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Batavia PD active warrants as of March 25, 2019

By Howard B. Owens

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereabouts of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

Arlena G. Cox, age 58
Charge(s): petit larceny Jeanine L. Turner (AKA Calice), age 46 (2012 photo)
Charge(s): aggravated unlicensed operation of a motor vehicle 2nd degree Martin J. Rodgers, age 35
Charge(s): sex offender failure to register a change of address

 

  Sara J. Smith, age 33 (photo from 2012)
Charge(s): criminal mischief 4th degree Tera M. Williams, age 45
Charge(s):  aggravated unlicensed operation of a motor vehicle 3rd degree and harassment 2nd degree

Packed house in Paddock Room at Batavia Downs on Sunday to raise funds for Trigillos

By Howard B. Owens

Nearly 500 people turned out at Batavia Downs on Sunday afternoon in support of Joe Trigillo, who is battling glioblastoma, a cancer that forms in a person's brain and is very difficult to eradicate.

Trigillo was diagnosed in January and has been through two rounds of chemotherapy and radiation treatment -- one for 33 days and another of 40 days -- and the fundraiser is intended to help Joe and his wife Kathy with any extra expenses.

Kathy said her husband was overwhelmed by the outpouring of community support.

"It means the world to him," Kathy said. "Every time I bring it up he just starts to tear up and he can't believe the great outpouring of love that he's gotten."

Trigillo and members of the Trigillo's family have worked at Batavia Downs for decades, including both of Trigillo's parents. Trigillo has been a stalwart of the local bowling community his entire adult life and is a regular on the local golf tournament circuit.

"He's always been the social person," Kathy said. "He's the one that goes to the bowling tournaments. He's the one that goes to the golf tournaments. He loves to be with people. He never, ever says no because he loves to go out with other people and do things. He's just always happy to do that and he loves people."

The symptoms of glioblastoma can be non-specific and are different for individuals, depending on where in the brain the cancer starts and how it progresses. At the start of the bowling season, Trigillo didn't have his A-game going and he and Kathy took it as an early-season slump.

"You just think it's a slump but he wasn't getting out of the slump," Kathy said. "Still, we didn't think much of it other than he's in a slump."

The community sees Joe the competitor and may not perceive he has a softer side, Kathy said, but he can get emotional in private; however, when Joe started crying during Hallmark movies, Kathy sensed he was being more emotional than usual. Even so, she didn't suspect a serious issue.

But then one day DirecTV called and when Joe wanted to hand the phone off to his wife, he couldn't remember her name.

That weekend, walking across some pavement, Kathy noticed Joe was shuffling his feet. She started to suspect a mini-stroke. That Monday, Jan. 14, she called a doctor who told her to take Joe to the emergency room at UMMC.

"They immediately ordered an MRI after I told them the symptoms," Kathy said. "I think they must have known more than we did."

The MRI revealed two tumors in the lower left frontal lobe and Joe was taken by ambulance to Buffalo General Medical Center.

Once there, surgery was quickly ruled out for treatment.

"If they did surgery to remove the tumors, it was a high risk to cause the whole right side of his body to be paralyzed and he would not be able to speak," Kathy said.

From Buffalo General, Joe was sent to Roswell Park Comprehensive Cancer Center, which is also in Buffalo.

The regime of chemo and radiation was rough, Kathy said. Joe was hospitalized a couple of times during the treatment, with treatment suspended once because of complications.

The typical prognosis for glioblastoma is a survival rate of 12 to 15 months. Kathy is hopeful Joe will get back to doing the things he loves this spring and summer.

They'll know more when they meet with doctors at Roswell again on April 14.

"We're hoping that we're going to fight this and that we're going to play golf this summer and we're going to be at the long end of that prognosis," Kathy said.

Gas prices continue to climb

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.63, up 8 cents from last week. One year ago, the price was $2.61. The New York State average is $2.70 – up 4 cents from last week. A year ago, the NYS average was $2.73. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.64 (up 4 cents since last week)
  • Buffalo -- $2.61 (up 3 cents since last week)
  • Ithaca -- $2.71 (up 2 cents since last week)
  • Rochester -- $2.68 (up 1 cents since last week)
  • Rome -- $2.69 (up 2 cents since last week)
  • Syracuse -- $2.67 (up 1 cents since last week)
  • Watertown -- $2.71 (up 3 cents since last week)

Gas prices have increased as demand continues to rise while total domestic stocks decrease. The latest report from the Energy Information Administration (EIA) shows that demand is much higher than last year at this time. As crude prices continue to rise, pump prices will likely follow suit as the country enters the spring and summer driving seasons. Motorists should expect higher gas prices through Memorial Day.

Sheriff's Office Warrants, active as of March 23, 2019

By Howard B. Owens
   

Ashley N. Hayden, age 27, white female, 5’6” brown hair, green eyes LKA  Upper Clark Ave VanEtten, NY

Bench Warrant – Wanted for harassment 2nd PL 240.26-3 (violation) Darien Town Court DOW 7/14/15

Name and photo redacted upon request, age 22, black female, 5’00” 115 lbs., black hair, brown eyes LKA Berlin Street, Rochester, NY

Arrest Warrant – Wanted for criminal impersonation 2nd PL 190.25-1 (misdemeanor) Pembroke Town Court DOW 2/5/19

 

 

Horatio Coleman,  age 64, black male 5’11” 155 lbs., black hair, brown eyes, LKA Oak Street, Batavia, NY

Arrest Warrant – Wanted for petit larceny PL 155.25 (misdemeanor) Batavia Town Court DOW 8/27/15

Adam M. Dolby, age 35, white male 5’8” 240 lbs., brown hair, green eyes, LKA Telephone Road, Pavilion, NY

Arrest Warrant – Wanted for escape 3rd PL 205.05 (misdemeanor) Pavilion Town Court DOW 4/7/15

Miguel Hernandez-Gonzalez, age 35, hispanic male, 5’6” 140 lbs., brown hair, brown eyes, LKA  East Road, Bethany, NY (No photo available) Arrest Warrant – Wanted for DWI & Drove W/.08 percent or more BAC, VTL 1192-3 & 1192-2 (misdemeanors) Bethany Town Court DOW 1/9/19.

Robin S. Johns, age 55, white female, 5’3” 120 lbs., brown hair, blue eyes, LKA  Fisher Road, Oakfield, NY (No photo available) Arrest Warrant – Wanted for issuing a bad check, PL 190.05 (misdemeanor) Oakfield Town Court DOW 6/21/16.

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Man accused of receiving birthday card in jail with controlled substance

By Howard B. Owens
     Keith White

An inmate in the Genesee County Jail is accused of introducing dangerous contraband into the jail after receiving a birthday card allegedly containing a controlled substance.

Keith White, 47, of North Tonawanda, faces numerous other charges. Besides introducing dangerous contraband, a felony, he is charged with 16 counts felony falsifying business records, 1st, criminal solicitation, 4th, conspiracy, 5th, and 60 counts of falsifying business records, 2nd. 

White, who is being held on a petit larceny charge from July, is accused of using the PIN numbers of other inmates to make telephone calls.

The date and time of the incidents were between November and February.

Deputy Ryan Young is leading the investigation.

White was arrested last July in Batavia, accused, along with Jeffery P. Wozniak, of Niagara Falls, of stealing steaks, lobster, shrimp, a roast and several household items from Top's Market. That case is still pending.

He is being held on the new charges without bail because of prior felony convictions. He's been incarcerated three previous times on burglary and robbery charges. His most recent stint in state prison was from 2001 to 2016 on a robbery conviction in Niagara County. He was released from parole in February 2018.

Updated at 2:30 p.m. with additional information about the case.

Video: Penny Carnival at St. Joe's

By Howard B. Owens
Video Sponsor
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Video from today's Penny Carnival at St. Joe's in Batavia.

Teen who shot killer on Central Avenue denied Y.O. status, given prison term

By Howard B. Owens

 

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  Samuel Blackshear

When Samuel Blackshear shot Nathaniel Wilson on Central Avenue one evening last May, Blackshear was exercising "street justice" Judge Charles Zambito told the young man today at his sentencing on an illegal weapon conviction.

It wasn't a matter of self-defense, as defense attorney James Hinman contended, Zambito said. The judge said he believed there was a prior dispute between Blackshear and Wilson, even before Wilson showed up with a knife and stabbed and killed Terry Toote, and that Blackshear knew a woman he was with had a gun and that he expected to be handed the gun if he needed it.

Blackshear was denied youthful offender status and sentenced to three and a half years in state prison followed by two and a half years on parole, which is the mandatory sentence for a conviction on a count of criminal possession of a weapon.

The father of Samuel Blackshear, who was 17 at the time of the incident, said he was disappointed that Zambito denied his son a chance to go to school, get a job, and try to get on a path toward a productive life.

"I came here today expecting justice for my young son," Billy Blackshear said. "I'm not trying to make excuses for him. I'm not saying that he was in the right for how he reacted, but considering the factors that placed him in that situation...with him being a young person, you have the influence of television, you have the influence of peers, you have so many negative influences that could have carried him even worse than the way he reacted and he did not."

Before sentencing Blackshear, Zambito meticulously reviewed the law, the criteria that must be met for a finding youthful offender status, and the circumstances of the case.

Many new details about the murder of Toote and the shooting of Wilson on Central Avenue on May 17 came out during today's hearing.

Youthful offender status is reserved for those cases, Zambito said, where there are mitigating circumstances and where the defendant may have acted in haste and thoughtlessly. The judge making a Y.O. determination must consider the gravity of the circumstances, the defendant's prior record, prior acts of violence, the reputation of the individual, whether the defendant cooperated with police and prosecutors, the defendant's attitude, and whether the defendant has displayed respect for the law.

Y.O. status is mandated if the perpetrator is between 15 and 19 years old at the time of the offense but the conviction is for a misdemeanor. In this case, Blackshear admitted to a felony.

If the case involves an armed felony, as this was, Zambito said, then mitigating circumstances come into play.

In their remarks to Zambito prior to Zambito discussing his decision, District Attorney Lawrence Friedman said there were no mitigating circumstances and dismissed assertions by the defendant's attorney, Hinman, that Blackshear acted in the defense of himself and others. Hinman passionately and exhaustively argued that there were mitigating circumstances and this his client did act in defense of himself and others.

Friedman argued that Blackshear, who had little experience, he said, with handguns, and no prior training in defending others, acted recklessly and without regard to the safety of others in the vicinity when he fired three shots at Wilson. After Wilson attacked Toote, he said Blackshear walked over to a nearby car, took a gun from the driver, and immediately turned around and started firing.

"That wasn't self-defense the first time he fired it," Friedman said. "It wasn't self-defense second time he fired it. It wasn't self-defense the third time he fired it. That was not self-defense."

If it was self-defense, Friedman argued, then why didn't Blackshear stick around after the shooting? Why did he flee instead of talk to the police? Why wasn't he cooperative with investigators once he was located? Friedman asserted the Blackshear has been unwilling to help police locate the handgun he used and that the gun is still missing.

Hinman argued that all available physical evidence, in particular, a video camera mounted on a utility pole on Central Avenue at the time of the shooting, shows Blackshear acted in defense of himself and others. He said it showed Wilson arrive on scene and within 10 seconds, attack Toote, kill him, and then immediately brandish the knife at other people in the area.

Other than his possession of the gun, Hinman said his client did nothing illegal. He suggested the other charges against Blackshear -- attempted assault in the first degree, assault in the second degree -- where satisfied in the plea agreement because Blackshear could have made a credible case to a jury that he acted within New York law to defend himself and others.

"Maybe he (Wilson) would have stabbed other people if he had not been shot," Hinman said. "That doesn't make Mr. Blackshear a hero but he stopped illegal acts."

As for Blackshear's leaving the scene of the shooting before police arrived, Hinman said that's the normal reaction of a black youth today.

"I would submit that a young black man in this day and age has a good reason to not stick around and talk to police," Hinman said. "Nor does he have the obligation to stick around and talk with police."

As for helping police find the gun, Hinman said his client told police that he handed the gun to a third party to take care of and that he has no direct knowledge as to the gun's whereabouts. He said that third party may have cooperated with police in locating the gun but since that person wasn't assured immunity from prosecution he hasn't cooperated. He did say police learned the gun may have been dropped from a bridge into a creek and a search was undertaken to try and locate the gun but it wasn't found. None of that, Hinman said, could be blamed on his client.

Hinman disputed statements Wilson made in a presentence probation interview where Wilson apparently asserted that Blackshear shot him because of a prior dispute and that Blackshear was looking for a confrontation with Wilson.

"It's nothing more than an attempt by Wilson to make himself a victim," Hinman said. "He's the one who set everything in motion."

Zambito, however, gave some weight to Wilson's account of the incident.

"I have no sympathy for Nathaniel Wilson," Zambito said. "He is convicted of murder and he is in jail for a long time, and deservedly so."

But, Zambito said, some of Wilson's statements are corroborated by the evidence on the pole cam video recording as well as mobile phone recordings by witnesses.

In order to find mitigating circumstances, Zambito said he would have to be convinced that Blackshear acted on the spur of the moment to defend himself and others but Zambito said the evidence suggested otherwise.

For example, well before Wilson arrives, a black sedan is seen on Central Avenue. At one point, the driver gets out and retrieves what appears to be a handgun from the trunk of the vehicle. Later the car leaves Central Avenue and returns. The car leaves again and reappears just before Wilson shows up. After Wilson stabs Toote, Zambito said, Blackshear is seen moving toward Wilson, who is turning to leave, and then sees the sedan and walks over to it and is immediately handed a gun by the driver of the vehicle.

"That tells me," Zambito said, "that he (Blackshear) was looking for that car and he expected to be handed the gun."

He said audio from mobile phones show that several people cried out "Sam," which Zambito took as a verbal attempt by witnesses to tell Blackshear to not fire any shots but that Blackshear fired anyway.

Wilson contends he and Blackshear had a prior dispute over Wilson hitting a girlfriend and that Wilson had tried to apologize and Blackshear refused the apology. He said even in a phone call earlier that day, Blackshear had refused the apology and hung up on him.

He said Blackshear had referred to himself as a member of the "L Gang" and that members of the "L Gang" would be looking for Wilson (outside of court, Friedman said "L Gang" may refer to a group of youths who grew up on Lewis Place and applied that moniker to themselves).

While acknowledging that Blackshear's natural impulse may have been to leave the scene and that he had no obligation to stay at the scene, his failure to do so did display a lack of cooperation with police, and one of Zambito's findings must include cooperation with police for Youthful Offender status. Further, Blackshear did not come forward voluntarily the next day. When he was located, he was at the residence of the adult who gave him the gun, playing video games.

As for Blackshear's criminal record and good conduct, Zambito said Blackshear had been arrested once, granted youthful offender status once, and was on probation at the time of the May 17 incident. He also said that Batavia PD and Sheriff's Office reported 26 negative contacts with Blackshear in the prior two years. He said Blackshear had been accused of shooting another person with a BB gun.

"And he's only 17 years old," Zambito said.

Citing district official at BOCES, Blackshear was characterized as having us vs. them attitude, of disrespecting authority, of hanging out with other youths who caused trouble.

In the presentence report, probation officers recommended against Y.O., and detectives Thad Mart and Kevin Czora, the lead investigators on this case, also recommended against Y.O. status.

"It was only by sheer luck that his reckless behavior didn't result in killing or seriously wounding a bystander," Mart wrote in his letter to the court.

Zambito said he took all of that into consideration in coming to his conclusion.

"The defendant attempted street justice," Zambito said. "He put at risk an entire neighborhood. Even Nathaniel Wilson recognizes the loss of life in this incident was over something very senseless and I have to agree with him. I have to believe this defendant was complicit."

Billy Blackshear said his son was raised well, as the grandson of a beloved local pastor, the late Reverend Oraid Blackshear of Mount Zion Missionary Baptist Church on Ellicott Street, and as the son of a man who has never been arrested or spent a night in jail.

But outside court he said he can't help but wonder if he did enough to prepare his son for dealing for life in today's society.

"As a parent, I wish I would have done more," Billy Blackshear said. "I think that's something that maybe a lot of parents say when bad circumstances happen. I said the same thing about my brother when he passed. I wish I could have had a chance to say goodbye to him. I wish there were words that I could have said to him had I known that would be the last time I saw him.

"I didn't get that chance and I feel that same sense of sadness and remorse in this particular case. I wish I could have spent more time or that I could have done or something, or something I could have said that would have better prepared him for such horrendous circumstance."

There's a lesson in this case for all of us, Billy Blackshear suggested.

"I think that young people are too busy being raised and being influenced by outside forces that gave other people monetary value," Blackshear said. "You know there's money to be made on telling kids you should be this way, to have a violent attitude, or look at, you know, you don't have to listen to the rules or anything like that. I'm not saying that's what Samuel was influenced by (that) but I'm saying that there is more negative input than ... positive.

"And so we as parents have to step up. I think the system has to step up as well. Hand-in-hand cooperate in order to be a counterbalance to the things that are steering our young people into the feeling hopelessness and anger and just frustration. We need to start putting hope back inside these young people. We need to start giving them better options. We could do more. There's always more that can be done." (View the full video at the top of this story for all of Mr. Blackshear's comments after the hearing.)

Zambito thinks it's time for Samuel Blackshear to step it up and use his time in prison to take advantage of programs that will help him be more productive and move his attitude away from "us vs. them."

"If you don't," Zambito said, "you're either going to spend a lot of your life in jail or you're going to wind up dead like Terry Toote."

Superintendent says school dealt promptly with complaint about knife on campus

By Howard B. Owens

The district superintendent for BOCES says a student complaint about an instructor with an unauthorized pocketknife on campus was taken seriously and dealt with promptly after the student contacted The Batavian to complain about what she perceived as an inadequate response.

Kevin MacDonald said as soon as the Batavia principal was contacted by the student the situation was dealt with and that the instructor involved felt "horrible" about the mistake. The pocketknife is something she normally carries with her off campus and forgot it was clipped on the pocket of her utility pants, making it clearly visible to students.

The student who contacted The Batavian said she was concerned the issue hadn't been dealt with and MacDonald suggested the student wasn't aware of what went on after she spoke with a principal.

While sharp objects -- knives, saws, scissors, and other items -- are part of the instructional environment on the Batavia CTE campus, neither students nor faculty are allowed to bring knives onto campus.

The parents of three students who expressed concern about the knife were contacted by phone by school officials, MacDonald said.

"I'm confident our staff handled the situation very well," MacDonald said.

Here is a statement from District Superintendent Kevin MacDonald:

On Wednesday, March 20, a student who attends the Batavia Career and Technical Education Center, reported that an instructor was carrying a knife that was visible to students.

Administration was notified of the report and the student’s concerns. A conversation was had with the instructor who was carrying a knife. She immediately removed the knife from the building. She apologized noting that it was an honest mistake. Administration met with the student who reported the incident. Parents were notified of the situation that occurred.

The Genesee Valley Educational Partnership has a board policy that states that weapons are not allowed on campuses, however, the policy does note that tools and other equipment, like knives and scissors, are allowed as long as the implement is part of the approved career and technical education program. The welfare of our students is of utmost importance and we take reports like this seriously.

L.B. Grand celebrate's St. Joseph's Day with a grand reopening

By Howard B. Owens

Bill Farmer cut the ribbon Tuesday, St. Joseph's Day, for the grand reopening of the L.B. Grand Restaurant, two years after he acquired the business and building at 37 Main St., Le Roy.

In the past two years, Farmer has made a lot of changes inside the building (previously: While Farmer's Creekside Inn prospers, Bill Farmer keeps busy in the Village of Le Roy) and Tuesday he said there is still much work planned for the coming year.

In addition to upgrades inside, Farmer is planning to restore the building's facade (he's already put up a new awning).

After the ribbon cutting, guests enjoyed a traditional St. Joseph's Day's meal. Chef Sean Wolf said based on the response this year to the first St. Joseph's Day meal offered by L.B. Grand, next year the staff will plan on laying out a traditional St. Joseph's Day table.

Top photo: Tom Turnbull, president, Chamber of Commerce, Mary Blevins, with the Chamber, Mayor Greg Rogers, Bill Farmer, Chef Sean Wolf, Ethan Olsowski, L.B. Grand staff, and Chamber Board Member Jeff Cook.

Legislator Shelly Stein, Chef Sean Wolf, Bill Farmer, Mayor Greg Rogers.

Expert in addiction says prevention is most effective cure for opioid epidemic

By Howard B. Owens

There is a lot of attention paid to opioid addiction treatment, Dr. Richard Blondell told an audience at the City Church Generation Center in Batavia today, but not enough effort is given to preventing addiction in the first place.

"The bottom line of this opioid epidemic is we cannot treat our way out of this epidemic," Blondell said. "We cannot incarcerate out of this epidemic. We can't legislate our way out of this epidemic. What we really have to do is prevention."

Blondell is vice chair of addiction medicine and a professor in the Department of Family Medicine at SUNY Buffalo. He spoke today at a workshop for faith leaders sponsored by the Genesee-Orleans-Wyoming Opioid Task Force.

Drawing on science, history and statistics, Blondell made the case that it's very difficult to successfully treat somebody for opioid addiction; therefore, to end the current epidemic, society needs to produce fewer addicts.

That begins with doctors, he said but includes families and individuals who need to be more aware and better educated about addiction and prevention.

The causes of addiction are both genetic and environmental, Blondell said.

About 10 percent of the population is genetically susceptible to opioid addiction. Those people, when exposed to opioids, usually through prescription medication, are much likely to become addicts.

The addiction for them is a disease.

An addict has about a 5 percent chance of dying in any given year. 

"The average life expectancy of a heroin addict is about 10 years, most are gone in 20," Blondell said.

Much of the blame for the opioid epidemic can be placed on Arthur M. Sackler, a medical marketing executive in the 1950s who, among other things, introduced the world to Valium, the first multimillion drug.

"It didn't treat anything actually," Bondell said. "Even though Valium was the number one prescribed drug in the country it was not clear what disease it treated."

The Sackler family went on to own Perdue Pharma, the company that introduced OxyContin. 

That pain pill was sold to doctors as non-addictive if used for pain.

Then the insurance companies got involved, Blondell said. They stopped funding pain-management regimes, which could cost thousands of dollars but were effective, in favor of prescription pain medications. And if doctors didn't prescribe enough pain pills, they would get low patient satisfaction scores from patients who said, "he didn't do anything for my pain."  

Doctors started prescribing opioid-based pain medications "like skittles," Blondell said.

Patients who become addicted to pain pills often, usually, turn to heroin, which is cheaper and easier to get. About 75 percent of heroin addicts started with a prescription to either the addict himself or to a friend or family member.

There are two types of treatment for addicts, neither high success rates -- counseling or medication.

In counseling, an addict receives psychological therapy, or they might live in a home and where they can learn adult life skills but if they are physically addicted, brain condition related to addiction is not treated. That is where medication, such as methadone, come in.

Blondell said all treatment methods should continue but that isn't the final answer on the epidemic. We've never treated our way out of an epidemic, he said.

People who say addiction is a choice really don't understand opioid addiction, Blondell said.  

Everybody is addicted to something. Addiction is essential to survival. We're all addicted, for example, to water.

But what substances, such as illicit drugs and alcohol do, is trick the brain into thinking that substance is a higher priority than other addictions, such as food.

"So people say to me, this is a behavior," Blondell said. "It's not really a mental illness or it's not a disease. It's not a disorder. It's really just a behavioral problem. To which my question is, what organ in the body produces behavior? Is it the kidneys? Is it the liver? No, it's the brain. So it's the brain that produces the behavior that we see and pass judgment on."

If we're going to end the epidemic, Blondell said, doctors need to be more cautious and judicious in when and how they prescribe pain medications. Patients who receive them need to be better educated about taking the prescribed amount for only a short period of time. Parents need to ensure they control the distribution of pain medication to their teen children, and ensure they actually take them when dispensed so they're not hoarded so five or six can be taken at a time. Everybody needs to be better educated about the nature of addiction and how to avoid it.

Soil and Water District continues to look after Genesee County's environment

By Howard B. Owens
   Brad Mudrzynski

The job of Soil and Water Conservative, District Manager Brad Mudrzynski, told the Public Service Committee on Monday during a department review, is pretty straightforward at its most basic: Keep soil healthy; keep it on dry land; keep it out of water, so water is kept clean.

Mudrzynski became the director in January, the second since George Squires retired a couple of years ago after 31 years of service to the county, but Mudrzynski, who is from Elba, said the district has continued to operate without missing a beat.

Genesee County's soil and water district was established in 1944. Every county in the state has a soil and water district. The county budgets about $150,000 annually to fund the district. That pays for personnel, currently four full-time staffers and one part-time employee, and it's up to the district to apply for grants and aid to fund its programs.

"We have a good core," Mudrzynski said. "I hope I get to keep my core because they are really good people. They all know what they're doing."

The current staff is Molly Cassatt, a technician (the former director who volunteered to change rolls), Bob Berkemeier, senior technician, Tim Welch, technician, and Laura Bestehorn, clerk-treasuer.

In Genesee County, most programs are focused on agriculture but the agency also works with municipalities. For example, soil and water is using a $6,000 state grant to fund a hydroseeding program with the towns.

Hydroseeding, rather than just spreading grass seed on the ground, helps prevent runoff and soil erosion.

Other programs and services include tree and shrub planting, fish stocking, an Envirothon, recycling events, permit assistance, guidance for invasive species control, and erosion control design.

In 2018, the district secured nine grants worth $1.2 million.

Mudrzynski said soil and water districts are unique in the state because they operate as quasi-state agencies but with local control, which makes them more nimble and responsive to local needs.

Hens gives report to Legislature on county's $70 million bridge inventory

By Howard B. Owens

There are 95 bridges and 256 culverts in the county's infrastructure inventory and combined they're worth about $70 million, County Highway Superintendent Tim Hens told members of the Public Service Committee on Monday.

That's a conservative estimate, Hens said.

He arrived at the number based on the amount spent on bridge and culvert replacement over the past three years without adjusting for inflation.  

Genesee County is one of three counties in the state that are economically responsible for all bridges and culverts on non-state roads, including those in towns and villages. In every other county, towns and villages must maintain and replace old bridges.

It's been that way since 1939 when the board of supervisors passed legislation giving county control of bridges and culverts.

A bridge (defined as more than 20 feet long) can be expected to have a safe, useful life of 50 years. The average bridge in the county was constructed in 1968, Hens said.

To keep up with the replacement cycle of bridges, the county needs to replace two bridges a year but in recent years, with cuts in federal aid, the county has only been able to replace one bridge a year.

Typically, state and federal aid helps pay for bridge and culvert replacement but as that aid is cut back, the county may need to turn to other sources of local revenue, such as sales tax.

Revised secondhand dealer law narrows focus to pawn shops, coin dealers

By Howard B. Owens
      Kevin Earl

A proposed local law aimed at curbing property thefts is back before the County Legislature after undergoing revisions to more narrowly focus its intent on pawn shops and other businesses most commonly favored by criminals to fence stolen goods.

County Attorney Kevin Earl worked with a variety of interested parties, including District Attorney Lawrence Friedman and Chief Deputy Jerome Brewster to draft proposed language that would still meet the intent of the legislation, but ensure it only hit its target without potentially adding an unintended regulatory burden to other local businesses.

The original bill was introduced in November and met some initial opposition from some members of the Legislature and some local business owners.

The key change of the law narrows the scope of the regulations to businesses known as "pervasively regulated." Prior case law has established that certain business activities can be monitored by the government without a warrant because of the nature of the business. In New York, these already include pawn shops, coin dealers, chop shops, and other enterprises that can be used as fronts for stolen property.

The change ensures the law can't be used to impose regulations on commercial thrift-type stores, used book and record stores, antique stores, or businesses that resell gift cards, among other establishments that might have been swept up in the prior broader language of the law.

Public Services Committee Chair Shelly Stein said during yesterday's committee meeting that it's important to remember the purpose of the law. 

"We are trying to assist victims of theft and robbery in the county," Stein said. 

Even so, the revised bill isn't supported by all members of the Legislature. Both legislators John Deleo and Andrew Young said they are uncomfortable adding another layer of regulation on private enterprise.

"We have one pawn shop here and we're creating more mandated laws when we get upset when the state puts mandates on us," Deleo said. "I don't think it's right. I have faith in law enforcement that if we have a problem, we can solve it. I don't care how much lipstick we put on this, I have a hard time buying into it. I guess I have more faith in law enforcement.

After the meeting, Young said he still isn't satisfied with the language of the law.

"It has been suggested that the decision to be made to pass this law is easy because it is simply to choose between victims of stolen goods and potential criminals," Young said. "I don’t agree that is what it is about. The decision to be made is to weigh the cost of additional government rules, regulations and reporting requirements against the value those government-imposed burdens provide towards assisting victims of theft. 

"The changes made make this law better and somewhat less intrusive. I am not sure we have reached the point where the value of this law outweighs the cost."

Another significant change is the elimination of the licensing fee for a qualified secondhand dealer.

"We did this to address the suggestion that this was only a money grab by the county," said County Clerk Michael Cianfrini. "We wanted to eliminate that concern."

Earl said he's confident that changes in the bill's language will help it withstand any potential Constitutional challenge.  

Niagara County passed a new law similar in language to the original draft of Genesee County's law and Earl said officials up there, after he shared his concerns with them about the local law, don't intend to make changes.

"Niagara County had nobody show up at their public hearing," Earl said. "There were no objections. It's probably a good thing we had objections up front or we might have had problems on the back end."

Brewster said just discussion of the law has compelled Pawn King on Veterans Memorial Drive, Batavia, to start using Leads Online, a digital service used by pawn shops to enter items received into a searchable database. Law enforcement agencies can then subscribe to the service (there's no cost to the merchants who participate) so they can see what items are coming into the shop and check the list of items reported stolen.

Pawn King was already using the service in other counties where it does business because those counties legally compel Pawn King to use Leads Online.

Brewster said passage of a similar law locally will ensure Pawn King continues to use the service and will help ensure their compliance is thorough.

Businesses required to record transactions and hold items for at least 10 days under the law could lose their license and be forced to close if found out of compliance.

Mike Barrett, owner of Barrett Marine, said after the meeting that with the revisions, he's more comfortable that the new law. If passed, it won't apply to Barrett's business, but the owner of John G. Cooper Coin Shop in Le Roy said at age 76, this law may be a signal that it's time to retire.

Previously:

UMMC's severe maternal morbidity rate low compared to state, nation

By Howard B. Owens

According to data compiled by the Center for Disease Control, a federal agency, and compiled by USA Today, United Memorial Medical Center has one of the best rates of mothers avoiding serious complications during childbirth in New York and the nation.

UMMC's severe maternal morbidity (SMM) rate for births to all mothers is 0.09 percent, compared to 1.8 percent for New York and a 1.4-percent rate nationwide.

SMM includes unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman’s health, according to the CDC.

The rate for UMMC is based on 2,341 deliveries from 2014 through 2017.

Dr. Tara Gellasch, chief medical officer for UMMC, and a physician at Batavia's Women Care Center, said UMMC's rating reflects the hospital's commitment to quality care and the support of the Rochester Regional Health system.

"Due to a myriad of potential conditions that can increase risk, maternal mortality is a growing concern in New York State and throughout the country," Gellasch said. "At United Memorial Medical Center, our providers and staff are trained to identify patients at risk so we can work with our Rochester Regional Health experts in high-risk obstetrics to provide these patients with the prenatal care they need.

"Our team is proud that we have kept maternal mortality rates consistently low and, as we do in all areas of care, we continue to evaluate our work and find ways to raise the bar for the future."

The severe maternal morbidity rate "is a composite measure of things that can go wrong at the hospital before, during or after delivery – heart attacks, strokes, blood transfusions, hysterectomies and other perilous emergencies that can permanently harm or even kill a new mother," reported USA Today.

Because the SMM rate is especially a concern for black mothers, the newspaper also reported on the rate and deaths for black mothers at UMMC during the study period.

The rate of episiotomy, an incision made in the vagina to assist during difficult births but not recommended by most health care experts, is 1.2 percent at UMMC compared to 7.8 percent at hospitals in 13 other states. 

The cesarean rate at UMMC is 18.5 percent compared to a national rate, among hospitals that report the rate -- some do not disclose it -- is 19.9 percent.

January's local unemployment rate lower than previous year

By Howard B. Owens

While Genesee County's unemployment rate jumped to 5.0 percent in January it was still a point-and-a-half lower than a year earlier for the same month.

The Department of Labor released the county's unemployment rate on Friday.

January's unemployment rate is traditionally one of the highest rates of any month in the year and last year it was 6.4 percent.

In December, the local rate was 4.1 percent.

There were 30,000 local residents reported in the labor force for January of this year compared to 29,500 the previous January.

Of those 30,000, 28,500 had jobs compared to 27,600 with jobs the previous year.

The number reported without work but seeking employment dropped from 1,900 to 1,500.

As for the number of private-sector jobs in the county, there were 16,300 reported in January compared to 16,200 the previous year.

Gas prices jump sharply

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.55, up 7 cents from last week. One year ago, the price was $2.55 as well. The New York State average is $2.66 – up 7 cents from last week. A year ago, the NYS average was $2.69. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.60 (up 10 cents since last week)
  • Buffalo- - $2.58 (up 7 cents since last week)
  • Ithaca -- $2.69 (up 10 cents since last week)
  • Rochester -- $2.67 (up 10 cents since last week)
  • Rome -- $2.67 (up 8 cents since last week)
  • Syracuse -- $2.66 (up 9 cents since last week)
  • Watertown -- $2.68 (up 9 cents since last week)

Increasing demand for gasoline and tightening supply have helped to push prices higher this week. In its latest weekly petroleum status report, the Energy Information Administration (EIA) released new data that shows the spring driving season is certainly ahead for American motorists.

AAA is seeing an increase in requests for maps and tour books to popular driving destinations including Myrtle Beach and Charleston, S.C.

Gasoline demand is up while total domestic gasoline stocks are falling. As demand strengthens and gas stocks tighten, pump prices will likely follow suit and continue to increase. A springtime jump in prices is typical with increased demand and the changeover to the more expensive summer blend gasoline in the coming weeks.

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