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Bill to reopen parks passed, Hawley voted no because it 'increases taxes on businesses'

By Billie Owens

Assemblyman Steve Hawley announced last week that the Downstate Assembly Majority "under the cover of darkness at 3 a.m." introduced legislation to reopen state parks and historic sites which were closed due to budget constraints.

In a press release, Hawley said he could not vote in favor of the bill, however, "due to its proposed $14.9 million tax increase on businesses and manufacturers, an $800,000 additional cost to Kodak, and the sweeping of the Environmental Protection Fund to the General Fund, instead of making the necessary cuts in state spending."

He says the bill will also be harmful to the agricultural industry since it will reduce funding for farmland protection and soil and water conservation.

"I have advocated for the reopening of state parks throughout the budget process, but this legislation and its increased burden on employers will only discourage job creation, while also setting a precedent for Albany to sweep state funds to close budget gaps,” Hawley said.

Farm bureau urges rural residents to fight proposed restrictions on outdoor wood boilers

By Billie Owens

Here's a press release from the New York Farm Bureau:

The New York Farm Bureau today announced a fight-back campaign against proposed Department of Environmental Conservation regulations that aim to restrict the use of outdoor wood boilers in rural New York.

"This is another attempt by Albany bureaucrats to single out the rural residents of New York," said Dean Norton, president of New York Farm Bureau. "DEC's decision on restricting the use of outdoor wood boilers will literally impact thousands of farmers and rural landowners across the state."

"Rural New Yorkers have been heating their homes with wood since the first Dutch settlers came up the Hudson," Norton said. "We all know it gets extremely cold in New York and DEC's actions will just drive residents back to using costly oil heat -- leaving a much cleaner renewable resource unused."

The Farm Bureau will rally its 30,000 members to fight these proposed regulations and will be lobbying furiously in the halls of Albany.

Thousands of owners of outdoor wood boilers will be forced to retrofit costly smokestacks to meet new DEC height requirements, limit the use of their units for almost half of the year and ultimately prohibit the use of any outdoor wood boiler that does not meet new, strict DEC emissions requirements.

The proposed regulations will have significant financial implications for farm and rural homeowners that heat their houses, barns and greenhouses.

"DEC's proposal is an overly broad plan to address the relatively few complaints that they have received about air-quality impacts from outdoor wood boilers," said Jeff Williams, Farm Bureau's deputy director of Public Policy. "This regulation punishes thousands of honest people that own outdoor wood boilers, use their own wood from their property and operate their units responsibly."

New York State residents will be required to retrofit their current units and then take their outdoor wood boilers out of service before the end of the unit's useful life and lose a major investment that can cost upwards of $10,000.

The owners can make the decision to purchase either a new, more expensive, outdoor wood boiler or return to non-renewable, petroleum-based fuels or natural gas.

"It must be pointed out that DEC does not provide any financial reimbursement or incentives for the retrofitting of smokestacks or the purchase of a new, compliant outdoor wood boiler," Williams said. "It is like the government telling you that you have to switch out your farm truck for a hybrid-electric car, but you have to pay for it yourself. It doesn't make sense."

DEC is holding a series of public information sessions/hearings around the state this month on the proposal. Farmers and rural residents are encouraged to go to <www.nyfb.org> for the hearing schedule, talking points and to send an e-lobby letter opposing the regulations to DEC and your state legislators.

Written comments will also be accepted by DEC until July 2.

Police Beat: Camping in a cornfield leads to trespassing and mischief charges

By Howard B. Owens

Lee Earl Galton, 31, of East Main Street, Angelica, is charged with criminal mischief and trespass. Galton is accused of allowing a vehicle to be driven onto a farmer's cornfield, then setting up camp on the field and burning a wood campfire while camping overnight on the recently planted field, all without permission of the landowner. The field is in the area of 9666 Route 77, Darien. Also arrested and charged in the alleged incident was Bethanne Marie Brown, 27, of Angelica.

Michael John Johnson, 19, of Sprucewood Road, Cheektowaga, is charged with assault, 3rd. Johnson is accused of using Super Glue on a person who was sleeping. He is accused of trying to glue one of the person's eyes and ears shut. Johnson was jailed on $500 bail.

Joseph M. Miano, 20, of Akron Road, Corfu; Joseph N. Striegel, 19, of Main Road, Pembroke, as well as a two 17-year-olds from Pratt Road, Batavia, are charged with unlawful possession of alcohol by a person under 21. At 2:49 a.m., Tuesday, Deputy Jason Saile was dispatched to the TA Travel Center where a group of people were reportedly causing a disturbance. Striegel was also charged with petit larceny for allegedly stealing a laser pointer.

Sandra Lynn Pearce, 51, of Genesee Street, Corfu, is charged with disorderly conduct. Pearce is accused of interfering with a police investigation of a reported disturbance at an address on Genesee Street.

Robert Gehron McCarthy, 52, of Belvadere Lane, Batavia, is charged with harassment.  McCarthy is accused of getting into a fight with another person while at the dog show in Alexander Fireman's Recreation Hall.

Johanna Marie McCarthy, 60, of Belvadere Lane, Batavia, is charged with harassment. McCarthy is accused of getting into a fight with another person while at the dog show in Alexander Fireman's Recreation Hall.

James Ross Sweet, 49, of Shady Lane, Batavia, is charged with disorderly conduct. Sweet was taken into custody at 2:59 a.m., Monday, after the Sheriff's Office was called to the Country Meadows Trailer Park on three separate occasions within an hour's span. Sweet was reportedly playing his music too loud, honking a car horn more than 10 times and using profane language. Sweet was jailed on $250 bail.

A 17-year-old from Depew is accused by Batavia City Police of providing a false identification to a police officer on May 19, even after being warned that it was a crime to provide a false identity. Her true identity was later learned by police and she was located on Monday and arrested. She was jailed on $1,000 bail.

Kevin J. O'Connell, 29, of 433 E. Main St., Apt. 8, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. O'Connell was charged following a domestic incident in which he allegedly hit another person and the child was knocked down.

Judson James Adamski, 42, of 142 Pamona Drive, Rochester, is charged with disorderly conduct. Adamski is accused of walking into a Subway restaurant in Pembroke at 9:02 p.m., Monday and yelling profanities.

Michael Cameron Humphrey, 19, of East Bethany Road, Le Roy, is charged with unlawful dealing with a child and criminal nuisance, 2nd. Humphrey is accused of hosting an underage drinking party. The alleged party was discovered while the Sheriff's Office investigated a 9-1-1 hang up call.

Cheryl A. Wittman, 40, of Bergen, is charged with acting in a manner injurious to a child under 17. Wittman was arrested by State Police following an alleged incident reported at 3:16 p.m., Saturday. No further details were released.

Matthew L. Hume, 19, of Silver Creek, and Joshua Fisher, 24, of Warsaw, are charged with unlawful possession of marijuana. Hume and Fisher were cited by State Police at 12:10 p.m., Wednesday, on Route 19 in Le Roy.

Eric J. Chaffee, 28, of Akron, is charged with DWI, driving with a BAC. of .08 or greater with two priors and unsafe turn. Chaffee was stopped at 11:46 a.m., Wednesday, by State Police on Akron Road in Pembroke.

Accidents reported in the State Police blotter:

9 p.m., Friday, Gillate Road, Alexander, one vehicle; Driver 1: Gary R. Ewert, 58, of Corfu. No injuries reported.

10:18 a.m., Thursday, West Main Street Road, Batavia, two vehicles; Driver 1: Michelle L Konieczny, 41, of Batavia; Driver 1: left the scene. No injuries reported.

4:11 p.m., Thursday, Home Depot parking lot, Batavia, two vehicles; Driver 1: Walter C. Purtell, 73, of Retsof; Driver 1: Lawrence P. Steen, 83, of Le Roy. No injuries reported.

Photos: Batavia Memorial Day Parade

By Howard B. Owens

There was a nice turn out on a bright sunny day for Batavia's Memorial Day Parade.

More pictures after the jump:

 

 

 

Residential fire reported on Batavia-Elba Townline Road

By Howard B. Owens

A residential fire has been reported 5050 Batavia-Elba Townline Road, Batavia.

Batavia Fire and multiple other fire departments are being dispatched to the scene and for standby.

UPDATE 8:58 p.m.: Some fire units breaking down. The porta-pond is being broken down.

UPDATE 9:44 p.m.: Fire out. Town of Batavia Fire picking up.


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Truck and car accident reported on Thruway in Le Roy

By Howard B. Owens

A tractor trailer vs. car accident has been reported in the area of mile marker 378.5 on the Thruway.

Le Roy Fire and Ambulance are being dispatched.

UPDATE 7:50 p.m.: The fuel tanks on the truck are leaking, and are full. No word on injuries.

Photos: Memorial Day in Alexander

By Howard B. Owens

These photos of the Alexander Memorial Day observance were submitted by Pamela Dayton and Rick Franclemont. Top photo by Pamela, second by Rick and the ones after the jump by Pamela.

ATV accident reported on Maltby Road, Oakfield

By Howard B. Owens

An ATV rider in the area of Malby Road, east of Fisher Road, reportedly suffered facial and rib injuries in an accident.

He also lost consciousness, but is awake and alert now.

Oakfield Fire and Mercy EMS are responding.

UPDATE 7:05 p.m.: No need for Mercy Flight.


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War veterans recognized in ceremony at Jerome Center

By Howard B. Owens

With new construction at UMMC, local veterans must raise funds for the displaced War Veterans Memorial that sat for decades outside the main entrance to the hospital.

Today, local veterans gathered at the Jerome Center on Bank Street to honor America's war dead and kick off the fund raising efforts for the new memorial.

More pictures after the jump

Friday Night in the Square concerts begin June 18

By Billie Owens

The 13th annual "Friday Night in the Square" concert series begins June 18 and ends Aug. 27.

The free, public concerts take place from 7 to 9 p.m. in Jackson Square in Downtown Batavia, located in the alleyway of Jackson or Center streets. Bring your own seating. Food and refreshments will be available for sale. If it's raining, venue changes to Batavia City Centre, inside the mall.

"Friday Night in the Square" is sponsored by the Downtown Business Improvement District. For information on this or any other downtown event, contact BID Director Don Burkel. Visit on the web at <www.downtownbataviany.com>.

Here's the lineup folks:

  • June 18 -- The Bedrock Boys (polka)
  • June 25 -- Jack Civietto (Sinatra)
  • July 2 -- Ramblers (variety)
  • July 9 -- Ghost Riders (country)
  • July 16 -- Bluesway Jam (blues)
  • July 23 -- Red Creek (rock)
  • July 30 -- Stone Row (Celtic rock)
  • Aug. 6 -- OHMS Band (rock)
  • Aug. 13 -- The Formula (Italian)
  • Aug. 20 -- Phoenix (country)
  • Aug. 27 -- John Cole Blues Band (blues)

Report of smoke on Elm Street in Le Roy

By Howard B. Owens

A caller reports seeing smoke in the area of Elm Street in the Village of Le Roy.

Le Roy Fire is being dispatched to investigate.

A chief on scene reports it's a small controlled burn that's spreading into some brush.

UPDATE 4:11 p.m.: Fire's out. Crew picking up hoses.


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Police Beat: Brockport man accused of threatening City Court workers

By Howard B. Owens

Keith J. Lyman, 37, of 47 Clark St., Brockport, is charged with harassment, 2nd. Lyman is accused of contacting a City Court employee by telephone and threatening that person. He was jailed on $5,000 bail.

Keith Joseph Lyman, 37, of 41 High St., Brockport, is charged with harassment, 2nd.  Lyman is accused of kicking a corrections officer while being booked on another charge.

Duffy Starks, 17, of 20 N. Spruce St., Batavia, was arrested for alleged failure to comply with the conditions of his release on a previous harassment and unlawful imprisonment charges. Starks was jailed on $10,000 bail.

Nicole M. Dellapenna, 23, of 6120 Byron-Elba Road, Byron, is charged with disorderly conduct. Dellapenna is accused of repeatedly yelling obscenities outside Billy Goat's bar on West Main Street. She was arrested at 12:48 a.m., Sunday.

LaToya D. Jackson, 24, of 4036 W. Main St., Batavia, is charged with disorderly conduct. Jackson is accused of yelling obscenities while on State Street. She was arrested at 9:50 p.m., Friday.

Kelly A. Sparks, 27, of 235 Orland Road, Rochester, is charged with DWI and refusal to take breath test. Sparks was stopped at 2:45 a.m., Monday, by Le Roy PD Officer Robert Tygart for alleged failure to give half of the roadway and alleged failure to stop for a stop sign.

Michael J. Tobias, 19, of 131 State St., Batavia, is charged with petit larceny. Tobias is accused of shoplifting at Tops Market.

Markeda D. Starks, 19, of 5 Wood St., Batavia, is charged with criminal contempt. Starks is accused of approaching a person whom she was ordered to stay away from.

Jonathan Chad Sisk, 37, of Chili-Riga Center Road, Churchville, is accused of petit larceny. Sisk is accused of taking a BB gun from Walmart without paying for it.

A 16-year-old Batavia boy is charged with trespass. The youth is accused of entering a building on West Main Road, Town of Batavia, without permission of the owner.

Jose Juan Santiago Burgos, 21, of Telephone Road, Le Roy, is charged with criminal mischief. Santiago Burgos is accused of breaking the window of a tractor on Bethany Center Road.

Carly A. Herzog, 29, of 25 Morven Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and having a suspended registration. Herzog was stopped at 3:14 a.m., Saturday, on Church Street in Le Roy by Sgt. Michael J. Hare.

Memorial Day

By Bea McManis

Please take a moment out of your busy day to remember those who gave their lives for the freedoms we enjoy.  Remember not only those who fought and died in combat, but those who returned home and are now gone.

It is bittersweet to walk through the cemetery and see the brass markers telling us what branch and time of service .  One can imagine them gathering, row after row, near where my dad is buried.  Each year more join the ranks of WW2 veterans who are now at parade rest.  God bless them all.

Abandoned Conrail railroad trail

By C D

Over the last several months, I've been spending some of my free time exploring Batavia. Not just walking along the side of the road, but finding trails and paths that are relatively untraveled and unknown for the most part. As of late, my exploring and roots in technology have lead me to the OpenStreetMap (OSM) project.

My latest cellphone features a built-in GPS radio and a 5MP camera. Earlier today (yesterday), I went out and mapped part of an abandoned railroad track that was previously owned by Conrail for the OSM project. The tracks were removed long ago and if it weren't for still being listed as part of the Conrail railroad on several mapping services, there would be no way to know otherwise. Eventually, the trail intersects with the Conrail tracks that are still presently used (the tracks that go under part of Rt. 5, intersect with Seven Springs Road/Rt. 63, etc).

While I was out, I took (geotagged) pictures. I've chucked them all into a Picasa album ingeniously labeled "Batavia". Do keep in mind that this isn't the first time I've been out to this location. Most of the pictures in the album were taken in the same general area and the geotags will reflect this. When looking at an album/picture, Picasa shows a terrain view map in the bottom-right corner of the page with a mark point showing the GPS location(s) of the picture(s) being looked at. 

Some of the better pictures are shown after the jump.

Photos: City responds to grass fires near Dewitt Park lake

By Howard B. Owens

Multiple grass fires were reported late this afternoon in the wooded area between the lake at Dewitt Park and Western New York Concrete, 638 E. Main St., Batavia.

The fires were spotted nearly simultaneously by a passerby and a State Trooper.

Town of Batavia Supervisor Greg Post was called to the scene by the passerby and Post said he counted at least 12 separate hot spots.

Officials suspect the fires were set intentionally. 

There was also a series of small fires near the railroad tracks in the area of Buell Street and Webster Avenue yesterday afternoon, which may also have been intentionally set.

The initial call for today's fire came in around 5:35 p.m. The largest of the first was contained some time after 6 p.m.

Three companies of city firefighters and Town of Batavia Fire were called to the scene.

(The Batavian's Initial Report)

More pictures after the jump:

Car on fire in field off Judge Road, Alabama

By Howard B. Owens

A car is reportedly on fire in a field, well off the road, near Judge Road in Alabama.

A dispatcher reports, "nobody is around," and adds, "It appears to be a File 1." (anybody know what that means?)

Alabama Fire is responding.

UPDATE 7:41 p.m.: A chief in the area reports, "Nothing showing." Alabama vounteers are checking the area.

UPDATE 7:49 p.m.: The car has been located off Klossen Road.


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Grass fire reported off East Main Street, Batavia

By Howard B. Owens

A large grass fire has been reported behind Western New York Concrete at 638 E. Main St., Batavia.

A State Trooper on scene says there are several small grass fires. "It was definitely started by somebody," he said.

City fire is responding, as well as city police.

UPDATE: 5:45 p.m. (Billie): The Second Platoon is handling the fire now. The First and Third platoons are requested to stand in at the main fire hall. It is reported that fire has spread eastward, nearing the sand wash.

UPDATE 5:53 p.m. (Billie): Now declaring a general alarm fire. Requesting a Town of Batavia grass/brush fire truck to the scene.

UPDATE 6:03 p.m. (Howard): The fire is now along the back of DeWitt Park. Flames are up to five-feet high. It is reported that at least 12 different fires were most likely intentionally set.

UPDATE 6:06 p.m. (Billie): Fire crews from the Town of Batavia are asked to stand-by at the town's fire headquarters.

UPDATE 6:55 p.m. (Howard): Left the fire scene about 6:30. Fire crews were checking for hot spots. Pictures to come in a separate post shortly.


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Photo: Birds at the bath

By Howard B. Owens

Yesterday, we bought a birdbath at Pudgie's, and it's already a big hit with the neighborhood birds. I think the one on the right is saying, "Hey, quit hogging up the bath! Can't you see there are others waiting?"

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