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Howard B. Owens's blog

Monday, April 26, 2010 at 10:51 am

Police Beat: Brooklyn man reportedly arrested for fourth time at College Village

post by Howard B. Owens in batavia, crime

Joshua Cordero McIver, 22, of 130 Third Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver is accused of entering Pine Hall at College Village after being banned from the premises. He was jailed on $1,000 bail. Last week, McIver was arrested for allegedly trespassing at College Village. At the beginning of April, McIver was arrested for allegedly trespassing at College Village. In January, a Joshua C. McIver was arrested at College Village and charged with unlawful possession of marijuana.

Devonte Andreas Rolle, 18, of 136 Bank St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Rolle allegedly made a threatening phone call to a person. After the phone call, Rolle allegedly punched that same person in the face several times. Rolle was arrested by Deputy Frank Bordonaro on Haven Lane in the Town of Batavia at 6:40 p.m., Saturday.

Ryan David Wood, 18, of 6 Prospect Ave., Batavia, is charged with unlawful dealing with a child. Wood is accused of hosting an underage drinking party at 8219 Prole Road Extension, Stafford. He was arrested at 1:04 a.m., Saturday by Deputy Jason Saile.

Kyle Ramone Lewis, 23, of 253 Albermarle St., Rochester, is charged with aggravated unlicensed operation, 3rd. Lewis was turned over to the Genesee County Sheriff's Office by Erie County Correctional Dept. to answer charges out of the town of Batavia and Byron. Following arraignment in Byron, he was arraigned in Batavia. Byron Court set bail at $250 and Batavia set bail at $100.

Andrew John Rock, 23, of 7 Fisher Park, upper, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and controlled substance not in the original container. Rock was stopped by Deputy Patrick Reeves at 8:06 p.m., Friday, on Route 33, Stafford. Reeves found Rock allegedly in possession of hallucinogenic mushrooms, hydrocodone and marijuana.

Jacob Edmend Lamberston, 21, no permanent address, is accused of being a fugitive from justice. Lamberston was arrested by Le Roy Police after being found in an apartment by Sgt .Michael Hare, who was investigating an unrelated matter. A check of records found that Lamberston is allegedly wanted in Seminole, Fla., for a violation of probation.

Jesse Eric Reidel, 18, of 2605 Dodgeson Road, Alexander, is charged with burglary, 3rd. Reidel is accused of using force to enter the Oil Doctor, 4003 W. Main St. Road, Batavia, where he allegedly stole vehicle-inspection stickers. The alleged break-in occurred on Dec. 7 around 10 p.m.

Michael J. Walters, 49, of Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Walters was stopped by State Police at 9:46 p.m., Saturday, on Angling Road in Pembroke.

Lindsey L. Palmeri, 20, of Rochester, and Richard L. Jackson, 22, of Rochester, are both charged with unlawful possession of marijuana. Palmeri and Jackson were stopped by State Police on Route 77, Pembroke, at 4:05 p.m., Friday.

Accidents from the State Police blotter:

5:50 p.m., April 24, Sandpit Road, Alexander, one vehicle; Driver 1: Melissa Sachanowski, 26, of Alexander. No injuries reported.

10:59 a.m., April 23, Batavia-Oakfield Townline Road, Batavia, two vehicles: Driver 1: Aken V. Wariebi, 44, of Rochester; Driver 2: David M. Baran, 44, of Williamsville. One injury reported.

6:16 p.m., April 24, mile marker 401.5, eastbound Thruway, Pembroke, one vehicle; Driver 1: Thomas A. LaBelle, 41, of Wynanstkill. No injuries reported.

12:23 a.m., April 25, mile marker 384.4, westbound Thruway, Stafford, one vehicle; Driver 1: Mark A. Halla, 53, of Amherst.

Monday, April 26, 2010 at 10:39 am

National Grid planning emergency repair in area of Ross and Main

post by Howard B. Owens in batavia, East Main Street, National Grid, Ross Street

Batavia Police have been notified that sometime in the next hour, National Grid will need to shut off the electricity at the intersection of Ross and East Main streets for an emergency repair.

Saturday, April 24, 2010 at 8:45 pm

Photos: Driving in Genesee County

post by Howard B. Owens in BARNS, Bethany, genesee county, photos

driveday01a.jpg

You know if I'm out in the towns, I'm going to be looking for barn pictures.  This one I found on Bethany Center Road.

After the jump are more pictures I took today as I drove between Batavia and Genesee County Park.

Saturday, April 24, 2010 at 8:32 pm

Photos: Earth Day in Genesee County

post by Howard B. Owens in Arbor Day, Earth Day, genesee county, photo

earthday09a.jpg

City and county officials were heading up Earth Day/Arbor Day activities at three locations in Genesee Park. At Austin Park, the city hosted a park clean-up day. At Dewitt Recreation Area, volunteers and children were out to clean up the park, plant trees and post birdhouses, and at Genesee County Park, volunteers were on hand to clean up the trails.

After the jump are more pictures:

Saturday, April 24, 2010 at 5:27 pm

Accident at Exit 48, Thruway

post by Howard B. Owens in accident, pembroke, thruway

An accident has been reported on the eastbound off-ramp, Exit 48, of the Thruway. There are apparently injuries.

Pembroke and Indian Falls fire are responding.

UPDATE 5:28 p.m.: Pembroke fire chief reports one victim with a shoulder injury. The patient is trapped in the car, but extrication is not possible until traffic is under control.

Saturday, April 24, 2010 at 4:32 pm

Registering on The Batavian

post by Howard B. Owens in thebatavian

The only reason registration on The Batavian is required is if you want to leave a comment or create a blog post or post a classified.

The majority of people who register never do any of the above, which is fine. I think many people register just because they like being affiliated with the site.

However, because registration is tied to participation, we require people to register using their real names. We expect people making comments and creating blog posts to do so using their real names.

I've got a good deal more sophisticated in how I spot registrations where people do not seem to be using their real names.

As it stands right now, I'm caught up on registration review and approval. If your account didn't get approved, the reason would be that I don't believe you were registering using your real name.

One reason I'm posting this is because I got a nasty e-mail from somebody this morning complaining because his attempts to register never get approved. Of course, the person was using a fake return e-mail address and not his real name to complain ... gee, wonder why his registration never gets approved ...

For all of those who did get approved -- welcome to The Batavian. Thank you for joining us.

Friday, April 23, 2010 at 3:20 pm

CASA honors its volunteers

post by Howard B. Owens in announcements, batavia, CASA, volunteers

From Tara Pariso:

Genesee County CASA for Children, Inc. would like to thank all of its volunteer advocates. Not only is this National Volunteer Appreciation Week,  but our advocates deserve recognition all year long for their hard work,  dedication, and caring for the abused and neglected children in Genesee  County.  The work the advocates do can be stressful, heart wrenching, and  trying at times, but in the end knowing that you are advocating for a child  in need is what makes it worth it.  A huge Thank You to all of the CASA's in  Genesee County.

*In picture: Tara Pariso, Executive Director, Thelma Montreal, Deborah Davis,  Peggy Lamb, Eric Friedhaber, Linda Buzzell, and Donna Machowiak.  Not  pictured: Lisa Cochrane, Fran Moyles, Irene McNutt, Diane Mills, Marilynn  Palotti, Amanda Rissinger, Dawn Jaszko.

 

Friday, April 23, 2010 at 2:33 pm

City attorney advices council not to adopt sex offender residency law

post by Howard B. Owens in batavia, city council, crime, sex offenders

Because state law already regulates the residency of convicted sex offenders, Batavia cannot legally enact its own residency restriction, City Attorney George Van Nest informed the City Council this week.

In a memo included in the agenda package for Monday's City Council meeting, Van Nest said that because state law gives the Division of Parole and Division of Probation the responsibility of establishing residency restrictions, local governments are preempted from establishing their own rules.

The state Constitution specifically prohibits local governments from passing laws that are already covered in New York statutes.

Van Nest cited several cases that have invalidated local laws for sex offender residency, and noted that none of the cases have been heard by an appeals court.

"Based on the foregoing," Van Nest writes in the conclusion, "although passage of a local law may be viewed in isolation to have merit, a comprehensive scheme of New York State statutes already exist in this area and such State legislation will be viewed as a basis to find preemption. In addition, there are significant constitutional challenges that might be brought against a local law adopting residency restrictions.

"Therefore, in the event the law is passed, enforcement action is taken by the City and a third party challenges the law, it is likely that the City will be forced to expend resources defending a local law that will ultimately be deemed in effective by a reviewing court."

Friday, April 23, 2010 at 12:49 pm

State's top judge says juvenile probation system should be changed

post by Howard B. Owens in courts, genesee county

chiefjudge04a.jpg

The judiciary should take over administration of probation departments in New York, especially juvenile programs, New York's top judge told a gathering of Genesee County's legal community today at the County Courthouse.

New York State Chief Judge, Hon. Jonathan Lippman, said studies show that the state's juvenile facilities -- where young offenders are housed -- are making the problems of juvenile crime worse, not better.

"The results of those investigations are that those facilities become high schools for crime," Lippman said. "In these detention facilities, kids who didn’t necessarily commit a very high level of crime, not the equivalent of a felony, but a kind of misdemeanor, and you send them there and they come back criminals."

In response to a question from Julie Smith, head of Genesee County's Probation Department, Lippman went further and said not only should juvenile probation be administered by the judiciary-- a change which is already being debated in the State Legislature -- but adult probation, too.

Lippman said the state judiciary wants to ensure that probation leads to better outcomes. He used the judiciary's experience with drug courts as an example of how judges are trained to work with defendants to guide them toward reform rather than a life of crime.

"A judge oversees their recovery from their addiction(s) and makes them useful citizens again instead of having them come into court over and over...until they commit a real serious crime and then we throw away the key," Lippman said.

Among other reforms Lippman discussed is giving the state's judges their first raise in a decade. He said if members of the judiciary don't get raises, it will be harder to attract top-notch legal minds to the bench. 

Lippman also said it's important to keep funding levels up for legal representation for indigent people involved in civil cases.

In lawsuits where a person's very well-being is at stake, such as potentially losing a house, a court-appointed attorney is vital for those who cannot afford one. Lippman says that that person's legal representation is just as important as it is for indigents needing counsel in a criminal-defense case.

In previous years, the state's fund for civil legal services was financed from interest on various investment accounts, but with the dip in the economy those funds have dried up.  So Lippman said the judiciary is setting aside $15 million from its budget to fill the gap.

Below, Stephen Wieczorek receives an award, with his grandson in attendance, from Judge Lippman.

chiefjudge01.jpg

More pictures after the jump.

Friday, April 23, 2010 at 7:44 am

Today's Deals: It really is Friday now

post by Howard B. Owens in Deal of the Day

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

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.

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.

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.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. 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.

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

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

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Thursday, April 22, 2010 at 9:40 pm

Photo: Yellow barn in Stafford

post by Howard B. Owens in BARNS, photos, Stafford

stafford_yellow_barn.jpg

This yellow barn is on a piece of property next to the Stafford Fire Hall.

Thursday, April 22, 2010 at 9:10 pm

Photo: Joe and Lois serving spaghetti

post by Howard B. Owens in Genesee Cancer Assistance, Joe Gerace, Stafford

gerace.jpg

Joe and Lois Gerace were in the Stafford Fire Hall this evening serving up heaping helpings of Joe's famous spaghetti. The dinner was a benefit for Genesee Cancer Assistance.

I'm proud to say that in the Chinese auction, Billie and I won a painting by John Hodgins and a Batavia Muckdogs sign with a mounted baseball bat.

Thursday, April 22, 2010 at 5:49 pm

Time line set for nursing home study

post by Howard B. Owens in genesee county, nursing home

There's now a time line in place for the Center for Governmental Research to conduct its study on the future of the Genesee County Nursing Home.

It starts with meetings of key stakeholders at the nursing home and ends with a final report delivered to the County Legislature in September.

During the process, CGR consultants will meet regularly with the legislature's steering committee.

The full time line is available here (pdf).

Thursday, April 22, 2010 at 5:31 pm

Getting a taste of the pizza business

post by Howard B. Owens in batavia, business, Pauly's Pizza

paulyskids.jpg

Alexandra Reigle, 11, and her 8-year-old brother Devyn, spent the day at Pauly's Pizza on Ellicott Street learning more about what their father does for a living. Kevin Reigle, in the back at the far right, has been a manager at Pauly's for five years. He brought his children into the shop today for "Take Your Kids to Work Day." 

They started when the doors opened in the morning and stayed until nearly 5 p.m. doing many of the same tasks their dad does.

Above, they help get pizza dough ready for rolling with the help of Jake Laverick.

Kevin said the day was really eye opening for them. He said they gained a real appreciation for what it is that Dad does for a living.

Thursday, April 22, 2010 at 4:21 pm

Farm Bureau willing to talk about labor bill compromise, Norton says

post by Howard B. Owens in agriculture, Dean Norton, farm labor, Mike Ranzenhofer

farmbillpc01.jpg

From left, Dale Stein, Sen. Mike Ranzenhofer and Dean Norton.

Following the defeat of a farm labor bill in the Senate Agriculture Committee this week, New York Farm Bureau President Dean Norton said agriculture leaders are more than willing to sit down with farm labor advocates and discuss compromise legislation.

He said while proponents of the recently defeated bill said they agreed to compromise on changes, that isn't really how it worked.

"There was no compromise," Norton said. "They came in and said, ‘OK, we tweaked it a little bit. Take it or leave it.’ In my world, that’s not a compromise."

Now that the bill is dead, Norton said maybe the farm-labor advocates will realize they tried to take too big a bite out of the apple, and will be willing to sit down and really talk.

"I think with 2247B being defeated, perhaps we have the opportunity to go back and have that open dialogue," Norton said. "I hope the other side really takes the opportunity to do that."

Norton's remarks came at the end of a press conference with Sen. Mike Ranzenhofer to discuss the bill's defeat.

Ranzenhofer thanked Norton and Genesee County farmers, with dairyman Dale Stein at his side, for their efforts to help defeat the bill, which he said would have killed agriculture in New York.

Getting the bill out of the labor committee -- where he said it was just rubber-stamped -- and into the agriculture committee was key to giving the bill a fair hearing and have it publicly weighed on its merits.

The hearings, he said, brought in both opponents and proponents of the bill.

Ranzenhofer once again praised the work of Daily News staff writer Tom Rivers for his series on farm labor, which he said opened eyes in Albany to what farm labor is really like, and made it harder for bill supporters to spread misinformation about farm-labor practices.

Stein said the misinformation spread by bill supporters really made him unhappy.

"Where can you make $34,000 or $35,000 a year in Genesee County without a high school diploma, without a driver's license?" Stein asked rhetorically. "On a farm. You can’t do it anywhere else. They’re not telling the truth about what the farm workers are making. And that’s my real disagreement with them."

A key factor in getting the bill defeated, Ranzenhofer acknowledged, was the willingness of  Sen. Darrel Aubertine, a Democrat from the Watertown area, to buck his party and get the bill moved into the ag committee, which he chairs.

Aubertine is the first Democrat in 100 years to represent that area of New York in the Senate. His district still leans Republican, but based on comments from Ranzenhofer today (in response to a reporter's question), it doesn't sound like the GOP will cut Aubertine any slack in November's election.

Asked if Ranzenhofer would endorse Aubertine, Ranzenhofer said flatly, "No."

"At the end of the day," Ranzenhofer said, "when you vote for a budget, like he did last year, that increases taxes $8.5 billion, increases spending over $12 billion, I mean that to me is a non-starter. When you take a position like that, which continues to kill the whole economy in the State of New York, I mean, I didn’t vote that way. I don’t support that point of view and I can’t support senators who advocate for increasing taxes and increasing spending."

Thursday, April 22, 2010 at 11:13 am

Alleged Oakfield truck thief given stiff bail

post by Howard B. Owens in crime, Oakfield

A man with a lengthy criminal record will need to come up with $250,000 if he wants to get out of Genesee County jail while waiting for his criminal case on a stolen truck charge to proceed.

Judge Robert Noonan said grand larceny, 3rd, charge normally warrants a chance for a defendant to make bail, but given the criminal record of Carl Rivers, a pretty stiff bail or bond is in order.

Rivers can either post $250,000 cash or get a bond for $500,000, Noonan said.

The tall, lanky defendant, dressed in orange jail garb and shackles, was clearly not pleased in court today when Noonan issued the bail order. He flipped his head and shoulders back and made a kind of clucking sound.

Prior to imposing bail, Noonan read a bit of his criminal history -- five felony convictions in New York and criminal convictions in four other states, Noonan said.

Assistant District Attorney Kevin Fennel said Rivers has a history of not following release orders when he has been let out of jail.

On March 19, a pickup truck in Oakfield was reportedly stolen and Rivers is the suspect.

Thursday, April 22, 2010 at 8:35 am

Today's Deals: Another food bonanza

post by Howard B. Owens in Deal of the Day

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.

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.

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

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. 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.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

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.

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