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UPDATED THROUGHOUT AT 10:45 a.m.

The crew of a tree-trimming truck apparently forgot to lower the boom on the cherry picker after leaving the County Highway yard on Oak Street this morning.

The boom snagged phone lines on Cedar Street and the truck flipped on its side.

There were no injuries and no other vehicles involved, but it took a team of tow-truck drivers more than an hour to hoist the piece of heavy equipment back on its side.

"That picker should be all the way down and in place," said Officer Ed Mileham, who investigated the accident. "The guys that were working outside didn't put it down."

The truck was marked "Nelson Tree Service, Inc. Dayton, Ohio." The crew is apparently working on a project trimming trees under contract with National Grid and had dumped a load of wood chips at the county yard before heading out to other work.

Two heavy wreckers had to be called in so that one could lift while the other pulled. The crew managed to gently lower the truck back on its wheels, causing no further damage to the vehicle. 

Crews were on scene to deal with hydraulic liquid and oil that leaked from the truck.

Mileham said no citations would be issued.

The phone and cable lines did not appear damaged by the accident.

More pictures after the jump:

County officials knew at the start of the journey that 2009 would be a rocky road, and there were many valleys to pass through, but the county managed to ride it out without raising taxes or severely cutting services.

That's the state of the county, according to Mary Pat Hancock, chairwoman of the Genesee County Legislature.

Hancock reviewed 2009 and looked ahead some during her annual address in the Legislature chambers Wednesday night.

"In addition to the known and announced reduction in state aid, we had many fiscal surprises, none of them good," said Hanckock. "They ranged from delayed payment for mandated and already provided services, to lower sales-tax revenues and to retroactive cuts in reimbursements. These continue to plague us. I am not an alarmist, this county has good and varied resources and will survive, but not by hiding its head in the sand -- the fiscal crisis is far from over."

Key points from tonight's address:

• The rising cost of operating the Genesee County Nursing Home. General Fund contributions to its operation are expected to exceed $4.4 million by 2014.
• GCEDC participated in 23 projects with an investment in the county of $50 million.
• The number of Genesee County families turning to the Department of Social Services for Medicaid, Food Stamps and Home Energy Assistance continues to grow. Also up are reports to Child Protective Services for investigation. "It’s not an easy task to raise children in the best of circumstances, and the job becomes even harder when so many of our residents are struggling with their financial difficulties," Hancock said.
• More than 6,000 residents have received seasonal flu and H1N1 vaccines.
• The downturn in the county has contributed to an ever-increasing caseload for the Office of the Public Defender.
• Federal stimulus money has meant the Job Development Bureau has seen its budget double. The number of clients in job training has increased 93 percent.
• Genesee Community College’s enrollment hit an all-time record during the fall 2009 semester with 7,208 credit students.

After listing these and other departmental challenges and accomplishments, Hancock said:

"It is impossible for me to end this address without acknowledging the impact of this difficult year on our constituents. We relate to the high level of frustration and fear experienced as jobs were lost, retirement funds shrank and healthcare costs soared. Change was promised in good faith, but no one anticipated the type of change. It is said that the economy is back on track. Genesee County’s unemployment is the lowest in the area, but it is still too high. Small and large businesses are still struggling. Folks are having a hard time meeting their financial obligations. We hear you and will continue to do everything possible to contain the costs and support and attract and retain 'economy builders.'"

Hancock then called on the State Legislature to clean up its act and start governing with greater fiscal responsibility.

"It is all about jobs," Hancock said. "All efforts should focus on a new and improved economic development plan for New York State. Is it impossible? No. Empower local governments, regional governments like counties, individually or acting in groups, to attract and maintain jobs to turn the state around. Counties should have a say about what industries contribute to their communities."

Hancock closed with a call for all county residents to participate in the 2010 Census.

"It is crucial to return your form," Hancock said. "Take the 10 minutes to be counted. So much depends on the data received from this one effort. Do what you can to make this an accurate count."

Yusuf A. Hassem aka Louis L. Reed, 69, came to town in April nattily dressed in a gray wool suit and tan overcoat. He will leave Batavia in shackles.

Following a three-day jury trial, Hassem was convicted today of grand larceny 4th.

Hassem posed as a recent African immigrant who needed help with a transaction at Tonawanda Valley Federal Credit Union. He managed to switch envelopes with a woman, stealing $2,000 cash from her.

Soon after the theft, the Batavia Police sent out a picture of Hassem to local media. The release of the bank surveillance camera photo soon led to Hassem's arrest in Buffalo.

Hassem, who began his career in crime in 1957, according to District Attorney Lawrence Friedman, faces similar charges in Albany and Schenectady. Officials from one of those jurisdictions will likely pick him up at Genesee County Jail following his March 17 sentencing.

"He has a very extensive criminal history for this type of thing and others," Friedman said. "That's unusual right there. I mean, we have a 69-year-old defendant who has been in the system for 53 years."

Judge Robert C. Noonan will have a couple of options in sentencing Hassem to state prison. Now classified as a second-felony offender, he will get either one-and-a-third- to three-years or a term of two to four years in the penetentiary.

Jessica Lauren Wildey, 19, of 14 Jamie Lynn Drive, Churchville, is charged with DWI and driving with a BAC of .08 or greater. At 6:48 a.m. Monday, Deputy Frank Bordonaro was investigating an assault complaint at a location in Bergen when Wildey reportedly drove back to the scene (she had reportedly been involved in the initial disturbance). Upon further investigation, Deputy Bordonaro determined Wildey had allegedly been driving drunk.

Accidents from the State Police blotter:

8:06 a.m. Feb 1., Galloway Road, Batavia, one vehicle; Driver 1: Jessica L. Worden, 22, of Penn Yan. No injuries, no citations reported.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. 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.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: When it's time for a great hamburger, Jackson St. Grill will serve you among the best around. We have a $10 gift certificate for $5.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 each.

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.

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. (New sessions start March 1)

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

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

SOLD OUT

Wanted by the Genesee County Sheriff's Office for an alleged violation of probation: Christopher A. Laird.

Laird was placed on probation following a charge of burglary 2nd. He has reportedly failed to comply with the terms of his probation.

Laird frequents the Village of LeRoy and the City of Batavia. 

Warrant Officer Eric Olson asks that people with information on the whereabouts of Laird call 911.

Genesee County is a long way from Vietnam, both as a matter of time and geography, but for GCC graduate Philip Sacco, it was just the right location to shoot some of his first feature film, "When Soldiers Cry," which will be released on DVD in two weeks.

Sacco, who works professionally as Joe Black, has spent three years on the self-funded project. He said he fell in love with film making after taking a multimedia class at Genesee Community College.

Before that class, he was working on a degree in physical therapy.

"I loved photography and film so I wanted to give that a try," Black said. "Five minutes into the program I was hooked."

"Mr. Chow showed me the tools and how to use them, from there it was up to me to bring the tools to life," Black noted. "I think we both sat down one day and said something like, 'don't just take a picture, make one.' To me, that's all you need to start with. Mr. Chow pushed me in media by critiquing my work and projects. He's a tough teacher but also a good friend. He has been my mentor throughout this entire endeavor."

Black wrote the screenplay for "When Soldiers Cry." He also planned the filming, hired the cast, and did the primary shooting and editing.

The movie is based in1965 South Vietnam. Private David M. Church awakes from being rendered unconscious to find all of his squad killed by the Vietcong. During his lonesome journey to the Landing Zone for extraction, Church mistakenly shoots an American Tunnel Rat who is disguising himself as a Vietcong. Mentally broken, Church starts carrying the Tunnel Rat to save his life, fully knowing it may end his own. Trapped in the jungle surrounded by war, the only thing keeping them alive is the promise they made to their families to return home at any cost.

"Creating this film has been a tedious process," Black said. "I've learned so much. I've learned that nothing happens overnight, to be cautious each step of the way and that some people make films to make money and some make films to tell their story. I want to tell my story and hopefully the money will follow."

WBTA's Geoff Redick spoke with Black (mp3) who said his biggest goal was securing a good distribution deal.

"You need to go into Best Buy or Walmart so everybody can see it and say, 'this is a piece of crap,' or 'it's pretty good.'"

(Portions of this post rely on a press release from GCC)

Even as Gov. David Paterson plans on cutting $222,000 in funding for the Genesee County Nursing Home, the facility is likely to reap a $490,000 surplus over its projected 2010 budget.

The swing to the positive is the result of the federal government revising Medicaid and Medicare reimbursements for the 2009-10 fiscal year. Thus, an increase of revenue totaling $714,566 will be transfered to the nursing home, according to Administrator John F. Demske.

Meanwhile, the county may also see an increase in IGT (Inter-Governmental Transfer) funding, which was anticipated to come in at $2.185 million.

"I expect that we'll get more than what we put in the budget for our IGT," Demske said. "I believe it may get up to almost $3 million."

That could be a problem for the county, because the county must match the federal IGT, providing about 30 percent of the overall IGT funds.

County Manager Jay Gsell told the committee that "it's a careful balance" to get the right amount of IGT funding and not put the whole county budget in the red.

After hearing the report during today's Human Services Committee meeting, County Legislature Chair Mary Pat Hancock said, "Good for you. Not terrific for us."

The county relies on IGT funds to meet the nursing home's operational expenses because revenue from patients -- both Medicaid funded and private patients -- tends to fall well short of the facility's needs.

In an e-mail conversation between The Batavian and Gsell recently, Gsell said the nursing home hasn't technically been profitable for years, relying as it does on IGT funding to close revenue gaps.

"In the true sense of an enterprise fund in municipal accounting, the Genesee County Nursing Home is not 'profitable.'" Gsell said. "It does not generate enough of its own revenue to meet all its expenses in any given budget year."

Demske said today the IGT funds are essential to operating the nursing home and were designed specifically to assist county-run nursing homes, which must deal with the high costs associated with a union labor force.

Late last year, county officials put out a bid proposal to explore options for dealing with rising costs of the nursing home, including the potential loss of IGT funding after 2012 and whether to sell the home to a private company or nonprofit corporation.

The county is now reviewing eight proposals from consultants and a committee will make a ranked recommendation to the Legislature, Gsell said.

Photo: John Demske gives his report today to the Human Services Committee on the state of the nursing home.

Only in Western New York could people be excited about a warming trend that's going to lift the temperature to 30 degrees, but a "warming trend" starts Tuesday.

The high over the next four days is expected to range from 27 degrees to 31 degrees.

That's a big improvement over the minus-0 degrees we've had the past couple of days.

There is a chance of snow tomorrow afternoon and could be as much as one inch of accumulation Tuesday night and a chance of more snow on Wednesday.

But 30 degrees? Break out the short sleeve shirts!

Barn Picture: Route 33, near Bergen.

This domestic dog found a deer carcass along Route 33 near Maple Avenue this afternoon.

Ralph A. Golding, 20, of Darien, is charged with obstructing governmental administration 2nd, resisting arrest, bail jumping and unlawful possession of marijuana. Golding was arrested at 10:28 a.m. Friday at 1891 Sumner Road by State Police. Also charged with obstructing governmental administration 2nd, Darlene D. Mutter, 45, of Corfu. No further information available.

Luis A. Altache, 40, of 4385 Lockport Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and speeding. Altache was stopped at 2:31 a.m Sunday by Deputy Howard Carlson in the Village of Elba for allegedly speeding.

Cory C. Sheffer, 19, of Bergen, is charged with unlawful possession of marijuana. Sheffer was arrested at 2:40 a.m. Saturday at 6163 N. Lake Road, Bergen. A 17-year-old from Bergen was also arrested by State Police. No further information available.

A teen-age driver was cited today for allegedly moving from lane unsafely following a single-vehicle rollover accident on Bloomingdale Road in Alabama.

Maria McCracken, 18, of Albion, was not seriously injured after her car turned on its side in a water-filled ditch.

The accident was reported at 11:17 a.m.

McCracken's 1999 Saturn reportedly struck a small sign post, damaging the sign.

The accident was investigated by Deputy Chris Parker.

There are unknown injuries following a one vehicle rollover accident on the Thruway at mile marker 401.

The vehicle turned over at least twice, according to multiple callers.

Pembroke and Indian Falls fire being dispatched as well as an ALS unit from Mercy EMS.

UPDATE 2:14 p.m.: All victims out of the car. No or very minor injuries. No ambulance transport anticipated.

City Fire is responding to a report of smoke coming from a house at 124 Bank St., Batavia.

UPDATE 7:50 p.m.: May be exhaust from a furnace. 

UPDATE 8:06 p.m.: Engine 12, Ladder 15, back in service.

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Do you know this man? He's wanted by the Batavia Police as a suspect in a larceny at Alberty Drug Store on East Main Street, Batavia.

The incident occurred Wednesday about 6:30 p.m The suspect was last seen on foot heading toward Jackson Street.

No word on what he is suspected of stealing.

Anyone with information can contact the Batavia Police Department at (585) 345-6350.