telephone pole on South Jackson Street has been charged with DWI.

David M. Hagen, 23, of 22 Williams St., Batavia, faces additional charges of failure to keep right, passing a stop sign, leaving the scene of an accident and unlawful possession of marijuana.

Police located Hagan at his residence after he fled the scene on foot. When he returned about 15 minutes later, he immediately started picking up some sports equipment that had been thrown from the car. He told an officer, "I didn't think I was going that fast, but I guess I was."

Hagen, who complained of back pain and was transported to a hospital by his mother, was arrested by Officer Eric Dibble once Dibble completed his investigation.

Following arraignment in Batavia City Court, Hagen was released and is scheduled to reappear in court on Nov. 9.

(Initial Report)

Even as land purchase being made, there's no real plan to consolidate Batavia, Oakfield, Elba courts

By Howard B. Owens

Within days, the Town of Batavia will complete the purchase of 19 acres of land from the City of Batavia ostensibly to clear the way for a new courts facility.

The facility, the story line has gone, would enable the Town of Batavia to merge court functions with the towns of Oakfield and Elba.

What has been little known while this process has gone forward is that neither Oakfield nor Elba ever agreed to such a court consolidation.

In fact, the Oakfield Town Board voted several months ago to reject court consolidation with Batavia.

As for Elba, the board has never taken action to either approve or disapprove consolidation, but the town did apply for and receive a $10,000 state grant to remodel its court bench a year ago and invested another $5,000 of town money in other courtroom upgrades.

Greg Post, supervisor for the Town of Batavia, said that two years ago, when the project was first proposed, there was more momentum behind the idea of consolidation, but over time the other towns have shifted gears.

It's not even a project, he said, that he's paid much attention to recently.

"It's off the top of the pile of my (to-do) list," Post said. "I have a fire district contract to deal with, a budget, infrastructure issues, Alpina coming in. This is something that will be considered in time, but I have other projects to deal with."

Although it's not at the top of Post's to-do list, it is apparently high on the town attorney's list.

On Tuesday, Batavia City Manager Jason Moliono said he had spoke with the town's attorney that day.

"I've been corresponding with the attorney and everything seems to be in place for us to sign the purchase agreement in the next couple of days and then proceed to escrow," Molino said.

The town is paying $150,000 for the property and one of the conditions of the purchase is that the town build a $140,000 sidewalk on Park Road and Richmond Avenue.

At a time when the idea of consolidation between the town and city is still, at least technically, an unresolved issue, City Council President Marianne Clattenburg -- the only council member to vote against selling the 19 acres to the town -- questions why the project has proceeded as far as it has.

She had no idea until Tuesday evening that neither Oakfield nor Elba had signed off on a court consolidation proposal.

"The wise course of action is to put these plans on hold until the citizens vote on consolidation," Clattenburg said. "Why expend any amount of dollars on this until then?"

The city has a fairly new court in the Genesee County Court building on at 10 W. Main St.

Post said that with or without consolidation, the town needs a new court facility.  The current Town Hall, opened about seven years ago, is running out of office space, Post said.

The town board considered expanding the building, but decided it made more sense to build a new court facility.

"I feel strongly that unless something has changed that I don't know about, we will need to expand  space for our courts and it would be beneficial for our communities," Post said.

About the time the town was making its decision to build a new court facility, Post said he heard that Oakfield and Elba had talked about consolidating. He said it made sense to offer those towns the opportunity to move its courts to the new town court building.

In this same time period, Post said, he heard the chamber of commerce was looking for a new facility, so space was offered to the chamber as well.

The site selected is bounded on two sides by Park Road and just west of Oak Street. It's a wetlands area with an open pond popular with ducks and geese that is nearly hidden from view and hard for people to access. The city acquired the land from the federal government in 1968 and in order to get approval from the Veterans Administration to buy the land, the town had to agree to protect and mitigate the wetlands and build the sidewalks on Park and Richmond.

"We elected to make the purchase and offer the facility up to other communities as an opportunity," Post said.

While Oakfield Town Supervisor Micheal Cianfrini believes town court consolidation is likely and even beneficial, Oakfield, he said, will not consolidate with Batavia.

He said the town board decided Batavia wasn't a good fit with Oakfield. It would make more sense, he said, to consolidate with towns closer to Oakfield's size, such as Alabama and Elba.

Accident reported at Jackson and Ellicott

By Howard B. Owens

An accident has been reported at the intersection of Jackson and Ellicott streets.

A victim reportedly has glass in his eye.

City Fire Department and Mercy EMS responding.

UMMC Foundation names annual Health and Humanitarian Award winner

By Howard B. Owens

Press release:

The 28th annual Health and Humanitarian Award of Genesee County will be presented to Dorothy M. Baker on Friday, Dec. 2 at an awards luncheon at Terry Hills Restaurant. The award presented by The Jerome Foundation and United Memorial Medical Center Foundation recognizes volunteer men and women of Genesee County who have helped promote emotional, physical and spiritual well-being of the area’s residents.

In naming Dorothy Baker for this year’s award, the foundations will recognize her volunteer efforts and leadership at The Jerome Center Gift Shop and Kiosk, Genesee County Tourism Information Booth, Office of the Aging, Veterans Administration, and St. Joseph’s Church. Dorian Ely, coordinator of the RSVP Program of Genesee County, keeps a record of volunteer service by retired seniors.

“Dorothy logged 1,750 hours of service in 2010, bringing an exemplary sense of responsibility to her volunteer service," Ely said.

Since 1987, Baker has helped improve Genesee County’s economic health by volunteering at the Tourism Information Booth, providing information, direction and recommendations to visitors.

“Many visitors have a better impression of Genesee County because of Dorothy’s friendliness and knowledge of the area," said Dawn Ireland-Monsees, Genesee County tourism information coordinator in her letter nominating Dorothy for the Health and Humanitarian Award. "She is a great ambassador for our county and its residents."

At the VA Western New York Healthcare System, Baker regularly serves as a wheelchair escort on outings for veterans. At the Genesee County Office of the Aging, a senior citizen meal site, she helps serve seniors meals and provides needed socialization.

“Most dear to her heart is her volunteer service at The Jerome Center Gift Shop and Kiosk where she begins volunteering most mornings at 7 a.m. and has done so for years”, said Mary Barbeau, a friend and fellow volunteer.

Profits from the gift shop and food kiosk benefit United Memorial Medical Center.

The Health and Humanitarian Award luncheon is open to the public.  Reservations can be made by contacting United Memorial Medical Center Foundation at 344-5300. Seating will be limited so early reservations are encouraged.

Batavia Schools Report: Minutes of the Oct. 17 meeting

By Howard B. Owens

Released by the school district:

Highlights from the BCSD Board of Education meeting on Oct. 17, 2011, include the following:

One Vote Each Day Can Yield $50,000 for Music Department

Student Ex-officio Board Member Taylor Harkness reported on an opportunity for the district’s music department to win up to $50,000 by having people vote at least once each day through early November for a quartet from the district’s student ensemble, The Batavia Blue Belles.

Citing drastic cuts to education, Twentieth Century Fox Home Entertainment LLC, Ryan Murphy (the creator of GLEE), and the National Association for Music Education teamed up to create a music-celebrating contest to support music education to the tune of $1 million. The Blue Belles -- including members Melzie Case, Sarah DiBacco, Catherine McAllister, and Catherine Taylor, working under the direction of district vocal teacher Daniel Grillo -- entered the nationwide contest to compete for one of three Grand Prizes for $50,000 each. There are also 10 First Prizes for $25,000 each and 60 Second Prizes for $10,000 each.

Winning is based on public vote, and all community members (as well as other family and friends who would like to support the music department) can vote for The Blue Belles once per day per computer IP address until Nov. 7. To vote, go to www.gleegiveanote.com, click on “VOTE NOW”, type in “BATAVIA HIGH SCHOOL” in the box for entering school name, click on the video clip of the Batavia Blue Belles, and click “VOTE”. Winners will be announced Dec. 15.

Parent Shares Concern Regarding Consolidation

While acknowledging that the Board of Education and administrators have been responsive to hearing parents' and residents' concerns about consolidation proposals and thanking them for their consideration, as well as the decision to postpone a vote on the proposal until March 2012, one parent attended the meeting to urge board members not to vote for any proposal that would include moving fifth-grade students to the middle school. Stating that she had spoken to various individuals who work with youth and with troubled youth, she believes, overall, it is not beneficial to the fifth-graders to be moved to the middle school.

Click on the headline above to read full report

Board Vacancy Applications Received

Superintendent of Schools Margaret Puzio publicly thanked Andy Pedro for his years of work for the students and community through his service on the Board of Education, which will end on Nov. 1. The ensuing vacancy to finish out his term (through June 30, 2012) has been announced, with five individuals expressing interest in the position.

Those applicants are: Phil Ricci, Alfred McGinnis, Dennis Warner, Raymond Walker and Rodney Brinkman. The board plans on reviewing each application and interviewing all five individuals on or about Monday, Oct. 24 so that a timely decision can be made.

Changes to Budget Voting Procedure

In response to parents’ requests voiced at several public meetings, the board approved a plan presented by business administrator Scott Rozanski to change polling hours for the district’s annual vote on proposed budgets and board member elections. Rather than being open from noon to 9 p.m., polls will be open from 7 a.m. until 9 p.m. Parents had said that earlier polling hours would help accommodate work schedules.

In addition, Mr. Rozanski proposed that the number of polling places for the budget vote also be revised for greater cost efficiency. Instead of three polling places (Robert Morris Elementary, Batavia Middle School, and Jackson Elementary), he proposed that there be two, and that those locations would be Batavia High School and John Kennedy Elementary. Both BHS and JK, he noted, have better parking and ease of access, and redrawing voting districts to assign a voting location should be a simple process. Once done, the proposal can be brought back to the board for a vote. Board Member Pat Burk suggested that all Town of Batavia residents vote at one location, as he has observed much confusion through the years as to how their proper voting site is determined.

External Audit Report

David Mancuso of Freed Maxick & Battaglia, CPXs, PC, presented a summary of their audit of the basic financial statements of the district for the fiscal year that ended June 30, 2011, indicating that there were no significant, unusual, or controversial transactions or accounting practices.

Some specific points from the report and presentation follow.

The district currently maintains an A1 credit rating from Moody’s Credit Corporation, which is among the highest in Genesee County.

Amid uncertain economic times, the district has been successful in efforts to spend and budget conservatively, as well as to plan for the long term by setting funds aside in reserve for specific areas of concern: unemployment insurance, NYS employees retirement, repairs, and employee benefit liability. In an economic climate where the future is likely to see reduced state aid as well as increased expenses, continued economic conservatism is to be encouraged.

The district has been able to have a minor tax levy over the past five years, averaging .5 percent, while at the same time maintaining most of the educational program offerings.

The district finished the year with an unexpected general fund surplus of approximately $730,000. This was primarily due to conservative budget estimates in difficult-to-predict categories such as to special education services, foster care tuition, and utilities; being able to cover some budgeted payroll costs with money from grants; savings in transportation that were achieved by bidding out and consolidating routes. The district was able to put this money into unemployment reserves to help with current and future staff reductions.

The audit also noted that the approval for the transfer of the above-mentioned surplus to the reserve fund was secured after the official state deadline of June 30 (when the fiscal year ended). The recommendation for the future was to have to obtain the necessary open-ended authorization before the deadline.

The unassigned fund balance (formerly referred to as undesignated fund balance) of the district’s general fund was $1,443,354 and this amount was within the state’s limit of 4 percent of the ensuing year’s budget, excluding of the amount designated for the subsequent year’s budget.

Two items related to the fundraising for extracurricular activities which pose difficulty for most school districts are (1) there being no irrefutable accountability for student fundraising activities from the time a student collects the donation or payment from a donor/customer until the money gets delivered to the dstrict; and (2) a recommendation that student organizations be treated as small businesses and have members prepare a program outline similar to a business plan at the beginning of the school year for approval. The outline would include projected expenses for and profits from events, and plans for the accumulated funds. Then, as each event is completed, a profit/loss analysis should be filed.

The complete report will be available on the district’s website (www.bataviacsd.org) : go to the “District” tab for a drop-down menu, scroll down and click on “Business Office”, click on “Financial Reports,” then scroll down to the appropriate report.

Legislative Items to be Addressed at School Boards Convention

Board Member Pat Burk, who is also a Resolutions Committee member for the NYS School Boards Association (NYSSBA), presented the 2011 Proposed Resolutions and Voting Delegate’s Guide for the Annual Business Meeting of the NYSSBA. He asked board members to review all of the proposals and respond to him with their comments and recommendations before he votes at the NYSSBA meeting in late October.

While much greater detail is available on the NYSSBA website (www.nyssba.org), the proposed resolutions listed below provide a quick guide to the scope of concerns and challenges facing NYS boards of education:

Tuition Tax Credit and Educational Vouchers -- to oppose legislation at the state and/or federal level that would provide tuition tax credits or educational vouchers for private or parochial schools.

Standards for Education Funding Reform -- to demand that the New York State Legislature act now to reform the state education funding system in a manner that provides for:
•       Adequacy – to provide sufficient resources to assure the opportunity for a sound basic education for all students.
•       Equity – to distribute a foundation level of state aid for every student that is based on the actual cost of providing a sound basic education that fairly compensates for differences in community costs, needs and resources. The legislature should preclude municipalities from using state aid to replace local education resources.
•       Flexibility – to increase the percentage of operating aid so that boards of education retain the discretion to determine what educational programs best address local needs. Local communities should not be restrained from determining the level of funding they will expend to support educational programs.
•       Predictability – to provide timely passage of the state budget and stable funding distributed through a consistent, uniformly applied formula that would not require annual manipulation by the legislature and that would facilitate long-term planning by school districts.
•       Clarity – to establish a funding formula that is easily explained and understood.

Principles of 21st Century Retirement Benefits -- to seek legislation based on the following Principles of 21st Century Retirement Benefits: Portability, Predictability, Affordability, Flexibility, and Acceptable Risk.

Pension Contribution Reserve Funds -- to support legislation amending Chapter 260 of the Laws of 2004 to permit boards of education and boards of cooperative educational services to establish pension contribution reserve funds for all employees and to authorize such boards to deposit surplus monies into such funds.

State Share of District Superintendent Salary -- to support the continued appropriation of the state share of the district superintendent’s salary.

Reserve Fund for Other Post-Employment Benefits -- to seek legislation authorizing school districts to create a new reserve fund to finance Other Post-Employment Benefits (OPEB) as envisioned under Governmental Accounting Standards Board (GASB) Statement 45.

District Superintendent Salary Cap -- to seek legislation amending Education Law Section 1950(4)(a) to repeal the limitation on the Board of Cooperative Educational Services (BOCES) district superintendents’ salaries.

Technological Consolidation -- in support of the use of video conferencing, online learning and other digital technologies to achieve greater efficiency in school district organization. These efforts will include, but not be limited to: a) the use of State Education Department (SED) reorganization feasibility study grants for use by school districts wishing to compare “cyber-consolidation” to physical consolidation; and b) the use of reorganization aid to help offset the costs of the technology infrastructure necessary for districts to consolidate educational services in this manner.

School District Retirement Contributions -- to seek legislation to create new pension tiers of the state Employees’ Retirement System and Teachers’ Retirement System that would provide the predictability and affordability that would limit school district contributions.

Performance Pay for Teachers -- to seek legislation to change the current system of teacher compensation in favor of a system where teachers are compensated for meeting local performance benchmarks.

Change in Tax Collection Schedule -- to support legislation which would permit school tax collection schedule(s) to be adjusted to minimize the need for school district borrowing so as to permit tax collections to coincide with encumbrances that are incurred by such school districts.

Cooperative Purchasing for School Districts -- to seek legislation to authorize school districts and other local municipalities the ability to purchase through national purchasing cooperatives.

Teacher Layoff Rules -- to seek legislation that would limit teacher seniority in determining the process of teacher layoffs.

Civil Service Law Reform -- to seek and support legislation amending the New York State Civil Service Law so that it is more responsive to the current needs of school districts and the Board of Cooperative Educational Services (BOCES), including, but not limited to: increasing disciplinary options; updating tests and specification books; creating more flexibility in hiring lists; providing lists in electronic form; and increasing probationary periods.

Employee and Retiree Health Care Contributions -- to seek legislation requiring current and retired school employees to contribute at least 15 percent of the cost of individual health care coverage and at least 25 percent of the cost of family health care coverage.

Conforming Special Education to Federal Requirements -- to seek legislation to limit state special education mandates to those required by the federal government.

Placement of Students with a Disability -- to support efforts, and recommend legislation and/or regulations, to ensure that the New York State Education Department (SED) facilitates the ability of school districts to locate out-of-state placements for the appropriate placement of students with a disability when no SED-approved residential school may be determined as appropriate from the list of SED-approved schools.

Teacher Retirement and Health Care Reserve Funds -- to seek legislation to authorize school districts to create dedicated reserve funds to help offset the costs of teacher pensions and retiree healthcare costs.

Core Principles of Education Policy -- in support of state proposals affecting public education be evaluated according to the following core principles: provide access to programs that prepare students to be college and career ready; achieve equity and adequacy in funding; promote efficiency and cost-effectiveness; advance high expectations for all students; embrace innovative approaches; and foster community engagement and regional cooperation.

Law and Order: Two arrested in Le Roy, accused of burglary

By Howard B. Owens

John M. Forte, 23, of 4898 Ridge Road, Williamson, is charged with burglary, 3rd. Forte is accused of forceably entering a business in the Village of Le Roy on or about Nov. 8 and stealing copper from the basement of the building.

Eric Bratcher, 22, of 7 ½ North St., Le Roy, is charged with burglary, 2nd, and petit larceny. Bratcher is accused of entering the residence of a friend over the weekend and stealing a game system and games. Bratcher was arraigned and released under supervision of Genesee Justice.

Marianne Dawson, 50, 20 N. Spruce St., Batavia, is charged with DWI. Dawson was charged with DWI. Dawson was arrested at 5:18 p.m. Monday on Seneca Avenue by Officer Kevin DeFelice.

A 16-year-old resident of Snipery Road, Darien, is charged with criminal contempt, 2nd. The youth got into an argument with her parents about getting ready and going to school. She allegedly became verbally abusive and threw an item at her father. Family Court had issued an order of protection requiring her not to engage in offensive conduct toward her parents. The youth was released after arraignment and transported to school.

Darleen Angie McComb, 53, of Lake Street, Le Roy, is charged with petit larceny. McComb is accused of stealing a $30 pair of boots from R and D Outlet Center on Clinton Street Road, Stafford.

Basillo Martinez, 48, of Clinton Street Road, Bergen, was arrested on a bench warrant for alleged criminal possession of stolen property and criminal possession of a weapon.

Jeffrey Allen Good, 36, of Route 98, Alexander, is charged with criminal possession of a controlled substance, 7th, criminal use/possession of a hypodermic instrument and criminal use of drug paraphernalia. Good was allegedly found by his probation officer in possession of heroin in packaging along with hypodermic needles while in his home. Good was taken into custody by Deputy Brian Thompson. Good was jailed on $5,000 bail.

John Cheston Townley, 36, of Liberty Street, Bliss, was arrested on a bench warrant for DWI. Townley had been incarcerated on unrelated charges in Wyoming County.

Car reportedly strikes pole on South Jackson Street

By Howard B. Owens

A car has reportedly struck a pole in the area of 309 S. Jackson St., Batavia.

Unknown injuries.

Wires are down on the road.

City Fire Department and Mercy EMS responding. Law enforcement on scene.

UPDATE 2:19 a.m.: The driver reportedly fled the scene. The only description is he was wearing a sweatshirt.  He ran east on South Jackson.

UPDATE 3:26 a.m.: The alleged driver returned to the scene. He immediately started picking up his sporting equipment strewn in the road until a police officer came over and began an interview with him. The driver said he left the scene because he panicked. He said he didn't think he was going that fast, "but obviously I was." Adding, "my car is totaled." After a brief chat with police officers, he was examined by Mercy medics. He complained of back pain. He was transported by private vehicle to UMMC where he will be questioned further.  National Grid arrived on scene just before 3 a.m. City firefighters cleared the scene at 3:20 a.m. The pole replacement work is expected to take several hours. The identity of the driver has not been released yet.


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Alleged burglar reportedly falls, hurts head, ambulance dispatched

By Howard B. Owens

A Mercy EMS ambulance is being dispatched to the scene of an alleged attempted burglary where the would-be female burglar reportedly fell and hit her head.

She is semi-conscious.

Batavia PD is just arriving on scene at the Seneca Avenue residence.

Man wanted on three warrants arrested after brief pursuit

By Howard B. Owens

Batavia PD responded to a 9-1-1 call this morning reporting a domestic disturbance at 110 Walnut St. and when officers arrived, one of the people allegedly involved in the disturbance fled the scene.

The subject was seen heading into the woods behind the house.

Joshua A. Harris, 22, of no permanent address, was taken into custody by Batavia officers after a short pursuit. Deputy Brian Thompson and his K-9 "Pharoah" assisted in the search.

Harris was wanted on three warrants related to charges of criminal contempt, 2nd.

This morning Harris was charged with obstructing governmental administration and resisting arrest.

Batavia Animal Hospital sold to Perry Veterinary Group

By Howard B. Owens

Press release:

The partners of the Perry Veterinary Clinic, PLLC, have purchased the Batavia Animal Hospital from Dr. Raymond Pray.  The transfer was effective Oct. 1, 2011.

The Batavia Animal Hospital was founded by Drs. Jack E. Wilkes and Irving W. Wiswall in 1955 on Lewiston Road. In 1958 it moved to its current location on W. Main St. Road. In 1961, Dr. Pray joined the practice and purchased it in 1974.

The Perry Veterinary Group includes 28 veterinarians with additional small animal clinics in Perry, Livonia and Yorkshire (Arcade). In addition, it provides veterinary services to dairy, equine and other farm animals in a 13-county area.

Dr. Pray and his associate veterinarians are continuing to practice at the Batavia Animal Hospital. Dr. Pray said that he is looking forward to the new arrangement which will allow him more free time while providing the opportunity to continue practicing veterinary medicine. He also stated that he was happy to see the clinic moving forward and knows that the clients that have supported him for many years will continue to receive excellent veterinary care for their pets from the Perry group.

Dr. Stephen Stoddard, senior managing partner, for Perry Veterinary Clinic stated: “The Partners are delighted with the purchase of the Batavia Animal Hospital. Dr. Pray and his associates have excellent reputations and we look forward to working with them. The Perry Veterinary group has long had a significant presence in Genesee County with residents from the Southeast corner of the county coming to our Perry clinic for their pets medical care. In addition, the practice is currently servicing dairy, equine and livestock clients in Genesee County. The Batavia Animal Hospital is a natural fit and we are excited about the opportunity it presents.”

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