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The final two defendants suspected of taking part in a meth lab operation at 28 Clay St., Le Roy, have gotten their get-out-jail-free cards.

Christopher J. Elmore and Koree R. Stephenson appeared in court this afternoon and Judge Robert C. Noonan granted First Assistant District Attorney David Gann's request to release both pending dismissal of the State charges against them by a lower court.

Like their three other co-defendants, Elmore and Stephenson are facing Federal drug charges and will be on supervised release under Federal jurisdiction. Elmore is also facing charges out of Le Roy for allegedly passing fake $10 bills. No bail had been set in that case, and it was not a factor in today's short hearing.

Bail had originally been set at $75,000 on all five defendants. The original state charge against all five was criminal possession of a controlled substance 2nd.

Yesterday afternoon Kari L. Riggi was released in the afternoon and Nathan D. Bernard was granted release in the morning on the State drug charges, though he's still serving a 90-day sentence on another charge. Joshua A. Miller, who appeared in court with his attorney, was already free pending trial but under a noon to 8 a.m. home curfew, which only allows him time to go to work.

At the federal level, all five are charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore also faces an enhanced weapons charge.

NOTE: This post confirms what we first reported yesterday that all five were due for release and that local charges are in the process of being dismissed.

(Billie Owens contributed to this story.)

Last night in Oakfield, the Oakfield-Alabama boys basketball team beat Elba 65-43.

A.J. Kehlenbeck had 27 points and 15 rebounds for O-A and Sam McCracken scored 18 points.

Zack Beechler scored 16 points for Elba. Matthew Ramsey, 11.

Both teams are now 6-5

More pictures after the jump:

BATAVIA, NY -- A Town of Pembroke board member was fined $200 yesterday following a bench trial in City Court for allowing fireworks to be detonated during a party at his house in June.

Several hundred people attended the party at Gary DeWind's house, according to Michael Mohun, his attorney. Mohun said the party was thrown in honor of DeWind's son, a major in the Army who was being sent to Afghanistan.

The casings for a total of eight rocket-type fireworks were recovered, Mohun said. "Not hundreds, but eight."

The trial was moved from Town of Pembroke Court to City Court because of DeWind's status as a board member and to avoid any possible conflict of interest. Judge Robert Balbick presided.

The charge was an infraction and carried fine of $80 plus a $120 surcharge.

"There was no property damage and nobody was hurt," Mohun said.

An 85-year-old driver damaged several mailboxes and other property Wednesday when he apparently lost control of his car in the area of 7575 Pearl St. Road, Oakfield.

Earl S. Smith Jr., of 15 Sunrise Parkway in Oakfield, was not seriously injured in the 4:20 p.m. accident.

Property damage was reported to mailboxes, trees and the yards of five different homes.

After reportedly driving off the right shoulder, striking a mailbox, a bush and a tree, Smith reportedly tried to drive back onto the roadway before his car became stuck on the opposite shoulder.

Smith was cited for failure to stay in his lane of travel.

Bret L. Bellacosa, 51, of 7852 Hewes Road, Bergen, is charged with grand larceny 4th. Bellacosa is accused of allegedly using his employer's credit card to fill up his personal vehicle with gas on several occasions. The total amount purchased reportedly exceeded $1,000. The case was investigated by Det. Charles Dudek of the Batavia Police Department.

Sean Douglas Lacy, 23, of 7248 W. Bergen Road, Bergen, is charged with harassment 2nd. Lacy was arrested late last night for allegedly punching another person in the face.

Lisa M. Smith, 37, of 5 Thorpe St., Batavia, is charged with criminal contempt 2nd. Smith allegedly called another person in violation of an order of protection.

John T. Kingsley, 32, of Stafford, is charged with 30 counts of petit larceny. Kingsley was arrested Jan. 14 by State Police for allegedly stealing from a business on Veterans Memorial Drive. No further details were released.

Accident reports from the State Police blotter:

8:54 a.m., Jan. 19, Route 77, Pembroke, two vehicles; Driver 1: Tammy M. Corbin, 29, of Batavia; Driver 2: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

There's rural aplenty in these parts, but it doesn't get much more rural than Alabama.

With its wildlife refuge, Native American reservation, its hundreds of acres of open space, farmland and roads that can stretch for a mile or two between houses, Alabama is something like the wide-open West of Genesee County.

All of that could change -- or at least that's the fear of some Alabama residents -- if the GCEDC is able to push through plans to develop a high-tech industrial part over 1,300 acres in Alabama.

Alabama farmer Bryan Phelps -- who's grandfather started farming in Alabama in 1919 -- gave an impassioned speech to the Ways and Means Committee on Wednesday arguing against the GCEDC's plans.

The project, known as STAMP, for Science and Technology Advanced Manufacturing Park, would forever alter the rural nature of Alabama, Phelps said.

"If you bring the STAMP program to the Town of Alabama then the same thing will happen here that happened in Clarence and Lancaster," Phelps said.  "I know you might think nothing will happen, but it will be here and the houses will come and the farms will disappear and residential growth will occur, and our taxes go up and restrictions on farming practices increase."

Sure, we need the jobs, Phelps said, but at what cost?

GCEDC has projected that STAMP will create hundreds of jobs in the $15 to $25 per hour range, plus management positions that pay as much as $200,000 and add $500 million to the county's tax base.

Those are hard numbers to ignore, Phelps acknowledged, but he doesn't think farmland needs to be destroyed to make them happen. There are plenty of old, empty industrial buildings in Batavia and elsewhere in Western New York that can be renovated.

“It’s been said that rural development leads to rural destruction," Phelps said. "When development or destruction of rural farmland takes place, the needs for such services as schools, sewers, garbage collection, police forces, traffic control and water delivery go way up."

It's not hard to imagine housing development following STAMP, followed by new chain-laden shopping centers and pretty soon, you have Lancaster or Clarence.

Phelps wants none of that, and he said many Town of Alabama residents share his concerns.

The third-generation farmer found a sympathetic ear in Legislator Ed DeJaneiro, who sat down with Phelps after the Ways and Means Committee meeting was over and commiserated.

But DeJaneiro also noted, Genesee County needs jobs.

"I agree with him we on many of his concerns about this program," DeJaneiro said. "Prospective companies come in relying on tax dollars and end up using valuable land, but if we don't do it, somebody else will. We do need the jobs, so it's not as clear cut as he says."

Ray Cianfrini, who represents Alabama in the County Legislature, is pretty enthusiastic about the STAMP project and believes most Alabama residents support it.

"The land (for the project) is not considered the most productive land in Alabama,"  Cianfrini said. "It's owned by three of the largest farmers in our area. They certainly apparently had no reservations in taking the land out of production."

The final say on whether to approve the project, Cianfrini, will lie with the Town of Alabama board.

At today's Ways and Means Committee meeting, Sno-Packers Snowmobile Club representative Kevin Fisher could only laugh.

"It's not easy, is it?" County Attorney John Rizzo said.

For Fisher and the other club members, getting their bridge restored on Sour Springs Road in Alabama has been a long process. There is always one more step.

Today's step was for the Ways and Means Committee to refer a resolution to the full County Legislature. It authorizes Chairwoman Mary Pat Hancock to sign an agreement with the Town of Alabama accepting indemnification from any liability for the bridge.

There's always a wrinkle, of course, and in this case, according to Legislator Ray Cianfrini, who represents Alabama, the town attorney wants the Sno-Packers to be a party to the agreement.

But both Cianfrini and Rizzo said from the county perspective, it's a two-party agreement and there's nothing preventing the Town of Alabama from signing an agreement with Sno-Packers.

"That's raising some controversy that we don't necessarily agree with," said Ray " ... We want to make sure that we fulfill our side of the agreement by referring it to the Legislature to approve for signature."

For Fisher, he would just like to get the bridge in as soon as possible and he was hoping to find some way to start installation even before all of the agreements are signed.

"Right now we have a break in the weather," Fisher said. "It would be much more pleasant to set that bridge back in place now when it's 40 degrees than two weeks from now when it's 20. That's our only thing. We understand if it can't be done, it can't be done."

Lower interest rates on bond sales could allow the county to save more than $1 million in interest payments, County Treasurer Scott German told the Ways and Means Committee this afternoon.

German was there to seek authorization to rebond some of the county's previous bond purchases -- ones that helped build the court facility, make improvements to the county building and old courthouse, build the GCC technology center and renovate the county nursing home.

In all, the four projects account for $10.7 million in principle the county must repay, with interest rates as high as 5.3 percent. 

Once rebonded, rates would range from 3.5 to 3.7 percent.

The total savings would add up to $1,024,530.

The principle of the old bonds would be paid off with the purchase of the new bonds at the lower interest rate.

The committee authorized the rebonding, with Legislator Jay Grasso congratulating German on staying on top of the rebonding opportunity.

Members of the St. James Episcopal Church in Batavia along with other community members gathered this evening in a special prayer service for victims of the earthquake in Haiti.  Above, the congregation opens the service by singing "Amazing Grace."

My fascination with the old barns of Genesee County continues. This one is on Griswald Road near Route 33.

UPDATE: I changed out the picture. The more I looked at it, the less happy I was with the blue tinge of the previous photo.  I ran it through PhotoShop again and got a better color.

Also, a correction: The barn is in Stafford.

Area residents are coming together at 7 p.m. at St. James Church to hold a community prayer and vigil for the people of Haiti.

St. James is located at 405 E. Main St., Batavia.

This is a non-denominational service and the entire community is invited to attend.

Singers who wish to join the choir are asked to arrive by 6:30 p.m.

For more information call the church office at 343-6802.

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

It should be no surprise to anyone -- putting together Oakfield's annual Labor Daze celebration is a lot of work.

Too much work for only five people to handle, according Donna Dwyer, last year's co-chair for the event.

That's why there will be no Labor Daze in 2010.

"We considered lots of options and people suggested ideas, but we've been at this long enough to know it was going to be just too tough for a small group of people," Dwyer said.

The event has been a 25-year tradition in Oakfield and is an important part of the fundraising calendar for many local charities, but Dwyer said with some key people stepping away for either health reasons or other personal commitments and the lack of new volunteers stepping forward, putting on the event for 2010 just wasn't realistic.

The Oakfield Betterment Committee will continue to try and recruit volunteers for 2011, but even if several people stepped forward now, it's just too late for 2010, Dwyer said. There is just too much work that has not been completed yet that should be done by this point.

"We would already be behind the eight ball," Dwyer said. "For example, we have to have all of the entertainment booked by the beginning of February."

Mark Colopy, another organizer who oversees the food booths said he was out of town Monday when the committee met and made its decision, but that it makes sense. The group just needs more help.

"We're looking forward with optimism," Colopy said. "This is an important event for the community. It's an important fundraiser for a lot of non-profit groups in the community and it's a great time to get out and see your friends and neighbors. We just didn't have the necessary support to carry it through for 2010."

The howls of anger and indignation you heard last night echoing from the Bronx to Buffalo is the reaction from special interests throughout the state to Gov. David Paterson's proposed budget.

While raising taxes $1 billion, the plan also cuts spending $5.5 billion.

You don't cut spending that much without stepping on some toes.

Typical of the "cut everybody but us" reaction was captured by the Albany Times-Union:

"Gov. Paterson is to be commended for his leadership in making the tough choices necessary to address a significant budget gap for the upcoming state fiscal year," said Peter Baynes, executive director of the state Conference of Mayors and Municipal Officials. " ... NYCOM, however, strongly objects to proposed cuts in AIM funding, as this program is a key element to controlling municipal property taxes."

Paterson has proposed a series of cuts to local governments, including a 2 to 5 percent cut in Aid and Incentives for Municipalities payments (AIM).  Paterson wants to totally eliminate AIM for New York City.

Locally, Assemblyman Steve Hawley got into the act and spoke up for snowmobilers.

"I was pleased to hear the governor call for a moratorium on land acquisition," Hawley said in a statement. "Yet, raiding one million dollars from the snowmobile fund to balance the budget is an unacceptable infringement on upstate sportsmen.  It was unacceptable last year when the governor proposed it, and it's unacceptable this year."

The Buffalo News reports that legislators, especially Democrats, are reacting harshly to the proposed budget, saying it's already dead.

Assembly Speaker Sheldon Silver, who has been splitting more and more from fellow Democrat Paterson, rebuked the governor's cuts, saying they "go too far [and] make life more difficult" for New Yorkers, especially the "most vulnerable and least fortunate citizens."

...

"He's tried to politically pin everything that's wrong with government on us. I don't like it. I don't think any of my colleagues like it," said Assemblyman Jeffrion Aubry, D-Queens.

Besides local government and snowmobilers, the budget proposes cuts to education, health care and the environment.

Education spending would be cut from $21.6 billion to $20.5 billion.  The Times-Union got this reaction:

"This budget proposes the largest cut to our children's schools in the history of the state, and yet again asks our children to bear the unbearable burden of balancing the state budget," said Billy Easton, executive director of the Alliance for Quality Education.

Turn to any news site in New York this morning, and you will find unhappy people talking about protecting their own interests.

It will be interesting to see what alternative the Legislature puts forward.

 T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happensin sports, it happens at Brown's." We have a $20 gift card for $10.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: Valentine's Day is just around the corner, and flowers are a great way to show love.  We have a $10 gift certificate for $5.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Now in stock: Of course, flowers are the perfect give for Valentine's Day. We have a $20 gift certificate for $9.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

It's that time of year again -- when the City of Batavia officials sit down to look reality in the face and try and figure out how to balance tougher-to-get revenue with ever increasing expenses.

Sales tax is expected to be down, some longtime employees are coming up on retirement, the city's infrastructure is aging and some key pieces of equipment haven't been replaced in decades.

So what about that proposed 3-percent increase in property taxes?

Councilman Frank Ferrando asked City Manager Jason Molino if there is any way to cut it back and Molino said that would be hard, especially if the city wants to start replacing old equipment and start planning for the future.

"Rather than my trying to take apart a budget that's pretty complicated, I look at it as best I can," Ferrando said. "You know the budget and the staff better than all of us. I would rather give you a charge and say, here's what I think our taxpayers would take and you make the adjustments as opposed to me telling you what you should and shouldn't be doing."

Molino explained that the city isn't looking at a tax increase just to raise revenue, but to put the city on a sounder financial footing.

"What we’re starting to look at is if we’re going to invest -- and I look at it as an investment -- you’re going to have to maintain certain levels of service," Molino said. "We're going to have to look at a marginal tax-rate increase. That’s what we’re starting to look at here. All right, if we’re going to have to increase the tax rate a marginal amount, what do we get in return?"

Council President Marianne Clattenburg, after noting how much more difficult the budget picture looks because of weaker-than-expected sales-tax projections, said making the cuts necessary to bring down the tax increase could be difficult.

"There’s always a possibility to cut things," Clattenburg said. "But this year we’re trying to bring back some equipment we’ve deferred and purchase things that we’re going to need if we’re going to fix the streets. We’ve really been budgeting conservatively for quite a number of years now, so when you get to the point we’re in now, with the economy the way it is and dropping revenues, it gets really tough to do."

About the only time the staff-council discussion became animated tonight was when Fire Chief Ralph Hyde tried to explain the need for his department to become ALS (Advanced Life Support) certified. It would allow firefighters to provide critical lifesaving care in those few instances when they are on scene before Mercy EMS. Fourteen firefighters are already trained as paramedics, in part because of current state firefighter hiring requirements.

"This will save a lot more lives than just fighting fires in a city this size," Hyde said, "because there are sometimes these four- and five- and six-minute gaps in response time."

The certification would allow trained and experienced paramedics on the Fire Department staff to provide lifesaving services that right now they cannot legally perform, even though they know how.

Some council members expressed concern about training costs and overtime, but Hyde and Molino said the process of getting and maintaining ALS certification can be cost neutral. That's because of state grants and how internal training programs can be set up --  using the City's on-staff trainer to train personnel from other fire companies.

The council also heard reports on the departments of finance, personnel, youth bureau, assessment, police, public works, and water and sewer.

The next budget workshop is at the Council's next regular Monday meeting.

Pictures: Top, Chief Hyde, left, and Molino. Middle, Police Chief Randy Baker with Molino. Bottom, full council at session.

Town of Batavia Fire and Mercy EMS are at the scene of a rollover accident on the Thruway near the Batavia exit.

Injuries are reportedly minor. One vehicle is on its roof.

A State Trooper has been requested to the scene.