Skip to main content

Dump truck rollover reported on Lewiston Road

By Howard B. Owens

A dump truck has reportedly rolled over on Lewiston Road near the Thruway bridge, Town of Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 9:13 a.m.: The dump truck is on its side, fully loaded. There is a reported injury from the car that struck the truck.

Photos: First snow day in Genesee County

By Howard B. Owens

What may be some sort of willow tree on Pekin Road. UPDATE: It's a mulberry tree. Sharon Ladd (formerly Dean, this was the Dean residence), who grew up on the property called to thank us for the picture. She said it's a beautiful tree year around. It's easily more than 100 years old, she said. She said there have been problems with the town over the years because the snow plow drivers think it is dead, so they're not too careful about hitting it. That's why the one branch is held up by a iron pole.

Barn, Pekin Road.

Drake Street Road.

Possibly intoxicated truck driver reported on westbound Route 5

By Howard B. Owens

A pair of men reportedly entered Red Osier on Route 5 in Stafford, but were refused service because they appeared too intoxicated.

So they left.

They got into a semi-truck without a trailer and tried to drive off. The driver reportedly hit a tree before exiting the parking lot.

The truck was last seen westbound on Route 5.

State Police and deputies are responding to the area.

UPDATE: It sounds like an arrest was made.

Rollover accident, no injuries, on Route 5 in Pembroke

By Billie Owens

A one-vehicle rollover accident is reported on Route 5, west of Indian Falls Road, in Pembroke. There are no injuries, but a medic is called to evaluate in an infant who was in the vehicle.

East Pembroke fire is responding.

Genesee Justice by the numbers

By Howard B. Owens

This post is an attempt to gather as many data points as possible related to the issue of Genesee Justice and the county budget.  If you can think of anything that's missing, let me know. Bonus points if you can provide the data.

Genesee Justice was founded in 1981 and by 2006, had received about $6.3 million in grants from government agencies and private foundations.

By the time founding Director Dennis Wittman retired in 2006, 4,959 offenders had performed community service, doing 356,858 hours of unpaid work.

The alternative to jail had also saved county taxpayers, as of 2006, more than $5.9 million because those offenders weren't in jail for the 60,000 days they would have served otherwise.

Jay Gsell's budget message indicates that "Continued female jail population management efforts, particularly in collaboration with Orleans and Wyoming counties, may be the only way to stave off radical State Commission of Correction mandates -- up to and including a new 100 to 120 bed county jail. With a $250,000 per bed construction cost ($24 to $28 million), plus increased staffing, (it) would effectively "blow a hole" in the county budget as 100 percent of these increases are county-only burdens."

At the budget hearing, Sheriff Gary Maha said a new jail would cost about $30 million.

The current jail has a capacity for 87 inmates with a variance to allow for 97 inmates, but can't house females. The annual operating budget is about $3 million.

The Genesee County Jail has revenue from housing inmates from other jurisdictions of about $100,000 per year, of which $30,000 to $35,000 comes from housing federal inmates. 

The county spends about $250,000 per year housing female inmates in other jails.

Livingston County recently completed a $28 million annex to its existing jail, taking the 90-bed facility to 189 beds. Prior to the expansion, Livingston had to place some inmates in Monroe and Steuben counties. The original jail was built in 1983. The annual operational budget is $4.48 million. Debt payment on the new addition is roughly $2 million over 15 years.

Genesee County Probation Department 2010 amended budget -- $1,028,784; proposed 2011 -- $1,354,464, an increase of $325,680

Genesee Justice 2010 amended budget, $678,477; proposed 2011 budget, $173,588, a decrease of $504,889.

Actual apparent cost savings, $179,209.

The total county budget is $140 million.

The total property tax levy is $24,994,063

The current assessment rate per $1,000 of assessed value is $9.82.

In 2007, the assessment rate was $9.98. In 2006, it was $10.25.

The total value of assessed property in Genesee County is $2,544,134,312.

A one penny increase in the levy would generate $254,000 (decimal place error; actual number is $25,400) in new revenue for the county.

A one penny increase in levy would raise the annual tax assessment on an $80,000 home by 80 cents. A dime assessment would be $8.

Car off the road on Vallance Road, Le Roy

By Billie Owens

A car is reported off the road at 8237 Vallance Road in Le Roy. There are injuries. Le Roy fire and ambulance are responding.

UPDATE (2:36 p.m.): The injuries were deemed minor. No transport needed. Units back in service.

Photo: Some snow in Downtown Batavia

By Howard B. Owens

It's not much yet, and even seems to be slowing down since this picture was taken, but there was some snow in Downtown Batavia around 2:30 p.m.

Here's what it looked like at 3:30 p.m.

The county budget and Medicaid

By Howard B. Owens

The future of Genesee Justice wasn't the only matter discussed at the county budget hearing a week ago. County Manager Jay Gsell made a presentation about the county's entire budget picture.

Among the most interesting slides were those dealing with Medicaid. As the pie chart above shows, Medicaid accounts for 41 percent of the county's property tax levy, even though only 10 percent of the county's residents are eligible for benefits.

Federally mandated medicaid services:

  • Inpatient Hospital Services
  • Outpatient Hospital Services
  • Physician Services
  • Medical and Surgical Dental Services
  • Nursing facility services for individuals aged 21 or older
  • Home Health Care (Nursing, Home Health Aide, Medical Supplies and Equipment)
  • Family Planning Services and Supplies
  • Rural Health Clinic Services
  • Laboratory and X-Ray Services
  • Nurse Practitioner Services
  • Federally Qualified Health Center Services
  • Midwife Services
  • Early and Periodic Screening, Diagnosis and Treatment Services for individuals under 21 (Child/Teen Health Plan in NYS)
  • Medicare Coinsurance and Deductibles for qualified Medicare beneficiaries for Chiropractors, Podiatrists, Portable X-Ray and Clinical Social Work Services

Additional mandated services covered by NYS Medicaid:

  • Free-standing Clinic Services
  • Nursing Facility Services for under age 21
  • Intermediate Care Facility Services for the Developmentally Disabled 
  • Optometrist Services and Eyeglasses
  • Physical, Speech and Occupational Therapy
  • Prosthetic Devices and Orthotic Appliances
  • Dental Services, Audiology and Hearing Aids
  • Clinical Psychologist Services
  • Private Duty Nursing
  • Diagnosis, Screening, Preventive and Rehabilitative Services
  • Personal Care Services
  • Transportation to Covered Services
  • Hospice
  • Case Management
  • Inpatient Psychiatric Facility Services for Individuals under age 21 and over 65

Police Beat: DWI suspect jailed on $10K bail

By Howard B. Owens

James Lamar Poole, 46, of Fargo Road, Darien, is charged with DWI, unlawful possession of marijuana, unlicensed driver, driving left of pavement markings and consumption of alcohol in a motor vehicle on a highway. Poole was stopped at 1:46 a.m., Thursday, in Allegheny Road, Corfu, by Deputy Kevin McCarthy. Poole was jailed on $10,000 bail.

Gregory Scott Snyder, 42, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Snyder allegedly twice went to the residence of a protected person in violation of a court's stay-away order.

Photo: Red Kettle Campaign kick off

By Howard B. Owens

The Batavia Salvation Army kicked off its annual Red Kettle Campaign today at Seymour Place, East Main Street. WBTA's Geoff Redick made the honorary first donation.

Today's Deals: Alex's Place, South Beach, T.F. Brown's and more

By Howard B. Owens

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.

South Beach, 59 Main St., Batavia, NY: Try the new lunch buffet. We have a $25 gift certificate for $12.50 (must be used by Dec. 31, 2010).

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 happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Batavia Downs Grandstand Bar & Grille, 8315 Park Road, Batavia, NY: A full menu, salad bar and drinks in one of the region's most popular entertainment venues. We have $25 gift certificates for $12.50. (Must be new or current Players Club member to redeem.)

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

SOLD OUT

Transformer blows near Clay and Myrtle, Le Roy

By Howard B. Owens

"A squirrel did it," according to a fire chief on scene at Clay and Myrtle in Le Roy.

A caller reported a loud noise and suspected a transformer blew.

There was no sparking, however, though one caller reported a brief power outage.

Le Roy Fire responded and investigated.

No lines down. No fire.

All units back in service.

The Genesee Justice Story

By Howard B. Owens

In the late 1970s, the big issue in Genesee County was, should taxpayers fund the construction of a new jail.

According to former Sheriff Doug Call, now a Stafford town justice, the family court judge of the time, Charles Graney, wrote a letter to the editor that said something like, "You can either be the last county in the nation to build a 90-bed maximum security jail, or you can be the first to try to keep people out of jail by holding offenders accountable."

Call, a former JAG in the Air Force, a former seminarian and an attorney working for the County Attorney's office, would tell anybody who would listen that the criminal justice system was broken. The county didn't need a new jail. It needed to try alternatives to incarceration to limit the jail population and save taxpayers money.

The sheriff at the time wasn't buying it.

"We've tried alternatives to incarceration and they don't work," the sheriff told the County Legislature.

Finally, Call said, people told him to put his money where his mouth is and run for sheriff.

So, he did.

Call ran as a Democrat, pushing the idea of restorative justice, a radical notion at the time, to Genesee County's mostly Republican voters.

It was simple, Call said. If you lock a guy up, he gets out in six months or a year and has learned nothing, paid back nothing and his crime victims are left without recourse.

He traveled around the county and told the story of a young lady who lost both of her legs in an accident and the 20-year-old young man who caused the accident was given only a year in jail. Neither of the young people were well covered by insurance. At the end of his year in jail, the young man moved to Rochester for a $10-an-hour job. The young woman had no legs, no help, no prospects and medical bills she couldn't afford to pay.

"The system broke down in her case," Call said he told his audiences. "We didn't make him constructively responsible for his crime. It's about time we try something different."

People's heads would start to nod, Call said. The idea of holding criminals accountable instead of just warehousing them with a cot and three squares went over well with Genesee County's conservative voters.

Call was a Democrat who never carried a gun, didn't wear a badge and had ideas about the justice system that weren't being tried anywhere else in the nation. But he beat an incumbent and became sheriff in 1980.

Up until then, the criminal justice system was one focused on apprehension of suspected criminals and punishment of wrongdoers. Convicts were rarely given a chance for substance-abuse treatment or work-release programs so they could stay employed. They did nothing to make amends to the community or the people they hurt.

Victims were forgotten, no statements in court, no restitution for losses -- they were lucky if they knew the outcome of the court case from reading it in the paper.

Around this time, some faith-based groups were talking about a different approach to criminal justice. They called it "restorative justice." It's based on the Biblical principle of seeking forgiveness and offering restitution when you've harmed another person.

In Genesee County, Call said, the time was fortuitous to look at a different way of doing justice. He was the new sheriff in town, but he wasn't the only member of the legal community feeling dissatisfied with the lock-'em-up-and-bail-'em-out tradition.

Call was among a group of reformers that included Graney, Director of Probation Tom Gillis and County Judge Glen Morton.

The four men began to work on a plan to develop a program that would require community service from non-violent offenders.

They learned of a charity group in New Jersey looking to fund a criminal justice reform program. They applied for money from the Edna McConnell Clark Foundation and received a grant.

The grant came with two stipulations -- that the program show results, and that it be supervised by a law enforcement agency.

Another young man with reform on his mind -- also a former seminary student -- worked in the probation department.

He thought offenders should do some good for the community rather than just be a drain on taxpayers while sitting in jail.

But when Call, Graney, Morter and Gillis came to Dennis Wittman and asked him to take charge of a new community service program, Wittman said no.

They asked again. Same answer.

Wittman was Bethany's town supervisor, and had been for about 10 years, and he felt like being supervisor was a second full-time job. The last thing he needed was to be the founding director of some program nobody knew would work or last.

Then one day in 1981, Wittman was summoned to his supervisor's office. There he found Gillis, his boss, Call, Graney and Morton.

"I could see they were going to pound away on me," Wittman recalled. "I said, 'OK, I'll give it a try.'"

The new division reported to the sheriff, but representatives of the foundation were concerned that if Wittman sat in an office with a lot of detectives, their attitudes about offenders -- that they were just no good and couldn't be helped -- would rub off on him.

Wittman was given a chair, a typewriter and a small desk in the county's law library. He had no staff and there was no precedent for what he was about to do. He had to create from scratch everything to do his job, including the forms judges would use to assign offenders to community service.

Soon, however, 120 community groups signed up to provide volunteer jobs to thoroughly screened, non-violent offenders.

Offenders put into the program were asked to paint churches, mop hospital floors, file library books and clean up parks, among a myriad of other tasks. 

By the time Wittman retired in 2006, 4,959 offenders had performed community service, doing 356,858 hours of unpaid work.

The alternative to jail had also saved county taxpayers more than $5.9 million because  those offenders weren't in jail for the 60,000 days they would have served otherwise.

But community service alone wasn't enough for Wittman.

He also thought about the victims. He also thought about the offenders who were given no opportunity to make amends or learn just how much they might have hurt another person.

"He was creative," Call said. "He would make me nervous."

Wittman wanted to try things that would help keep even violent offenders out of jail, or reduce their sentences. The last thing Call needed from a program he supervised as an elected official, was some violent offender committing another crime while out of jail.

But Wittman persisted. He applied for more grants -- during his tenure, Wittman brought in more than $6 million to expand and fund Genesee Justice -- and implmented new programs.

These included:

  • Victim's Assistance
  • Judicial Diversion
  • Justice for Children
  • Child Advocacy
  • Justice for Women
  • Release Under Supervision (a Probation Department program until 2002)
  • DWI-Conditional Discharge (a brainchild of District Attorney Lawrence Friedman)

But it would be restorative justice that would grab national headlines, making both   Dennis Wittman and Genesee Justice household names in the restorative justice community.

Wittman has spoken to criminal justice and restorative justice groups in 40 states plus Japan and Canada. He received another 2,500 invitations to speak in Europe that he was unable to accept.

Even County Manager Jay Gsell, the author of a county budget proposal that will close the book on Genesee Justice, has previously recognized the work of Wittman's pioneering efforts.

"We don’t hear a lot (of complaints)" from the community," Gsell said in an interview several years ago.

... (Gsell) sees (this) as a “sort of testimonial to the success” of Genesee Justice. If it weren’t working, “I think we would hear what I’d call the strict constructionist saying, ‘Look at all these bleeding-heart liberals. Crime is running rampant in the streets of Genesee County and Batavia, and all these miscreants are out on the streets; we can’t deal with this; let’s lock everybody down,’" he says. “We’re not hearing that.”

The success stories related to Genesee Justice could fill a book, but only a few have been told.

There is the story of Joseph Minotti, a chronic drunken driver given a chance, after his seventh arrest, a felony charge this time, at rehabilitation. Eventually, Minotti would move to Erie County, remain clean and sober and start his own business.

Or "Ryan" and "Toby," two teens who trashed some school property and were given a chance to make amends.

Wittman recalled the story of a Le Roy teen, high on drugs, who shot and wounded another youth on Main Street. Wittman organized a community reconciliation meeting at a church in Le Roy. There was a spectrum of community members, plus the offender, the victim and the parents.

They talked through what happened. The young man heard firsthand how his crime affected his victim and the community. He agreed to get help for his drug problems.

TV journalist Geraldo Rivera heard about the intervention and invited Wittman, Judge Morton, the offender and the victim to fly to New York City and appear on his show.

The offender stayed out of jail, stayed clean and out of trouble, according to Wittman, until he died in a tragic accident a few years ago.

Call remembered a youth who was a habitual offender and charged with a serious offense. The judge wanted to send him to jail, but Wittman intervened. He convinced the judge to let the youth volunteer at the Senior Center on Bank Street. 

The youth spent six months there, helping out in a variety of capacities, and getting to know the seniors who came to the programs there.

At the end of his six months, the seniors organized a going-away potluck lunch. They invited the sheriff, the DA and the judge.

The also invited the youth's father, who said, according to Call, "I'm so proud of my son today. My son was no good. He was a criminal and didn't care about what happened. I'm so proud that he did this."

Call added, "Dennis could make somebody constructively responsible for their conduct. He could bring about restorative justice instead of just warehousing them."

Two weeks ago, Wittman underwent a kidney transplant.

He's had a series of major health issues since 2005, starting with a heart attack. He has been admitted to ICU in Erie County twice, and twice at UMMC, where a liver problem caused him to bleed so much the entire ICU unit was covered in his blood. The doctor gave him only a 10-pecent chance to live.

Eventually, he had a liver transplant.

His health issues, he admits, are at least partly caused by the work and the stress that went into creating Genesee Justice.

"When you're a visionary, when you're innovative, you will have a lot of critics," he said. "Mostly, I just tried to ignore the sharpshooters."

At age 67, Wittman is disappointed to see that his life work might be undone.

"I feel bad that Jay (Gsell) has given up on it," Wittman said. "I don't think probation can do it. You've got to have the vision, the heart, the drive to make it work.

"They all want a free ride," Wittman added, with his voice rising for the only time in our interview. "How much of a free ride do they want? We brought in $6.3 million into this county (in grants), but they still want a free ride. If you want quality, you've got to pay for it."

Photo: Dennis Wittman with Kodah, a previous winner of The Batavian's "Pet of the Week."

Motor-vehicle accident on North St. Road, Le Roy

By Billie Owens

A motor-vehicle accident with injuries is reported at 8452 Lake St. Road in LeRoy.

The location is between Route 19 and North Street Road.

Le Roy fire and ambulance are repsonding.

House fire reportedly put out right after the call is made

By Billie Owens

A house fire was reported at 9503 Clipnock Road in Stafford. All equipment and manpower were called from Bethany and Stafford fire departments.

But as soon as the calls went out, residents called to say the fire is out.

It was in the upper apartment of the house and started by a stove fire.

Bethany is continuing its response non-emergency. Stafford is standing down.


View Larger Map

Photos: When will it snow?

By Howard B. Owens

Blake Polito, Mitch Riter and Austin Wilkson can't wait for it to snow so they can ski.

But while they wait, they hit upon an ingenious idea -- use the ice dumped from the Zamboni at the Falleti Ice Arena to fashion a mini ski ramp and get some practice in now.

The trio was out behind the arena today practicing-- with permission, they said, from the arena management.

If it's snow they want, they reportedly won't have long to wait. The National Weather Service has issued a lake effect snow watch from Friday afternoon until Saturday evening for parts of Genesee County, including, potentially, Batavia.

Two more pictures after the jump:

Top Items on Batavia's List

AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002
Tags: Rentals

Authentically Local