Press release:

The following is a statement from Fabien Levy, director of communications for Kathy Hochul for Congress:

“In just a few hours the House will vote on the Republican budget proposal that would end Medicare as we know it. For days, Kathy Hochul, candidate for New York’s 26th Congressional District, has called on her opponents to join her in rejecting any budget that would add burdensome costs onto the backs of America’s seniors. Today, there is only one candidate whose silence signals her intentions to break the promises made to our elderly population.

“Jane Corwin remains the only candidate in this race who has refused to tell the voters of the 26th District where she stands on the current budget proposal. As the only Republican in the country currently running for Congress, she has repeatedly dodged every opportunity to take a position on the Republican’s 2012 budget.

“While her silence signals apathy, the truth may be even worse. The people of the 26th want to know, if Jane Corwin was currently a Member of the House of Representatives, would she vote to slash benefits, increase costs, and hold America’s elderly population responsible for fighting with insurance companies? Kathy Hochul has firmly stated her opposition to this proposal and promised to reject any budget that fundamentally alters Medicare. 

“Assemblymember Corwin, before the vote is cast, tell the voters of the 26th District how you would vote today – would you reject the current budget proposal before the House or would you vote to decimate Medicare?”

A driver heading west on Route 5 near Mill Road shortly after midnight claims she didn't see the turn signal of the car ahead of her and was unable to stop before slamming into the 2003 Chevy sedan.

The SUV overturned and six people inside were transported to UMMC for treatment of various injuries.

The driver, Amanda A. Mull, 26, of Knapp Road, Akron, was cited for allegedly following too close and unlicensed operation.

The driver and passengers in the SUV were Erika R. Kreidler, 18, Cashay O. Merritt, 19, Ynesha C. Nixon, 18, Shanta A. Bedo, 18, Precious M. Jones, 18, Nana S. Gyesi, 22.

Kreidler's vehicle is registered in Mt. Washington, Ky.

Mull was also injured and transported to UMMC.

The accident was investigated by Deputy Patrick Reeves.

The Sheriff's Office and State Police were 6319 E. Main St.,  in South Byron this morning to retrieve and dismantle a suspected methamphetamine lab.

In connection with the operation, two people are reportedly in custody. Their names and the nature of the charges have not yet been released.

South Byron Fire Department and Mercy EMS along with Genesee County Emergency Services were also on scene.

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Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was taken into custody on East Main Street, Batavia, by State Troopers and Sheriff's Deputies on Thursday afternoon. Orbaker is accused of violating an order of protection. He allegedly hit a female covered by an order of protection.

Brian Michael Fairbanks, 33, of Church Street, Le Roy, is charged with unlawful imprisonment, 2nd, and menacing, 3rd. Fairbanks allegedly committed the crimes during a dispute with a friend in his apartment.

Nicholas M. Lyons, 30, of 17 Central Ave., Batavia, is charged with menacing, 2nd, and harassment, 2nd. Lyons is accused of punching, kicking and using a knife to threaten another person during an alleged incident at 10 p.m., Thursday.

This information comes from Assemblyman Steve Hawley's office.

Assemblyman Steve Hawley (R,I,C-Batavia) recently attended a press conference in support of immediate action on a property tax cap. The legislation was barred from a vote by the Assembly Majority, who passed rent regulations to control the cost of living in New York City instead.

“Time after time, poll after poll, the people of New York have expressed their overwhelming support for a property tax cap,” Hawley said. “As a representative for the people of Western New York, it is my responsibility to heed the call of my constituents, and I can hear them loud and clear. They are saying that we need to drive down the cost of living for all New Yorkers, not just those in the five boroughs of New York City.”

Hawley explained the litany of issues that coincide with the passage of a property tax cap, which would help families, businesses and local governments reduce the cost of living here in Western New York.

“The reason New York is in such desperate need of a property tax cap is because of the unfunded mandates handed down by state government to our villages, towns, cities, counties and school districts,” Hawley said.

“Mandate relief and property tax caps are not separate issues. They are inextricably linked and must be dealt with in tandem. It’s time to let our local governments run themselves without the onerous ‘Big Brother’ interference from the state Capitol that drives our property taxes in Western New York through the roof.”

Participants at the press conference included Brian Sampson, CEO of Unshackle Upstate, a bipartisan business coalition that awarded Hawley a perfect score on their 2010 Legislative Scorecard. Out of 212 state legislators, Hawley was one of only two that received a perfect score.

Jenna Raphael, of Batavia, spent a lot of time with the quaint little structure she affectionately calls "her house" during baseball season last summer. She had hoped that it would inspire people to take pride in their community.

Unfortunately, somebody came to give the opposite message...

The little red house, which is at Dwyer Stadium and manned during Muckdogs games as an information area for the public, was vandalized some time during the last few months.

Muckdogs General Manager Travis Sick discovered the damage after the winter snow melted. He said there's no way to be sure when the incident actually took place.

Furthermore, since no one is at the stadium at night, there is no way to determine who the vandals are. Sick suspects it may have been a group of kids in the area.

Fortunately, the damage was not extensive. The door was kicked in and the lock severed (above photo); parts of the door were broken off, so it will need to be fixed. There was also some debris on the floor inside that was not there before.

Nevertheless, Sick and Raphael both see this as a "disappointing and almost ironic" incident (Sick's words).

"The sign says 'take pride in your community,' and someone decided not to do that," he said.

Raphael agreed.

"It's hard for me to understand what motivates kids and adolescents to do this," Raphael said. "I don't think there is enough to occupy youth in this community, therefore they turn to these types of mischievous behaviors."

Locted near the stadium's Kid's Zone and, Sick says "off the beaten path," this house was given to Genesee/Orleans Council on Alcoholism & Substance Abuse (GCASA) last year. GCASA staff repainted it and made the above sign.

Raphael used it as a station from which to share information with Muckdogs spectators about Genesee County Drug Free Communities Coalition's (a GCASA program) efforts to address and improve environmental conditions that can lead to problem behaviors -- drugs, alcohol use, crime, fighting, etc. -- among our youth. For information on the coalition and, by extension, how this fits in with their overall mission, click on the following link: http://thebatavian.com/blogs/billie-owens/gc-drug-free-communities-top-10-finalist-international-honor/22803).

"Vandalizing a house (with a sign) that says 'take pride in your community' shows a lot of disrespect," Raphael said, adding that it "sends a distasteful message to those who continually work to make Genesee County a healthier and safer place to live."

She hopes to use the house again during the Muckdogs' upcoming season, in spite of what happened.

Because there is really no way to find out who the culprits are, no charges are being pressed. But Sick is encouraging any community members who are in a position to do so, to keep an eye out for suspicious activity at the stadium at night.

"If you see anyone walking around that shouldn't be there, call the police."

Top photo taken by Linda Cummings

The eagle atop the Upton Monument at Main and Ellicott in yesterday's late afternoon sun.

As a matter of "consistency," the Genesee Economic Development Center Board on Thursday approved tax abatements for a proposed Holiday Inn Express near the Thruway in Batavia.

The project will get a 60-percent PILOT (Payment in Lieu of Taxes), and relief from mortgage taxes and sales taxes on construction materials.

Several local hotel owners showed up for the meeting at the Upstate MedTech Center, but none where given a chance to speak. They previously expressed their concerns at a public hearing attended by GCEDC staff, but no board members. Last month, staff members presented a detailed report to the board on the owners' objections.

Mark Masse, senior VP of operations, said in a brief statement to the board today that he researched some of the claims made by hotel owners -- about the impact more hotel rooms would have on occupancy rates -- and concluded, "an analysis of the data could be interpreted in many different ways."

Past hotel projects that received GCEDC assistance included construction of the Best Western in 2002 and the Hampton Inn in 2002. In 2008 and 2010, local acquisitions of hotels received tax abatements (but no PILOT) and the Travel Lodge and Clarion have recently received PILOTs.

Masse concluded, "It's my recommendation as a policy decision to either be consistent with previous 60-percent PILOTS, mortgage tax and sales tax abatements, or is it the decision of the board not to help these types of projects going forward."

Board Chairman Hollis Upson spoke in favor of being consistent.

"There is some argument for the fact that additional rooms could be brought into the market without severe impact to existing hotels," Upson said. "It's certainly not the EDC's intention to harm any existing business, but we also want to be consistent."

After the meeting, the attorney for the existing hotel owners argued that there is no precedent for these tax abatements. He said the prior abatements for more rooms were granted years ago before the market was saturated.

"All of the data is that the 12-month occupancy rate never gets above 50 percent," said Thomas J. Warth, of Hiscock & Barclay. "Most of the properties are in the 40-percent area, and that's distressed property range."

Yesterday, the weather forecast for this morning sounded promising for photography, so my morning plan was to get out early and see what pictures I could take. There weren't many clouds nor much low-lying fog, but once out, might as well snap a few frames.

Above, the sunrise from Roanoke Road, Pavilion. Below, a field on Transit Road, Bethany and the back side of the Flemming barn (which I've featured before) in Bethany.

Press release:

ERIE COUNTY – Today, the House of Representatives passed the 2011 budget compromise that was struck last Friday night, just one hour before a government shutdown.

While Kathy Hochul called for this compromise early on and challenged both her opponents – Republican, Jane Corwin, and Tea Party-endorsed candidate, Jack Davis – to join her in supporting the agreement, neither candidate ever stated their position.

“Last Friday, literally in the 11th hour before a government shutdown, House and Senate leaders came together and worked out a budget compromise that averted a massive government shutdown,” said Hochul.  “From early on, I called for this compromise and challenged both Jane Corwin and Jack Davis to follow my lead. Today – six days later – neither candidate has yet to say a word.

“The people of the 26th District do not currently have a Congressmember representing their best interests in Congress. If I was serving as a Representative for Western New York, I would have been working to avoid a government shutdown last week. However, if my opponents were in Washington, we have no idea what they would have done. 

“It is only fair to ask would they have supported a budget compromise that kept essential services going or would they have supported a massive shutdown that would have delayed essential services to our veterans, our troops, our business owners, our students, our seniors, and to the American taxpayers?

“The lack of interest and care by Jane Corwin and Jack Davis has been disheartening and I hope they finally join my lead and support this budget compromise that will cut waste and get our economy moving forward.”

Press release:

Statement from Jack Davis, Independent candidate for U.S. Congress (NY-26), on federal budget proposals:

The budget proposals from both parties in Washington fail to address the real issue: jobs for Americans. Putting Americans back to work is the way we will reduce the deficit and balance the budget.

I oppose privatizing Medicare and forcing seniors to buy insurance with vouchers. This would throw millions of senior citizens into poverty or worse, and it fails to lower health care costs.

Instead of cutting Medicare and Social Security, we can save money by cutting foreign aid and foreign military commitments, from Afghanistan, Iraq and Libya, to Germany, Japan and Italy. We must end corporate welfare and tax giveaways that allow companies like GE to pay no taxes at all.  

We have given government an unlimited expense account – and it has exceeded it. Giving Washington more money is not the solution. That’s why I oppose raising taxes.

We need to put Americans back to work instead of pushing more trade deals like NAFTA that send our jobs overseas.

Putting Americans back to work is the best way to reduce the deficit. Right now, about 56 percent of Americans over the age of 16 are working. If the percentage of working Americans increases to 64 percent, the budget deficit disappears. To put it another way, working Americans and profitable businesses pay taxes and pay into the Social Security and Medicare trust funds. The jobs offshored to China do not pay U.S. taxes.

But instead of focusing on jobs for Americans, the leaders of both parties are pushing for more failed trade deals that send American jobs overseas.

In the next 90 days, Congress will vote on a Korea trade agreement that would outsource thousands of American jobs and open the door to more imports from communist China. The party leaders are also pushing a NAFTA-style deal with Colombia that will cost us more jobs.

I will oppose these trade deals and will fight for American jobs. I ask Jane Corwin, Kathy Hochul and Ian Murphy to join me in making an iron-clad commitment to fight against these unfair trade deals.

Jack Davis, Independent candidate for U.S. Congress, is an engineer, innovator and entrepreneur who founded and manages I Squared R Element Co., Inc. a manufacturing company in Erie County. He has given the company to his employees and they will own and manage it when he retires.

A possible fire is reported in an upstairs apartment located at 335 Bank St. It's in the Northside Meadows Apartments, building A.

City Fire Department is responding.

UPDATE 12:09 p.m.: It's burnt food, according to the firefighter on scene.

UPDATE 12:11 p.m.: All units are clearing the scene, back in service.

The Village of Le Roy managed to cut taxes with the budget the board approved unanimously Wednesday evening.

Mayor George Brady said the village is benefiting from higher PILOT (Payment in Lieu of Taxes) revenue kicking in, which enabled the village to cut the tax rate for property owners.

Among the businesses covered by PILOT that are seeing their payments increase are Le Roy Village Green and Lapp Insulator.

The approved tax rate went from $10.87 to $10.59 per $1,000 of assessed value -- a decrease of 28 cents. If a village resident owns a house assessed at $80,000, his or her taxes will decrease by $22.40.

The village tax levy from all sources was about $20,000. The approved budget totals $1,670,620.

As far as major changes from last year, equipment expenses for the police department increased by about $32,000.

Residents questioned an increase of about $25,000 earmarked for police department overtime and Brady explained that officers were asked to help as crossing guards for schoolchildren.

Generally, residents seemed pleased with the new budget.

One man said, “You’ve done a great job I think...for what you’ve got to work with.”

A 16-year-old who was last seen at Tim Horton's restaurant in Batavia at 5 p.m., April 7, has John Dehm, youth officer for the Sheiriff's Office, concerned.

The teen has runaway in the past, but she's never dropped out of contact before, Dehm said.

"I'm a little worried about here," Dehm said. "I would like somebody to call and say we know where she is."

Even if she just pops up on Facebook, Dehm would like to know.

Sara Howard is described at 5'2", 120 lbs and was last seen wearing black jeans, black books, a dark gray sweater and a black Aeropostale jacket. She has dark brown hair usually worn in a ponytail.

Dehm said he's tried calling her and texting her but hasn't gotten any response.

Anybody with information about Sara is asked to call the Sheriff's Office at 343-5000.

Jennifer Jean Fracek, 20, of Batavia-Stafford Townline Road, is charged with unlawful possession of marijuana. Fracek was charged after College Village security contacted the Sheriff's Office with a claim that Fracek was found in possession of marijuana during a security investigation.

Press release:

Having recently learned of Hollis Upson’s decision not to seek another legislative term this fall, I have decided to pursue the Republican nomination to be the next representative for the 8th District on the Genesee County Legislature.

The 8th District represents Wards 2 and 3 in the City of Batavia. I have been a resident of the second ward for most of my adult life. Before my election to Council at Large, I served as the second ward representative on the City Council. As the current City Council President, I have committed myself to addressing the needs and challenges within the City of Batavia. If given the opportunity, I will work diligently to address those needs at the county level.

Press release:

ERIE COUNTY – Kathy Hochul, candidate for New York’s 26th Congressional District, today released her third television advertisement entitled “The Fighter.”

The 30-second spot tells the story of how Kathy Hochul fought for the residents of Western New York and became the “Stop the Tolls Pioneer.”

“Voters in Erie County know Kathy as a fighter, who persistently has worked for their best interests,” said Fabien Levy, communications director for Kathy Hochul for Congress. “‘The Fighter’ will tell one of those stories to the voters of the 26th District, so they know how hard Kathy will work for them once elected to Congress.”

Press release: 

The first television ad from the Jack Davis independent campaign for Congress contrasts Jack’s record of creating good-paying American jobs with the record of both parties in Washington that support trade deals like NAFTA which encourage companies to move American jobs offshore. The spot begins airing on cable and broadcast in the Buffalo and Rochester media markets on Thursday.

The factory scenes in the commercial were shot at I Squared R Element, Inc., in Akron N.Y., the company Jack Davis founded and manages. Jack’s commitment to his country, his community and his employees led to his decision in 2009 to give his company to his employees. 

“The success of my company was made possible by the loyalty, dedication and hard work of the men and women who work here. They will own it when I retire. They don’t have to worry about the company being sold and losing their jobs,” Jack Davis says. See the attached letter from Jack Davis to his employees for details.

NAFTA passed Congress in 1994 with support from President Clinton and both political parties in Congress. After its passage, multinational companies closed U.S. plants and relocated to Mexico. Today, President Obama and the Republican leadership in Congress are pushing trade deals with Korea, Colombia and Panama. The Korea trade agreement alone will lead to 159,000 lost U.S. jobs, more imports from China and a higher trade deficit.