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We're back

By Howard B. Owens

Billie and I are back in Batavia.

Thank you to WBTA and especially Geoff Redick for helping with the news coverage while we were gone.

It was great to see friends and family -- and the first place Padres at Petco (picture above of Heath Bell signing autographs before the game) -- but we're glad to be home.

I didn't take as many pictures as I imagined I would, but I did take a few. The Bell picture above is one of my favorites, as is the cactus picture below. These silver dollar cactus plants are growing in my dad's back yard. They started with cuttings from the silver dollar cactus we had in our yard in Bakersfield when we lived there. 

Former director explains her departure from HLOM

By Howard B. Owens

The following is a statement from Marilyn Warner (Drilling) regarding her resignation from the director's position at the Holland Land Office Museum:

Several of you, my friends, have called to ask why I so abruptly submitted my resignation to the board of the Holland Land Office museum. There are many reasons, but two I would like to make public.

I was married on July 31st , moved to Wyoming County and am now raising my two college-bound daughters along with my husband’s three young children. John and my girls are my primary responsibility and I am truly looking forward to focusing on our expanded family and less time on outside work duties. As you know, the job as director of the Holland Land Office Museum included many nights and weekend engagements.

Equally as important is my dedication to the creation of the honorary International Peace Garden in Batavia and the many opportunities it brings for the financial future of the Museum and the tourism industry in Genesee County. Due to the support of the County Legislature and the Chamber of Commerce, a small core of volunteers has now developed a nonprofit group known as the Friends of the Peace Garden Legacy Genesee, which will allow us to fundraise and write grants for the project.

We are working with the International Peace Garden Foundation and the BiNational Tourism Alliance to be included in regional and cross-border marketing plans for the anniversary of the War of 1812. The current leadership of the Museum recently requested that my energies on this project be spent as a private citizen. My resignation will allow my continued involvement in this exciting venture.

I have also been offered several development consulting opportunities that I have not been able to pursue due to my work obligations and time constraints operating the Museum.

I am very proud of the many accomplishments I orchestrated during my year as the Museum Director. Working with then-assistant director Emily Conable, we took to the task of reorganizing the Museum collection and repositioning the marketing program to focus on the land Purchase and its significance to the development of New York State. This winter’s temporary exhibit highlighting rare surveying equipment and the spring women’s exhibit featuring Genesee County females “ahead of their time” attracted many new visitors from throughout the eight-county region.

The Museum interior took on a new appearance as pieces of the collection are now regularly rotated from storage to displays. New marketing pieces were created and unique low-cost marketing techniques were implemented. Most important are the many collaborative community relationships that have been built during these months, especially with Genesee Community College, the county historians and key partnerships with the Chamber, Richmond Library and GoArt.

The Holland Land Office Museum is a vibrant, exciting treasure in Genesee County and it has been my honor to serve as its director.

Family friends, TopLine Shirt Co., plan memorial items for OA crash victims

By Scott Grefrath

The young deaths in Oakfield will not be forgotten thanks to Shanda Mabon and the Jarvella family that has worked to team up with TopLine Shirt Company to bring memorial merchandise to friends family and the Genesee County community.

Shanda Mabon, whose sister Amanda Mabon was killed in a car accident about three years ago, organized the ordering of wristbands for Josh Durham, Matt Ware and Allyson Galens. The purple wristbands will say "Live, Laugh, Love" and will have hearts as well as each of the three names.

The Jarvella family, friends of Justin Dickes, contacted TopLine to have shirts made up for his family.

"The proceeds will go to his father to help him cover his (funeral) costs," says Angela Jarvella. The shirts will have his initials "JD" and a cross on the front as well as his name and a guitar, which was one of his passions, on the back.

"It's something we really wanted to help with," says Tim Walton, owner of TopLine. "This has been a tragedy for the families and community and we are glad we could help in whatever way we can at this time"

Mabon has already sold over 200 wristbands and is waiting for another order to come in within the next two weeks. The shirts can be pre-ordered this week by contacting a member of the Jarvella family or TopLine at 585-219-4311. Both the bands and shirts will be available for purchase inside TopLine Shirt Company at 214 E. Main St. in Batavia.

The bands are available for $2 and the shirts are available for $10. Proceeds from the sales benefit the families of the crash victims.

Mabon also has other ideas she is planning to benefit the families. If anyone is interested in helping her with any events you can contact her at shandamabon@hotmail.com.

Holland Land Office Museum executive director resigns

By WBTA News

The Holland Land Office Museum is without an executive director again.

Board members of the museum confirm that Marilyn Drilling has suddenly resigned the position she has held for less than a year.

The museum board is expected to meet today to plot its next move.

Cristina's owner ready to donate property for a better future

By WBTA News



In the wake of a disheartening fire more than two years ago, the owner of the former Cristina’s Restaurant & Lounge on Ellicott Street plans to re-invigorate his property – by giving it away.

Chuck Brumsted says it’s time to see the remains of his restaurant made useful again.

“Without all the community support we had through (25) years, what Cristina’s was wouldn’t have been possible,” Brumsted says. “So we’d like to take the property as-is and donate it to a not-for-profit organization. And that way it stays in the community, and hopefully a majority of the people will be able to use it.”

He bought the building at 230 Ellicott St. in 1984.

“I basically put the building together…through numerous additions; it was a wreck when I acquired it,” he says.

For 25 years, Brumsted operated the restaurant, gaining notoriety in the area and attracting such big governmental names as Hillary Clinton and Andrew Cuomo.

Then in 2008, tragedy struck. A destructive early-morning blaze ripped through the main building. It was declared a total loss and was eventually torn down, leaving an empty lot next to the also-damaged banquet hall.

The cause of that fire was never discovered. Brumsted declines to speak anymore about the fire.

“We don’t want to live in the past."

And so, moving forward with the property is his goal. In all, he estimates about 9,000 square feet is available, including a 5,000-square-foot, non-combustible masonry building.

“One of the ideas that’s been entertained is to take the part that was a two-story frame building, and make green space, a park-like setting. Then take the building that’s left, open up the east wall, and make an open amphitheater.”

Another idea is for a non-profit to simply acquire it and rent the space out for private parties or wedding receptions. Those are just a few of the many ideas Brumsted envisions for the site; he listed off 10 different proposals in a row. None of it is final, of course: Brumsted hasn’t yet secured a non-profit to donate to.

Whatever the cause, Brumsted says he hasn’t even considered any monetary loss he may absorb by giving it away.

“That hasn’t even been discussed. It’d be an honor and a privilege to see the building stay intact and have years and years of use. It’d be a great memory of Cristina’s.”

Any non-profit organization interested in Chuck Brumsted’s offer is asked to contact him by calling (585) 356-0927.

PHOTOS:  top, Cristina's today; inset, Cristina's before fire (courtesy Chuck Brumsted); bottom, re-development plans for former Cristina's site (courtesy Chuck Brumsted).

Police Beat: Batavia resident accused of dealing prescription drugs

By Howard B. Owens

Michael L. Jackson (pictured), 29, of Seneca Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd. Jackson is accused of selling prescription medication to an agent of the Local Drug Enforcement Task Force. Jackson was arrested Saturday and jailed without bail.

Jonathan Chad Sisk, 37, Chili-Riga Center Road, Riga, was arrested for alleged failure to appear on a petit larceny charge. Sisk was taken into custody by Monroe County Sheriff's deputies and turned over to Genesee County. Sisk was jailed on $500 bail.

Mitchell Edward Bryan, 18, of East Bethany-Le Roy Townline Road, Stafford, is charged with unlawful dealing with a child. Mitchell is accused of hosting an underage drinking party.

Craig Alan Tiberio-Shephard, 21, of Lathrop Avenue, Le Roy, is charged with DWI and speeding. Tiberio-Shephard was stopped 7:39 p.m., Saturday, on Route 33 near Colby Road in Darien by Sgt. Greg Walker. Walker responded to Route 33 following a complaint of an erratic driver. Tiberio-Shephard allegedly refused to submit to a breath test.

Kevin R. Eustice, 41, of 18 Church St., Le Roy, is charged with harassment, 2nd. Eustice is accused of pushing his ex-girlfriend. The alleged incident occurred at 11:50 p.m., Sunday.

Forrest F. Ansel III, 20, of 572 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt. Ansel is accused of punching a family member at 2:35 p.m., Sunday. There is reportedly an order of protection in place involving Ansel and the family member. He was jailed on $1,000 bail.

Donald A. Stirk, 30, of 639 E. Main St., Batavia, is charged with criminal possession of a controlled substance, 7th. Stirk was charged after a Genesee County probation officer visited Stirk's residence and allegedly found crack cocaine residue on a pipe.

Candice J. Wells, 25, of 5280 Old Telephone Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Wells was stopped at 2:20 a.m., Saturday, on West Main Street, Batavia, by Officer Marc Lawrence.

(name redacted upon request) 18, of Hidden Meadow Drive, Marcy, is charged with unlawful possession of marijuana. xxxx was stopped in a car at 11:31 p.m., Aug. 5, on Route 5, Pembroke, by Deputy Patrick Reeves.

name redacted upon request, 18, of Walker Road, Deerfield, is charged with unlawful possession of marijuana. xxxx was reportedly located in a car parked on Route 5, Pembroke, at 11:31 p.m., Aug. 5, by Deputy Patrick Reeves. Reeves reported smelling the odor of marijuana. After checking the car, Reeves allegedly found marijuana and paraphernalia.

Eric J. Shultz, 30, of Main Street, Akron, is charged with DWAI (alcohol and drugs), and failure to comply with the lawful order of a flag person. Shultz reportedly exited the Tom Petty concert 11:58 p.m., Saturday, and nearly struck a flag person directing traffic.

Samuel Leonard Thomas, 51, of Lyell Avenue, Rochester, is charged with attempt to evade cigarette tax. Thomas was stopped for an alleged traffic violation at 2:08 p.m., Sunday, on Route 63 in Oakfield, by Deputy Loni Nati and allegedly found in possession of 32 cartons of untaxed cigarettes.

Rebecca Lee McCoy, 19, of Simonds Road, Darien, is charged with unlawful dealing with a child. McCoy is accused of hosting an underage drinking party Sunday morning.

Trevor Bent McGuckin, 19, of Johnson Road, Churchville, is charged with criminal possession of a hypodermic instrument, unlawful possession of marijuana and unlawful possession of fireworks. McGuckin was stopped at 1:04 a.m., Sunday, on West Main Street, Batavia, for an alleged traffic violation by Deputy Patrick Reeves.

Michael Anthony Amadori, 53, of West Tillen Road, Boston, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Amadori was stopped at 11:23 p.m., Saturday, on North Main Street in Corfu by Deputy Patrick Reeves.

Mark E. Beatty Jr., 31, of 46 Church St., Le Roy, is charged with petit larceny. Beatty allegedly tried to leave Tops Market with a shopping cart full of merchandise without paying for the items.

Aaron R. Bosse, 19, of 6971 Knowlesville Road, Alabama, is charged with unlawful dealing with a child. Bosse is accused of hosting an underage drinking party Friday night.

Kyle John Helak, 18, of Meadow Lane, Attica, is charged criminal possession of a controlled substance. Helak allegedly did not have a prescription for medication he possessed while at Darien Lake.

Genesee County Habitat for Humanity begins house # 8

By Ronald Burroughs

Genesee County Habitat for Humanity is starting its eighth house in about 11 years.

The blessing, with the new family that will be working along with many volunteers to completely renovate the house, was held Saturday afternoon with friends and relatives in attendence.

Angelina, Nikalina and Carmelina have been selected for the house at 150 State Street in Batavia.

The mother of two will have to complete hours of "sweat equity," and when finished, the keys will be turned over to her family.

Habitat will carry a 30-year, interest-free mortgage on the cost of materials.

Check geneseehabitat.com for updates on the progress of the renovations and all questions about Habitat.

Jessica Tomidy, executive director of GCHFH, on right, assisted with the blessing.

Today's Deals: Carlson's Studio, Adam Miller, Clor's, Kravings and more

By Howard B. Owens

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $120 gift card for $60 (+$2 PayPal Service fee).

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

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

SOLD OUT

Tom Petty Concert at Darien Lake: 11 arrests and 22 citations

By Howard B. Owens

Matthew D. Gregorius, 47, of Hessler Court, Dansville, is charged with disorderly conduct. Gregorious is accused of fighting with medical personnel at Darien Lake. He was jailed on $250 bail.

Eric T. Grundstrom, 23, of Thayer Street, Jamestown, is charged with trespass. He is accused of running past security in a restricted area after being ejected from the concert venue. He was jailed on $250 bail.

Douglas Brinkman (AKA John Doe), of Eden, is charged with trespass. Brinkman is accused of running past security in a restricted area. Brinkman reportedly refused to give his name or any information about himself. He was jailed on $200 bail. Paul A. Gibson, 25, of Linwood Avenue, Port Colborne, Ontario, Canada, is charged with trespass for allegedly failing to leave the venue after being told several times to leave. He was jailed on $200 bail.

Drew T. Oyler, 20, of Bucktooth Run, Little Valley, is charged with trespass for allegedly returning to campgrounds after being ejected. He was jailed on $200 bail.

Donna M. Lawyer, 50, of Warren Street, Tully, is charged with petit larceny and trespass. Lawyer is accused of shoplifting candy from the gift shop and then returning to the park after being ejected.

Jesse D. Sills, 26 of Windridge Lane, Hamburg, is charged with disorderly conduct and harassment, 2nd. Sills is accused of engaging in violent and threatening behavior outside the concert venue and then threatening another person. He was jailed on $200 bail.

Curtis J. Mooney, 21, of Hermitage Road, Rochester, is charged with trespass. He is accused of returning to the concert venue after being ejected.

Kaitlin C. Kolb, 24, of Main Street, York, is charged with petit larceny. She is accused of stealing two cups of beer from a food stand inside the concert venue.

Jacob J. Turley, 21, of Eggert Road, Amherst, is charged with trespass for allegedly returning to the concert venue after being told to leave.

Christopher D. Wolf, 21, of Thornwoods Drive, Niagara Falls, is charged with petit larceny and resisting arrest. He is accused of stealing a cup of beer from a concession stand inside the concert venue and the refusing to be taken into custody and struggling with deputies.

Justin K. Washburn, 18, of Fulton Street, Hornell, is charged with unlawful possession of marijuana and possession of alcohol under 21.

Twenty-two people were issued citations for allegedly drinking alcohol under age 21. The full list after the jump:

A 16-year-old of College View Drive, Batavia
Tiffany M. Sheffer, 19, of Bennett Avenue, Bloomfield
Kevin J. Stevens, 18, of Ashley Drive, West Seneca
Boban Popara, 18, of Cherokee Drive, West Seneca
David G. Gurney, 19, of Woodside Avenue, East Aurora
Abby R. Pingitore, 19, of Sunset Blvd., Angola
James T. Pero, 18, of Ross Street, Batavia
A 17-year-old of Park Avenue, Batavia
John S. Horvatits, 20, of Hemlock Road, Eden
Andrew J. Usyk, 19, of Conger Road, Collins
Jason E. Ring, 20, of Dutch Hill Road, West Valley
Jordan E. Pringle, 20, of Great Northern Avenue, Mizzoula, Minn.
Katherine A. Scalia, 20, of Penhurst Street, Rochester
Michael S. Onuffer, 20, of Skelly Road, Caledonia
Spencer D. Feenstra, 19, of North Street, Caledonia
Kyle B. Early, 20, of Mason Road, Fairport
Michael P. Matroniani, 19, of Kilkenny Court, Fairport
Thomas E. Munzert, 19 of Mason Road, Fairport
Andrew J. Stack, 20, of Lambeth Loop, Fairport
Tyler S. Norris, 19, of Valley Brook Drive, Fairport
Malia M. Velez, 18, of Hart Street, Hornell
Andrew J. Karlsons, 19, of Graney Road, Caledonia

Batavia PD looking for tan SUV involved in accident

By Howard B. Owens

Batavia Police are looking for a tan Jeep Cherokee that probably has extensive front-end damage.

The SUV was reportedly involved in a hit-and-run accident on Richmond Avenue near VanDetta Stadium at 2:15 a.m.

One person was injured in the accident. The 41-year-old victim has not been identified by police. The woman was sleeping in the vehicle, which was legally parked. She had attended an earlier event at the stadium sponsored by the American Cancer Society.

Anyone with information is asked to call BPD at 585-345-6350.

KISS concert: Four arrests, no underage drinking citations

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff's Office at the KISS concert at the Darien Lakes Performing Arts Center.

Joseph A. Bishop Jr., 35, of West State Road, Olean, is charged with criminal trespass. He is accused of allegedly entering the backstage area of the concert venue without permission. He was jailed on $300 bail.

Steven P. Hare, 36, of S. Main Street, Warsaw is charged with petit larceny. He is accused of stealing a Red Bull table at the concert venue.

A 16-year-old of Erb Street, Buffalo is charged with petit larceny after stealing ice cream Dip ‘n' Dots from a food stand inside the amusement park.

Katie L. Kieliszek, 22, of Quaker Lake Terrace, Orchard Park, is charged with harassment, 2nd. She is accused of striking another person in the face.

There were no citations issued for underage drinking.

Doing the math: Rochester Community Baseball may profit from sale of Muckdogs

By WBTA News

While baseball fans in Batavia stand a chance to lose in the potential sale of the Muckdogs, Rochester Community Baseball may just come out a winner.

It was nearly two-and-a-half years ago that RCB stepped in and saved the Batavia Muckdogs franchise from folding. RCB, which also owns the Rochester Red Wings, offered to pay off the Batavia team's debts -- roughly $140,000 -- and also operate the team on a day-to-day basis.

Naturally, that offer that was gladly taken up by the City of Batavia and the Genesee County Baseball Club.

Soon after inheriting operations, the Muckdogs poured $87,000 into repairing the field at Dwyer Stadium, which had seen plenty of abuse from both high school baseball games and youth football matches in the outfield grass.

In the first year, RCB would lose about a quarter of a million dollars. In 2009, RCB took another hit -- in the neighborhood of $120,000. That's a rough total of $370,000 that RCB willingly ate in just two years.

Though numbers for this year obviously aren't yet final, early estimates say another $120,000 deficit is within reason, taking into account inflation and the economy. All told, that would be about $500,000 in losses taken by RCB to operate the team over the past three years.

However -- and this is where things get interesting -- one contract stipulation in the original deal is often glossed over: each year RCB operated the Muckdogs, they were to acquire 5 percent ownership of the franchise, with a 10-year cap on that deal (RCB could not own more than 50 percent of the team). After this third year of operation, RCB will own 15 percent of the Muckdogs franchise.

If they drop the day-to-day operations, as is "likely" according to today's news release, they cannot gain any further ownership in the team. Thus, if the team is sold following this season, RCB will receive 15 percent of the sale price.

Since teams in the NY-Penn League are not sold at a rapid rate, the general value of a ballclub is estimated by the league's most recent sale.

In 2008, the Oneonta Tigers were sold for about $6 million (they were moved out of their hometown this winter, and became the Connecticut Tigers this summer). Though terms of that sale were never officially released, $6 million is the accepted figure whispered among the league, as reported by GCBC Board Member and NY-Penn League expert Wayne Fuller.

Thus, the sale value of the Batavia Muckdogs and every other team in the league is $6 million.

That, of course, does not mean the team will be sold for that much; however, it is in the best interest of the NY-Penn League and Major League Baseball that the team not sell for much less than that. When one team sells for less than $6 million, every team in the league will likewise depreciate in value.

If the team does in fact sell for $6 million, RCB will receive 15 percent -- roughly $900,000. With a $500,000 operating loss, that factors out to a $400,000 profit. Even if the Muckdogs were to sell for $4 million, 15 percent of that is still $600,000 -- an overall $100,000 gain for RCB.

Attorney for the GCBC, Tom Williams, says he doesn't believe RCB brokered the deal with the plan to turn a profit by selling the team.

"I think they made a good-faith effort to make (the team) profitable," says Williams, "and then they just decided that they don't want to continue on. But I think they did it with the best of intentions, and they have been very honorable all the way through."

WBTA's Wayne Fuller, a member of the GCBC Board of Directors, says that in 2007, when the Muckdogs were also in trouble, the GCBC was told that the NY-Penn League could take over the franchise if the club failed to generate sufficient finances.

The same is a possibility here -- if the GCBC and RCB fail to generate enough money to run the club, and no buyer is found, the league does have the ability to absord the franchise -- which would leave the GCBC and RCB without any money. So it's in the best interest of both clubs to sell or continue operating the team.

Williams isn't yet worried about the possibility of losing the Muckdogs to the league.

"I think that we would find something to do before that happened," he says. "We expect that we're going to get some interest in the team. If it's just flat and there's absolutely no interest, then I think we're going to have to look that and decide what we're going to do.

"But I really don't think that's going to happen...I don't think we'll have that problem."

Car fire on Thruway near Le Roy

By WBTA News

A car fire is reported on the New York State Thruway near Le Roy.

The blaze is located near mile marker 382 in the westbound lane. Le Roy Fire and Le Roy Ambulance have both been dispatched to the scene.

UPDATE: Continued coverage of Muckdogs' search for buyer

By WBTA News

CLICK HERE for WBTA's full in-depth report today

...(Genesee County Baseball Club President) Brian Paris says he's particularly searching for someone not connected with this area and unaware of the situation, to recognize the ballclub's worth, both financial and sentimental.

He says that sponsor could easily work a re-naming deal for the stadium as a trade for their funding. At the least, he dreams of a large corporate sponsorship that would guarantee RCB sticks around for team operations.

But that's no guarantee. And sale of the team is a very real possibility.

Tom Williams is the attorney for the GCBC and will deal with the sale. He's not yet sure what kind of a price a minor league professional baseball club could go for these days.

"($6 million is) the kind of number that I've heard," he says. "I think (speculators) might be basing those numbers on what another team sold for recently" -- the Oneonta Tigers were sold for about $6 million just two years ago (according to WBTA's Wayne Fuller), and moved to Connecticut this past winter -- "but obviously...something's worth whatever somebody pays for it. We'll have to wait and see."

There is a chance that if the team does not sell, Major League Baseball would re-absorb it and remove it from the ownership of both GCBC and RCB -- and the clubs would potentially come away with no monetary compensation from a sale, which could net as much as $6 million. Williams isn't concerned about that just yet.

"I think that we would find something to do before that happened," says Williams. "We expect that we're going to get some interest in the team. If it's just flat and there's absolutely no interest, then I think we'll have to look at that, and decide what to do.

"But I really don't think that will happen. I think there will definitely be some interest."

WBTA's own Wayne Fuller, Voice of the Muckdogs for years, member of the GCBC Board of Directors -- and generally considered Batavia’s Mr. Baseball -- is somewhat saddened by the news.

"This is something that I've known for a couple of months now," says Wayne. "The board of directors, including myself, voted (in May) in favor of soliciting offers for the purchase of the franchise. We did not vote to sell the team; only to solicit offers."

Whatever may happen, today's announcement is one that many Batavians knew was coming, but didn't want to believe. Regardless, it is now a reality that the team may leave town -- and the collective air in the lungs of the Batavia community has, at least partially, been let out.

Paris says this is not the time for that. If there were ever a time to get out and support your hometown baseball team, it's now - more than ever.

"I absolutely believe that this team could stay in Batavia," declares Paris. "I believe Batavians don't give up. I believe that we will get people to come out and say 'No, we don't want (the Muckdogs) to leave, we want them to stay. We're going to show you we don't want them to leave by coming out in numbers.'

"Furthermore, should the team be sold: nobody's going to leave it in Batavia if there isn't support. So now is not the time to remove support. Now is the time to step up and support (the Muckdogs), regardless of the outcome."

Batavia man pleads guilty in federal court to child pornography charge

By Howard B. Owens

A 33-year-old Batavia man pled guilty today in U.S. District Court to a felony charge of receiving child pornography.

Samuel W. Nigro faces a prison sentence of five to 20 years and a fine of up to $250,000.

The case was prosecuted in a Buffalo federal court by Assistant U.S. Attorney Aaron J. Mango. Mango said Nigro received images and videos of child pornography using various internet sites on or about Dec. 9, 2008.

A search warrant was executed on Nigro's Batavia residence on Dec. 9, 2009. Mango said a forensic analysis of Nigro's computer revealed a total of 5,239 images and 113 videos of child pornography.

Sentencing is scheduled for 1 p.m., Nov. 16 in Buffalo.

Renowned Batavia surgeon weighs in on health care -- part 2

By Daniel Crofts

This entry concludes Sunday's article on the comments of Victor DeSa, M.D., who spoke to senior citizens at Batavia's First United Methodist Church last week.

Please remember, this is a summary of DeSa's presentation and does not necessarily reflect the views of The Batavian:

Medicare, Medicaid and senior services

By requiring insurance companies to expand coverage, the new health care law will drive costs up, according to DeSa. The government has told consumers that these costs will be offset by subsidies for people making less than $80,000 per year.

These subsidies will be coming, in part, from a $500 billion cut from Medicare -- and that's where senior citizens and others eligible for Medicare should be concerned.

But this is not the only problem. Both Medicare and Medicaid, which DeSa called "the original two public options," have met with disaster. Medicaid has already failed, and Medicare is on the brink of failure.

"The government has no idea how to handle the rising costs. Their idea of handling the costs is to take a machete to (the programs) and cut."

The result is the "doctor fix," a 21-percent cut in doctors' reimbursements. This could be disastrous in a system where the cost of providing services is already greater than what the doctors receive in compensation.

For that reason, many doctors no longer accept Medicare. The Mayo Clinic in Arizona has already determined that because of the new health care legislation, it will no longer deal with the program.

"So Medicare patients are going to have fewer and fewer choices of who is going to take care of them."

With fewer doctors available, waiting periods will increase. So the direction Medicare is taking presents seniors with a double disadvantage.

The government "carved the 21-percent doctor fix out of the bill" in order to avoid upsetting America's seniors, but that doesn't mean they've addressed the cost. They are simply pushing it to the side and will have to deal with it later.

"Six months down the road, they have to still come up with a fix for this 21-percent cut that they are going to make on Medicare payments to the doctors."

So that's the story with Medicare and Medicaid. As far as insurance for retired citizens goes, people who worked in the public sector should be okay (although DeSa said it's not impossible that this could change, because "anything is possible" with what the government is doing), but people in the private sector should be concerned.

What to do?

When asked how we can change the course we've taken, DeSa answered: "We've got to kick out the guys who did this."

He appealed to the power of senior citizens -- which he became two years ago -- who are "feared in Washington because we vote."

Many seniors were suspicious when the government said that $500 billion had to be cut from Medicare to cover health care.

"If they really addressed costs the way we asked them to do, a person making $40,000 a year be able should be able to afford health care coverage without subsidies, don't you think?"

Failure to address the problem of cost in the current system was one of DeSa's main critiques of the health care bill. He said that in looking for alternative plans, we need to look for one that does address them.

Counting the costs 

There are three main factors driving health care costs:

1) Overuse

Back in the old days, when there was usually only one doctor in town and he had to go to patients' homes to treat them, people only went to the doctor when there was something really wrong.

Now, with easy access to medical examination and treatment, people will go to the doctor -- and even to the emergency room -- whenever they have a minor health concern.

"We have to change that if we want to truly address the cost of health care."

But it's not just patients -- doctors sometimes overuse the system, too.

"I hate to admit it, but there's greed in every profession. There are bad apples in every bunch, and you've got to admit it."

2) The fact that people have insurance in the first place

Strange as this may sound, this can be a problem.

"Insurance is like a credit card, but you don't have to pay every month. So there's no incentive for you to be prudent with the costs. You don't even want to know what the cost is, you just want the health care."

DeSa believes that while insurance cannot be eliminated altogether, people should reduce their dependence on it. For health purposes, they should only turn to insurance in times of emergency.

Generally speaking, the way people take care of this part of the cost is by having "skin in the game."

"If you shop around for a car or a house, why shouldn't you be able to shop around for a doctor? Especially in this day and age, with the Internet and everything."

3) Liability

"Everything from a Band-Aid to a heart valve has a mark-up depending on the risk."

In other words, the more dangerous the a product or its failure can be -- and, therefore, the greater the likelihood of a lawsuit -- the more expensive the product.

Because the liability cost is factored into the price of the product itself, "the little guy gets it in the neck every time."

DeSa fully supports the patient's right to sue when a doctor has done something wrong or is incompetent, but he also believes that the whole liability issue should be looked at when considering the cost.

Government out, skin in (the game)

Costs are going down for procedures that are not covered by insurance (Lasik surgery is one example). The reason?

Competition.

"Costs come down if there are market forces in place."

DeSa saw this in his native India, which had a socialized health care system until the early 1990s.

When he was studying at Jabalpur University in the mid '60s, the Indian government had total control of health care and sent all competing forces out of the country.

The effect of this was what DeSa called a "brain drain."

"The best and the brightest (doctors) were all leaving the country."

He sees the same thing happening here in Western New York, where there is a serious shortage of doctors.

"Over 80 percent (of young doctors surveyed at Western New York teaching institutes) say they'll train here, but they're not going to stay in New York to work. We are known as one of the most heavily taxed and over-regulated states in the country."

Our response to this situation should mirror the response taken in India back in 1990. At that time, India began to default on its World Bank loans. Finance Minister Monmohan Singh -- who is now India's Head of State -- saw that the system was not working and started the country on a different path.

"He got rid of the government, encouraged entrepreneurship and lowered taxes."

Above all, the patient must take responsibility and be in control of his/her own health care. It can't fall to the federal government to make important decisions regarding people's health care, no matter how well-intentioned they might be.

Déjá vu

In addition to drawing from the experience of his native country, DeSa also discussed two other examples of what he sees as a health care system set up for failure.

The U.S. government's new health care model is based on the Massachusetts health care model, which DeSa called "an abject failure." He cited problems related to his comments about young, healthy citizens abusing health insurance.

"Just Google 'Massachusetts Health Law -- success or failure?'"

Socialized health care has proven disastrously ineffective in Britain as well.

"Just this month, Britain recognized that its system is a failure and said they are going to change the whole thing."

Part of that change will be a shift in power from bureaucrats -- of which there are 1.5 million overseeing the United Kingdom's National Health System -- to the doctors. As good as this sounds, DeSa fears it may be too late for it to work.

"The doctors (in the UK) have no business experience. Up to this point, the government has been taking care of everything."

His concern is that U.S. doctors will share a similar fate. As his presentation drew to a close, he told everyone that under the government's new plan, there will be over 120 new bureaucracies controlling health care.

DeSa admitted right at the start of his presentation that he had a bias as a health professional. He encouraged everyone to do their own research and decide for themselves whether or not the new health care reforms are to be welcomed or feared.

For sale sign hung on Batavia Muckdogs franchise

By Howard B. Owens

UPDATED 11:59 a.m.

With recent reports that the Rochester Red Wings are not likely to operate the Batavia Muckdogs for a fourth, reportedly money-losing season, the local owners of the storied franchise announced today they are seeking a buyer for the ball club.

Presumably, the owners, Genesee County Baseball Club, will seek an owner willing to keep the team in Batavia, though that's not yet confirmed.

Club President Brian Paris said ideally, the Genesee County Baseball Club will be able to find a buyer willing to keep the team in Batavia.

"Obviously, that's our first preference," Paris said.

But he's also hopeful that just like the miracle of the Red Wings rescuing the team at the last minute three years ago, perhaps another miracle will keep the team in GCBC hands.  What the club needs, he said, is three or four deep-pocket Western New York companies to step forward with sponsorships of $25,000 to $50,000 each.

It happens in other small markets, he said.

"That's a very realistic thought because other teams have those kinds of sponsorships," he said.

Paris said he doesn't blame the community.

"The tragic portion of this, is that we are on brink of losing the team and I think I’ve tried to be very frank with people and the media that this is what could happen if we don’t have a greater amount of support in ticket sales and sponsorship," Paris said. "I love Batavia and this is something we're just going to have to work through one way or another."

One of the team's most valuable assets is its name, Batavia Muckdogs. Little League teams across the nation have licensed the logo and name. It the team moves, it will no longer be the Batavia Muckdogs.

Paris said it's too soon to talk about scenarios involving no buyer being found, or a buyer being found and the team being moved to another city.

"I hate to be Pollyanna, a small town tree hugger, but something good is going to come of this," Paris said. "It’s going to work out. We just don’t know what it is yet."

Full press release after the jump:

BATAVIA, NY—The Genesee County Baseball Club, the not-for-profit organization that owns the Batavia Muckdogs of the New York-Pennsylvania Baseball League, announced today that it is soliciting offers from potential buyers of the team.

For the past three years, Rochester Community Baseball, owner of the Rochester Red Wings, has operated the Muckdogs under an agreement with the GCBC. The Red Wings have informed the GCBC that it is unlikely that the relationship will continue for a fourth year.

“We thank the Red Wings for these last three years, which included the memorable 2008 championship season,” Paris said. “They have indicated that they are probably going to move on, and we respect their decision.”

Paris said that the GCBC will give “strong preference” to potential buyers who pledge to keep the team in Batavia.

“Batavia has had a team in this league since 1939,” said Paris, “and we are very hopeful that we can find a buyer who appreciates the rich history, family atmosphere, great ballpark, and wonderful community spirit of Batavia.”

The NYP League, then called the PONY League, was founded in 1939 at a meeting at the Hotel Richmond in downtown Batavia. Batavia and Jamestown are the only two original PONY League cities that are still in the league.

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