Press release:

Since the NYS Department of Health Commissioner declared influenza (flu) prevalent in NYS on Dec. 11th, the number of confirmed cases in Genesee and Orleans counties is rising quickly. It is important for your health to know how to prevent from contracting the flu, as well as what precautions you should take if symptoms begin. Getting vaccinated against the flu is the best method of protection.

While some strains of the virus spreading this season are different from what is in the vaccine, getting a flu shot/nasal spray can still provide protection. It might also lessen the risk of severe outcomes, such as hospitalization and death.

Most people who get sick with the flu have mild illness and do not need medical care or antiviral drugs. If you get sick with flu symptoms, in most cases, you should stay home and avoid contact with other people except to get medical care. Symptoms of the flu include fever or feverish chills, cough, sore throat, runny or stuffy nose, muscle or body aches, headaches and fatigue. Some people may experience vomiting and diarrhea, although this is more common in children than adults.

“It is important to contact your primary care physician if you are concerned about your or your child’s flu symptoms,” said Paul Pettit, director, Genesee and Orleans County Health Departments. “Emergency Departments should be utilized for emergencies, and typically flu can be treated at home.”

If you have symptoms of flu and are very sick or worried about your illness, the health departments urge you to contact your health care provider (doctor, physician’s assistant, etc.) before you head to a hospital emergency room.

If you experience flu symptoms and are at high risk of flu complications or you are concerned about your illness, call your health care provider for advice. If you do not have a primary care provider and feel you need to seek a medical evaluation, you can seek care at an urgent care center.
Certain people are at greater risk of serious flu-related complications (including young children, elderly people, pregnant women and people with certain long-term medical conditions). If you are in a high risk group and develop flu symptoms, it is best for you to contact your doctor. Remind them about your high risk status for flu.

To care for yourself or another with the flu, stay at home and rest. Avoid close contact with well people in your house so you will not make them sick. Remember to drink plenty of water and other clear liquids to prevent fluid loss (dehydration). Treat fever and cough with medicines available over the counter. Follow the label instructions and be careful about mixing over the counter medications. If you are pregnant, talk with your provider before taking any medications.

The Centers for Disease Control and Prevention (CDC) and the health departments recommend that you stay home for at least 24 hours after your fever is gone except to get medical care or for other things you have to do and no one else can do for you. Stay away from others as much as possible to keep from making them sick. If you must leave home, for example to get medical care, wear a facemask if you have one, or cover coughs and sneezes with a tissue or into your arm. Wash your hands often to keep from spreading flu to others.

Both the Genesee and Orleans County health departments offer flu vaccine to individuals who qualify. For more information regarding flu vaccine qualification, clinic schedules, or additional services please contact your local department.

Genesee County Health Department at: 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 @GeneseeCoHealthDept.

New Batavia Volleyball League starting up. Seeking Intermediate Co-ed teams for the winter session starting Thursday nights January 22nd thru March 26th. Team sign-up packets available at T-Shirts Etc. 111 Main St. Batavia. Get your team in!! Contact Beth or Brian Kemp for more info: 345-1993.

The county's unemployment rate dropped eight-tenths of a precent since last year, even while the county's overall job numbers also dipped, according to the state Department of Labor.

For November, the local unemployment rate was 5.3 percent, down from 6.1 percent in November of last year. The number of reported unemployed dropped from 1,900 to 1,600.

Year over year for November, the total number of non-farm jobs in Genesee County went from 28,900 to 28,300.

The statewide unemployment rate fell a full percentage point from 6.8 percent to 5.8 percent.

In the rest of the GLOW region, Orleans County had one of the biggest unemployment rate drops in the state, with the rate falling from 8.3 to 6.8 percent. Wyoming County's rate fell from seven percent to 6.1 percent. Livingston County dropped from 6.3 to 5.6 percent.

It looks like we won't have a white Christmas, but we will have a windy one.

The National Weather Service has a high wind warning in place from 8 p.m., Wednesday until 4 p.m., Thursday.

Winds from the southwest of 30 to 40 mph with gusts up to 65 mph are anticipated.

Impacts could include downed trees and power lines and scattered power outages. 

High profile vehicles will find travel difficult. 

Holiday decorations could be damaged if not tied down. 

No word from Santa on his travel plans.

Andrea M. Gray, 36, of Maple Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, criminal tampering, 3rd, coercion, 1st, and obstruction of governmental administration. During an incident first reported at 2:12 a.m. Saturday at a residence on Maple Street, Gray allegedly tore the shirt of a roommate during a fight. She then allegedly attempted to interfere with the arrest of a person accused of violating a court order by having contact with her. She allegedly attempted to coerce police officers to release the suspect by threatening to harm herself if he was not released. Gray was jailed without bail. Gray was also charged with petit larceny for allegedly taking the mobile phone of a roommate Friday and not returning it.

Russell R. Miles Jr., 46, of East Main Street, Batavia, is charged with criminal contempt, 1st. Miles was arrested following an investigation into a disturbance reported at 2:12 a.m. Saturday on Maple Street, Batavia. Miles has a previous criminal contempt conviction within the past five years. He was ordered held without bail.

Jeremiah J. Cieszynski, 27, of Warsaw, and Sally M. Sims, 24, of Warsaw, are charged with petit larceny. Cieszynski and Sims are accused of stealing clothing and sneakers valued at $125 from Kmart.

Bashard L. Joiner, 21, of Rochester, is charged with two counts of criminal trespass, 3rd. Joiner received a suspension letter from GCC on Oct. 9 and told he was not permitted on campus property. During November, Joiner was allegedly spotted several times at College Village by safety officers and video surveillance. On Dec. 10, Joiner was located in the cafeteria on campus and placed under arrest by State Police. He was jailed on $300 bail or $600 bond.

Jeannette Kathleen Moore, 44, of West Avenue, Batavia, is charged with grand larceny. Moore is accused of stealing from Kmart while employed at the store.

Katie R. Wishman, 29, of Osterhout Avenue, Batavia, is charged with assault, 2nd, criminal possession of a weapon, 3rd, endangering the welfare of a child, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Wishman allegedly hit another family member in the face with a mug causing an injury. This act was allegedly committed in the presence of a 3-year-old child. During the investigation, police allegedly found heroin and needles. Wishman was jailed on $10,000 bail.

Kelly A. Hasenauer, 50, of Webster Street, Batavia, is charged with falsifying business records. Hasenauer allegedly signed a fake name to a business record at UMMC's ER in an attempt to defraud.

Linda L. Snyder, 32, of Central Avenue, Batavia, is charged with harassment, 2nd. Snyder allegedly threatened to fight another person at 5 p.m. on Dec. 9 at the Richmond Memorial Library.

Debra Elizabeth Webster, 46, of Route 20A, Warsaw, is charged with DWI, driving with a BAC of .18 or higher, unlawful possession of marijuana, speeding and failure to signal. Webster was stopped at 12:23 a.m.  Friday on Noonan Drive, Batavia, by Deputy Joseph Corona.

William James Johnson, 41, of Alleghany Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, speeding and failure to keep right. Johnson was allegedly involved in an accident at 9:22 p.m. Saturday on Route 5, Pembroke, which was investigated by Deputy Joseph Corona.

Matthew Alan Hoye, 23, of Woodcrest Drive, Batavia, is charged with unlawful possession of marijuana. Hoye was arrested following a check of a roadside vehicle at 12:26 a.m., Saturday.

Peter James Curts, 25, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to stop at a stop sign. Curts was stopped at 11 p.m. Thursday on Parmalee Road, Le Roy, by Deputy Joseph Corona.

Brett W. Short, 28, of Le Roy, is charged with unlawful possession of marijuana. Short was charged by State Police following a traffic stop Friday morning in Batavia.

Arthur Robinson, 60, of Raleigh, NC, is charged with DWI in a commercial vehicle and driving with a BAC of .08 or greater. Robinson was stopped at 10 a.m. Sunday by State Police on Clinton Street Road, Stafford.

Sheriff Gary Maha released the following statement:

Chemung County Sheriff Chris Moss, president of the New York State Sheriffs’ Association, today released the following statement regarding the murder of two NYPD Officers.

“The New York State Sheriffs Association, and all the Sheriffs of New York State, mourn the tragic loss of two New York City Police Officers, Rafael Ramos and Wenjian Liu, who were assassinated Saturday afternoon for no reason other than the fact that they were police officers. These senseless killings follow closely on the heels of senseless anti-police comments by some politicians and so-called community leaders, and the connection between the two events is inescapable. When our leaders, with their careless words, show disrespect for our police officers it is inevitable that some unsavory segments of society will see that as their cue to take violent action against the dedicated men and women who only seek to serve and protect. The blood of Officer Ramos and Officer Liu should weigh heavily on the consciences of those who, through their demagoguery and irresponsible statements, have recently fueled an anti-police sentiment in our cities, our State and Nation.”

“The Sheriffs of New York call upon Mayor DiBlasio, Attorney General Schneiderman, Governor Cuomo, and President Obama to consider very carefully the words they use in discussing the serious criminal justice issues of our day, and to be aware that what they say can have serious consequences. Words can kill.”

“The Sheriffs of New York call upon all community leaders to consider what kind of a community they will have if there are no police there to protect and serve them, their friends and neighbors. Decry those leaders who would inflame a situation to promote themselves and their personal agendas. Work to bring your community and your police officers closer together, not further apart.”

“The Sheriffs of New York call upon the media to be more cautious in their coverage of serious events when that coverage has the potential of inciting violence. Facts may not be as interesting as fiction, but it is irresponsible to continually repeat wrong or misleading assertions by those with an agenda, contrary to known or easily discoverable facts. Complex legal issues, such as the theory and operation of the Grand Jury, are not easily digested for reporting to the masses, but an attempt should be made. The daily good work of our police officers deserves to be reported as much as the rare misdeed.”

“The Sheriffs of New York call upon all our citizens to give their support to our police officers under siege. As you are putting presents under your tree, some police officer will be putting on his bulletproof vest to go out into the night, to make sure you and your family remains safe. As you are enjoying the company of family and guests, the family of some on-duty police officer will be wondering, 'Could this be the day that he does not come home to us?' When you see a police officer this week, thank him or her for all they do for us, and wish the officer a Merry Christmas!”

The New York State Sheriffs Association, Inc. is a not-for-profit corporation, formed in 1934, for the purpose of assisting sheriffs in the efficient and effective delivery of services to the public. It comprises all of the elected and appointed sheriffs of New York State. The Sheriffs Association is committed to providing education and training to advance the professionalism of all aspects of the office of sheriff. Visit www.nysheriffs.org.

Following a search of a residence on Summit Street yesterday, a 29-year-old Batavia resident was arrested and accused of dealing drugs.

The residence at 136 Summit St., Batavia, was searched pursuant to a warrant related to an investigation by Albion PD into a series of thefts in that community.

Arrested by the Local Drug Enforcement Task Force was Philip R. Ayala. He was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana.

Criminal possession, 3rd, is charged when prosecutors believe the suspect possessed narcotics with the intent to sell the drugs.

Authorities say they recovered a quantity of crack cocaine and marijuana.

The search also yielded several items that were allegedly stolen from the Albion area.

Ayala was jailed on no bail.

The investigation is continuing and additional charges are pending.

In a statement yesterday, Albion Police Chief Roland D. Nenni III said additional arrests were expected.

Batavia PD and the Emergency Response Team assisted in the search.

These two vehicles were involved in an overnight accident on Prospect Avenue, Batavia, according to the reader who provided the pictures. The white Honda Civic was parked and the red Mercedes struck the car head-on. The driver fled. At the time the photos were sent to us early this morning, the driver was still at large. We've been unable so far this morning to obtain additional information.

UPDATE: Police say officers have yet to make contact with the driver; however, police believe they know who the driver was and charges are pending.

Press release:

Genesee County Economic Development Center (GCEDC) president and CEO Steve Hyde provided the GCEDC board of directors a report on the agency’s annual performance in 2014 at its December board meeting.  The report included a review of year-to-date capital/business investments, pledged job creation estimates, advancement of the shovel ready phase of STAMP and initiatives with local governments, among others.

Hyde reported to the board that the GCEDC exceeded its capital and business investment goal of $32 million with a total of $58.07 million invested on various projects throughout the year, including the expansion of Yancey Fancy’s in Pembroke and Liberty Pumps in Bergen.  The agency did not achieve its pledged job creation goal of 200 with the pledged creation of approximately 141 jobs from new projects in 2014.

At the same time Hyde noted, the agency was able to put together an incentive package to retain approximately 98 manufacturing jobs at U.S. Gypsum in Oakfield.  In addition, agency staff helped the new owners of P.W. Minor navigate through the state funding process which helped keep the company open retaining approximately 50 manufacturing jobs in Batavia.

"It was another good year for the agency in terms of creating new jobs as well as retaining jobs at US Gypsum and PW Minor," said Wally T. Hinchey, Chairman of the GCEDC.  “The Genesee County economy continues to be one of the strongest in the region and 2015 should be no different as STAMP continues to move forward."

Significant strides were made to bring STAMP further along in making the site shovel ready for future development, including survey work, engineering and design work for water and sewer infrastructure. Of note was the dedication of $33 million in the New York State 2014-2015 budget for STAMP.  The GCEDC staff continues its close collaboration with New York State and NY Loves Nano to market and promote the STAMP site nationally and internationally to high tech manufacturers.

Another performance goal for 2014 was to enhance initiatives and outreach with local government entities throughout Genesee County.  The GCEDC worked closely with the Town of Batavia to secure potential funding opportunities to extend existing infrastructure at the Agri-business Park.

Lastly, GCEDC conducted outreach meetings with various localities as well as collaboration with the City of Batavia, Batavia Development Corp. and the Batavia Business Improvement District to implement the re-development of the Batavia Opportunity Area (BOA).

“The performance goals set by the GCEDC are certainly challenging, but if there was not a collective belief that we have the right formula for economic success, then we would not create such aggressive targets,” said Hyde.  “We look forward to generating even more economic development success in 2015.”

Press release:

As part of a 4-H club community service project, the 4-H Rustic Riders horse club members chose to donate much needed items to the Genesee County Animal Shelter instead of exchanging gifts at their holiday club meeting on Tuesday December 16th at Cornell Cooperative Extension of Genesee County.  Community service is a key component of our 4-H Youth Development Program, and provides a great opportunity for young people to give back to Genesee County.

The Rustic Riders horse club along with the Mystic Riders horse club also participated in holiday bell ringing for the Salvation Army on Saturday, December 13th at Tractor Supply in Batavia.

Genesee County 4-H is a program of Cornell Cooperative Extension that is an employer and educator recognized for valuing AA/EEO, Protected Veterans, and Individuals with Disabilities and provides equal program and employment opportunities.  For more information about the 4-H Youth Development Program visit: http://genesee.cce.cornell.edu/4-h-youth-development.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) will not be holding his Genesee County mobile office hours until Friday, Jan. 9.

“Unfortunately, my mobile office hours for the next two weeks land during the Christmas and New Year holidays,” Hawley said. “I enjoy the time I spend listening to the concerns of residents in my district, but I encourage everyone to spend some quality time relaxing with family this holiday season. I plan to resume office hours at their regularly scheduled time and day the following week.”

Jeffrey L. Deats, the 28-year-old man charged with manslaughter in the death eight days ago of Chandler Zuchs, is now listed in stable condition following an apparent suicide attempt last night at the Genesee County Jail.

This morning Deats was listed in critical condition.

Baby Chandler died at age 6 months. The Monroe County Medical Examiner reported that Chandler suffered brain injuries.

Deats was arrested Wednesday following a police investigation into the death.  

He was jailed on $50,000 cash bail or $100,000.

Deats was reportedly found hanging from bedsheets in his cell shortly after midnight. A corrections officer performed CPR and Deats was transported by Mercy EMS to UMMC before being transferred to ECMC.

For previous coverage of the case, click here.

Former local DJ Macy Paradise is returning home to perform at T.F. Brown's on Dec. 29 in a show intended to bring in donations to Genesee County's CASA (Court-Appointed Advocates Special Advocates) program.

"I'm a father first and the news of Chandler's death hit me extremely hard," Paradise said. "Unfortunately, I was a coworker of Jeff Deats at Tompkins Metal about 10 years ago so this story was extremely difficult for me as it was many others. I decided it was best to donate to CASA to hopefully prevent losing another innocent child to violence."

Paradise now lives in Fort Collins, Colo., and returns to Batavia twice a year to perform at either T.F. Brown's or City Slickers.

Showtime is 9 p.m., Friday.

Press release:

 “Gov. Cuomo’s decision to defer to the New York State Health Department’s opinion on hydraulic fracturing allows him to wash his hands of the situation while virtually guaranteeing that fracking will not happen in New York,” Hawley said. “While I understand the potential economic benefits of allowing fracking in New York State, I believe we must take into account the preservation of our environment when making such an important decision. While dozens of other states, including our neighbor Pennsylvania, have allowed their natural gas deposits to be safely fracked, it is crucial to examine how hydraulic fracturing will affect such as vital natural resource as our drinking water. In this case, Gov. Cuomo clearly favored environmental concerns over the potential for new jobs, lower taxes and more abundant natural resources.”

Today staff from the Attica Correctional Facility made a $5,000 donation to the Men's and Women's Post Traumatic Stress Disorder Residential Program at the Batava VA Center.

Photo and info provided by the VA.

Press release:

Today, senators Charles E. Schumer and Kirsten Gillibrand and representatives Brian Higgins, Chris Collins, and Tom Reed announced that the Federal Emergency Management Administration (FEMA) has approved a federal disaster designation for nine Western New York counties, due to losses caused by excessive snow, flooding, freeze, and high winds that occurred from Nov. 19-26.

The FEMA disaster declaration will apply for the following counties: Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Orleans, St. Lawrence, and Wyoming. This declaration will officially make municipalities within in these nine counties eligible for public assistance, which provides federal funds for emergency work and the repair or replacement of disaster-damaged facilities. These nine counties were deemed eligible for FEMA public assistance funds because they reached the specific damage threshold.

With this declaration, the state, counties, local governments, and certain nonprofit organizations will be eligible to apply for funding for debris removal, emergency protective measures, and permanent work, including the repair and replacement of disaster-damaged facilities. Specifically, permanent work can include the repair of roads and bridges, water control facilities, and utility systems and facilities; the repair or replacement of buildings and equipment; and the repair and restoration of parks, recreational facilities, and other facilities. In November, following the storm, Schumer, Gillibrand, Higgins, and Collins wrote to FEMA and urged the agency to be ready to issue this declaration so that emergency assistance could be made available to the municipalities in the counties that suffered as a result of this historic November snowstorm.

“This much-deserved federal disaster aid is just what the doctor ordered for hard hit taxpayers and county, city and town governments throughout Western New York, which had to spend heavily to dig out from this epic snowfall. We fought hard to deliver this federal aid and are pleased FEMA and the Obama Adminstration did the right thing so local taxpayers are not left footing the bill for this national disaster,” said Senator Schumer, who called FEMA Administrator and top White House officials to lobby for a prompt decision. “With this designation, Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Orleans, St. Lawrence, and Wyoming counties will receive the support they need to recover and rebuild after this severe weather.”

"This federal disaster declaration is outstanding news for Western New Yorkers, and I thank President Obama for moving fast to make this decision,” Senator Gillibrand said. “I saw firsthand how devastating the unprecedented snowstorm was to our communities. I want to thank everyone for their effort as it was essential for losses to be documented efficiently and thoroughly so that we could quickly demonstrate to FEMA our need for these federal recovery funds. The state and the nation can all be inspired by the toughness and optimism of Western New York.”

“I applaud the President’s decision to issue a disaster declaration for the State of New York,” Congressman Higgins said. “This declaration will trigger federal funds from FEMA, providing critical support to eligible entities in nine counties, to help in recovery from the recent snowstorm, and assist in protecting against damage from future natural disasters.”

“The President’s disaster declaration today is an important step in aiding the rebuilding process for the thousands of individuals and businesses impacted by the deadly November storm,” said Congressman Chris Collins (NY-27). “I am proud of our first responders who worked tirelessly during the storm and our local officials who spent the last month assessing the damage.”

“I am glad that we were able to work together on a bipartisan basis to secure this support from FEMA and the President. This declaration is fair to the affected communities to help move forward from the major snowstorm in November,” Congressman Tom Reed said.

On November 19, New York declared a state of emergency for 10 counties in advance of the severe snowstorm which ended up causing nearly $50 million in damage to Western New York and the North Country. Areas in South Buffalo and the surrounding communities received a historic seven feet of snow. The storm caused damage to many businesses’ and residents’ property, including some roofs that caved in under the weight of the snow. This damage is all in addition to the economic injury that many small businesses suffered after being closed for a week.

FEMA public assistance funding covers 75 percent of the eligible cost for emergency measures and permanent restoration. All areas in New York are also eligible to apply for funding under the Hazard Mitigation Grant Program, which provides grants to states and local governments to implement long-term hazard mitigation measures.

The new entrance and lobby for Batavia Downs is nearly complete and is open now.

There is some finish-up, "trim" work to complete, said Ryan Hasenauer, marketing director for Western OTB, but otherwise, it's good to go.

Via The Batavian's news partner, WBTA

The flu virus has been detected among patients in the Genesee County Nursing Home and some staff members are also beginning to show symptoms.

Due to the contagious nature of the flu, visitors will not be allowed at the facility until further notice.

The flu is very hazardous to the elderly and should not be taken lightly, officials said.

The nursing home is working with the New York State Department of Health to limit the spread of the virus. Families should contact their Social Workers with any questions.

After denying a defense motion for a new trial, Judge Robert C. Noonan today sentenced Dashawn Butler to eight years in prison.

Accused of firing a handgun at another person Sept. 27, 2013, on State Street, Butler was convicted Nov. 22 following a jury trial of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

On a motion by Defense Attorney Thomas Burns, Noonan reduced the second count to criminal possession of a weapon, 4th.

Burns argued during the trial and in written motions that the charges should be dismissed and the verdict overturned based on his contention that the prosecution failed to produce significant evidence of a weapon being used.

There was no physical evidence in the case, Burns said. 

"In this case there simply is no physical or forensic evidence that the firearm my client is alleged to have possessed was loaded, if it had ammunition, and if it did, if the ammunition was capable of being ignited and propelled, and that the firearm itself was operable," Burns said.

While Burns characterized witness testimony as that of a "layperson's" account, Noonan, in his written decision and order, gave substantial credence to the testimony.

"Although the weapon in question was never recovered," Noonan wrote, "the victim's testimony that the defendant shot at him three times such that he could actually see the fire coming out of the barrel of the gun, together with other eyewitness testimony as to the defendant's possession of a small black revolver which he pulled out and shot at victim repeatedly before the gun jammed, as well as the defendant's subsequent possession of the same weapon and statements to the effect that the victim was not hit and the gun jammed either because the bullets were too big or blanks, provides sufficient, circumstantial evidence that the gun possessed by the defendant was operable immediately prior to jamming."

District Attorney Lawrence Friedman asked Noonan to send Butler to prison for a long stretch.

"Based on his criminal history and his conduct this case, involving firing a loaded handgun, not only at another person, but while other people were in the area, and based on this defendant's intimidation of a witness, which was laid out for the court in great detail, we're asking for the maximum sentence," Friedman said.

Burns suggest a minimum sentence would be more appropriate.

"My client is a young man who has children and does not have an extensive hard criminal history," Burns said. "Given the wide range of sentencing options available to the court, a minimum, determinate sentence would be appropriate."

Noonan said it was an unusual case and an unusual trial, but the conviction was serious enough to warrant the maximum sentence.