genesee county

Just about any driver who has been charged with DWI in the past eight months, but hasn't been sentenced yet, should plan on a future of blowing into a tube to start his car.

On Aug. 15, a provision of Leandra's Law goes into effect that will require drivers convicted of DWI to have installed an "interlock" device, which is a piece of equipment that can measure the blood alcohol content of a driver and prevent the car from starting if the BAC is over certain limit.

County officials say, no matter how imperfectly the law was drafted, they're ready for the new regime.

"The way the law was written, it does cause some chaos," said Ed Minardo, director of Genesee Justice. "We'll try to do as we always do in the county and implement it in a way that does not impact the business flow. We'll manage it."

The Probation Department will oversee many of the drivers who will be required to have the devices installed on all personal vehicles, but not all people convicted of DWI are put on probation. Some people are given a "conditional release," which means they get a degree of supervision by Genesee Justice.

Julie Smith, head of probation, said six manufacturers of interlock devices were approved by New York, but the Probation Department was able to set its own criteria for approved devices.

For Genesee County Probation, devices must have a camera to confirm who is blowing into the tube and issue real-time reports to the probation department.

Only two manufacturers currently offer such a device, Consumer Safety Technology, the manufacturer of Intoxalock, and Interceptor Ignition Interlocks.

The Intoxalock is represented in Genesee County by Bill's Auto on Evans Street, Batavia. Interceptor does not yet have a known installer in Genesee County.

Another manufacturer, Smart Start, recently contracted with The Detail Shop, 3875 W. Main St. Road, Batavia, to install its device.

While the Smart Start device lacks real-time reporting, it does have an infrared camera.

Assistant County Manager Frank Ciaccia, who is in charge of the DWI fund (money collected from DWI fines used for anti-drinking-and-driving measures), visited The Detail Shop on Thursday to get a demonstration of the Smart Start Machine.

He said he wanted to fully understand its capabilities and to see whether it will meet county needs.

The Detail Shop owner James Gayton said adding the Smart Start installation to his business's offerings just made sense. The Detail Shop already offers custom installation of sound systems, GPS systems and other similar in-car electronics. He's hopeful his company will soon be added to the approved list for Genesee Justice and possibly County Probation.

Pictured are Ciaccia, front, Gayton to his left, then Nelson Baker and Michael Surujballi, both with Smart Start.

The National Weather Service has issued a severe thunderstorm warning for Genesee County until 7:30 p.m.

The storm is now in north Townawanda, eastbound at 40 mph.

Winds are 60 mph. Large hail, strong winds, thunder and heavy rain are expected.

UPDATE: NWS cancelled the warning at 6:57 p.m.

Pictured: two Boy Scout troupes from the Iroquois Trail Council (ITS), which covers Genesee, Wyoming, Livingston, Orleans and Niagara counties.

This band of 36 youths -- ages 13 to 17 -- are going to Fort A.P. Hill, Va., for the Boy Scouts of America Jamboree, which takes place from July 26 until Aug. 4. Fort (Ambrose Powell) Hill, named after a Confederate general, is an active-duty Army installation near the town of Bowling Green.

The Jamboree normally takes place every four years; this time, however, there was a five-year interim so it would coincide with the 100th anniversary celebration of Boy Scouts of America.

The boys will be accompanied by two adult Scoutmasters -- Guye Smith, of Lima, and Jim Yencer, of Avon, and two youth assistant Scoutmasters (one of whom is from Alexander), making a total of 40 area scouts attending this national event.

Planning for this trip started about two years ago, according to Smith. Since then, the boys have worked very hard to raise money in order to cover the cost.

"Some of them raised every penny (that they needed to pay their individual fares)," Smith said. "That's part of the scout way -- to pay your own way."

The ITS scouts raised money by doing two bike-a-thons, one in July 2009 and the other in October 2009.

The boys biked all the way from Lockport to Brockport -- with an overnight stay in Albion for the first one -- and then from Holley to Macedon all in one day for the second.

The troupes are leaving by bus today. Yencer said they will spend Saturday in Philadelphia, then take the U.S.S. New Jersey (a retired navy vessel) to Aberdeen, Md., to visit the U.S. Army Ordnance Museum on Sunday morning. From there, they proceed to Fort A.P. Hill.

While attending the Jamboree, the boys will be treated to a wide variety of activities such as air-rifle shooting, scuba diving, canoeing, archery and a 5K run; there will also be a musical group performing at the "arena show" (which will be broadcast online) on Saturday, July 31, and if tradition is kept, they may also get a visit from President Barack Obama.

Not only is this Jamboree historic because it is being held during the scouts' centennial, it is also the last one to be held in Fort A.P. Hill (where it has taken place since 1981).

For more information on the Jamboree, please visit www.bsajamboree.org.

For more information on the ITC, visit www.itcbsa.org/Joomla/index.php.

Photo courtesy of Jim Yencer

Using data from See Through New York, here's a list of the 25 highest paid public employees in Genesee County in 2009 (the most recent year with complete data available).

• Edward Orman: $236,708, Superintendent, Pavilion Central Schools
• Gary Mix: $211,413, Superintendent Pembroke Central Schools
• Steve Hyde: $199,259, President and CEO, GCEDC
• Gregory Geer: $149,605, Superintendent, Byron-Bergen Central School District
• Martin Basinait: $137,850, Director, Western Off-Track Betting
• Cindy Herzog: $132,708, Superintendent, Le Roy Central School District
• Margaret Puzio: $127,000, Superintendent, Batavia City Schools
• Christopher Todd: $123,600, Superintendent, Oakfield-Alabama Central Schools
• Michael Crowley: $121,242, CFO, BOCES
• Lawrence Friedman: $118,187, District Attorney, Genesee County
• Pamela Buresch: $117,862, Administrator of Student Assessment, Batavia City Schools
• Kathleen Maerten: $115,200, Superintendent, Alexander Central Schools
• Stephen Mahoney: $112,077, Human Resources, BOCES
• Kevin Hamilton: $110,430 Vice President for Finance and Operations, Genesee Community College
• Michael Glover: $109,301, Superintendent, BOCES
• Gregory MacAluso: $109,301 Asst. Superintendent, BOCES
• Sheila Eigenbrod: $109,275, Middle & High School Principal, Pavilion Central Schools
  
• Joan Cole: $108,250 Superintendent, Elba Central Schools
• William Lang: $107,201, Asst. Superintendent, Pembroke Central Schools
• Sandra Griffin: $105,935, Middle School Principal, Batavia City School
• Trisha Finnigan: $105,924, Director of Special Education, Batavia City School
• Brian Moran: $105,454, Athletic Director, Le Roy Central School District
• Keith Palmer: $105,065, Principal, Pembroke Central Schools
• Ted Hale: $104,700, Director of Instructional Programs, BOCES
• Craig Williams: $104,581, Fire Captain, City of Batavia 

UPDATE: In comments, Jeff Allen correctly points out that we left out judicial salaries.  The bottom three on the list above would have been pushed off by the following three judges:

• Robert Noonan, $139,479, Fourth Judicial Department, County Court Judge
• Eric Adams, $123,240, Fourth Judicial Department, Family Court Judge
• Robert Balbick, $115,540, Fourth Judicial Department, City Court Judge

County government's aging phone system is on the fritz today.

The trouble started yesterday afternoon and may last through the weekend.

Calls to the main county building may not get through while the county's IT personnel and consultants try to figure out exactly what is causing the infrastructure to fail.

The phone problems have caused a few difficulties for emergency dispatchers, but the 9-1-1 system still works.

"We want our citizens to know our 9-1-1 system is still functioning," said County Manager Jay Gsell. "The Sheriff's Office is still out there and still able to take calls."

Getting calls through to other county departments, however, may be more difficult.

Gsell has no idea when the problem will be identified and fixed.

The phone system failure highlights the need for the county to upgrade its system.

On June 23, the County Legislature approved a $241,000 expenditure to replace lines and phone equipment at County Building #2 and other county buildings.

The current system is seven to 10 years old.

"That doesn't seem like a lot of time, but in today's communications environment, that's ancient," Gsell said.

Genesee County's unemployment rate dropped to 6.6 percent in May, four points lower than May 2009, and five points lower than April.

Batavia's unemployment rate is the best its been since November, 2008, when the rate was 6.0.

The official numbers confirm anecdotal evidence of an improving employment picture provided last week by Scott Gage, director of the Genesee County Career Center.

The positive trend is ahead of the curve for New York State, which saw only a one point improvement in the job picture, with the state going from 8.4 to 8.3 year-over-year.

Genesee County is also faring better than all of the surrounding counties, which continue to have unemployment rates of at least 7 percent, with Wyoming and Orleans counties above 8 percent.

The Buffalo area's 7.6 percent unemployment rate is the best it's been since December 2008, when the rate was 6.8 percent. Rochester's rate of 7.3 percent is also a big improvement over the previous 16 months.

Moving forward with a proposal to change the scheme of County Legislature terms received a slight nod of approval at the Ways and Means Community yesterday.

County Legislature Chairwoman Mary Pat Hancock volunteered to bring a resolution to the next committee meeting that would authorize a public hearing on the proposal.

"If I can bring a resolution -- not because I'm sponsoring it, or because you're sponsoring it, but because that is the only way it will move forward," Hancock said. "To walk away from this would not be respectful of the committee."

The proposal would increase legislative terms from two to four years and stagger the terms so that entire legislature is not put up for election every two years. A committee charged by the Legislature to study a suggestion brought forward by a local resident made the recommendations.

There was no vote yesterday on Hancock's request, but also no objection raised during the committee meeting.

"I know it's not on your personal agenda, nor is it on ours, but it's out there," said Hollis Upson, committee chairman.

As Legislator Ed DeJaneiro spoke in favor of the specifics of the proposal, Legislator Annie Lawrence shook her head.

Asked later if she objected to the proposal, she said she might or might not support it, but now is not the time to deal with it.

"I don't think any of the legislators have heard any comments from any of their constituents," Lawrence said. "I think we've got bigger fish to fry this year than to bring this out."

Assemblyman Steve Hawley issued the following news release today after Albany passed its 11th "budget extender."

“After two and half months, and 11 emergency budget extenders, New Yorkers are still without a state budget. In that time, we’ve seen our schools, local governments, contractors, state parks, and small businesses left in jeopardy as their fates have been left in the hands of weekly budget extenders.

"Although the ‘good’ that has come out of these extenders includes the reopening of state parks, some contractual obligations being met, school districts receiving their state aid, and other essential state services remaining open, the ‘good’ has without a doubt come with plenty of ‘bad’ and ‘ugly’ costs.

“The bad consists of the simple fact that since April 1, the more than $9 billion budget gap has hardly been addressed. Instead, the most recent extenders have raised fees by nearly $4 million, raided $80 million from the Environmental Protection Fund, and introduced ‘savings,' rather than make the real cuts that are needed.

Additionally, this process does not allow schools, local governments, and businesses with state contracts to formulate their own budgets. Even uglier, because of the lack of a transparent budget process, the ‘three men in a room’ may close these budget shortfalls with more taxes, more state borrowing, and even more of the special-interest-driven backroom deals that put our state in this fiscal crisis to begin with.

“These budget extenders are simply laying the framework for another over-bloated state budget to be passed through a piecemeal process. I again voted against the budget extenders and ask that my colleagues in the Assembly and Senate majorities open up the budget process, allow needed input from rank-and-file members, and see to it that it is passed immediately.”

What Public Defender Gary Horton calls a "throw off line" in a recent court decision could create a headache for Genesee County.

New York Court of Appeals in May ruled in favor of a defendant on a case and mentioned that one of the problems with the defendant's conviction was that he wasn't given adequate representation at his initial arraignment.

It's common in upstate New York -- including Genesee County -- for defendants arrested in off-hours to be given an initial arraignment without their own attorney in court, even a public defender.

The arraignments are pretty routine -- the defendant learns the charges against him and what his rights are going forward -- but the court ruled, according to Horton, that the arraignment is a critical part of the process and defendants should have legal representation.

Horton said he's concerned that the Office of Court Administration will order that no arraignment should take place without the defendant having an attorney in court.

"I didn’t hire attorneys to be on call and basically you would have to have an attorney on call every night and on weekends," Horton told the County's Public Service Committee on Monday afternoon.

Many of the larger counties, according to Horton, have certified holding cells -- allowing the counties to keep arrestees behind bars until the normal business hours of courts and the public defender's office.

The ruling likely won't effect previous convictions, Horton said, because courts would find that a defendant's case outcome would have changed even if there had been a public defender at the initial arraignment. It would be a "harmless error," according to Horton.

Genesee county crews were hard at work on Pratt road this morning removing trees and branches that were a potential hazard to drivers.

In honor of Mother's Day, New York Farm Bureau is saluting the growing ranks of women that have recently entered into farming. Here's a news release from the bureau:

Women farmers are among the fastest growing sectors in agriculture, according to recent state and federal statistics. The most recent agricultural census, done in 2007, revealed that women were the principal operators of 6,688 farms in New York on 592,787 acres of land.

"The trend of women joining this industry makes sense," said Julie Suarez, public policy director for Farm Bureau and mother of two. "Women farmers can work where they live, alongside their children. It's the ultimate family lifestyle.

"Women farmers are also producing something of value for the community at large -- good food. The occupation offers tremendous job satisfaction, although not always as financially lucrative as other businesses.

"There's always been a strong female partnership in our state's family farms, but the recent trend is for farmers' daughters, and innovative women seeking new careers, to start up their own farm operation or initiate a new endeavor on the home farm."

Women are running more farms and operating more land, and producing a greater value of agricultural products than ever before. When compared to all farms nationwide, those with female principal operators tend to be smaller both in terms of size and sales. However, women are more likely to own all of the farmland that they operate.

"There are a lot of state programs out there that seek to help minority- and women-owned businesses with start-up, micro-loans or state procurement opportunities," Suarez said. "But farmers don't often think about these programs because their availability is not usually publicized in rural areas in a field that's stereotypically dominated by men.

"The reality couldn't be further from the truth as farm families know that women have always played an equal role in the farm family and business. However, when women seek to develop their own farm operations there aren't many development tools geared toward meeting the needs of women opening up a farm business in a rural area.

"We hope that by highlighting this growing segment of agriculture, and saluting our female farmers, we can encourage greater awareness of the need for minority- and women-owned business programs to consider the great potential that exists for women in starting new farm operations."

According to the map of power outages from National Grid, there are more than two dozen power outages in Genesee County at the moment.

None, individually, effect more than 20 customers.

Soon, Gensee County residents could have another convenient location -- and perhaps one of the more logical places -- to buy EZPass for Thruway tolls -- the local DMV office.

On Wednesday, County Clerk Don Read received approval from the Ways and Means Committee (the proposal must also be approved by the full Legislature) to establish a funding mechanism to buy EZPass stickers to resell at the DMV and County Clerk's office.

"We’d like to be the first one in the county where somebody could come in, know they’re traveling this weekend and pick up an EZPass and they can use it immediately," Read said.

The idea started at a meeting of the state's county clerks in Albany, Read said, when the Thruway Authority met with the clerks and offered to allow them to start selling the automatic toll passes.

Getting started takes some effort, according to Read, from getting funding approval -- the passes must be paid for in advance -- to filling out a tightly spaced eight-page application.

If the program doesn't work, though, Read said, the County won't be out any money. Any unsold EZpasses can be returned to the Thruway Authority for a full refund.

The camouflage overalls Scott Doll wore the night of Feb. 16, 2009 were stained with human blood, not deer blood.

His knees were so saturated that it soaked through his correctional officer work pants and stained his skin. One of the excuses he offered when questioned by a Sheriff's Deputy that night was that he butchered deer.

When first approached by a deputy, he was carrying a jack and lug wrench in his pockets, and offered contradictory statements about what he was doing walking on North Lake Road in Pembroke.

Late morning and afternoon testimony on the first day of Doll's trial -- over the killing of Joseph Benaquist in an alleged business-partnership deal gone bad -- put the accused in the vicinity of the murder scene covered with blood and unable to fully explain the situation to deputies.

Deputy James Diehl was dispatched to Pembroke after a report of a suspicious person. Doll was northbound on the east shoulder of the roadway, wearing overalls and a white firefighter's hood sock, which covered his face and head except his eyes.

Diehl testified that Doll had bulges in both pants pockets. The officer pulled up within 20 feet behind him and an object fell out of Doll's left front pocket, onto the ground in front of a mailbox.

It was a tire jack, but he made no attempt to pick it up and continued walking toward the deputy's vehicle as he was motioned to do. Doll pulled a tire lug wrench out of his right front pocket to show the officer, too.

Diehl asked the Corfu resident why he was out walking in Pembroke. Doll replied that he had parked his car at a nearby repair garage and was taking tools to a friend's house. He was walking there in order to get a cardio workout, because he had a doctor's appointment the very next day and needed to lower his cholesterol and heart rate. He wore overalls because it was cold.

The deputy noticed "what appeared to be wet blood marks" on Doll's clothing. When asked about the bloody overalls and white sneakers, Doll said "I butcher deer."

Doll retrieved the tire jack, emptied his pockets -- a wallet, a lone car key, some Seneca cigarettes, a green Bic lighter and a screwdriver. Doll asked to be taken back to his van.

Things weren't adding up, Diehl said, and he told Doll he was taking him into custody until there were some answers. The deputy cuffed Doll, put him in the back seat, and the tools on the front seat, so they wouldn't scratch up the upholstery.

They drove to where the van was parked. (It was actually his mother Audrey's vehicle, which Scott was driving because his daughter had borrowed his truck.)

Pulling into the repair shop, the deputy saw a red Ford Windstar mini-van, a blue van and a white van. He noticed bloody work gloves, palms up, on the hood of the blue van, blood spatters on the door on the Windstar and its driver's seat.

On cross-examination, attorney Paul Cambria asked if Doll tried to flee after the object fell out of his pocket on North Lake Road. Diehl answered no. Cambria asked if Doll retrieved the object when asked to -- "he didn't try to throw it in a field." Diehl said no, he retrieved it. When Doll was asked for identification, he provided it, correct? Cambria asked. Yes, Diehl replied.

Cambria asked if Diehl had noticed bloody footprints in the snow, blood on the front headlight of the Windstar, along the driver's side, to the back lights. Yes, the deputy said.

Cambria asked if Diehl heard Doll ask for an attorney. Diehl said no, but he was told that Doll had indeed asked for one. Cambria asked if, when cuffing Doll and putting him into the patrol car, he had read him his Miranda warnings? No, was the answer.

(The Miranda warnings are a recitation of a person's Constitutional rights once taken into custody.)

Next on the witness stand was Deputy Patrick Reeves, a 13-year veteran of the Sheriff's Department and a Pembroke native. He knows Doll, used to work for the Doll family at the Super Duper and later the Jubilee Market. Reeves was shift commander the night in question and met up with the two men at the car repair shop.

Reeves said there were no lights on in the parking lot. Doll's coveralls were unzipped and his hair was disheveled. He asked Doll were he was headed and Doll said to see friends, but couldn't say where they lived. He told him about doing cardio, but Reeves noticed his shoes, which were so worn out they were practically soleless, were not appropriate for that activity in that kind of weather.

Reeves shined his flashlight on Doll and saw flecks of blood on his cheek, nose and on his knees, which Doll said was "old blood." The officer knows the Pembroke area intimately, knows about hunting. He pressed Doll about butchering deer and Doll said "It's not deer blood."

At that point, Reeves said his heart was pounding.

"I was getting scared," Reeves said.

He asked Doll if there was someone out there who was injured and needed an ambulance.

"Pat, you know me better than that," Doll replied.

Reeves then noticed various "dings and dents" around the bloodied vehicle and a single set of footprints and called an investigator to the scene.

"Things weren't adding up in my mind," Reeves said. "I thought maybe he was afraid of killing a deer out of season and losing his hunting license. I told him not to worry about that. Who cares?"

Doll replied, "Listen, I got three months to retire, Pat, I don't want to talk about it."

Reeves observed blood marks on the bottoms of Doll's shoes.

"It was clear to me that there was more to this, so I walked him back to the patrol car," Reeves testified.

District Attorney Lawrence Friedman asked if Doll said he wanted an attorney.

"I don't want to talk about the blood anymore," Reeves recalled Doll told him. "... Do what you gotta do."

So Reeves asked if there was anyone he wanted to speak to and Doll said an attorney. But because Reeves remained concerned there might be a person needing immediate medical attention, he continued his line of questioning without getting Doll an attorney, and felt legally justified in doing so.

Cambria asked if Reeves and Diehl later searched the roadways looking for any evidence. They had, Reeves said, noting they looked off the shoulders, in the ditches, in nearby brush and, in some places, up to the trees.

Cambria asked if Reeves was aware, that the few houses that were in the rural area had their garbage cans out. Yes, said the deputy. Did you look in any of the garbage cans for evidence? Cambria asked. No, only in front of one house, Reeves replied, and nothing was found.

Did Reeves recall being asked if Doll said "I didn't do it"? Reeves, said no, he couldn't recall that.

But Cambria produced testimony from Reeves on a pre-trial transcript, page 100, where Reeves states "He told me he didn't do it."

Under questioning, Reeves acknowledged that he concluded the bloody footprints were Doll's.

When Doll asked for an attorney, Cambria asked, "did you give him a phone?"

No, said the deputy.

"Did you give him any opportunity to get an attorney?"

No, said the deputy.

"The request was ignored, was it not?" Cambria asked.

"At that time," Reeves replied.

Doll, who turns 48 on May 16, was flanked by his attorneys during the testimony and appeared calm and attentive, wearing a charcoal-gray, pinstriped suit. The jury of five men and 12 women were equally attentive.

Courtroom sketch from today's proceedings depicts D.A. Lawrence Friedman questioning Investigator Kris Kautz about blood evidence. The sketch was drawn by Colin Dentino exclusively for The Batavian. To view a larger version of the sketch, click here.

While the crime rate in New York went down from 2000 to 2009, both for violent and for property crime, in Genesee County, the crime data is more of a mixed bag.

In Genesee County, from 2000 to 2009, the crime rate dropped 8.4 percent, with 1,634 crimes reported in 2000 and 1,496 reported in 2009.

But violent crime increased during the same period, going from 85 violent crimes in 2000 to 92 in 2009, an 8.2-percent increase. All of the increase is in the category of rape, which jumped from 9 reported rapes in 2000 to 17 in 2009.

Property crimes dropped from 1,549 reported crimes in 2000 to 1,404 in 2009, a 9.4-percent decrease. Motor vehicle thefts saw the biggest drop, going from 51 to 37, a 27.5-percent drop.

From 2008 to 2009, crime in Genesee County increased 3.7 percent, with total reported crimes increasing from 1,443 to 1,496. 

Violent crime, year-over-year, however, was down 18.6 percent, with 92 reported crimes in 2009 compared to 113 in 2008.

Property crime in Genesee County rose 5.6 percent last year, over the 1,330 crimes reported in 2008.

Statewide, from 2000 to 2009, violent crime dropped 30 percent and property crime fell 24 percent.

Rather than hire a new county employee to replace John Demske, who retires May 14 as director of the Genesee County Nursing Home, a county committee is recommending the Legislature approve a contract with a consultant to provide nursing-home supervision.

The Legislature is being asked to vote on a contract with Insource Healthcare Solutions, out of Buffalo, at a special meeting at 5:30 p.m., Wednesday.

The contract would authorize the county to pay Insource $11,000 per month -- the same cost as a full-time county employee being placed in the position, according County Manager Jay Gsell.

"We felt this was a very good way for us to get new administration in place," Gsell said.

By state law, a licensed administrator who has been approved by the state Department of Health must supervise the nursing home every single day its doors are open, so the county must have Demske's replacement in place on May 15.

Gsell said there never really was a search for a full-time county employee to replace Demske. With the county currently studying its options for the future of the financially troubled nursing home, it made more sense, Gsell said, to have an administration firm handle those duties for now.

"Because we're in the process of studying what our options are, for us to go through the process of hiring another employee and all the things that involves, that right now, getting a licensed administrator ... is a good way for us to have a fairly seamless transition," Gsell said.

The actual administrator Charles Rice, is an employee of Insource currently working at a private facility in Jamestown.

If the Legislature approves the contract with Insource on Wednesday, Rice's credentials would be submitted to the state for approval. Gsell said that process takes about a week.

By law, the initial term of the contract cannot be longer than the term of the current Legislature, so the contract with Insource is for 18 months. Gsell said it will contain language allowing for renewals on an annual basis for another three or four years.