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New Upstate vs. Downstate battle ground: How prisoners are counted

By Howard B. Owens

Felons can't vote, but they do, it appears, have a tremendous influence on New York State politics.

It turns out, where they live (like in a prison in Upstate New York) has some influence on how legislative districts are proportioned.

Some Downstate interests don't like the fact that NYC criminals housed in Upstate facilities get counted as Upstate residents.

There's a proposal in the State Legislature to change how prisoners are counted for legislative districting purposes.

Newsweek wrote about the issue recently.

Its prospects are good in the Democratic-controlled Assembly, but it may not get through the nearly evenly split State Senate, where seven districts, including those of two Democrats, would need to be redrawn due to insufficient population if they lost their prisoners in redistricting. The state senators from those districts contend that their constituents are absorbing a public need, not just government dollars, because the prisoners exact a toll on the surrounding areas. “Upstate communities accepted prisons for the economic benefit,” says Sen. Joe Griffo, “but there’s also other impacts, both positive and negative. The fire department, police department, and hospitals all have to respond to the prison and the inmates.”

...

Although the New York proposal, like the new law in Maryland, would affect only legislative redistricting, not state funding for social services, Griffo argues that political power always translates into government funding, so prison-heavy districts upstate have a real financial stake in preserving their claim on prisoners in redistricting. A spokesperson for Assemblyman Hakeem Jeffries, who sponsored the redistricting bill, characterizes that thinking as “the upstate prison-industrial complex,” protecting its own interests.

Photos: Town of Batavia's Harley Raffle party

By Howard B. Owens

In what may be the Town of Batavia's biggest party every year, the Volunteer Fire Department held its Harley Raffle at the Lewiston Road Fire Hall/Rec Hall last night. Hundreds of people were there enjoying live music from Seventh Heaven, food and a beer tent.

No word yet on who won the Harley.

UPDATE: Here's the winners:

1st $500.00 Ticket # 833 - Billy Ouweleen
2nd $500 winner Ticket # 1251 - Dave Winzig
3rd $500.00 ticket # 1358 - Scott Adams
4th $500.00 winner ticket # 976 Daniel Stiles
Grand Prize (Fatboy) goes to ticket # 2308 Linda Camp from Adams, N.Y.

A record 934 people attended the event.

Photos: County Fair Demolition Derby

By Howard B. Owens

Saturday night at the County Fair was demolition derby night.  I was there for two races and took some pictures. It was a big, muddy mess, but a lot of fun.

More pictures after the jump:

The driver here is being disqualified for getting out of his car before the race was officially declared over. The disqualification cost him second place. Two pictures below, he protests the decision.

Photo: Juggler at the County Fair

By Howard B. Owens

After taking pictures at the demolition derby, I spotted this guy doing a little juggling as I left in the food vendor area.

I'll post derby pictures, and Town of Batavia Fire Department raffle/party pictures on Sunday.

Car wreck at Route 77 and Cohocton Road

By Billie Owens

A vehicle is reported to have smashed into a parked vehicle at Route 77 and Cohocton Road. There are injuries in this rollover accident and Mercy Flight is on standby.

Pembroke and Indian Falls fire departments are responding.

The subjects involved are out of the vehicle.

Car accident with injuries reported in Darien

By Billie Owens

A motor-vehicle accident with injuries is reported in Darien in the vicinity of (Route 77) Allegany and McVean roads. An ambulance is requested, and State Police ask for a nonemergency response. Darien fire and a medic are responding.

Weather: Severe thunderstorm watch until 10 p.m.

By Howard B. Owens

I've been contacted by members of the Town of Batavia Fire Department wanting me to remind you that no matter the weather -- sun, rain or even tornado -- the Harley Raffle event at the Fire Hall will go on as planned.

Last year, there was a tornado in Corfu just hours before the event, followed by an absolute torrential downpour during the festivities.

More extreme weather is going to hit the party this year -- and they tell me that won't keep the Town of Batavia Fire Department from partying on.

A severe thunderstorm watch has been issued by the National Weather Service and the storm is expected to hit Batavia.

The watch is in effect until 10 p.m

The Town of Batavia event begins promptly at 7 p.m.

No word, however, on how the weather will effect the Genesee County Fair's hugely popular Demolition Derby, scheduled for 7 p.m.

Motorcycle accident reported in East Pembroke

By Billie Owens

A motorcycle accident is reported between Pratt and Killian roads in East Pembroke.

A hand hip laceration is reported. Mercy EMS and East Pembroke fire are responding.

UPDATE (3:58 p.m.): Mercy Flight is requested. More manpower is requested to set up a landing zone in a hayfield located west of Killian and south of Slusher roads.

UPDATE (4:23 p.m.): Due to weather conditions, Mercy Flight is taking the patient to Strong Memorial Hospital in Rochester.

City needs at least 1,200 more citizens to take online survey

By Billie Owens

In order to make the City of Batavia's Citizen Survey viable, at least 1,200 more residents need to log onto its home page and take eight minutes to answer eight questions.

For all those Batavians with a bone to pick, two cents worth, a word of praise or some pointed recommendations, here's a quick, easy opportunity to get it on the record for the city council to consider.

Simply put, more people need to weigh in in order for the data to be useful for planning purposes.

The website is <http://www.batavianewyork.com>.

City residents and those who work in the city are asked to provide input in order to gauge how citizens perceive the quality of several city services.

The survey also inquires as to whether citizens plan to remain in Batavia in five years and provides an area for general comments. The data received from the survey can be broken down by ward, age group and/or gender.

The survey was developed by city administration and is being administered free of charge through the use of software owned by Genesee Community College’s BEST Center.

While the city has contracted with the BEST Center to help it develop a strategic plan, the administration of the survey is being offered at no cost to the city.

“We are grateful to the BEST Center for allowing us to utilize its existing resources,” said City Manager Jason Molino. “This is our first time to administer an electronic survey, and we need more citizen involvement.

"We chose electronic means because it is environmentally responsible, provides efficiency with data interpretation and was offered to us free."

According to Molino, data from the surveys can be organized and reported out with the use of various filters within a matter of minutes.

“Efficiency and environmental consciousness aside; we need enough citizens to complete the survey in order to have quality usable data for our planning process,”  Molino said.

“We are strongly encouraging all residents to log on to the website and spend a few minutes to give us the feedback we need to make citizen-involved decisions during our planning process.”

For individuals without computer access, the Richmond Memorial Library encourages Batavia residents to use its free Internet service to take the survey. The library offers several computer terminals from which the survey can be taken. The service is free; however individuals must sign up to become a library member.

Membership to the Richmond Memorial Library is free and simply requires a few minutes to provide some basic information. Summer library hours are:  9 a.m. to 9 p.m. Monday through Thursday, and 9 a.m. to 5 p.m. on Friday and Saturday. The library is located at 19 Ross St.

If there are any questions, please contact:

Office of the City Manager
One Batavia City Centre
Batavia, New York 14020
Phone:   (585) 345-6330
Fax:        (585) 343-8182
E-mail:   jmolino@batavianewyork.com

Two arrests, 14 citations at Darien Lake Goo Goo Dolls concert

By Howard B. Owens

The following arrests and citations were reported in conjunction with the Goo Goo Dolls concert Friday night at Darien Lake Theme Park.

Robert M. Pekarski, 22, of Getzville, is charged with assault, 3rd. Pekarski allegedly punched another concertgoer in the mouth, causing a cut.

Officials were unable to determine the identity and age of one reportedly highly intoxicated person. He was charged with disorderly conduct and jailed on $350 bail.

The following people were cited for allegedly possessing alcohol under 21 years of age.

Alex J. Greco, 19, of Whitestone Lane, Lancaster
Matthew M. Deboth, 18, of Mapleview Road, Cheektowaga
A 17-year-old, of Old Farm Circle, Williamsville
Michelle L. Hecht, 19, of Red Oak Drive, Williamsville
Laura E. Lenk, 18, of Robin Hill Drive, Williamsville
A 17-year-old, of Sand Stone Court, Clarence
A 17-year-old, of Richmond Avenue, Buffalo
A 17-year-old, of Wrench Trail, Williamsville
Luke S. Klee, 18, of Cherry Tree Lane, Orchard Park
A 17-year-old, of Lakeridge South, Orchard Park
Kevin M. Prise II, of Henning Drive, Orchard Park
Matthew P. McLaughlin, 18, of  Poplar Avenue, Orchard Park
Justin M. Moracci, 18, of 71 E. Abbott Grove, Orchard Park
Douglas H. Henning, 19, of  S. Lincoln Avenue, Orchard Park

Accident in Darien sends one person to the hospital

By Howard B. Owens

One person was taken to a hospital following an overnight accident on Route 77 near Reynolds Road in Darien.

One of the drivers, Bennett L. Goldstein, 19, of 257 Pennsylvania St., Buffalo, was cited for allegedly following too close, which Deputy Kevin McCarthy says is what caused the accident.

Transported to UMMC was Clayton B. Hoyt, 18, a passenger in Goldstein's 2003 Dodge SUV.

Also reportedly injured, but not transported, was Courtney A. Anthony, 21, of 216 Hampton Road, Syracuse. Anthony was the driver of the second vehicle.

The accident was reported shortly after midnight.

Akron man accused of raping 14-year-old girl in Corfu

By Howard B. Owens

A 20-year-old Akron man is accused of raping a 14-year-old girl in a Village of Corfu parking lot.

The alleged incident occurred in June 2009.

Randy A. Reiss Jr., of 23 Danita Drive, Akron, is accused of serving the girl several wine coolers and then having forcible sexual intercourse with her in a parked car on West Main Street, Corfu.

Reiss is charged with rape, 1st, rape, 2nd and unlawfully dealing with a child, 1st.

The defendant was arraigned in Corfu and is scheduled to appear in the Corfu Village Court again at 6 p.m. on Aug. 3.

The year-long investigation was conducted by Investigator Timothy Weis, Deputy Loni Nati and Deputy Patrick Reeves.

Duck owner's case continued so he can hire an attorney

By Howard B. Owens

In the other bird matter on the Batavia City Court docket this morning, Oak Street resident Ron Graziaplena appeared before Judge Robert Balbick to answer to charges that his duck pond is in violation of a variance permit.

Graziaplena is also accused of various other code violations.

After entering a not guilty plea, Graziaplena was informed that he was entitled to an attorney to represent him in the matter.

Graziaplena asked for a continuance of his case to Aug. 20 so that he get an attorney.

"I don't know who I'm going to get," Graziaplena.

He said he couldn't afford an attorney, but Balbick said that because these alleged violations are not under penal law, Balbick couldn't offer a court-appointed attorney.

Previously: Dispute over ducks, other complaints, has Oak Street man headed to court.

Farm tractor ablaze in field in Byron

By Billie Owens

A fully involved farm tractor fire is reported at 5552 Cochran Cockram Road in Byron. It is in the middle of a field with no structures surrounding it.

Byron and South Byron fire departments are called to respond.

UPDATE (1:28 p.m.): The tractor fire is about a hundred yards from a house. The address is between Transit and Bank Street roads.

UPDATE (1:30 p.m.): The fire is knocked out but the fire units are requested to continue.

UPDATE (1:35 p.m.): A fireman reports that the fire has rekindled itself.

UPDATE (1:51 p.m.): The fire is reported to be completely out and the firefighters are leaving the scene.

Area Boy Scouts head to Virginia for well-earned fun at 'Jamboree'

By Daniel Crofts

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

Latina's property manager not in court, arrest warrant issued

By Howard B. Owens

Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

Police Beat: Teens accused of stealing latex gloves from Alexander School

By Howard B. Owens

Lucas David Trzecieski, 18, of Broadway Road, Alexander, is charged with criminal trespass, 3rd, and petit larceny. Trzecieski is accused of being on Alexander School property without permission and of stealing latex gloves. A 17-year-old from Attica was also charged.

Jason L. Adams, 66, of Batavia, is charged with assault, 3rd. Adams was arrested by State Police at 5:17 p.m., Wednesday. No further details were released.

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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