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Police Beat: Batavia man picked up for being under the influence in public

By Howard B. Owens

Gregory Seppe, 51, no permanent address, is charged with appearance in public under the influence of narcotics or drugs other an alcohol. Seppe was taken into custody after he appeared in the city at several different locations. At 11:05 a.m., Saturday, police responded to another complaint reportedly about Seppe at 412 E. Main St., Batavia, where he was taken into custody.

Mark E. Flemming, 20, of 62 Swan St., Batavia, is charged with harassment, 2nd. At 5:09 a.m., Sunday, Batavia Police responded to an alleged domestic incident and took Flemming into custody.

Megan Elizabeth Buss, 21, of Alicia Circle, Churchville, is charged with DWI, driving with a BAC of .08 and moving from lane unsafely. Buss was charged following a car-into-pole accident on Peachy Road at 6:12 a.m., Sunday.

Kendric Lydell White, 27, of Affinity Lane, Rochester, is charged with unlawful possession of marijuana. White was arrested following a vehicle check at Darien Lake.

Tyree Elijah Smith, 28, of Sunset Street, Rochester, is charged with unlawful possession of marijuana. Smith was arrested following a vehicle check at Darien Lake.

Paula Ann Kingdollar, 41, of Bank Street, Batavia, is charged with petit larceny. Kingdollar is accused of stealing perfume from Kmart.

Edward Joseph Kutas, 18, of Woodside Lane, Depew, is charged with unlawful dealing with a child. Kutas is accused of hosting an underage drinking party at a residence on Darien-Alexander Townline Road. He was arrested early Sunday morning.

Brandon M. Klinkbeil, 23, of 80 South Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, not wearing a seat belt, and operating an unregistered vehicle. Klinkbeil was stopped at 2:41 a.m., Sunday, by Le Roy Police Sgt. William Hare.

Dennis N. Gonglewski, 49, of Colonial Avenue, Kenmore, is charged with DWI, driving with a BAC of .08 and failure to keep right. Gonglewski was stopped at 10:45 p.m., Friday, by Deputy Patrick Reeves.

Three 17-year-olds were arrested for alleged shoplifting by Batavia Police 12:10 p.m., Friday and charged with petit larceny. All three youths are Batavia residents. The trio is accused of trying to steal $58.90 in merchandise from Tops Market.

Gordon C. Gonyo, 56, of Byron Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and consumption of alcohol in a vehicle. Gonyo was stopped at 12:26 p.m., Friday, by Deputy Chris Parker after a witness reported an erratic operator in the area of Bryon Road.

Jeremy Andrew Douglas, 29, of Crosby Lane, Rochester, is charged with unlawful possession of marijuana. Douglas was stopped for an alleged traffic violation by Deputy Brian Thompson at 6:40 a.m., Thursday, on Bank Street Road in the Town of Batavia.

Llamas lolling in Stafford yard

By Billie Owens

Llamas, or possibly alpacas, are reported in a yard close to the roadway, unsupervised, at 6234 Route 5 in Stafford.

Law enforcement is checking the scene.

UPDATE (by Howard) 1:50 p.m.: A resident showed up, the llamas are being corralled. Law enforcement reports that neighbors say, "this happens all the time."

GCC commencement highlights 2010 record graduating class

By Howard B. Owens

It was graduation day at Genesee Community College on Sunday, with more than 270 students receiving diplomas.

With more than 800 students completing studies in 2010, this is the largest graduating class in GCC history.

In her first commencement address as SUNY Chancellor, Nancy L. Zimpher, Ph.D,  gave the keynote speech to a capacity crowd at Anthony T. Zambito Gymnasium, as family members, faculty and trustees gathered to honor the graduates.

Zimpher highlighted the transformative power of SUNY and particularly the important role of community colleges. She recognized Genesee’s President Stuart Steiner, Ph.D, for his 35 years of presidential service at GCC, making him among the longest-reigning college presidents in the nation.

The chancellor then highlighted the six strategic goals for SUNY to become an economic engine to transform the economy of New York State. And finally, she quoted Thomas L. Friedman’s bestselling book “The World is Flat” encouraging graduates to “flourish in the flat world, be strategic optimists…imagine things can be better and act on those imaginations, everyday.”

Today's Deals: Herbly Wonderful, Pudgies, South Main, Enchanted Florist and more

By Howard B. Owens

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Unique specialties for your home and garden, from floral arrangements, to heirloom vegetables, herbs, teas and spices. We have a $25 gift certificate for $12.50

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

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.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Give yourself the gift of flowers, or give to a friend. We have a $20 gift certificate for $9.50.

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.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin'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.

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.

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

SOLD OUT

Hawley floored that Albany has 'no plans to make plans' to complete budget

By Billie Owens

In a media release from Assemblyman Steve Hawley's office on Friday, he expressed acute exasperation for the "lack of Albany leadership" which continues to delay completion of the 2010-11 State Budget.

After a legislative leaders met last week, he says "it became all too clear that even after being more than 50 days late, the Majority parties in both the Assembly and Senate are not concerned about passing the state budget.

"Even worse was the fact that during the public meeting, Assembly Speaker Silver and Senator Sampson confirmed that not only is there no current plan in place to pass a budget, but there are no plans to make plans. This is absolutely unacceptable and New York taxpayers deserve better."

The assemblyman notes that in 2007, rules reforms for the budget process were put in place, requiring the Legislature to produce state revenue forecasts and appoint members to joint conference committees to negotiate the differences between each house’s proposed budget.

He claims none of these rules have been followed and "Albany has reverted to the ‘three men in a room’ style of government."

Over the last several weeks, Governor Paterson, Speaker Silver, and the Senate Majority Leader Sampson have left rank-and-file members of the Assembly and Senate out of budget negotiations, leaving us to vote on trivial legislation like the protection of seahorses, according to Hawley.

"My colleagues and I in the Minority Conference have repeatedly asked that timetables be announced. Additionally, we’ve offered specific cost-saving proposals to the governor and both Majority conferences that would close the current $9.2 billion budget gap by cutting state spending, stopping backdoor borrowing, and reforming the budget process to make it more transparent and accountable.

"These measures would not only close the current budget gap, but will lay the framework for a more fiscally responsible state spending plan and help prevent future gaps from occurring. Unfortunately, we have been ignored while the Majority parties continue to argue amongst themselves about where to increase taxes and how to continue state borrowing, policies that put our state in this fiscal crisis to begin with.

Hawley continues "Albany has mismanaged New York tax dollars for decades, and now in the midst of an economic slow down, have continued to do so. The actions, or more appropriately inactions, of the ‘three men in a room’ have caused our schools, local governments, contractors, state parks, and small businesses to suffer.

"I will continue to demand that the Assembly and Senate majorities follow state budget reform laws and convene conference committees so the budget can be finished. New York taxpayers are fed up, and my colleagues in the Majority parties should start listening.

Alleged fugitive from Georgia arrested at Cedar Street residence

By Howard B. Owens

A man allegedly wanted in Georgia on felony warrants was found in a Cedar Street home by local law enforcement around 5:30 p.m., Saturday.

Batavia's ERT members, along with members of the Drug Enforcement Task Force and Batavia Police officers and Sheriff's deputies where called in to help take David L. Hendrix, 29, into custody.

Hendrix, aka David Young, was arrested at 3 Cedar St., Batavia, where he was apparently staying.

He is allegedly wanted in Georgia for robbery, assault and a parole violation.

Following arraignment in City Court, Hendrix was jailed without bail.

A witness informed The Batavian that police had Cedar Street closed in both directions during the activity.


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Local Churches Bring Peace To State Street

By Robin Walters

This past week we have all read about the beatings and the other issues going on in the State Street neighborhood. This Saturday morning a diffferent story was to be found.

St. Paul Lutheran Church and Northgate Free Methodist Church came out and partnered with Care-A-Van Ministries to bring peace and joy to the neighborhood.

St Paul provided a delicious breakfast casserole for the folks, while the MOPS (Mother of Pre-Schoolers) Tuesday evening group provided games and activities for the children. 41 families with 120 family members received groceries from Care-A-Van this morning.

Care-A-Van Ministries visits this neighborhood the fourth Saturday of the month. St. Paul partners every time with the ministry on the monthly outings. St Paul Lutheran will be also be holding a neighborhood picnic in the parking lot this coming Wednesday evening as well.

Care-A-Van would like to thank these two churches and their volunteers for coming out and making a difference. There are many volunteers from different churches that are coming out now and volunteering for the weekly cookouts, street church, grocery distribution and morning ministry. If  you or  your church would like to get on board with blessing the community, you can call 343-0328.

Pastor Werk from St. Paul Lutheran and his little new friend

Jessica Beal from Northgate Mops reads a book to a little one

Deb Porter and Michelle Taylor from St Paul Lutheran get ready to serve breakfast

Kids enjoy games provided by Northgate Mops group

Photos: Today's drive back from Pavilion

By Howard B. Owens

I was down in Pavilion today and on the way back I took a few photos.

Above is a horse on Mill Road. 

I love driving along the creek next to Mill Road. There's always wildlife around.  Unfortunately, the bird pictures I tried to capture today didn't turn out.

More pictures after the jump:

There have been some pretty busy beavers along the creek next to Mill Road -- lots of fallen trees.

On old house on Silver Road.

A collapsing barn on Silver Road.

Old John Deere sign in Alexander.

Photos: Vintage snowmobiles at fairgrounds

By Howard B. Owens

The Don Cummings Memorial Antique and Vintage Snowmobile Show was at the Batavia fairgrounds  this year because it's outgrown its former location in Alexander. Proceeds benefited Mercy Flight.

More photos after the jump:

 

Photos: Horse show at Batavia Downs

By Howard B. Owens

There's a horse show going on at Batavia Downs. Riders from all over the northeast are in Batavia to test their skills and display their handsome mounts. If you've missed it, the show continues Sunday at 7:30 a.m. until 5 p.m.

More photos after the jump:

 

 

 

Arson suspect given resources to mount possible defense

By Howard B. Owens

A Rochester man accused of purposely setting a fire in order to kill his ex-girlfriend's father could have some of the DNA evidence reportedly being used against him re-examined by an out-of-state forensic lab, Judge Robert C. Noonan ruled today.

Andre L. Scott, 30, of 2323 Spencerport Road, Rochester, is in Genesee County Jail on high bail while his attorney Thomas Burns prepares for a trial on attempted murder, burglary and arson charges filed against Scott.

Scott is a accused of purposefully setting a fire at 12 Elm St. on Jan. 24, 2009. He was arrested in August.

Because Scott cannot afford an attorney, Burns is his appointed counsel. The DNA testing, private investigator and  expert witnesses Burns might call are being paid for by the county.

One glitch in getting new DNA tests is that there may not be enough of sample left from the original evidence to properly test it. Burns is researching that matter.

The samples come from a Clorox bleach bottle found at the scene of the fire and a book of matches.

Noonan noted that the DNA tests could cost a substantial amount of money, but given the seriousness of the case, he was mindful of "the importance of sufficient preparation for the defendant to be ready for trial."

The expense could including bringing in a forensic expert to testify about the findings from the lab in Massachusetts.

The private investigator will not be a significant expense, Burns said.

Scott has until June 30 to accept a plea bargain, or go to trial on Aug. 23.

Batavia police continuing investigation into baseball-bat attack on State Street

By Howard B. Owens

Batavia Police detective Todd Crossett is conducting interviews today, trying to determine who was involved in an aggressive attack on at least two people at 112 State St. last night.

One person was hospitalized with "significant" but non-life-threatening injuries, Crossett said. Another person was transported to the hospital for evaluation.

From five to six people entered 112 State St. with baseball bats, Crossett said, and the attack may be related to a fight -- possible retaliation -- the night before.

No arrests have been made.

The incident does not appear to be gang related, Crossett said.

Batavia detectives do not believe there is actual gang activity in the city. Any individuals in the city who appear to gang members -- from the colors they're wearing or sports paraphernalia they're wearing -- seem to be people from larger cities visiting friends and relatives in Batavia, but do not appear to be here to establish operations.

Comptroller expresses concern about financial stability of OTBs

By Howard B. Owens

In an audit of New York's five regional off-track betting operations, Comptroller Thomas DiNapoli warned that OTB wagering has dropped precipitously over the past five years, threatening the viability of the OTBs.

Western OTB comes off a little better in DiNapoli's audit, primarily because the gains in video slot operations are more than offsetting the declines in horse wagering (full Western OTB report (pdf)).

Western OTB Corporate and Branch Operations has experienced a 10-percent ($15.6 million) decline in net handle (total amount bet) over the past five years. And through May 2009, its net handle was down over $5 million compared to the same time the previous year. In addition, live racing and inter-track wagering at Batavia Downs were down 7.6 percent in 2008 from the prior year and have decreased 25 percent since 2005.

However, the corporation’s new video-gaming facility has generated additional revenue for the OTB. As a result, operating revenues increased to more than $21 million in 2008 compared to nearly $17.6 million in 2004, a 19-percent hike. These increases have significantly affected revenue distributions to local governments, which have grown from almost $3.9 million in 2004 to more than $4.9 million in 2008.

In the report on Western OTB, DiNapoli expresses concern that VTL gaming could level off or decline, depending on the economy or changing competitive issues.

The Buffalo News received a written response from OTB President Martin Basinait, who said WOTB is "somewhat more optimistic."

But he said a number of changes can be made in state law to make the OTBs more competitive, such as changing the formula by which revenues are shared with tracks.

Basinait noted other past warnings from the state comptroller's office, including a 2005 report that found the OTB did not properly plan for the possibility of failure of Batavia Downs and the casino. He said the success of the casino has shown it was "not due to happenstance."

Basinait said DiNapoli's red flags about the future economic health of the OTB's casino are "unwarranted."

Accident with an injury on Route 5, Pembroke

By Howard B. Owens

A two-vehicle accident has been reported on Route 5, a quarter mile west of the Pembroke Fire Hall, in Pembroke.

At least one person is injured, still in a car, but not trapped.

Pembroke Fire and Mercy EMS are responding.

Sea Bird Sighting on The Tonawanda

By JIM NIGRO

We had a rare - if not unique - visitor behind the house late Thursday afternoon. It was a cormorant, a diving, fish-eating water bird, common to open water such as Lake Ontario or the waters along the Atlantic shoreline. This was the first time I've seen one on the Tonawanda.

Note the hooked bill, a big help in taking fish. The cormorant is an excellent diver, diving to depths from five to twenty-five feet for a minute or more.

The cormorant is a great fish-catcher, so good in fact, it is the bane of charter boat captains and fishermen on Lake Ontario's eastern basin.

The cormorants wings are not fully water proofed and here it spreads them to dry. 

This particular cormorant was a willing subject, not only staying put for several photos, but displaying as well.

The cormorant obviously had dining plans when it made its Tonawanda stop over. Whether it had any luck I couldn't say.      

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