Stories from

This week in Albany, Assemblyman Steve Hawley has been busy lobbying the governor and other lawmakers to rescind a plan requiring all residents to get new vehicle license plates next spring.

Opponents of the DMV plan, like Hawley, say it's a blatant money-grab by a budget-challenged state at taxpayers' expense. Firstly, they argue, we do not need new license plates. Secondly, this plan is, basically, a tax, something New York has plenty of already.

In a press release, Hawley said "In rural areas, like in Western New York, it is a necessity to drive: to buy food, to get to work. This license plate plan is just another tax on residents in communities like ours. This plan does not impact New York City residents, it affects us."

He asked that it be repealed immediately as a "sign of good faith" that those in Albany are listening to the residents of Western New York and other upstate regions.

"It is not enough for the Governor and legislative leaders to 'rein in spending' by making last minute budget cuts," according to Hawley. "They must cut the excessive burden they have placed on the backs of taxpayers..."

Ricky Palermo has spent nearly 30 years working tirelessly to help find a cure for spinal-cord injuries.

On Dec. 4, UMMC and the Jerome Foundation will recognize his efforts when he is given the 25th Annual Health and Humanitarian Award at a luncheon at Terry Hills Restaurant in Batavia.

Both foundations are honoring Palermo for three decades as a national research participant, and for his regional advocacy and local fundraising on behalf of curing spinal-cord injuries.

Wes Audsley, CEO of Genesee/Wyoming counties' YMCAs, cited Palermo's tireless efforts to find a cure for spinal-cord injuries when choosing him as a nominee. Palermo was injured 28 years ago in an accident which left him paralyzed from mid-chest down.

"This humble man has contacts and influence in all corners of our community, based solely on the content of his character and the sincerity of his work. Everyone takes Ricky's call, everyone contributes to Ricky's cause, and everyone feels better for the experience of knowing and working with Ricky," said Audsley in a press release.

The Miami Project is the world's most comprehensive spinal-cord injury research center and is based at the University of Miami's Miller School of Medicine. It was the inspiration for Palermo's drive to raise funds and awareness for those with spinal-cord injuries.

In 1997, Palermo and his family started the Ricky Palermo Foundation. Since then, it has raised $500,000 in support of the Miami Project, United Memorial Medical Center and the Genesee/Wyoming counties' YMCAs.

Palermo is a member of the Board of Directors of the Genesee County YMCA, where he has developed an exercise program for those with spinal-cord injuries. His foundation offers free rehabilitative exercise opportunities for people suffering from paralysis, regardless of the level of injury. It also offers counseling and hope, says Audsley. The program is funded by contributions to Palermo's foundation.

The Health and Humanitarian Luncheon is open to the public. Reservations can be made by contacting the United Memorial Medical Center Foundation at 344-5301. Seating will be limited so early reservations are recommended.

I'm Phoebe, a fine-looking, female pit-bull terrier. Although I was found as a stray, I am good on a leash and good in the car.

All my newfound friends here say I'm sooo fun and playful. Just look at my perky ears and how healthy I am! I like to show you affection and give hugs by wrapping my front legs around your neck. But what sets me apart from many of my peers, is my super-duper sweetness -- something I hear a lot. Love it! I'm in Kennel 24. Hugs and kisses, kisses.

I need your love! Now. I somehow wound up here, very "malnourished," which is to say I was starving. On top of that, I had a badly infected eye. I'm coming along, though. I'm not starving anymore. My eye has healed but I am blind in my right eye.

I'm a little tiny tiger and they've named me Gypsy. I need a loving family who will give me some extra TLC so I can grow up to be a strong, beautiful companion. I'll be looking for you, with my good eye, in Cage 60.

The perenially popular fairy tale of "Cinderella" comes to life beginning 7:30 p.m. Thursday, the opening of the 61st annual Rotary Club of Batavia Musical.

The Rodgers and Hammerstein classic will also be performed Friday and Saturday night at 7:30 and there's a matinee at 2 on Sunday, Nov. 8.

The production is directed by Patrick D. Burk and takes place in the Batavia High School Auditorium, located at 260 State St., in the City of Batavia.

Tickets are $16, available online at <bataviarotary dot com> or at Hawley & Associates Insurance Center, 260 State St. in downtown Batavia, Lawley Genesee in Jefferson Square, or at the door.

More than 40 friends, students, associates, neighbors, citizens, Americans and so forth have put countless hours and great effort into bringing the community this enchanting story. Ditto dozens more in the orchestra and production crew.

It's very much a family show and little ones are welcome -- encouraged -- to come dressed in a befitting costume.

This stage performance of "Cinderella" is one-hour-45-minutes long and has a happy ending, but there's soooo much to keep you entertained until then!

"Once upon a time there was a young maiden named Cinderella, who lived with her wicked stepmother and two wicked stepsisters..."

You are cordially invited to come reimagine the magic, timeless tale of romance-against-the-odds. And invite someone you care about.

Both photos were taken during rehearsals and provided by the Batavia Rotary Club.

Le Roy firefighters are responding to a report of a tractor-trailer fire at Ontario Service Center, 8700 Vallance Road in Le Roy.

Pavilion firefighters are on standby.

UPDATE: 10:25 p.m.: Auxiliary personnel have been requested, too.

UPDATE: 11:47 p.m.: Mission acccomplished; Le Roy responders back in service.

Figures aren't in yet, but absenteeism seems to be up at Batavia-area schools, and it appears that many of the children who are missing school are sick, possibly with H1N1.

At Robert Morris Elementary School, a "spike" in absenteeism occurred last week when 25 percent of its students were absent on one or more days. Batavia Middle School, according to parents who have contacted The Batavian, has also seen a jump in flu-related absences.

Hundreds of kids in Batavia are either at home coping with the nasty gamut of flu-like symptoms, or they are being kept home by anxious caregivers who are taking every precaution to keep their children healthy.

Batavia City School Superintendent Margaret Puzio said today that on Friday she will have week-to-week comparison figures for absences at the schools.

"Absences are a bit higher and I understand parents are concerned about sick kids," Puzio said. "But the best defense is to handle this as you would any flu. The symptoms are fairly mild. We're not doing anything differently than we normally do during flu season, except cleaning on a daily basis."

If a child exhibits flu-like symptoms, he or she is sent home. It they are already sick, they should not attend school. If he or she misses several days of school, the guidance counselors are notified and they contact the home. If need be, they notify the teacher and a packet of learning materials is put together for a parent to pick up.

But some parents say there's a lack of communication from schools concerning the H1N1 virus and, in the void, some panic is beginning to set in.

"I am the father of an 8th grader at Batavia Middle School," complained one man, who did not want to be identified. "There may be hundreds of children with this virus and no phone calls or letters from the school. My child is seriously sick and all of his close friends."

He said he doesn't think parents are getting enough information from schools to decide if it's safe to send them there.

This winsome lass is a real winner. Her name is Winnie and she's an adult, spayed beagle. She is said to be good on a leash and good with other dogs.

Her temporary caretakers say: "Winnie loves people, other dogs and being outside. She also thinks she's a lap dog -- so watch out! This girl has quite a nose -- she loves sniffing, and barking at whatever she's sniffing."

Adorable! She's in Kennel 20.

Here are Scotty and Davey, black, beautiful and quite the dapper duo.

Their mom was sick after having them, so they had to be hand fed. They were oh-so-lucky to have a great foster family to take such wonderful care of them. They are now both neutered. Ask about them at the Desk.

Volunteers For Animals
P.O. Box 1621
Batavia, NY 14021
www.vol4animals.org <http://www.vol4animals.org>

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main St. Road
Batavia, NY 14020
(585) 343-6410

Adoption Hours:
Sunday through Friday: 1 to 3 p.m. (closed on Thursdays)
Wednesday: 7 to 9 p.m.
Saturday: 11 a.m. to 1 p.m.
 

A motor vehicle accident involving a pedestrian was reported at 9:04 p.m. at East Main and Swan streets in the City of Batavia. At 9:06 p.m., a medic crew and police were on scene.

UPDATE: 9:21 p.m.: a female pedestrian is reported to have minor abrasions and lacerations on her hands as a result of the accident. She is being transported to UMMC via ambulance.

The spread of H1N1 flu virus has prompted a change in the visiting policy at United Memorial Medical Center.

As a result, starting this week no one under the age of 18 is allowed to visit patients. Heretofore, as with many hospitals, visitors had to be at least 14 years old, although there was flexibility and reasonable exceptions were made.

"We're becoming more restrictive about visitors -- it's for patient safety," said UMMC spokeswoman Colleen Flynn. "We don't want them to become infected. The virus can be especially harmful to a patient with an already compromised immune system."

Also under the new policy, there can only be two visitors per patient at any given time and visiting hours are from 9 a.m. to 9 p.m.. Certain units, such as intensive care and pediatrics, may have more time restrictions.

Maternity patients are only allowed visits from their spouse or significant other, and grandparents. Exceptions are considered on a case-by-case basis by the nursing supervisor on duty.

Any visitor showing signs of infectious disease, such as a bad cough, will be asked to leave and given a mask to wear on their way out of the hospital.

"We are taking reasonable measures to protect patients, which is our number one priority," Flynn said.

All UMMC healthcare workers have been getting on-site H1N1 vaccinations, which were mandatory. That requirement was lifted, except for those with direct patient contact, which are innoculated first.

The H1N1 virus has been declared a national pandemic. As with other flu viruses, a person can be infected and contagious for 24 hours before showing any symptoms, which can hamper control efforts.

This strain, first identified in spring (not typically the flu season) is considered unusual because children are among the hardest hit.

Flynn said the hospital has seen an increase in the number of young flu sufferers. Some local peditricians are reportedly "swamped" with flu cases and some schools are grappling with absenteeism due to the flu or fear of catching it.

"Most cases are dealt with at home," Flynn said. "People treat it just like they would any flu. But because so much media attention is being paid to (H1N1), sometimes they tend to think the sky is falling. That's not necessarily true."

But do wash your hands frequently.

There's going to be an open house from 2:30 to 4:30 and again at 6:30 to 8:30 p.m. Wednesday, Oct. 28 to discuss the pavement rehab project planned for Route 63/Ellicott Street. It takes place on the second floor of Batavia City Hall, located at One Batavia City Center.

Representatives from the state Department of Transportation will provide the following information about the project, which spans from Ellicott and Main streets to Cedar Street:

• Pavement repairs, milling and asphalt resurfacing, new pavement markings
• Re-striping lanes from the four now there, down to three
• Expanding parking on both sides of the street
• Construction work planned for summer 2010
• Traffic maintenance on Ellicott during construction operations using daily lane closures
• Having both nighttime and daytime construction

For questions or comments, call Dan Farrelly at (585) 272-4875 or e-mail him at dfarrelly@dot.state.ny.us

Here's the official project description:

The DOT is preparing plans to repair and resurface 1.7 miles of Route 63 (Ellicott Street) in the City of Batavia.

The scope of the work includes asphalt pavement repairs, pavement milling 2.5 inches in depth, a 2-inch-thick asphalt overlay, new pavement markings and cleaning of drainage structures.

The pavement markings are planned to change the traffic pattern from four lanes to three lanes, with parking on both sides of the road.

This work will restore a smooth ride, as well as preserve and extend the service life of the Ellicott Street pavement.

Regarding traffic control, traffic on Route 63 (Ellicott Street) will be reduced to a single lane in each direction during pavement repairs and resurfacing operations. Day and nigh time lane closures are planned.

No Route 63 traffic detours are proposed.

Citing personal reasons, Town of Alabama Supervisor Guy Hinkson is stepping down from his elected post.

He informed the Town Board of his decision last night, but he will continue to serve until a successor is appointed, which is the most likely scenario for filling the job. That person would need to seek reelection next fall in order to remain as supervisor.

There was nothing political about his decision, he said.

"I've been going through some personal difficulties," Hinkson said tonight. "The apartment I was in had a fire. I had to find another place to live that night. I moved out of town (to his mother's house in Bergen). I fully intended to complete my term and stay in Alabama."

The fire occurred Aug. 29.

"I really don't want to have to resign," he said. "I've put a lot of work into the issues that will be coming before the board in the next year. But it looks like I'm going to be living (in Bergen) awhile. Life is what it is and you deal with it."

Specifically, he was looking forward to working with colleagues on the proposed wind-power project and the development of an advanced technology park.

Hinkson is a conservative Republican. He had two years left as supervisor.

The Genesee County Sheriff supports a proposed state constitutional amendment to permit inmates to work for nonprofit agencies.

Sheriff Gary Maha is asking voters to approve this as well come November.

According to the Sheriff's press release today, it was never intended that the state Constitution prevent a Sheriff from assigning inmates to a work crew at a nonprofit agency or organization. The current law prohibits the practice when an inmate is "contracted, given or sold" and dates back to at least 1898. It was probably intended to prohibit the sale of inmate labor to contractors or private parties.

Nowadays, the Sheriff's Office typically assigns inmates to work at cemeteries, libraries, service organizations, parks, playgrounds and other locations operated by nonprofits. The inmates aren't paid and are always supervised.

Current provisions in state law do not prevent inmates from working for the state or other municipality. Therefore, most people thought that inmates who volunteered for work detail could also work for nonprofits. The labor is considered part of their rehabilitation program, not a form of required or compensated labor.

But a few years ago, the state Commission of Correction -- the agency which oversees all correctional facilities in New York -- began questioning the practice of inmate labor for nonprofits and suggested that the state Constitution be clarified in this regard.

So the state Legislature passed a bill to allow county jail inmates to work for charitable organizations. Having passed the Legislature in 2007 and 2009, this issue will be on the November ballot for voter consideration.

Sheriff Maha is asking voters to approve the proposed New York constitutional amendment permitting inmates to work for nonprofits.

Justin W. Nanticoke, 21, of 7003 Council House Road, Basom, was charged with criminal mischief in the 3rd Degree (Class E felony) for allegedly intentionally damaging 13 mailboxes along Roosevelt Avenue in Batavia. The incident occurred at 12:48 a.m. on Oct. 24. Nanticoke was placed in Genesee County Jail without bail. Batavia police officer D.A. Streeter made the arrest.

Deborah Lynn McKeown, 42, of 144 State St., #3, in Batavia, was arrested on Oct. 21 by Genesee County Sheriff's deputies after she allegedly stole $500 from K-Mart where she was employed as a cashier. She was charged with petit larceny and is scheduled to be arraigned in Town of Batavia Court at 1 p.m. on Nov. 5. The case was investigated by Dep. Wescott.

Jonathan C. Howell, 27, of 23 Brentwood Drive in Chili, was charged with driving while intoxicated, operating a vehicle with a BAC of .08 or greater, driving under the influence of drugs, criminal possession of a controlled substance in the 7th Degree and unlawful possession of marijuana. The defendant was arrested by Batavia Police at 5:58 a.m. on Oct. 25 after police received a report of someone driving erratically, exiting the Thruway. Further investigation revealed the defendant had allegedly been smoking marijuana while driving. He was also allegedly found in possession of a small amount of cocaine. Batavia policer officer E.E. Bolles made the arrest.

Joshua D.R. Waitson, 22, of 156 Jackson St. in Batavia, was charged with driving while intoxicated, operating a vehicle with a BAC of .08 or greater, speeding and refusing to take a breath test. He was arrested at 2:57 a.m. on Oct. 25 in the 100 block of West Main Street after he was stopped for speeding. Batavia police officer D.J. Coffey made the arrest.

James A. Hancock, 40, of 8289 Lewiston Road in Batavia, was charged with criminal trespass in the 2nd Degree, harassment in the 2nd Degree, endangering the welfare of a child and resisting arrest following an incident at a residence on South Main Street. The defendant was arrested after he allegedly refused to leave a residence when asked repeatedly to do so by the homeowner. He then allegedly pushed the homeowner's 12-year-old son and struggled with police when being placed under arrest. He is in Genesee County Jail in lieu of $1,500 bail. The investigating officer was E.M. Hill.

In the same incident involving James Hancock, Travis A. Weatherbee, 22, and Woodrow C. Horseman, 33, both of 3 Lewis Place, Batavia, were charged with criminal trespass in the 2nd Degree and resisting arrest. They were arrested after refusing to leave a residence when asked and then struggling with police while being placed under arrest. They were placed in Genesee County Jail in lieu of $1,500 bail each. The investigating officer was C.A. Camp.

Cody R. Moore, 20, of 5204 Ellicott St. Road in Batavia, was charged with possession of a forged instrument in the 2nd Degree (Class D felony) and petit larceny at 11:53 a.m. on Oct. 24. He was arrested at 10 W. Main St. in Batavia on an outstanding warrant for an incident which occurred Oct. 13. That's when he allegedly attempted to cash a forged check at the Bank of Castile. Moore was placed in Genesee County Jail without bail. Batavia police officer S.D. Mullen made the arrest.

Keith G. Holland, 30, of 18 Montclair Ave. in Batavia, was charged with petit larceny after he allegedly borrowed a cell phone from an individual and failed to return it as promised. He was arrested at 5:40 p.m. on Oct. 25 at his home and placed in Genesee County Jail in lieu of $1,000 bail. The arresting Batavia police officer was K.M. DeFelice.

Antwon Tyrell Maddox, 20, of 970 S. Clinton St., #1, in Rochester, was charged with criminal trespass in the 3rd Degree after he was found at College Village after previously being banned from there. The incident occurred at 1:42 a.m. on Oct. 25 at 8170 Batavia Stafford Townline Road. He was issued an appearance ticket to be in Batavia Town Court at a later date. Dep. Bordonaro and Dep. Carlson handled the matter.

Jordan David Henry, 20, of 10 Dellinger Ave., Batavia, was charged with criminal trespass in the 3rd Degree after he was found at College Village after previously being banned from there. The incident occurred at 1 a.m. on Oct. 24 at 8170 Batavia Stafford Townline Road. He was issued an appearance ticket to be in Batavia Town Court at a later date. Dep. Carlson handled the case.

Jason Allen Colmenero, 22, of 52 Columbia Ave., Batavia, was charged with criminal contempt in the 1st Degree, endangering the welfare of a child, menacing in the 3rd Degree and petit larceny. He was arrested following a domestic incident which occurred at 8385 Lewiston Road in Batavia. Colmenero was allegedly a passenger in a vehicle along with two children. He allegedly got into an argument with the driver and threatened to grab the steering wheel. The vehicle veered off the roadway and Colmenero allegedly took the keys and refused to return them to the owner. The incident was investigated by Dep. Nati with assistance from Dep. Graff.

Jonathan C. Shirley, 27, of 7392 Sandhill Road, in Basom, was charged with driving while intoxicated, a felony, aggrevated unlicensed operation of a vehicle in the 1st Degree, a felony, and harassment in the 2nd Degree, a violation. Plus, he was charged with seven traffic infractions: failing to yield to an emergency vehicle; unregistered motor vehicle; uninsured vehicle; uninspected vehicle, moving unsafely from the lane; failure to submit to a breath test; and unlicensed operation of a motor vehicle. The incident occurred at 1:06 a.m. on Oct. 23 when Shirley was allegedly found driving erratically on Bloomingdale Road in the Town of Alabama. This was allegedly after leaving the scene of a domestic incident earlier on Council House Road. State Police and Genesee County Sheriff's officers initiated a pursuit after he allegedly failed to stop for police and drove off the roadway, fleeing on foot. Shirley was apprehended after a brief foot pursuit. Dep. Christopher A. Parker investigated the incident and he was assisted by Dep. Jason E. Saile and Troopers William Franz and Brian Pritchett.

Joshua Lee Kinney, 18, of 4571 S. Gravel Road in Shelby, has been charged with criminal mischief in the 4th Degree as the result of an incident which occurred June 12. He is alleged to have broken a window in a structure when he and a friend were "on a mission to find alcoholic beverages." He is scheduled to be arraigned in Darien Town Court at 9:30 a.m. on Nov. 18. The report about the charge was sent out Oct. 23. The incident was investigated by Dep. Ferrando.

Emergency crews from Pembroke and Indian Falls are heading to the Thruway to mile marker 403, westbound, to aid the driver of a tractor-trailer. He's reported to be out of the rig, covered with a blanket and dizzy. State Police are on scene.

Michael L. Jackson -- who is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree -- was back in Genesee County Superior Court this morning.

He appeared before Judge Robert Noonan, who set a hearing for his case at 10 a.m. on Nov. 18.

Jackson, who lives in Oakfield, is accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250.

Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck. He was one of a group of people alleged to have committed the crimes, although no others have been arrested due to insufficient evidence.

He is also accused of tampering with a witness in the fourth degree after he allegedly went to the home of one of the witnesses and attempted to induce her not to testify before the Grand Jury.

On Sept. 3, Jackson posted a $10,000 bond and is now free awaiting trial.