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A third suspect has been accused of participating in the June 1 burglary of the Sherwin-Williams paint store on Liberty Street.

Nicholas J. Adkins, 22, of no permanent address, has been charged with burglary, 2nd.

Adkins is currently an inmate on unrelated charges in the Genesee County Jail.

Today, Adkins was arraigned on the new charge and returned to the jail.

Previously arrested were Michael J. Elmore, 22, and Rebecca G. Morse, 21, both of 130 Bank St., Batavia.

Previously:

• Photo: Money stolen from safe at Sherwin-Williams
• Sherwin-Williams employee accused of assisting in burglary of store
• Police arrest second suspect in Sherwin-Williams burglary

Glossary

Disruptive Innovation: An innovation through technology or process that takes root in an underserved portion of the market to create new business opportunities. Incumbent: The market-leading business in an industry. Unmet Need: When a business planner identifies a hole in the marketplace, where consumers -- either consciously or unconsciously -- have a need that a new product or service can meet. Job to be Done: Much like an unmet need, the jobs-to-be-done metaphor helps a business planner target a market segment for a new product or service. The job-to-be-done metaphor is based on the idea that customers don't really buy a product or service, they hire the product or service to help with a specific task they want to accomplish. Clayton  Christensen: Harvard Business School professor and creator of the term "disruptive innovation." His groundbreaking works are "Innovator's Dilemma" and "Innovator's Solution." He's also written a book on innovation in health care, "The Innovator's Prescription."

From the perspective of the folks who run Insource Urgent Care in Downtown Batavia, their first-of-its-kind clinic is apparently seen as a competitive threat by the executives at United Memorial Medical Center.

A threat that must be crushed.

If their perception is correct, it highlights the fear disruptive innovators can strike in the hearts of incumbent businesses, especially if that business has enjoyed a monopoly position in the market.

Since UMMC officials are not talking about the tensions between Insource and UMMC, we only have the perspective of Insource's owners, which they're willing to discuss, and is also part of a federal anti-trust suit filed by Insource on June 25.

The suit alleges that UMMC conspired with HealthNow, the region's BlueCross BlueShield franchise, to eradicate the hosptial's pesky new competitor.

UMMC, according to the lawsuit, has even tried to muscle other health care providers in the county in an effort to deny Insource the partners it needs to deliver its services.

HealthNow is the dominant health insurance company in Western New York and UMMC has held a monopoly position for emergency and hospital care in Genesee County since the year 2000 merger of Genesee Memorial and St. Jerome's.

Melissa Marsocci, VP of operations for Insource, who is a native of Batavia and well versed in the literature of disruptive innovation, said she wasn't surprised by the response from UMMC to the arrival of her new company. She wishes it had been different, that cooperation rather than competition would have been the watchword, but that's not the case.

"Being from here and knowing the corporate culture over there, I knew we weren't going to be welcomed with open arms," Marsocci said. "Whenever I go anywhere else (to open a clinic), I don't know that, but here, we're just little bugs to them."

Insource is a company designed around innovation. It's model uses more efficient processes for delivering patient care and employs technology to reduce costs while improving quality.

Insource is also willing and able to deliver what it believes is world-class care while accepting lower profit margins per patient.

The result, according to Marsocci, is faster and easier access to top specialists and lower costs for uninsured patients.

The Lawsuit

Key points raised in Insource Development Services of Batavia, LLC. vs. HealthNow New York, Inc. and United Memorial Medical Center. UMMC operates two urgent care clinics, one at St. Jerome's and one in Le Roy. The suit alleges these clinics keep irregular hours and are frequently closed. Services offered by these clinics are allegedly limited and patients are frequently referred to UMMC's emergency room. HealthNow allegedly entered into discussions with Insource two years ago about opening an urgent care clinic in Batavia and encouraged Insource to take on the project. When Insource and HealthNow -- which covers 50 percent of the insured in Genesee County -- were about to agree to terms for rates, the suit alleges, HealthNow broke off communications unexpectedly and without explanation. The suit alleges ER care at UMMC costs at least $1,500, below the now-common high-deductable plan of $3,000, and Insource provides the same service for $150. The suit alleges that HealthNow and UMMC entered into an agreement to restrict competition in Genesee County. UMMC allegedly used anti-competitive practices to drive Lakeside's urgent care clinic out of Le Roy. UMMC has used "agents" to contact healthcare providers in Genesee County to discourage their cooperation with Insource. Insource alleges that UMMC is acting to protect its monopoly position in Genesee County.

In its lawsuit, Insource claims a typical emergency room visit to UMMC costs at least $1,500. The same service through Insource would cost $150.

"I think people deserve a choice," Marsocci said. "Isn't free enterprise what America is all about? Competition is good. It ups the quality, or should, so why not? Why should United Memorial have a monopoly?"

The typical urgent care model is kind of like a doc-in-the-box. The clinics are usually only opened in high-volume communities -- such as well-populated suburbs or densely populated urban neighborhoods. They treat minor injuries and illnesses and do very little in the way of referrals. They're not the place to go if you're seriously ill.

Insource can provide health care as basic as a physical for a high school athlete, up to arranging a consultation with a heart surgeon.

In other words, from a patient perspective, the company can do everything UMMC does, but without the overhead.

When a business planner with an eye toward disruptive innovation looks at a potential opportunity, the planner will try to identify an unmet need and a job to be done.

The unmet need in Genesee County, according to Marsocci, is the lack of top-tier specialists. It's not that they're not here, but there are fewer of them.

And, many local residents -- like it or not, it's true, notes Marsocci -- also lack faith in specialist referrals through UMMC.

This isn't a problem unique to Genesee County or UMMC. It's common in rural counties across the United States.

For the local patient who needs or wants care with a top-tier specialist, the only option until now has been to drive 30 or 40 minutes to Rochester or Buffalo.

"The care here, unfortunately, and I can say this because I've lived in Genesee County all my life, the care here has been substandard for years," Marsocci said. "I don't mean that disparagingly, but I'm saying, call a spade a spade. When I need care beyond primary care, I travel. I have been in those situations where I used a local specialist and it didn't end positively for me, and I've had those times where I was lucky. But you learn through a couple of experiences and you're not going to do it again, so I go east or west."

The job to be done, then, for Insource, is to connect patients who need specialized service with specialists without making them drive for miles and miles.

Computers, laptops, smartphones, tablets, closed-circuit cameras, LCD screens and the Internet -- all the tools of telemedicine -- means those miles, and the wasted time that goes with them, disappear.

The example Marsocci used was of a patient who came to Insource in early Jully complaining of debilitating back pain.

Initially, the concern was that he had a kidney stone, but a CT scan found a growth on his spine. A surgeon and specialist in spinal problems who will soon be one of Insources subtenants was consulted using telemedicine tools. The doctor confirmed the diagnosis and told Insource to have the patient call him on his mobile phone the next day -- July 4 -- for a follow-up consultation.

Two weeks ago, the patient had surgery to remove the growth.

"If that man had gone to any other urgent care, they would not have wanted to spend any more time on him than they had to," Marsocci said. "If they didn't have access to a CT then they knew they were wasting time on him and not getting paid. They would just want to get him out the door.  He would have to go to the emergency room then, which means he's going to spend a lot of money for something we did perfectly well here."

"It's pretty exciting to say he had surgery probably before he even would have seen the spine surgeon had he went anywhere else," Marsocci added.

All of these improvements -- better access to specialists, lower costs -- just make good business sense.

"Why can't the people in this community have the same level of care as the people in Buffalo or the people in Rochester?" Marsocci asked.

The response from local doctors to Insource, even those associated with UMMC, has been uniformly positive, Marsocci said. Insource refers patients to local doctors and to UMMC on a daily basis. The goal is to get the patient the best treatment possible, and that often means local doctors and local specialists are the best resources for local patients.

And local health care providers have found Insource a valuable resource, even referring patients to Insource, she said.

If all this makes so much sense, why aren't established urgent care companies around the nation providing the same service? Why isn't UMMC?

Mark Celmer

Yesterday, Mark Celmer, president of Insource, spoke with The Batavian's news partner, WBTA, about the lawsuit. Here's what he said. “I do find it absolutely reprehensible that any member of Genesee County that’s insured by HealthNow can travel 40 miles to Erie County and go to any of 22 urgent care sites and be fully covered for their urgent care visit, but they cannot come to the newest one on Main Street, Batavia. I find that just absolutely reprehensible.” “I would like HealthNow to say, ‘Genesee County residents: if you want to go to the urgent care center at the Jerome Center, if you want to go the urgent care center in Le Roy, if you want to go to the emergency room at United Memorial, or if you want to go to Insource Urgent Care Center on Main Street, Godspeed, let’s get going.’ ”

As we said, we lack UMMC's perspective on this competitive climate, but we do know about the patterns of disruptive innovation.

In any classic case of disruptor vs. the disrupted, the incumbents either under-value the disruption or feel trapped by their established business model. The incumbent sees no way to extricate itself from its present business model, no matter how threatening the disruptive innovation might be.

Newspapers, for example, have found it difficult to transition to an online news model because higher profits are found in their dead tree editions. 

While it costs less to produce digital news, the revenues are also substantially lower -- The New York Times publisher once said it was like converting print dollars into digital dimes -- and profit margins are slender to nonexistent (especially if newspapers want to maintain their current newsroom cost structure). Even as readers flee from printed newspapers, incumbent publishers are loathe to go to an online-only business model.

It's very difficult for an incumbent to give up a profitable line of business in favor of a business model that means lower revenue and less profit, especially when successful models are few and far between.

Sailing ship builders couldn't do it when the steam engines came along; Detroit couldn't do it when Japanese cars hit the market; mainframe computer makers couldn't do it when personal computers were first being sold; and, Kodak couldn't do it when digital cameras became popular (and Kodak INVENTED the digital camera).

"We're trying to make sense of where everything should be -- lowering costs, improving quality, improving satisfaction, improving access," Marsocci said. "That's where we find ourselves as disruptive innovators. Nobody in the urgent care business wants to spend the amount of time that we did putting together a formal telemedicine program or the way we do things with continuity of care, having subtenant specialists in our center.

"They want the low-hanging fruit," she added. "It can be a very lucrative business, so they want to find a place in a heavy-traffic shopping plaza and just put up a center and see how many patients they can see each day and make as much money as they possibly can. Where we're really focused on what we're preaching. Continuity of care."

NOTE: Early yesterday evening, The Batavian sent an e-mail to Colleen Flynn, spokeswoman for UMMC, and outlined the nature of the article we were writing about the lawsuit and invited UMMC to comment on the topics raised in this article. The Batavian received no response to the e-mail.

Ryan Christopher Riggi, 18, of North Street, Le Roy, is charged with criminal mischief 4th. Riggi is accused of destroying jail property while incarcerated.

Jake F. Dumas, 23, of 260 Whalen Road, Massena, is charged with trespass. Dumas was allegedly told to leave Billy Goats bar and then refused to leave.

Tony C. Bigtree, 23, of 167 Helenea Road, Hoagansburg, is charged with trespass. Bigtree allegedly refused to leave Billy Goats bar after being told to leave.

David William Santry, 21, of Robin Court, West Seneca, is charged with unlawful dealing with a child, 1st. Santry is accused of providing alcohol to people under age 21 at a party on July 6.

Lisa M. Randall, 45, of Kelsey Road, Batavia, is charged with petit larceny. Randall is accused of shoplifting at Target.

Terry A. Espinosa, 42, of 26 Ganson Ave., Batavia, is charged with disobeying a court mandate.  Espinosa is accused of allowing her children to have contact with a male acquaintance in violation of a Family Court order.

Patrick Leslie Gugluzza, 34, of Broadway Road, Alexander, was arrested on a bench warrant for alleged failure to pay fines related to charges of DWI/drugs, following too closely, criminal possession of a controlled substance and criminal possession of a hypodermic instrument.  Gugluzza was jailed on $1,000 bail.

Rachael J. Tabelski, communications director for Genesee County Economic Development Center, released the following details on the four projects that will be considered by the GCEDC board this afternoon. The board meets at 4 p.m. at the MedTech Centre, 99 MedTech Drive (across from the college).

1. (GCEDC) Proposed sales tax and property tax abatement -- Graham Corp.
Graham Corporation would like to renovate the "old" plant area, located at the corner of Harvester Avenue and Howard Street in the City of Batavia. A new bay will be constructed (12,439 square feet) that will enclose the area between two manufacturing bays located facing Harvester Avenue along with renovations of office and manufacturing areas. In addition, a new building (3,800 square feet) will be constructed on the 20 Florence St. property. This new building will be used for X-ray inspections of welds done during the fabrication process. Graham currently has 311 full-time equivalent (FTE) employees and expects to add 30 more over three years after the certificate of occupancy is obtained for these renovations. Board Action Request: Approval of an initial resolution to accept the application, and schedule a public hearing as benefits exceed $100,000. The application for the expansion project includes a sales tax exemption ($240,000) and property tax abatement on the incremental increase in assessed value ($243,396). Historical Look: The last expansion project that Graham undertook and the GCEDC assisted was in 2011. At the time, Graham had 278 FTE’s and pledged 30 new jobs in three years for a total of 308 FTEs. According to its 2013 application the company has exceeded its employment goals and plans to keep growing.

2. (GCEDC) Proposed sales tax and mortgage tax exemption and property tax abatement -- Guthrie Heli-Arc, Inc. 
Guthrie Heli-Arc, Inc., is a federally certified repair facility for transportation vessels. For the past 22 years its has operated out of a rented facility in Bergen. That facility has been sold, and the lease will terminate. CLR Industries, LLC, real estate holding company, has purchased a facility at 6276 Clinton Street Road in Stafford. The company plans on moving into the Stafford facility after a 7200-square-foot addition to the existing structure is completed. The addition is necessary to accommodate workflow. Board Action Request: Approval of a final resolution to approve incentives for the proposed project. The application for the expansion project includes a sales tax ($14,400) and mortgage tax exemption ($3,750) and property tax abatement on the incremental increase in assessed value ($58,902).

3. (GCEDC) Proposed RLF  for business expansion Pellegrino Auto Sales
The company is seeking a 16’x48’ expansion to the current facility and office renovation of 12’x38' at 4060 Pearl Street Road in the Town of Batavia. This will allow for three times the office space for future growth. The company is investing $150,000 and pledging 2.5 FTEs and retaining 5.5 FTEs. Board Action Request: Approval of a $75,000 from the revolving loan fund.

4. (GGLDC) Proposed RLF from the Batavia Micropolitan Area Community Redevelopment Loan Fund -- Jackson Square, LLC.
The former Carr's warehouse was built around 1880 in what is today known as Jackson Square. The company is looking to convert the former warehouse into a mixed-use, commercial and residential site. The ground floor will have flex office/light industrial and four new market rate apartments on the second and third floors. The City of Batavia is current owner of building and will transfer the title to the Batavia Development Corporation for sale to 13 Jackson Square, LLC. It is our understanding that the City of Batavia is looking to assist the project with its 485-A real property tax exemption. Board Action Request: Approval of a $100,000 from Batavia Micropolitan Area Community Redevelopment Loan Fund. Historical look: Board approved final resolution in July 2013 for sales tax ($24,816) and mortgage tax exemption ($2,994) contingent upon 13 Jackson Square, LLC, purchasing the building.

Alabama Fire Department is responding to a motor-vehicle accident on Meadville Road where the driver reportedly has a broken leg and says his vehicle has been stuck in a ditch for eight hours.

Mercy Flight 5 out of Batavia requested to the scene.

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Jayme Jack Ellsworth, 36, of 14 McKinley Ave., Batavia, is charged with grand larceny, 4th, and identify theft, 3rd. Ellsworth is accused of stealing the credit card of another person and using it.

Sean Matthew Murphy, 21, of McKinley Parkway, Blasdell, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Murphy was stopped at 11:03 p.m. Tuesday on Sumner Road, Darien, by Deputy Dana Richardson.

Derik Frazier Preston Sharkey, 18, of Center Street, Horseheads, is charged with disorderly conduct. Sharkey is accused of becoming disorderly after being ejected from the concert at Darien Lake and refusing to leave and pushing security.

Tiffany Elizabeth Schultz, 18, of Sanford Road, Perry, is charged with criminal trespass, 3rd. Schultz was allegedly found on Darien Lake Theme Park property at 5:45 p.m Monday after previously being banned from the property.

Shiasia Unique Hill,18, of Herald Street, Rochester, was arrested on a bench warrant for alleged failure to pay a fine related to a petit larceny arrest. Hill was jailed on $250 bail.

Eva A. Twichell, 47, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Twichell was stopped at 9:41 p.m. Sunday in the Town of Batavia by State Police.

Information and photos provided by Elizabeth Bentley-Huber.

Boy Scouts Tristan Korzelius, Jake Houseknecht and Ryan Missel installed storm drain markers in the City of Batavia on Saturday as part of an ongoing effort by the Tonawanda Creek Watershed Committee to remind people that what goes down storm drains has a direct impact on the quality of water in the Tonawanda.

A dozen volunteers installed 253 medallions over storm drain inlets throughout the city.

Tonawanda Creek committee members and local volunteers have also installed these markers in the Village of Attica, hamlets of Varysburg, North Java and Johnsonburg. Last year members installed medallions in the City of Tonawanda and North Tonawanda.

If you are interested in joining this effort or have any questions, please contact Elizabeth Bentley-Huber at Genesee County Soil & Water Conservation District at 585-343-2362 or at Elizabeth.Bentley-Huber@ny.nacdnet.net.

Kirk Peryea and Lucy Pietrzykowski

Kirk Peryea, Lucy Pietrzykowski, Greg Houseknecht, Jake Houseknecht, Tristan Korzelius, Ryan Missel, Robert Cassatt, Molly Stetz. Absent: James Tuttle, Les Winters, David Winters, Addison Winters. These volunteers installed 253 medallions over storm drains in the City of Batavia on July 27, 2013.

The following people were arrested during the Lil’ Wayne Concert at Darien Lake Performing Arts Center on Tuesday.

Sophia P. Frank, 19, Kraig Road, Pittsford, is charged with trespass after allegedly refusing to leave the concert venue after being told numerous times to leave. Frank was jailed on $250 bail.

Shawn M. Gombos, 24, South Park Parkway, Buffalo, is charged with trespass after attempting to reenter the concert venue after being ejected and told not to return. Gombos was jailed on $250 bail.

Jelyejuan J. C. Walker, 18, Colt Street, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Tiffany A. Pope, 18, Forest Hill Drive, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Kevin J. Goldsmith, 20, Brook Court, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Paul C. Reinis, 19, Shoecraft Road, Penfield, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Andrew J. Lawrence, 18, Norris Street, Buffalo, is charged with unlawful possession of marijuana and possession of alcohol after allegedly being found in possession of marijuana and alcohol.

Jeffrey V. Janese, 18, Woodland Avenue, Niagara Falls, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Christian A. Fieckert, 19, Amherst Drive, Buffalo, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Cody H. Bauth, 19, Hirschfield Drive, Williamsville, charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Michael J. Diliberto, 18, Moulton Avenue, Tonanwanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zacharie T. Capozzi, 18, Glenhurst Road, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Bradley A. Thomas, 18, Lynbrook Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Joshua L. Cunningham, 19, Old Country Road, Rochester, is charged with disorderly conduct after allegedly fighting with security while being ejected from the concert venue.

Aaron J. Haskell, 24, Daywood Drive, Baldwinsville, is charged with criminal trespass, 3rd, after allegedly reenter the concert venue after being ejected and told not to return.

Jacob D. Raczka, 23, Boncroff Avenue, West Seneca, is charged with trespass and disorderly conduct after allegedly engaging in a fight in the concert line and then reentered the concert venue after having been ejected for the earlier fight.

Marissa E. Brucato, 18, Splendorwood Drive, Penfield, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been previously ejected.

Aaron J. Goodspeed, 17, Tift Street, Buffalo, is charged with trespass after allegedly attempting to enter the concert venue after having been previously ejected and told not to return.

Jacob R. Brock, 20, Ward Road, North Tonawanda, is charged with trespass after allegedly refusing to leave Darien Lake property after being told several times.

Ryan C. Elliott, 16, Shores Road, Ulster, Pa., is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Amastushia L. Spikes, 22, Columbia Avenue, Batavia, is charged with three counts of harassment, 2nd, after allegedly striking a security guard and two other people while being ejected from the concert.

Christina M. Laughlon, 25, Lasalle Avenue, Niagara Falls, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Maverick R. McMurray, 24, Columbia Avenue, Batavia, charged with harassment, 2nd, after allegedly punching another subject in the head several times.

Ryan J. Keyes, 21, Irvine, charged with disorderly conduct after allegedly engaging in a fight while refusing to leave the venue.

The following people were issued citations for allegedly consumption/possession of alcohol under age 21.

Andrew J. Mikos, 17, Washington Street, Geneva
Joshua J. Krause, 19, Seasons Trail, Webster
Taryn E. Laffin, 19, Finwood Drive, Baldwinsville
Jade M. Massimi, 19, Penora Street, Depew
Kacey D. Ezra, 18, Parkdale Ave Fort Erie, Ontario, Canada
Patrick G. Stairs, 17, Helena Street, Fort Erie, Ontario, Canada
Joshua C. Rosettani, 17, Parkdale Avenue, Fort Erie, Ontario, Canada
Tara M. Songster, 20, School Street, Farmersville
Adrian Skudrinja, 18, Oakview Drive, Williamsville
Janelle N. Migliore, 17, Culpepper Road, Williamsville
Erika L. Rouland, 18, Keli Drive, Waterloo
Cady J. Rouland, 18, Keli Drive, Waterloo
Jessica M. Conkey, 18, Waterloo-Geneva Road, Waterloo
Kyle L. Lipp, 20, Arbor Road, Walworth
Ashley M. Monti, 20, East Main Street, Mount Jewett, Pa.
Samantha M. Battaglia, 20, Greeves Street, Kane, Pa.
Daniel R. Gocher, 19, Feigle Road, Lockport
Shanna M. Krugolets, 17, Ranch Trail, West Amherst
Hannah A. Laschiavo, 19, Millersport Hwy. Amherst
Zachary P. Rodems, 19, Glenn Oak Drive, East Amherst
Julian M. Richmond, 19, South Roberts Road, Dunkirk
Andrew J. Mast, 17, Martin Road, Clarence
Christopher J. Jackson, 19, Pendale Circle, North Tonawanda
Troy W. Berger, 19, Brockmoore Drive, East Amherst
Dylan P. Murphy, 18, Dawn Avenue, Angola
Michaela A. Stepniak, 18, Erie Road, Angola
Ashley M. House, 20, County Route 87, Hammondsport
Brandon A. Bullock, 20, Hundrat Drive, Parker Heights, Texas
Paul D. Gohlman, 19, Maple Beach Road, Geneseo
Charles J. Biddle, 20, Braunview Way, Orchard Park
Jason H. Kasper, 20, East Green Street, Olean
Jared J. Mitchell, 19, Irving Street, Olean
Alberto Rodriguez, 20, Scenic Circle, Rochester
Bria P. Cole, 19, Pleasant Street, Pottsdam
Sterling T. Jones, 19, East Avenue, Lockport
Atiana L. German, 18, Youngs Road, Williamsville
Chelsea M. Sutterlin, 19, South Union Street, Olean
Brennan J. McDonnell, 20, Woodridge Avenue, Buffalo
Aaron D. Ritter, 19, Courtly Circle, Rochester
Cody C. Cook, 17, Mayberry Drive, East Buffalo
Jacob M. Swiatowy, 19, Porter Avenue, Batavia
Nicholas J. Mungillo, 18, Union Square Batavia
Jeffrey C. White, 20, Bennett Road, Bloomfield
Michael E. Sciarratta, 19, Wendover Road, Penfield
Patricia L. Snavely, 17, School Street, Victor
Emily A. Baumgartner, 17, Gannett Road, Farmington
Jeffrey T. Kosakowski, 18, Cadyville Road, Livonia
Ryan P. Brogan, 19, Hosmer Drive, Syracuse
Katelyn N. Hemmingway, 17, Lyndale Avenue, Tonawanda
Sarra T. Kashyap, 19, West 8th Street, Columbus, Ohio
Adel R. Adam-Eskander, 17, Berg Street, Ontario, Canada
Franjo B. Taber, 19, Crowley Avenue, Buffalo
Randall J. Marcaitis, 19, Winchester Drive, Fairport
Joseph A. Vecchiarelli, 20, Main Street, Woodstock
Madeline R. Meyer, 17, Macarthin Drive, Williamsville
Aaron D. Buckley, 18, Lakeville Lane, Webster
Zachary M. Lagana, 19, Church Street, Phelps

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its Aug. 1 board meeting. The board anticipates reviewing two revolving loan fund applications at this meeting as well.

Graham Corporation is seeking sales and property tax abatement for an expansion of its existing facilities. A new bay will be constructed (12,439 square feet) that will enclose the area between two manufacturing bays facing Harvester Avenue along with renovations of office and manufacturing areas. In addition, a new building (3,800 square feet) will be constructed on the 20 Florence St. property. This new building will be used for X-ray inspections of welds done during the fabrication process.

The total capital investment of the project is estimated to be approximately $5,500,000, with the proposed tax incentives contributing $483,396. Graham currently has 311 full-time equivalent (FTE) employees and expects to add 30 more over three years after the certificate of occupancy is obtained for these renovations.

The estimated economic impact of the project is 17.30:1. For every dollar of tax relief granted, the company will invest $17.30 into the local economy. Because the proposed incentives exceed $100,000, the board will first consider an initial resolution to be followed by a public hearing.   

The last expansion project that Graham undertook – also with assistance from the GCEDC – was in 2011. At the time Graham had 278 FTEs and pledged 30 new jobs in three years for a total of 308 FTEs. According to its 2013 application, the company has exceeded its employment goals and plans to continue growing.

Guthrie Heli-Arc, a federally certified repair facility for transportation vehicles, is seeking sales and mortgage tax exemption and property tax abatement for an expansion and relocation project. For the past 22 years, the company has operated out of a rented facility in Bergen. That facility has been sold, and their lease will terminate. CLR Industries, LLC, a real estate holding company, has purchased a facility at 6276 Clinton Street Road in Stafford. Guthrie Heli-Arc plans on moving into the Stafford facility after a 7200-square-foot addition to the existing structure is completed. The addition is necessary to accommodate workflow.

The total capital investment of the project is estimated to be approximately $300,000, with the proposed tax incentives contributing $77,052. Guthrie Heli-Arc estimates that the project will allow the company to create two new jobs while retaining six others. The estimated economic impact of the project is 9.4:1. For every dollar of tax relief granted, the company will invest $9.40 into the local economy. 

All GCEDC Board meetings are open to the public. Meetings are held on the second floor of the Dr. Bruce A. Holm Upstate Med & Tech Park, located at 99 MedTech Drive in the Town of Batavia, across from Genesee Community College. The meeting is anticipated to convene at 4 p.m.

Press release:

The Genesee County AmeriCorps Program, in collaboration with the Genesee County and Batavia youth bureaus, is planning the annual Safe Summer Children’s Carnival from 10:30 a.m. until 2 p.m. on Thursday, Aug. 1 at Falleti’s Ice Arena, 22 Evans St. in Batavia. It's open to the public.

One dollar buys a ticket to play 10 games, and children can win “funny money” to redeem for prizes.

Entertainment by “Charlie and Checkers” is scheduled from 10:30-11:30 a.m. and the games will run from 11 a.m. to 2 p.m. There will also be several community agency booths.  Visiting these booths enters a child to win an iPod Shuffle.

For more information on the carnival please contact Chelsea at the Genesee County Youth Bureau at 344-3960.

Press release:

The Genesee, Orleans and Wyoming County health departments are encouraging county residents to “Choose Health.” Taking small steps in our day-to-day living and making positive health choices will lead to healthier outcomes. Is this a step you can take?

When you consider the information that you receive regarding your health, where does the majority of the information come from? A doctor, the Internet, family, friends, or coworkers? Some of this information might be excellent, while other information may be incorrect or too broad to adopt as part of your healthy routine. As always, we encourage you to seek out the best information in order to make informed health choices.

Beginning in September, the Genesee County Health Department will offer new and up-to-date technology to all patients in the clinic waiting room and to those we meet during educational community events. The new technology is made available through an exciting award to the county through the National Network of Libraries of Medicine. The award provides iPad devices, kiosks, a printer, and a large screen television to make accessing health information fun and inviting.

Free of charge, patients have the opportunity to get directly connected to health information using Web sites that the National Network of Libraries of Medicine support, ensuring the information you receive is reliable. This can be health information relevant to your visit, or related to other health concerns. Patients have the ability to print the information out to take home or to use it to consult with a health professional at the clinic.

Unsure how to use an iPad tablet? The waiting room will be stocked with directions as to how to easily operate and use the technology while waiting.

The National Network of Libraries of Medicine supports various Web sites including Medline Plus, AIDSinfo, NIH Senior Health, ToxTown, and many more. Each Web site is designed to be easily understood and offers tips on how individuals can make healthy choices. Even if you do not use Genesee County clinics or miss the opportunity at community events, we highly recommend each of the Web sites for great day-to-day health information.

There are three different clinics that are offered through the Genesee County Health Department; Immunization, STD/HIV Testing and Tuberculosis Testing.  The Immunization Clinic is offered by appointment, twice a month, for both adults and children. The STD/HIV Testing Clinic is a walk-in clinic, offered every Tuesday from 9 to 11 a.m. The Tuberculosis Testing Clinic is also available twice a month and on a walk-in basis, too. To make an appointment and to check for clinic dates please visit the department’s Web site or Facebook page.

You can easily become a health-conscious consumer by accessing reliable health information and using it to make healthier choices. Utilizing this educational opportunity now makes it easier than ever! 

This project has been funded in whole or in part with federal funds from the National Library of Medicine, National Institute of Health, Department of Health and Human Services, under Contract No. HHS-N-276-2011-00003-C with the University of Pittsburgh, Health Sciences Library System.

A special thank you goes to Carrie Whipple for her assistance and research for this column. Carrie is a Public Health Intern with the Orleans County Health Department and is receiving her master’s degree from the University of New England.

For information about health department services:
    •    Genesee County Health Department call: 344-2580, ext. 5000, or visit their Web site at www.co.genesee.ny.us/departments/health/index.html. Visit Facebook at Genesee County Health Department and Twitter at GeneseeCoHealthDept.
    •    Orleans County Health Department call: 589-3278 or check out our Web site at:  www.orleansny.com/publichealth. Visit Facebook and Twitter: the user name for both is OrleansCoHealth.  
    •    Wyoming County Health Department call: 786-8890 or visit their Web site at www.wyomingco.net/health/main.html.

Like most of us, Tom King works hard to make ends meet.

So an $1,800 loss following a hit-and-run accident in Oakfield is hard to take.

He's hoping readers of The Batavian will help solve the crime.

His wife's car was struck by a dark-colored pickup truck at about 11:30 p.m., July 6 on Sunrise Parkway. The truck, driven by a male driver, then fled the scene at a high rate of speed. The truck likely suffered front-end damage.

State Police are handling the investigation but have been unable to locate the truck or the driver.

King's wife and daughter were in the car and suffered minor injuries. King was standing on the front porch of his home, he said, and witnessed the accident.

The car is a total loss. The rear was smashed and the frame cracked.

"All I'm asking for is a little help," King said. "We work hard for the little that we have, but an $1,800 loss for the car is too much."

Anybody with information that may help solve the case can contact State Police at (585) 344-6200.

A man who suffered a serious head injury during an altercation at the Kid Rock concert at Darien Lake on July 6 is making medical progress, according to a Facebook page maintained by his family.

Jason McNeil, 43, of Tuscaloosa, Ala., has reportedly been sitting up and communicating with his family.

Here's an entry from Sunday:

Today was a good day. Jason was sitting up, waiting on our arrival. He looked himself and even gave me a kiss! I also got the "I love you" sign before we had to leave. He was exhausted by the end and we left him to rest. Praying for more good days to come.

The man who allegedly hit him, Craig Malcolm Lawson, 34, of Talbot Street, Courtland, Ontario, Canada, was originally scheduled for a court appearance this evening, but that appearance has been rescheduled to Sept 3.

The attorney handling the case for the prosecution, Robert Zickl, is out of the office today, so we don't know why the appearance was rescheduled, but it's also not unusual to change appearance dates at this stage of proceedings.

Lawson was initially charged with a misdemeanor, assault in the third degree, and while it's possible the charge could be upgraded to a felony of assault, 2nd, the prosecution would need to prove the suspect intended to cause serious physical injury to sustain the charge.

According to witness accounts, McNeil was hit once and fell backward, striking his head on the pavement.

He was initially in a coma but according to the Facebook page, he appears to be conscious and aware of the people around him over the past few days.

McNeil, originally from Alden, is reportedly well known in Tuscaloosa for his volunteer and charity work.

His family set up a donation page to help assist with his medical needs, which has so far received more than $44,000 with 11 days left to reach a goal of $50,000. Among the apparent donors was Kid Rock, who reportedly gave $5,000.

It's an ambitious plan, one that takes in 366 acres in the heart of Batavia and targets at least five major areas for redevelopment, and it got a some favorable responses at a special public meeting Monday night.

"There have been a lot of plans done over the past 15 years and they have been shelved," said local businesswoman Mary Valle. "Now, we are ready to move forward. There are a lot of exciting things going on in the county and the city. I do believe the people are ready to support it and more forward."

Perhaps the most dramatic redevelopment proposal involves knocking down part of the downtown mall and extending Jackson Street north to Alva Place.

The plan would open up some of the mall concourse, improve parking and traffic circulation and improve development potential in the area, officials said.

An artist's rendering shows a new three-story, L-shaped building at the corner of the extended Jackson Street and Main as well as a new three-story building on the east side of the new Jackson Street, next to the existing Bank of Castile building.

"I like the idea that we are doing something," said Councilman Pier Cipollone. "I would prefer to see more retail come into the mall. I really like the idea of opening up the concourse.I would actually like to see the entire concourse opened up and create an open area walkway. I understand the notion of an indoor winter area, but I still thik it would make more sense to just open it up and give all those businesses access from the outside."

The plan also calls for redevelopment in and around the Della Penna building on Ellicott Street, to stretch down Evans toward Mill Street and along the railroad tracks almost to Jackson Street.

Included in what's known as the Batavia Opportunity Area is the Harvester Center -- which has already undergone some redevelopment with the Masse Place project -- and what the plan calls the medical corridor, which is the area east of Bank Street.

The plan builds on Batavia Central Corridor Urban Design, Marketing and Development Plan completed in 2006 and the recently completed Community Improvement Plan.

The planning phase is covered under a $260,000 state grant, the Brownfield Opportunity Areas Program.

The presentation, with artist renderings, is supposed to be posted on the Batavia Opportunity Area Web site some time this morning.

Story via The Batavian's official news partner, WBTA.

Should killer whales and dolphins be kept in captivity?

New York Times: Smart, Social and Erratic in Captivity

Jacquetta Simmons

In their vigorous effort to keep their client out of state prison, the attorneys for Jacquetta B. Simmons have presented arguments to the Appellate Division, Fourth District of the NY Supreme Court that challenge both her sentence and her conviction.

SImmons is the young woman who hit Grace Suozzi, then a 70-year-old cashier at Walmart on Christmas Eve 2011, and was later convicted of felony assault based on the injuries sustained by Suozzi and her age relative to Simmons, who was 26 at the time.

A year later, following a jury trial in Genesee County Court, Simmons was sentenced by Judge Robert C. Noonan to five years in prison and three years probation.

The defense contends that the sentence is harsh and excessive, that the evidence presented at trial doesn't support the finding of the jury, and even if it did, the law used to convict Simmons is unconstitutional.

District Attorney Lawrence Friedman has a differing view of the facts and the law and filed an answering brief.

Friedman said the attorneys will likely make oral arguments before the appellate court sometime in September and a ruling isn't likely before the end of the year.

Meanwhile, Simmons, now a mother, is out of prison with her sentence stayed until a decision is rendered.

Here's a summary of the defense's appeal:

The sentence is harsh and excessive.
The defense contends that under the current justice system, a judge is charged with selecting a sentence that will be best suited for rehabilitation of each defendant.

The judge should consider: 1) the nature of the offense; 2) the community's condemnation of the defendant's conduct; 3) the necessity of protection of the community; 4) the deterrent effect on others; 5) the potential for rehabilitation; and, 6) the defendant's previous record.

The defense leans heavily on the lack of criminal history for Simmons and her record of as a productive member of society, who had a job, an education and a history of volunteering in her community.

The defense contends that what Simmons did Dec. 24, 2011 -- whether it was a punch (as the prosecution maintains), a hit (the defense version) or an accident (the defense's argument at trial) -- it was "out of character" for a young woman admired by those who really know her.

While the prosecution maintained at sentencing and in its answering brief that Simmons has shown no remorse, the defense -- attorneys Earl Key and Anne Nichols -- are adamant in briefs that Simmons truly regrets her actions that busy shopping day in Walmart.

They state that at trial, Simmons admitted that she had opportunities to tone down the conflict at Walmart, but proceeded in a manner that eventually led to a harmful result.

"I still hold no hate or bitterness for Grace," Simmons said at trial. "I wish I had stop(ped) my movements before I pulled away then maybe there would have been no harm to her. I would take back that moment a million times."

The defense notes that the Probation Department, in its pre-sentence report, recommended a community-based (no jail time) sentence for Simmons.

The defense also cites several convictions in New York where defendants convicted of more serious crimes were given no more than five years in prison, or were given harsh sentences that were later reduced by the appellate court.

The verdict went against the weight of the evidence.
The defense has a different version of events and sees the testimony differently than the prosecution.

Whereas the prosecution argued at trial that Simmons planted her foot, swung back her arm and took a round-house punch that knocked Suozzi across the floor and caused facial fractures, the defense argues there is a different narrative that the jury did not fully consider.

The defense says the evidence presented at trial shows that Simmons was attempting to leave the store when Suozzi stepped in front of her and another Walmart employee grabbed the arm of Simmons, causing Simmons to swing it forward, striking Suozzi unintentionally.

According to the defense brief, Suozzi and other witnesses either forgot key facts or changed their testimony from their original statements to police in a manner that exaggerated events (Dylan Phillips, for example, was the only witness who testified that Simmons used the C-word at trial and was 15-20 feet away from the altercation).

On the other hand, according to the defense, Simmon's has remained consistent in her statements from the time of her arrest through her testimony.

"She maintained from day one that someone grabbed her arm from behind as she was pulling away as Ms. Suozzi came out from her register to confront her when she was struck," the defense states in its brief.

The defense contends also that Suozzi overstated the nature of her injuries at trial. The brief says that medical records provided to the jury show that her doctor wrote the month after the incident that her fractures were healed and that doctors' notes state that she said she wasn't taking pain medication (at trial, she said she took prescription pain pills for two weeks before switching to Tylenol).

The defense concludes, "... even in viewing the evidence in a light most favorable to the People, that the verdict of guilt is against the weight of the evidence and should be overturned."

The statute is unconstitutional.
After the basic felony assault charge against Simmons was thrown out because Noonan ruled that the grand jury had not received sufficient evidence that Simmons intended to cause serious physical injury, the prosecution was left with only one felony count to try.

That count is a relatively new law that makes it a felony for a person much younger than a person over 65 to cause injury to an older person.

It's often referred to as an elder abuse law.

The dispute between the defense and the prosecution over the law hangs on an arcane legal term, "strict liability."

Think of getting a speeding ticket: If you are driving in Corfu, going 55 mph in a 35 mph zone, it's no defense that you didn't know the posted speed limit was 35. You were going 55 in a 35 mph zone. You're guilty. Period.

In the Simmons case, the prosecution -- and Noonan agreed -- that Simmons need not have knowledge of her victim's exact age to violate the law. That's strict liability.

The defense contends the Legislature, in passing the law, did not intend strict liability, that in order to violate the law, the defendant would need to have knowledge of the victim's age.

"The grammatical construction," the defense writes, "of the statute couples the culpable mental state with the requirement that the actor cause injury to 'such person' which literally reads as an intent element requiring the defendant to have intended to assault a person age 65 years or older, which thereby requires knowledge of the victim's age."

Also, the legislation was enacted, the brief states, to deal with predatory attacks on seniors.

"The case of Ms. Simmons and Ms. Suozzi is certainly not one of a predatory attack," the defense states.

That statute as written, the defense contends, denies a defendant due process under the Fifth and Fourteenth amendments.

The prosecution answers.
The brief from the District Attorney's office, written by ADAs Will Zickl and Melissa Cianfrini, argues that the defense is wrong on both the law and the facts.

Key to the prosecution's case is what Simmons knew and when she knew it, and that isn't a matter of Suozzi's age, but whether Simmons intended to strike her.

While the defense has portrayed the act of Simmons hitting Suozzi as an accident, the prosecution states that in testimony and evidence, Simmons clearly knew what she was doing and why she did it, and has never shown remorse for her actions.

When Simmons was interviewed by Trooper James Baines the night of Dec. 11, 2011, Simmons waived her Miranda rights. Simmons asked to review the surveillance footage from Walmart.

Baines testified that Simmons then said, "someone grabbed her. She doesn't remember what happened. She just punched."

According to Baines, Simmons knew Suozzi was taken to a hospital, but never asked about her well being.

At trial, under cross-examination, Simmons admitted she was angry when a Walmart cashier asked her for a receipt for a prior purchase.

In a series of questions by Friedman, Simmons was asked about punching Suozzi, with Friedman repeatedly using to the word punch, and Simmons never corrected his use of that word.

At the end of the series of questions:

Q. She was a foot away from you, right in front of you, when you punched her, isn't that what you just said?
A. Yes.

Simmons also testified overhearing a woman in the Walmart parking lot after she and her brother ran out of the store saying, "You can't hit a white woman like that." 

Under questioning from Friedman, Simmons said that contrary to the testimony of Baines, she did ask if Suozzi was hurt.

Q. You asked how she was before he showed you the video?"
A. Yes, I did.
Q. So, before you ever knew you hit her, you asked Trooper Baines how she was, right?
A. Yes.

When it comes to the conviction, the prosecution states, "the testimony of the People's witnesses was essentially harmonious and, together with the video evidence offered by the People, painted a clear picture of the case. The defendant was hostile and increasingly aggressive during the incident, and the vicious punch the defendant administered evinced her intent to cause physical injury to the victim."

As for the constitutional question, the prosecution contends that the trial court ruled correctly that the Legislature intended strict liability under the law and that state of mind about the age of the victim was not necessary to win conviction.

As for the sentence, the prosecution continues to maintain that Simmons has never expressed sincere remorse or any real concern for the injuries inflicted on Grace Suozzi, therefore, the five-year prison sentence should stand.

"Despite the fact that the defendant's behavior would have justified an even greater sentence, the court demonstrated lenity by imposing considerably less than the maximum amount of incarceration available to it."

In response to the prosecution's brief, Nichols filed a response with the court that argues strenuously that Simmons expressed remorse.

"At sentencing," Nichols writes, "Ms. Simmons stood up in an open court and stated, 'I just want to say how truly sorry I am about the incident that happened. I hate that Grace and her family had to endure all the things that they are going through right now."

That's remorse, Nichols said.

"Plantiff-Respondent and the sentencing court have simply chosen to not accept Ms. Simmons' statements of remorse, which is different than Ms. Simmons not showing remorse at all."

It will be up to a group of justices in Rochester to sort through these contradictory views, decide which facts hold the most weight and how the law should be properly applied.

Whatever their decision, the case won't necessarily be over, with an appeal to the state's top appeals court possible.

For previous coverage of the Simmons case, click here.

Press release:

Congressman Chris Collins (NY-27) and families affected by juvenile diabetes came together today to support the Kids First Research Act (H.R. 2019). Collins is a cosponsor of the legislation that would eliminate federal funding for presidential campaigns and party conventions and re-allocate the funding to expand pediatric research at the National Institutes of Health (NIH).

“Instead of using federal taxpayer dollars to fund political activities every four years, our priority should be to support medical breakthroughs that would help children diagnosed with a range of diseases and disorders,” Congressman Collins said. “Instead of asking taxpayers for more of their hard-earned money, this nation has to reprioritize its spending. The Kids First Research Act will put the health and well-being of our children ahead of presidential politics.

“The millions of federal taxpayer dollars we currently spend on these party activities would help the NIH make huge strides in research and clinical trials aimed at curing and preventing juvenile (type 1) diabetes, childhood cancers, autism, and Down Syndrome, to name a few."

Specifically, the Kids First Research Act would eliminate the Presidential Election Campaign Fund (mainly used to finance party conventions) and re-allocate $130 million, over 10 years, to the NIH. 

“JDRF’s mission is to cure, treat and prevent diabetes,” said Patrick Marks, president of the WNY Chapter of JDRF, and a type 1 diabetic himself. “Passage of this legislation will help better equip the NIH to fund research that directly impacts the future of our children living with type 1 diabetes. Children with type 1 diabetes grow up to become adults with type 1 diabetes, and we need to cure this disease.”

This bill has the support of the Juvenile Diabetes Research Foundation (JDRF), Autism Speaks, the Children’s Hospital Association, the Coalition of Pediatric Medical Research, the National Down Syndrome Society and the Leukemia and Lymphoma Society, among others.

Each of the past two Monday's I've posted a simple message: When you join The Batavian Club, you are helping to support your favorite local news site. The simple message has been working. People have been joining.

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That's not just true of an online news site like The Batavian. It's true of any local news organization. 

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