Here are some of my problems with the new stipulations in the Cap and Tax bill.

1. The Retrofit for Energy and Environmental Performance (REEP) plan.  It makes you retrofit your house with energy efficient items before you can sell it such as a sun light reflecting roof.  There will also be air quality testing and infrared readings of your home that will need to be conducted.

2.  If you have an income up to 150% of the poverty line you are going to get a monthly check from the government to offset the costs associated with the bill.

3.  If Medicare and Social Security funds are hurt by the bill they can tap into the general fund.

4.  Numbers 2 and 3 tell me they know that this is a job killing bill and that prices of almost everything are going to increase.

5.  Not one person knows completely what is in this 1500 page monstrosity.

6.  Carbon Dioxide is plant food.

7.  We sit on several mountains of coal (literally) in this country.  It is our most abundant form of energy and we are going to kill it for the myth of global warming.  Since 2002 temperatures have been falling because the sun has been in a state of quiessence.

8.  The new CO2 tax opens the door to tax you for having a child and putting another CO2 producer on the planet.

9. The earth has been warmer than this before.  The warmer it gets the better it is for farming and therefore easier to "stamp out hunger".

A vehicle driven by a Darien man reportedly failed to yield the right-of-way while making a left turn on Route 20 yesterday afternoon causing a two-car crash.

Duane D. Leo, 70, who was reportedly driving a 1999 Plymouth SUV, allegedly made the turn and was hit by a 1996 Jeep driven by Justin W. Loomis, 24.

Leo lives at 1331 Herkimer Road, Darian and Loomis is from 8934 Luckenbach Hill, Springwater.

Leo was transported to UMMC with a minor head injury.

The accident occurred at 1919 Broadway. We origionally reported this as an accident involving a tractor trailer.  No tractor trailer is mentioned in Deputy K.R. McCathy's report, so the original report must have been in error in that regard.

Two cars  hit head-on on Route 5 near Kenny Road in Le Roy on Tuesday about 8 p.m.

Both drivers were transported to Strong Memorial Hospital with minor injuries.

Deputy M. R. Butler investigated the crash and reported that Paul D. Bennett, of 15 Myrtle St., Le Roy, was attempting to make a left-hand turn into the Kwik-Fill station when she spotted a vehicle in the oncoming lane. She reportedly attempted to swerve back into her own lane but didn't make it.

The other driver  was George J. Vagg, of 10321 Creek Road, Pavilion.

Bennett was driving a 2007 Nissan sedan and Vagg was behind the wheel of a 2001 Chevy SUV.

Vagg, 76, reportedly suffered minor cuts to his face. Bennett reportedly complained of abdominal pain.

It didn't take Dennis M. Abrams long on the morning of June 18 to figure out he apparently had made a huge mistake.

Within 30 minutes of leaving the M&T Bank in Elba with one of his buddies holding a bag full of more than $20,000 in cash allegedly taken at gunpoint, Abrams was lying in the brush along Lewiston Road sending a text message to his wife, Bianca.

"I messed up," was the simple message, according to Abrams' written confession.

"She called me because she did not know what I was talking about," he wrote. "I told her I could not talk because the police were close. I told her we had robbed a bank and that it had gone wrong. I then hung up because the police were close."

A few minutes later, Abrams was taken into custody.

His confession closes, "I would like to state that I made a mistake and that I am sorry for ever making this type of decision."

Abrams reportedly said he "messed up," but it wasn't like he wasn't warned.

According to the statement of one of his alleged accomplices, Demone Dillon, Dillon told Abrams and co-suspect Michael Wells that robbing a bank wasn't smart.

Dillon was the alleged look out who stood in the doorway of the bank while Abrams and Wells reportedly pulled off the stick up.

"I told them that it was a bad idea to rob a bank, but they decided to go in anyway," Dillon reportedly told investigators. "I followed them to the foyer area of the bank because I was told to do so."

According to Dillon's statement, Abrams called him about 10 o'clock the night before the robbery and said he had an idea to make some easy money.

In the Abrams' confession, Abrams said he and his friends were playing football the night before and started talking about how they needed more money.

"I said I know about this bank that I drive by when I go to Orleans Corrections to visit my cousin," Abrams wrote. "I said the bank was secluded, so we agreed to rob it."

The next morning, Abrams reportedly drove his black Chevy Blazer to pick up Dillon and Wells and then they stopped at Rite Aid to buy rubber gloves. Dillon said he knew the gloves were meant to avoid fingerprints, but he said he still didn't know the plan was to rob a bank.

It wasn't until they arrived at the bank, he indicates, that he learned of the plan. While sitting in the bank waiting for drive-up customers to leave, Dillon said, "I think this is a bad idea."

Inside the bank, the statement of teller Patti Hackett paints a terrifying picture. She said two men rushed into the bank while she was on a conference call with other M&T employees and the men started yelling, and she heard another teller scream "don't hurt me."

She writes, "The guy who grabbed me yanked me out of my chair and threw me to the ground." The men were yelling "get on the floor. We're not going to hurt you."

Hackett told investigators that the same man who threw her to the ground pointed a gun at her head.

In his confession, Abrams said he brought his Walthers P22 into the bank. He said it can hold 22 rounds, but he thinks it had only nine rounds in it at the time of the robbery, and that he waived it in the air with the safety on.

After leaving the bank, Abrams said he drove his Blazer at the speed limit until a state trooper spotted the vehicle and turned on his lights. Abrams said he stepped on the gas believing he could out run the trooper's Tahoe.

By that time, either Dillon or Wells had reportedly opened the money bag only to have an apparently pepper-spray-laced dye pack explode. Dillon said within a half mile of the bank, he threw the bag out the back window.

Abrams said that both Dillon and Wells were screaming for him to let them out of the car and he stopped at the first intersection he came to and the two men jumped from the Blazer and ran.

Dillon said he first went to a nearby house and lied down on the porch, but he quickly got up and started running. He removed his clothes because they had become wet and heavy, he said in the confession.

Dillon never directly explains why he agreed to go along with Abrams and Wells on what he admits in his statements clearly seemed to be a plan for some sort of criminal activity.

But the need for cash seems to be a factor. 

"The reason I did this is because I'm in serious need of money," Dillon told investigators. "I have a 6-month-old baby and also two 5-year-old kids."

Abrams, who admits in his signed confession to coming up with the plan, owning and carrying the gun, and driving his own vehicle to and from the bank, is about to become a father. In his confession, he said his wife Bianca is seven months pregnant. In his Genesee County Justice interview, he also says he is a foster father, and while being employed with the same company for more than five years, his gross earnings were $700 a week.

The third suspect, Michael Wells, is scheduled to be arraigned Monday at 10:30 a.m.

Yesterday, Judge Robert Noonan ordered Abrams and Dillon held on $250,000 cash bail and $500,000 bond each.

Pictured above, from the top, are Abrams, Dillon and Wells.

Today, four great deals from four fantastic local businesses:

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Whether you need just the right gift or a memorial or simply want to brighten your own home or work place, The Enchanted Florist can put together a fantastic floral arrangement for you. We have a $20 gift certificate for $10.

Valle Jewelers, 21 Jackson St., Batavia, N.Y.: Need a gift? Need some sparkle? Valle's has a large selection of jewelry and gifts STARTING at UNDER $25. We have a $25 gift certificate for $12.50.

Herbly Wonderful, 3701 Pearl St., Batavia, N.Y.: Plants, teas, herbs, mixes, a great place to shop to make your home more cozy, naturally. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Always a great place for gifts, South Main just brought in a bunch of new merchandise from the region. We have a $20 gift certificate for $10.

A $1 PayPal service fee applies.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Valle Jewelers

SOLD

South Main Country Gifts

The Enchanted Florist

Herbly Wonderful

There is a flash flood watch in place until 8 p.m.

The National Weather Service warns that after several days of rain and anticipated slow-moving, thunderstorms producing heavy downpours, "it will not take much rain to produce flooding."

The weather service says flooding is a possibility along rivers, creeks and drainage culverts as well as low-laying roadways.

A story in the Democrat and Chronicle indicates the D&C is getting the USA Today printing contract, which for a generation has been with the Batavia Daily News, because the paper will finally have a plant capable of handling the job.

Ambor said USA Today had been printed for regional circulation outside the company for 24 years because the Democrat and Chronicle's presses, then located at the downtown building, weren't equipped to handle the extra work.

Construction of the Canal Ponds plant, and the current need to find economies within the company, made the switch possible and practical.

I can't believe a good reporter wrote "find economies." What he really means is "cut costs."

Gannett, which owns both the D&C and USA Today, is struggling like all newspaper companies, but it's problems may be more severe than some. This week the conglomerate announced yet another round of layoffs, reducing work force across the company by some 1,400 people. It also faces a huge debt payments due in 2011 of more than $700 million. There's much speculation in the industry that Gannett won't survive as a company beyond the date that payment comes due.

Meanwhile, Watertown-based Johnson Newspapers has little to say about the fallout in Batavia.

Harold Johnson II, president and chief operating officer of Johnson Newspaper Corp., which owns the Batavia Daily News, declined Wednesday to say how much loss of the contract would cost the company. He said there likely would be pressroom job cuts in Batavia because of the change.

"It's been a mutually beneficial relationship over years," Johnson said, referring to the contract with Gannett. "But there are other possibilities we will explore."

James Piersma, 49, of 7577 Townline Road, Bergen, is accused of stealing television cable service. He is charged with theft of service. Piersma allegedly stole the service between April 21 and June 24. He was issued an appearance ticket.

Joshua Bratcher, 19, of 88 Lake St., Le Roy, is charged with assault in the third degree. Bratcher allegedly fought a man from Alexander, hitting him in his face and fracturing his cheek bone. Bratcher was issued an appearance ticket.

A 17-year-old from Bergen is accused of damaging the property of another person valued at more than $250. He is charged with criminal mischief. The youth was issued an appearance ticket.

A 16-year-old from Oakfield is charged with coercion and disorderly conduct. Allegedly, the youth was involved in a domestic dispute with his mother. He allegedly threw items inside the house, threatened his mother and prevented her from entering the house.

Batavia residential homes and apartments will need to pass regular inspections -- either every 36 months or at the time of sale -- according to a proposal being put forward by the city's Neighborhood Improvement Committee.

The proposed ordinance changes would create a Residential and Rental Occupancy Permit that would be required on all rental properties, with a three-year renewal cycle even when the home or apartment doesn't change occupants. The permit would also be required whenever a single-family home was sold.

"This is important for the city itself because everything seems to be deteriorating," said committee chairwoman Karen Valle. "The housing stock is old. Almost half, if not half of the housing stock is income property. A lot of us are property owners, myself included, who are sandwiched in between a lot of income property and we've gotten swallowed up by the constant rotation of tenants who don't care about where they live. They take no responsibility for their actions or the property in which they live, so it's making us lose value in our property."

Committee member Anne Baron added, "There are too many people who live in the community who do not have the community's best interest in mind. They treat (property) as nothing."

The proposed changes will give city officials greater authority to get into homes and inspect them for safety issues as well as compliance with a range of city building and occupancy codes.

Terry Platt, who owns many rental units in the city and serves on the committee said the proposed changes will help protect property values and ensure people are living in safe and clean neighborhoods.

Under the terms of the proposed codes, landlords will need to register their tenants with the city so that city officials know who is living at a particular residence, allowing the city to more easily hold tenants accountable for home maintenance issues that are solely their responsibility.

"At this point right now everything falls on the landlord." Valle said. "There's a lot of quality of life issues that should be addressed by tenants."

When things do need to be handled by a property owner, the committee wants to ensure a person responsible for the property is easy to reach and has the ability to deal with the issues. Under the terms of the proposed changes, any landlord who lives outside the area will be required to register an "agent of record" who lives in Genesee County and will assume responsibility for the property.

The proposed changes are being sent to City Attorney George Van Nest, who will formalize the language and submit it to City Manager Jason Molino for review. The committee hopes a vote on the proposed changes will come before the City Council before the end of the year.

City Council President Charlie Mallow said it's time for the city to crack down on property owners and tenants who don't take care of their dwellings. After years of dealing with budget issues and other problems in the city, it's time, he said, for the City Council to take action to help clean up the city. (Audio Statement)

Valle agreed and said it's important to help residents understand that they're more than just occupants in a building when they move into Batavia.

"There's no respect for neighbors," Valle said. "I keep telling tenants when they moved in next to me, you didn't move into a house. You moved into a neighborhood. You have to respect the people around you and you have to respect the neighborhood."

Came across this article about the Muckdogs attendance and financial situation in the Niagara Gazette...

Also of concern is the following excerpt...

"In the cause of efficiency, Rochester has benched a lot of the touches that made Batavia special. The hot dogs are pre-packaged. Base Paths treated himself to a premium beer and paid $6, more than the best seat in Dwyer Stadium. The scoreboard operator left, weary of criticism about capital letters from “bosses” barely out of high school. Gone, too, is the genial and raffish beer-tent tapster who seemed like a castoff from “cheers.”"

Not living in town anymore, I am curious to hear from those that have been out to Dwyer this season. Has the experience really changed, or are these just the views of a writer who comes to town once a year? I understand the financial challenges that the new management team is up against to turn a profit, but have the changes they have made effected the experience for better or worse?

I'm curious to hear your comments...

Tom @ 

http://20prospect.wordpress.com/

Last night's consolidation meeting at Batavia High School wasn't much like the consolidation meeting earlier in the month.

Where the previous meeting was dominated by Town of Batavia residents who forcefully opposed even the suggestion of getting hitched to the city, last night there were many more reasoned voices, both from town and the city.

Outside of Ed O'Neil citing a straw poll that seemed to indicate widespread opposition to consolidation, the majority of speakers where either more interested in asking questions and at least entertaining the notion that consolidation might make sense.

If all you knew was the first meeting, you would feel assured that any consolidation vote in the town would go down in flames. If you listened fairly to last night's crowd, you might think, "well maybe this thing has got a chance."

Not, mind you, a strong chance, but a chance.

"We have a lot of different opinions here in this room tonight, a lot of different thoughts," said town resident Rick Gilmartin. "I think we can all agree on one thing -- it's that taxes are a burden in this state. If we can find a way to have less government instead of more, and if there are efficiencies to be gained by consolidation, then I think we need to look hard at that."

More than one person pointed out that for all the concern from town residents about city debt and expense becoming a burden for town residents (which shouldn't happen under the proposed tier system), the town is fairly dependent on the city for many services and facilities, such as the library, water, UMMC, GoArt, a good number of tax-exempt church properties and many businesses that town residents frequent.

There already is one Batavia. There just isn't necessarily just one government.

Here's a few audio highlights from the meeting:

• Ed O'Neil and John Gerace
• Bob Zeagler
• Hezekiah Webster
• Steve Hyde
• Unidentified City Resident
• Rick Gilmartin
• Abbie Dayland

A 50-year-old Le Roy woman previously accused of dealing drugs is now charged with murder.

Joann M. Rusby, of 92 Lake Street, Le Roy, is accused of contributing to the death of Yvonne M. Hart, 53, whom Rusby allegedly supplied with Fentanyl.

Rusby was originally arrested March 11 and charged with criminal possession of a controlled substance and criminal sale of a controlled substance.

Today, Rusby was charged with manslaughter.  The charge was brought after an autopsy report by the Monroe County Medical Examiner was filed.

Le Roy investigators allege that Rusby recklessly supplied the victim with a Fentanyl patch that could cause death if not properly used and failed to notify the woman of the dangers.  The woman's death is believed to be a direct result of the Fentanyl patch.

Rusby is under supervision of Genesee Justice.

June Lee, left, and Janet Lee were outside of the Masonic Template 200 E. Main St., which also happens to be the location of The Batavian office, this afternoon, so I asked what was going on.

"We're waiting for the photographer from the paper," June said.

"Well, how would you like to have The Batavian take your picture, too?" I asked and she said "sure."

The book sale, sponsored by the Batavia Chapter of the Order of the Eastern Star, is Thursday and Friday, 9 a.m. to 5 p.m., "rain or shine."

Proceeds will benefit various local charities.

One thing I was curious about: Whether Batavia has chapters of Demolay (I was a member for a short time in my youth), or Rainbow Girls.  The Lees said there is an effort ongoing right now to reconstitute a Rainbow Girls chapter in Genesee County.

When I drive through the Village of Le Roy, I see nothing but potential. It's a quaint "downtown" -- couple of blocks set against a scenic creek and a sense of history.

It's a shame there are so many vacant store fronts in Le Roy.

So, when I got this announcement today from Janice Revier, I was quite happy.  It's great to see a pair of entrepreneurs investing in Le Roy:

Take a walk down Main Street, number 70 to be exact (between the Wiss Hotel  and Townsend Oil), and you’ll find a new shop in town – “the Locally Made shop.”  This venture, started by Colleen O’Connor from Stafford and Jan Revier from LeRoy, will be a teaching gallery, displaying and selling items made by artisans from Genesee and surrounding counties.

It expects to be open starting July 10th and while in its infancy, it currently has some hand-woven products, hooked rugs and mats (traditionally hooked, not latch hooked), handspun and hand-dyed yarns, and some knit items. While this inventory is currently made up of fiber-related output, the goal is to have more artisans from different quality crafts represented –  artwork, pottery, jewelry, basketry, quilting, photography and any other  medium which blends well with the store’s other merchandise. Applications  to be represented at the shop will be available at the store itself or you can email locallymadeshop@aol.com for information or a copy of the application.

The shop will be open Fridays and Saturdays, from 10 a.m. to 4 p.m. and other times by appointment. Ultimately. they expect to have some supplies related to their handwork available, possibly an evening gathering where you can bring your project to work on, a small lending library of related books and magazines, and to conduct classes when there is enough interest. In the meantime, drop in and say hello and watch an heirloom being created. Any and all encouragement will be greatly appreciated and just maybe this can breathe a little life into downtown LeRoy. At least “the Locally Made shop” is 
going to try.

A two-vehicle accident with minor injuries is reportedly blocking Route 20 at 1888 Broadway, half way between Alexander and Darien.

The accident involves a car and tractor trailer. There is reportedly severe damage on the car and it's leaking gasoline.

View Larger Map

Recently, we've had a spate of issues around people getting very personal with each other on The Batavian.

In some cases, I've acted quickly to remove the posts. In a few others, I've been slow either because of other work, the need for sleep or trying to decide just how appropriate or inappropriate a particular post might be.

And in at least one case, I let a blog post make it onto the home page that contained a clear personal attack. Even though it involved a person who was not at the time a member of the site, he is a private individual in the community.

This person was called out by name and slammed pretty hard.

It was an oversight on my part to let the post go. The topic was worthy for community discussion. Ironically, it was on sportsmanship. Ironic, because it wasn't very sportsman-like of me to let the comment go by without at least asking the author to edit his post. My cringe factor when I read it wasn't attuned highly enough.

I've apologized to that individual and unpublished the post.

Going forward, I am going to try to be even more attuned to the personal attacks. We want to have productive discussions about community issues (and sometimes national and world issues) on The Batavian. It should be possible to do that without making it personal or mean spirited. 

If you ever feel an attack has made it onto the site and I haven't reacted quickly enough or judged it correctly, please write to me at howard@thebatavian.com. I'll review all such requests and do my best to make the appropriate decision in each individual case.

A Batavia man is accused of shaking a baby so hard that he caused serious injuries to the 15-month-old infant.

Dietrich Williams, of 14 Hutchins Place, Batavia, was indicted by the grand jury yesterday on charges of assault in the first degree and reckless assault of a child.

The incident allegedly occurred around June 20 or June 21.

Williams is being held in Genesee County Jail without bail.

The indictment reads that Williams acted "under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created grave risk of death to another person, and thereby caused serious physical injury to another person.

Williams reportedly slammed or threw the child "so as to impact the child's head on a hard surface."

The baby has not been identified nor were details supplied on the nature and extend of the infant's injuries.

Arraignment has been set for July 7 at 9 a.m. in County Court.

Dennis M. Abrams, one of the three men accused of robbing the M&T Bank in Elba on June 18, was, according to his attorney, a respectable, upstanding, taxpaying citizen prior to the alleged crime and subsequent chase and six-hour manhunt.

Abrams reportedly has no prior criminal record, is employed full time (with a collections agency that is supposedly keeping his job open for him), married and expecting the couple's first child in a month on their fourth anniversary. Abrams is also a foster father to his wife's nieces.

Yet, Dennis M. Abrams, 26, is also accused of using a pistol he bought and registered to put a teller "in fear of her life," according to District Attorney Lawrence Friedman.

In his written confession, Abrams reportedly admits to waiving his gun in the air inside the bank. Friedman said a teller tells a different story. She said Abrams pointed the gun at her head.

Friedman said Abrams admitted to hatching the bank robbery plan and driving his vehicle to and from Elba, after removing the license plates to help avoid identification.

Abrams, and co-defendant Demone D. Dillon, 25, both plead not guilty to three counts each of robbery. The third defendant, Michael J. Wells, 24, appears in court to answer the charges on Monday.

They are both being held on $250,000 bail and $500,000 bond.

Abrams has retained renowned defense attorney Paul Cambria, who is currently also representing Scott Doll, who is accused of killing a business associate in Pembroke. Daniel Killelea appeared today on behalf of Cambria.

With at least a dozen friends and family members, as well as his pastor, present, Killelea tried to convince Judge Robert Noonan to reduce his bail to $25,000.

"I think Mr. Abrams isn't typical of a defendant who stands before the court accused of bank robbery," Killelea said. "He has an actual life beyond the charges currently before the court."

Killelea also noted the Abrams gave himself up within 15 minutes of the manhunt starting and cooperated fully with law enforcement from the moment of his arrest.

Friedman countered that Abrams is accused of being the mastermind, the getaway driver and the man who owned and used a loaded handgun to help commit the crime.

"I'm confident in the strength of the people's case," Friedman said. "Mr. Abrams gave a full written confession. I find it hard to believe that a reputable collections agency would continue to keep him employed."

Noonan said that while he was mindful of Abrams clean background, he had to take into consideration the nature of the crime.

"I'm extremely shocked that a licensed handgun was used by the licensee in such a brazen manner," Noonan said. Noonan said that in 30 years he's only seen a licensee us his own gun in a crime once. "This never happens," Noonan added.

The trio allegedly left the bank with more than $20,000, according to Friedman.

Abrams' uncle, John Abrams, was among the family members in court. He seemed eager to talk about the case, but was advised by Killelea not to speak with the media. John Abrams -- who is reportedly in law enforcement and showed up at the State Police Barracks in Batavia during the manhunt to encourage Dennis Abrams to continue cooperating with the police -- did say there are two sides to the story and more to the case than what has come out so far.

Contrasted with Abrams, Dillon does reportedly have a prior record. He reportedly also has parole and probation violations in his past.

Nicholas Jacob Ridge Adkins, 18, of 6954 Swamp Road, Byron, is charged with a felony count of burglary and a misdemeanor charge of petty larceny. He is accused of entering a neighboring residence and stealing property from the house. Bail is set at $2,500.

Richard Mungo, 42, 3252 Pine Terrace #3, Macedon, is charged with petty larceny. Mungo allegedly stole a variety of items from the gift shop at Darien Lake Theme Park on June 30.

David Tuttle, 69, 1 Hidden Meadows Drive, Bergen, is charged with harassment. He is accused of punching a neighbor in the face twice during an argument in front of their homes. He was arraigned in Bergen Town Court and released on his own recognizance.