Skip to main content

Lee breaks with many in his party by supporting Obama's Supreme Court nominee

By Howard B. Owens

Rep. Chris Lee is increasingly showing himself as a Republican of an independent mind.

While his party and conservative pundits step up partisan bashing of Supreme Court nominee Sonia Sotomayor, even calling her a racist, Lee told WBTA this morning that he supports her nomination.

LISTEN

UPDATE: Lee was in town to talk with local veterans.  Full press release about the visit after the jump.

Lee Brings Together Area Vets for First Meeting of 26th District Veterans Advisory Board
Panel of Veterans and Veteran Family Members Convenes at Batavia VA Medical Center to Discuss Ways to Improve Services, Advance Legislative Initiatives

BATAVIA – Congressman Chris Lee (NY-26) brought together area veterans today at the Batavia VA Medical Center to discuss ways to improve services and advance legislative initiatives to better meet the needs of Western New York veterans and their families.

This was the first meeting of an advisory board comprised of 43 veterans and veteran family members from all seven counties in the 26th congressional district. (The complete list of 26th District Veterans Advisory Board members can be accessed at http://chrislee.house.gov/veterans.)

“I am honored that these distinguished veterans and veteran family members have agreed to volunteer their time to provide first-hand insights on how we can better meet the needs of Western New York’s veterans,” Congressman Lee said. “We have more than 50,000 veterans living here in the 26th district, and I am personally committed to ensuring that each of them – and their families – have access to the services they deserve and the benefits they have earned.”

Thomas Cray, President and CEO of the Veterans Outreach Center, added: “We are grateful to Congressman Lee for holding this meeting with area veterans. It means a great deal to our veterans to have a representative in Congress who is willing to sit down and listen to their concerns. We at the Veterans Outreach Center look forward to working with Congressman Lee to improve the lives of our veterans and their families.”

Congressman Lee has been working to honor and support our nation’s military veterans and their families since taking office:
·         In March, Congressman Lee successfully fought to stop a misguided proposal that would have forced wounded warriors to pay for treatment of service-related injuries. Currently, veterans only have to use private insurance when they receive care from the VA for medical issues that are not related to service injuries. (View related press release.)
·         Congressman Lee has secured passage of legislation (H.R. 1595) naming a Greece post office in honor of Marine Lance Corporal Brian K. Schramm, the first resident of the 26th congressional district to lose his life in Operation Iraqi Freedom. (View related press release.)
·         Congressman Lee is working with a bipartisan coalition of lawmakers to secure an increase in funding for veterans’ mental health care programs. Combat stress has been a growing issue for military leaders and families as fighting in Iraq and Afghanistan has taken its toll on the soldiers, many of whom have been deployed three, four, or even five times. (View related press release.) 
·         Congressman Lee is also a co-sponsor of H.R. 1016, a bipartisan proposal that would ensure timely and predictable budgets for VA health care through an advanced appropriation that provides for funding ahead of time. Uncertain funding levels can force the VA to restrict health care services and place veterans on waiting lists. This initiative has been endorsed by a number of leading veterans service organizations, including the Veterans of Foreign Wars (VFW), the American Legion, and Disabled American Veterans (DAV).  
This is the fourth advisory board Congressman Lee has established since taking office. The 26th District Agriculture Advisory Board met for the first time in February, while the Rochester and Buffalo small business advisory boards convened in late March and mid-April, respectively.

Popular skydiving event grounded

By Howard B. Owens

The Batavia Boogie, which has brought skydivers from all over the region to Genesee County Airport for 19 years, is grounded, reports WBTA.

Paul Gath of Frontier Skydivers said his group decided to cancel this years event rather than fight the county over liability concerns.

Last year, a skydiver died when his parachute failed to open.

County Legislator Jay Grasso explains the county's position.

Jimmy's Fish

By daniel cherry

We went to the sandwash on monday.Jimmy caught a pretty nice fish.Is it a blue gill?

Police Beat: Eight arrests reported at Dave Matthews concert at Darien Lake

By Howard B. Owens

The following arrests were made at the Dave Matthews concert at Darien Lake:

David J. Brooks, 21, of Fairport, charged with harassment for allegedly striking a security officer.

Nicholas P. Gardone, 20, of Fairport, is charged with petty larceny for allegedly stealing concert tickets from the box office.

Edmund J. Bracker, 20, of Pittsford, charged with petty larceny for allegedly striking cotton candy.

Christopher P. Greco, 21, of Pittsford, charged with petty larceny for allegedly stealing cotton candy.

Conor C. McNamara, 22, of East Aurora, charged with harrassment for allegedly stealing a security officer in the back of the head with his elbow.

Joshua A. Ray, 22, of Pittsford, charged with DWI for allegedly operating a motor vehicle in the parking lot while intoxicated.

Gregory J. Summar, 27, of Eden, charged with harassment for allegedly striking a security officer.

Larry J. Marling, 21, of Albion, is charged with harassment for allegedly throwing a security officer against a parked car.

Brooks and Marling were taken to Genesee County Jail and held on $200 bail.

In other incident reports:

Andrea Klein, 28, of Liverpool, is charged with unlawful possession of marijuana. The marijuana was reportedly found will investigating a motor vehicle accident in Pembroke this morning about 12:30 a.m.

Patrick Klein, 29, of Liverpool, is charged with criminal contempt and possession of marijuana following a traffic accident in Pembroke this morning about 12:30 a.m. The cause of the accident is reportedly an argument Klein was having with a woman in the car, whom he had been ordered not to have contact with.

Eric Zglinicki, 47, of Darien Center, is accused of firing a rifle near a residence, with at least one bullet traveling close to three people. He is charged with reckless endangerment. The alleged incident occurred yesterday around 7:20 p.m.

Joseph Puls, 22, of Alexander, was stopped for an alleged traffic violation in Alabama. Deputies say they found marijuana in his vehicle, which led to a charge of unlawful possession of marijuana.

Christopher Charvella says he's running for 8th district of County Legislature

By Howard B. Owens

We just received this as a press release:

Dear Neighbor;

My name is Christopher Charvella and I would like to take this  opportunity to announce my candidacy for Genesee County Legislature in the  8th District. I grew up in Genesee County and after serving our country for  six years in the United States Air Force I decided to bring my wife back to  Batavia so we could begin our life together in the place I love so much. We  recently had our first child, a girl, and it is my goal to make Genesee 
County a place where she can grow and flourish.

Sadly, our area is in decline. We are facing a multitude of problems: empty  storefronts on Main Street, an unemployment rate at nearly 9% and climbing,  and a local government that seems incapable of coming up with real solutions.  We have watched businesses close their doors or leave town. We have seen  County bids and purchases go to companies that aren’t even based in New  York State and our stagnant Legislature has been a part of the problem  instead of being a part of the solution. It is time for us to change the way  we do business at a local level.

I pledge to bring balance, oversight and transparency to our local  government. When elected I will immediately offer legislation that will open  the County bid process to all qualified local contractors and distributors,  set up a County website that tracks exactly where your tax dollars go and  make County Legislature and Committee meetings accessible to working people.  Together we can bring an end to the ‘rubber stamp’ legislative  environment that has plagued us for so long.

I’m looking forward to meeting you in person as I walk the District over  the next few months. Feel free to stop me on the street and let me know how I  can make Genesee County a better place for you and your family. I am  committed to working hard for the 8th District and all of Genesee County and  I am looking forward to earning your vote and working for you over the next  two years.

Sincerely,

Christopher M. Charvella

Posting will be light the next 36 hours

By Howard B. Owens

Most of the rest of today will be taken up with errands related to moving and then I'm driving to Toronto where I'm speaking tomorrow to a group of online news people about The Batavian and new media.

The good news is, by Monday, I'll be a Batavia resident.  This is going to have numerous benefits, I think, to The Batavian -- I no longer spend two hours per day in a wasteful commute; I'll be able to attend more events and more meetings; I'll know more of what's going on; and I'll have more time to devote to getting more sponsors (and more Deals of the Day!) to keep this venture in online community news going.

While I'm gone, I'll still have my computer and my phone, so keep those news tips coming. If I can't get to something that needs gotten to, I'll call on Brian Hillabush, or cover the news from a distance (much easier to do in this digital age).

Speaking of advertising, the Daily takes a full page today to run logos of all its online advertisers. It's impressive page.  Of the 50 or so businesses, only 37 are local. The rest are out of the county.  It makes me pretty proud of the fact that 36 26 local businesses are now turning to The Batavian to help reach a loyal, local audience. That's 36 26, with two more on the way, and I'm just one guy bringing sponsors on board (and covering the news with the help of my wife and alert readers) against a team of people who have been selling newspaper ads in the community for years. (OOPS. I don't know why I wrote 36.  It's 26. I was just driving down the road and thought -- oops -- so pulled over for this correction. But I stand by how pleased I am with the progress so far.)

It's been heartening the degree to which people in Batavia and the rest of Genesee County have embraced me and Billie since I took over sole ownership of The Batavian. The friendliness and support from readers, business owners and community leaders has me looking forward to being a resident with great anticipation. Everywhere I go, I meet people who tell me how much they love The Batavian.  I never experienced that kind of appreciation for a newspaper in all my years in the print business. I have great hopes for The Batavian and I hope both community members and business owners will be pleased with how we grow and what we deliver.

Deal of the Day: Center Street Smoke House

By Howard B. Owens

Today's Deal: Center Street Smoke House, a $25 gift card for $12.50, HALF OFF! (plus a $1 service charge).

Center Street is located at 20 Center St. in Batavia and is one a great place to go for BBQ, Southern hospitality and features a fine saloon. Center Street also frequently features live music and has an open patio at the back of the restaurant.

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 before 5:00 p.m. (today or tomorrow) 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.

SOLD

Many New Yorkers say they want to leave state

By Howard B. Owens

This may come as no surprise, but many of your neighbors are thinking about leaving New York, according to a poll conducted by Siena College, according to the Buffalo News.

As much as 20 percent of the state's population would like to move or is thinking about, according ot the poll. Only 16 percent said they have no intention of moving.

How many people would follow through on the threat is unknown, but the poll, according to critics, depicts a clear frustration many have with state and local taxes that fuel a high-tax reputation across the nation.

“It absolutely should be of concern to the governor and state leaders,” said Steve Greenberg, a spokesman for the Siena poll.

Police Report: Woman accused of hitting deputy following property dispute

By Howard B. Owens

Shauna Clattanburg, 27, of Batavia, is accused of striking a Sheriff's deputy in the chest and then containing to hit the officer and yell obscenities while she was taken into custody. The incident arrose during a property dispute in Batavia at 11:38 yesterday. Clattanburg was charged with harassment and resisting arrest.

Charges pending in accident involving tractor on Main Street

By Howard B. Owens

The Sheriff's Office is investigating last evenings accident involving a tractor that struck four vehicles and pushed a car sideways down Main Street in Batavia, injuring at least two people.

See yesterday's coverage.

The tractor driver, Neil W. Phelps, 55, of Caledonia, could face charges pending the outcome of the investigation, according to a Sheriff's Office press release.

A passenger in one of the cars struck when the tractor first turned onto Main Street from Route 63 was taken to UMMC for non-life-threatening injuries.

Phelps was also taken to UMMC for evaluation.

The driver of the car pushed down Main Street was also treated later that evening for complaints of hip pain, according to Robin Ettinger, who identified herself as the driver's daughter in a comment left on The Batavian last night.

UPDATE: Dan Fischer at WBTA is developing the story further. He has more details and an audio interview with Tim Yaeger coming.

Online Exclusive: Roll top desk from Max Pies at $300 off

By Howard B. Owens

Through a special arrangement with Max Pies Furniture, 400 South Jackson St., Batavia, The Batavian is able to extend this special, online-only offer to its readers:

We are able to offer a solid oak roll top desk to readers of The Batavian at a $300 savings. This desk normally retails for $795.  You can use the PayPal button below to buy it online now for $495. (Sales tax and a $12 PayPal service fee will be added)

You can't buy this desk in the store at that price.

The winner of this exclusive item will be able to choose from an in-stock desk or custom order in one of the three available finishes: harvest distressed, glazed medium distressed or light distressed..

If you've ever dreamed of owning a roll top desk, here is your chance to acquire a quality piece of furniture at a substantial savings.

There is only one item available at this price and it is exclusive through
The Batavian. The winning purchaser will need to arrange to stop by The Batavian office to pick up a purchase voucher. Final arrangements to take delivery of the chair are made at the Max Pies location at 400 South Jackson St. This item will be available until it sells and only one at this price is available.

The voucher has no cash value, but can be used toward an upgrade purchase on another item.

Deliver is free in Genesee County.

To purchase this online exclusive from The Batavian and Max Pies Furniture, click the PayPal button below (this is the only way you can make this purchase -- this price is NOT available in the store).

If you're a local business owner and would like to offer The Batavian readers great deals either as part of The Deal of the Day or as an Online Exclusive, call me at 585-260-6970.

Batavia council asks manager to prepare report on switching Fire Department to volunteer force

By Howard B. Owens

The City of Batavia should seriously consider replacing the Batavia Fire Department with either an all volunteer, or partial volunteer force, Council President Charlie Mallow suggested during tonight's City Council meeting.

UPDATE: Audio of Mallow's speech provided by WBTA.

His call to have Jason Molino prepare a report on the idea before the council's next conference meeting met with broad support from the other council members, with at least five members backing his thinking and none of the rest raising an objection.

"We live in a city of 16,000 people with a fully funded fire department," Mallow said. "That is probably the most unusual thing you can come across. Our taxpayers are taking a pounding for $3.5 million that 16,000 people have to pay for every year. Can you imagine what we can do -- the town fire department is a little over $1 million -- what we could do with $2.5 million? We could fix their sidewalks in this city. Maybe we could fix our roads without begging for more from the state.

"It's going to take real leadership, because I tell ya, we all know what it took to get rid of that ambulance service and there's still people with signs up even though that issue has long since passed

"Speaking as somebody who is about the fly the coup, it's going to take somebody on this council or the next council to step up and do the right thing no matter how many signs people put up or how many phone calls they make."

Council woman Marianne Clattenburg immediately followed with a "Here, here."

Bill Cox, Bob Bialkowski and Rose Mary Christian all expressed support for Mallow's call for Molino to study up on the issue and prepare a report.

The discussion came in the middle of an agenda item about the car allowance for the city's fire chief, which was an issue put on the agenda by Cox.

"I don't want to argue about $4,000," Mallow said. "I want to argue about $2.5 million."

Cox said now is the time to act on the proposal, while the city's fire department is being run by an interim chief, so that the position wouldn't be changed in the middle of the term of a permanent chief.

The fire fighters union is already claiming a Taylor Law violation because the city voted to eliminate the city's ambulance service, and asked after the meeting if this latest proposal might really run afoul of the Taylor Law, Mallow said, "I've found that your best thing to do is just do the right thing. We did the right thing with the ambulance service and we got complaints because we did the right thing."

As for the car allowance, Molino said he is going to recommend to both the police and fire chiefs that they forgo the city's stipend and use a city vehicle for official business.

Molino explained that the city's employee handbook gives the chiefs the option of an allowance or a city-provided vehicle or a stipend, but after talking with an insurance carrier, the idea of chiefs using personal vehicles for official business should be a grave concern.

If the chiefs were in an accident, even though on official duty, while driving a personal vehicle, their personal insurance company would be the first line of liability. In a serious scenario, the mount of damages could greatly exceed the personal liability coverage.

"I don't think it's good policy to have our city employees at risk of losing everything they've worked their whole lives earning," Molino said.

Both departments have vehicles available -- especially for the fire department once the ambulance service is terminated -- that the chiefs could use and take home to be available in emergencies.

Tractor pushes car sideways down Main Street into the city

By Howard B. Owens

A tractor from My-T Acres pushed a car with two people in it sideways eastbound down Main Street this evening.

The tractor struck at least two other vehicles and caused at least one minor injury.

Incredibly, neither of the two people in the car pushed by the tractor were injured.

"If it (the car) had flipped over, we would both be dead," said driver Gene Laney. "There is no way we could get out."

The tractor only stopped after a passerby jumped up on the driver-side running board, according to Laney and a police officer, and banged on the glass and yelled at the driver, who eventually heeded the message and turned the tractor off.

The tractor finally stopped in the vicinity of 355 W. Main St.

The hero who helped get the tractor stopped was apparently no longer on scene five or 10 minutes later and police on scene did not know who he was.

Witnesses describe the unidentified tractor driver as in a daze.  It is not known why he drove the vehicle in this manner from Lewiston Road onto Main Street.

County Emergency Coordinator Tim Yaeger happened to be in the area at the time the call went out and tried to get the tractor driver to stop, even pulling in front of the tractor with lights and sirens to draw the driver's attention.

No further information is available at this time.

Two Batavia PD check points lead to 47 tickets and five DWI arrests

By Howard B. Owens

Twenty-nine license suspensions. Can you imagine?

That person was among of several alleged violators and potential law breakers nabbed at two Batavia Police Department check points set up Friday, according a press release issued this afternoon.

The person with the 29 suspensions isn't identified, and neither is another person with 10 violations who was also tripped up in the one of the check points.

The check points were conducted on Bank Street and Clinton Street Road.

In total, there were 47 traffic summons issues, four people were arrested for DWI and one for aggravated DWI. One person was cited for unlawful possession of marijuana.

We already reported the case of the alleged illegal immigrants getting caught on Bank Street, and the apparent warning sign taped up near the Bank Street check point.

The DWI arrests, all from Batavia, are: James Kempisty, 48; Richard M. Potwora, 50; Todd M. Kemp, 36; Donald W. Gavenda, 51; Ryan M. Shrauger, 39.

Personnel from the Genesee County Sheriff's Office and the Genesee County Drug Task Force assisted in the operation.

Ammonia leak reported at Torrey Farms

By Howard B. Owens

UPDATE 12:45 p.m.: Tim Yaeger, emergency coordinator, just informed dispatch that the leak was closed 7 minutes ago.

Original report continues below ...

A "major" ammonia leak has been reported at Torrey Farms, 7170 Norton Road and hazmat has been dispatched.

A first-responder said, "Two valves on this tank that need to be shut off, but no way can we get near it."

He also reported it's a 15 ton cylinder "just going wild."

The wind is 16 m.p.h. out of the east. 

Norton Road has been closed.

UPDATE 11:55 a.m.  There's no new information at this time. Emergency teams are on scene. No report yet on the status of the leak. No indication of the situation getting worse.

UPDATE:  The media isn't being let into the scene, which isn't surprising. I'm not planning on going out there unless and until there is a press conference.

UPDATE: Here's what the State's health department site says about Ammonia:

How is ammonia used?
About 80% of the ammonia produced by industry is used in agriculture as fertilizer. Ammonia is also used as a refrigerant gas, for purification of water supplies, and in the manufacture of plastics, explosives, textiles, pesticides, dyes and other chemicals. It is found in many household and industrial-strength cleaning solutions. Household ammonia cleaning solutions are manufactured by adding ammonia gas to water and can be between 5 and 10% ammonia. Ammonia solutions for industrial use may be concentrations of 25% or higher and are corrosive.

How can people be exposed to ammonia?
Most people are exposed to ammonia from inhalation of the gas or vapors. Since ammonia exists naturally and is also present in cleaning products, exposure may occur from these sources. The widespread use of ammonia on farms and in industrial and commercial locations also means that exposure can occur from an accidental release or from a deliberate terrorist attack.

Anhydrous ammonia gas is lighter than air and will rise, so that generally it dissipates and does not settle in low-lying areas. However, in the presence of moisture (such as high relative humidity), the liquefied anhydrous ammonia gas forms vapors that are heavier than air. These vapors may spread along the ground or into low-lying areas with poor airflow where people may become exposed.


View Larger Map

Deals of the Day: Batavia Downs, Adam Miller and South Main Country Gifts

By Howard B. Owens

Among today's deal is the introduction of a new sponsor to the program: South Main Country Gifts.

South Main Country Gifts is located at 3356 S. Main St. Road and is a well-stocked, interesting gift shop with a large variety of items. When we visited Saturday, my wife commented on how reasonable the prices are.

Today's gift certificate is for $20 available through The Batavian for $10 (plus $1 service fee).

Also today, the ever-popular Adam Miller Toy and Bicycle, 8 Center St., where you can find toys for kids of all ages. We have a $25 gift certificate for $12.50 (plus $1 service fee).

And our third deal today is Batavia Downs Grandstand Bar & Grille, one of Genesee County's more popular restaurants. We have a $25 gift certificate for $12.50 (plus $1 service fee).

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 before 5:00 p.m. (today or tomorrow) 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.

South Main Country Gifts

SOLD

Adam Miller Toy & Bicycles

SOLD

Batavia Downs Grandstand Bar & Grille

SOLD

Top Items on Batavia's List

AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002
Tags: Rentals

Authentically Local