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Accident at Route 33 and Route 237

By Howard B. Owens

There's an accident at the intersection of Route 33 and Route 237. A witness called in and said it looked pretty serious.  Mercy Flight was on Standby, but has been called off.

UPDATE: There are no further details available. There were injuries.  We will wait for the accident report from the Sheriff's Office before publishing anything further. 

The State Police are investigating an accident that occurred only minutes later on Route 5 in Le Roy.  There were minor injuries.  We'll check on the accident report later today or tomorrow morning.

Ranzenhofer now part of Senate majority as two Democrats switch sides

By Howard B. Owens

Sen. Mike Ranzenhofer says, "majority rules," and for the first time in his short legislative career, he's now in the majority.

Ranzenhofer spoke with WBTA's Dan Fischer today about the shift in power in the state Senate and said the decision by two Democrats to support changes in the Senate leadership and rule changes ends five months of his frustration with government being operated in secret.

"Up until yesterday there were 32 members who wanted to take the state in one direction," Ranzenhofer said. "As of yesterday there are 32 members who now want to take the state in another direction."

Listen to full interview.

Deals of the Day: Valle Jewelers and Blue Pearl Yoga

By Howard B. Owens

Today's Deals:

Valle Jewelers, 21 Jackson St., Batavia. This three-generation business offers a great selection of jewelry for both men and women, as well as repairs, cleanings and great customer service. We have a $25 gift certificate for $12.50.

Blue Pearl Yoga, 200 E. Main St., Batavia. This gift certificate entitles the winner to a seven-week session of yoga in a great setting atop the Masonic Temple building. This is a $56 value for $23.

A $1 PayPal service fee is applied to each purchase.

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. 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

Blue Pearl Yoga

SOLD

Purple boxes spotted in Genesee County trees designed to trap Emerald Ash Borer

By Howard B. Owens

Purple boxes are being spotted all over Genesee County. They can be seen hanging from trees and look rather curious.

The hanging prisms are intended to help USDA and state officials spot any new infestation of the Emerald Ash Borer, a pesky little beetle that munches on Ash leaves, but worse, lays larva in the Ash bark, which bores into the wood, disrupting a trees circulation system, eventually killing the tree.

Emerald Ash Borers have killed 10s of millions of Ash trees in North America, according to Sharon Lucik, a public information officer for the USDA in Michigan, where the beetle was first spotted in the U.S. in 2002.

No beetles have been found in New York, yet, with the borers being found in Canada and Pennsylvania, the USDA and state officials want to know as soon as it is spotted in the area, if ever, and make sure the area is quarantined, which means no wood can be transported from that area.

Apparently, the Emerald Ash Borer loves the color purple. The traps also contain a lure that smells to the beetle like a distressed Ash tree, such as one that has been damaged by man or mother nature.  The beetles will attack a healthy tree, but are quick to head to a tree it suspects is in a weakened state.

The beetles like Ash and only Ash.

Reader Gary Diegelman, who alerted us to this story and did some initial research, said he found out the boxes are placed on road right of ways approximately every 1.5 miles. The boxes will be hanging around most of the summer.

There is no government eradication program, Lucik said. It's up to each individual property owner to decide what to do if a beetle is found on his or her property.  The options include doing nothing, spraying a pesticide or removing the invested trees.  Of course, in the third option, the wood cannot be taken from the quarantined area.

The Ash Borer is a native of Asia and there is no known predator for the pest in North America.  It probably arrived in the U.S. riding in packing create wood or pallets aboard cargo ships.

The beetle would probably only migrate no more than half a mile a year on its own, Lucik said, but when people use Ash for fire wood or building material, the Ash can be transported up to hundreds of miles. 

The USDA program is designed aimed at quick detection so any invested Ash doesn't leave the area.

(Trap picture borrowed from a government Web site. It is not a local picture.)

Elba planning to start school year early

By Howard B. Owens

Elba Central School board members last night listened to concerned citizens about a change in the school calendar this year, according to Superintendent Joan Cole,  but will still proceed with its plan to start the school year a week prior to Labor Day weekend.

"The purpose of starting the school year before Labor day is to give more instruction time, more time for learning," Cole said. "Elba is a good school and we need to become a great school, and how we move from a good school to a great school is to focus on our mission statement."

Batavia couple slowly, lovingly restoring one of city's grand old mansions

By Howard B. Owens

Even with its "distressed" facade (as antique collectors might put it), the Doty Mansion at the corner of Jackson and Highland Park in Batavia is an imposing structure.

The house was built in 1865 and is now split into four apartments, but its splendor and grandeur are apparent even as the white-washed bricks show through and some of the gables hang precariously from the eves.

Tim and Lisa Stoddard bought the mansion, built over a 10-year span by one of Batavia's early banking magnates, in 2003 and have since invested more than $100,000 into restoring the building.

And the work is still not done. Their are the gables to repair, and porch rails to replace and other improvements to be made, but Tim Stoddard spoke of the house glowingly after I ran into him this evening outside the residence.

"We love the house even though we'll never live in it," Stoddard said. "It's a beautiful house and we love the history of it. It's been a pleasure to own and a pleasure to work on."

Stoddard owns American Roofing, and he and Lisa are also restoring the Victorian-era home they currently live in.

He said he considered historic preservation of these grand old homes important and is sorry to see so many once great homes fall into disrepair.

The Doty Mansion, built by one of Batavia's original bankers, Leonidas Doty, has been a four-unit apartment complex for 60 years, and some of that time housed Section 8 tenants, Stoddard said, but he's slowly bringing back to its former glory.

The home still retains two 100-year-old-plus chandeliers as well as two grand marble fire places.

"I wish I could show you inside," Stoddard said at least three times while we walked around the house.

We all may get our chance for a partial tour soon -- an apartment in the house -- which Tim describes as larger than some single-family homes -- will be available for rent soon and the Stoddards plan to make tours available when its vacant.

UPDATE: I found this historical article about Mr. Doty via Google Books:

In 1856 Mr. Doty engaged in banking in Attica being associated with the celebrated financier and railroad magnate Dean Richmond. In 1860 Mr Doty bought out Mr. Richmond's interest and removed the bank to Batavia Genesee County. As a banker Mr. Doty was distinguished by courtesy accessibility and a disposition to afford all possible aid to legitimate enterprises. He held a place in the front rank of those safe yet progressive bankers who are regarded as pillars of strength in times of financial stress. Toward the close of his life he admitted to partnership Mr. John H Ward. Mr Doty was one of the founders of the First National Bank of Batavia for many years held a controlling interest in it which he sold in 1880. In 1876 Mr Doty came to Buffalo where he purchased a handsome residence on Delaware avenue.

Busy beavers creating flooding problem for residents on Creek Road, Bethany

By Howard B. Owens

The beavers in the neighborhood of Creek Road in Bethany have been busy this spring. They built a nice new dam and it's working out well for them.

Unfortunately for Dave and Jill Porter, as well as some other residents in the area, the beaver's dam construction has left them with a little more water, with the potential for more serious problems, than they would like.

This year, seeking deeper water with a narrower span, the beavers moved their construction from one side of Creek Road to the other.

The Porters brought their concerns to the Town of Bethany board this evening, but there is little the town can do to help.

Supervisor Louis J. Gayton suggested the Porters contact Kevin Lawson of the DEC or Tim Hens of the county highway department for help.

The beavers are protected by the state, and their dam is on property owned by an attorney from Grand Island who uses the nearby swamp as a private duck hunting preserve for himself and his friends.

The swamp owner is apparently unsympathetic to the Porters concerns.  He tried once before to get permission to build a small dam in the area now blocked by the beavers, but area residents complained about to the DEC out of concern it would increase flooding on their properties.  The DEC listened and the dam was block, but now mother nature is giving the duck-hunting attorney exactly what he wanted in the first place, only more.

The attorney sought a foot-and-a-half dam.  The beavers have built a three-foot high damn.

The Porters back yard normally has a nice little spring-time pond that attracts geese, but this year, the pond is bigger than normal -- with rain storms less than normal -- and it isn't draining as it normally would, giving the Porters a nice green pasture for a backyard.

"We just want a solution that would make us happy, make the beavers happy and make the duck hunters happy," Dave Porter told the board.

Dave Porter may e-mail me some related pictures later and I'll add those to this post when I get them.

Fire alarm activation on Main Street

By Howard B. Owens

There is a firm alarm activation at 541 E. Main St.

UPDATE Two minutes later: All units clear. Burnt food.

Property tax collections down 26 percent in Bethany, but no fiscal crisis yet

By Howard B. Owens

Property tax collections are down 26 percent in the Town of Bethany, Supervisor Louis J. Gayton told the Bethany Town Board this evening.

"When we made the budget at the beginning of the year, we kind of expected this," Gayton said. "We added some padding, so we're not in very much trouble."

Gayton is concerned that if the recession continues and there is a slump in sales tax, the problem could get worse.

He said a typical sales tax check is for $400,000, but if it drops to $300,000, it could undo the town's balanced budget.

Meanwhile, the town needs to buy another truck/snow plow, which would run $200,000 over two years, and the equipment should be purchased before new emission standards kick in, said Councilman Edward Pietrzykowski, and costs go up significantly.

In other Bethany news:

The town is going to advertise for a job for a new bailiff.

Also, the town is moving toward buying a compactor for recycled goods at a cost of $8,000. Pietrzykowski said the compactor will save the town a significant amount of money because companies that by recycled material prefer to get cans and such in a compact deliver, and currently the town spends a good deal of money shipping loose recyclable items.

New York Assembly passes 'Farm Death Bill'

By Howard B. Owens

A bill sponsored by a New York City Democrat that could cost the state's farmers $200 million a year, or drive many farmers out of business, and many farm workers out of state, as well as increase the cost of New York-produced food, today passed the state Assembly 85 to 57.

The Farmworkers Omnibus Labor Standards Bill, AB 1867, or as its opponents call it, "The Farm Death Bill," will require farmers to pay time-and-a-half for over time, allow farm workers to join labor unions, require a day off during harvest season, will require farmers to pay into the unemployment system, among other provisions.

The bill is sponsored by Catherine Nolan, who represents Queens.

Assemblyman Steve Hawley voted against the bill.

I spoke with Hawley about the bill Friday in his Main Street insurance office, and Steve noted that a farm worker who might, under current law, work 60 hours a week at $16 or $17 an hour and would therefore earn $1,000 is likely to see his earnings cut in half by the bill, because a farmer would find it more economical to hire a second worker rather than pay time-and-a-half to the original worker.

In a press release this evening, Hawley noted that the bill passed rather ironically the day before is slated to honor the state's dairy farmers with its annual "Dairy Day."

"Dairy farmers and agribusinesses come from all over the state to be lauded by legislators as the ‘pride of New York,’" Hawley said. "How hypocritical for lawmakers to, on the eve of this day, pass the bill that will kill these businesses.  Once our farms close up shop, they will be closed forever.”

Hawley's full press release after the jump:

Assemblyman Steve Hawley (R, I, C - Batavia) today voted against the Farmworkers Omnibus Labor Standards Bill, dubbed the "Farm Death Bill."  By imposing unnecessary and expensive mandates on farmers, the cost of the bill, ranging in the thousands, depending on farm size, has the potential to put farms and agribusinesses across the state out of business.

"My family has a long tradition of farming.  Our Western New York community's backbone is in agriculture - both socially and financially.  This bill will be the final nail in the coffin for New York State agriculture and more people will suffer the consequences of our farms closing than just the farmers or farm workers.  The price of food will skyrocket and further hurt hard-working middle-America families that are just squeezing by right now. This bill is a disaster for the state economy," said Hawley, who is a former crop and hog farmer and Genesee County Farm Bureau President.

Hawley debated the bill on the floor, citing the fact that from April 2008 to April 2009, milk prices received by farmers dropped from $18.20 per 100 weight to $11.80; corn from $5.86 to $3.98; and wheat from $9.20 to $4.24. These price drops signify that farmers in New York State are already struggling to make ends meet.  This is compounded by production costs, which for milk are currently around $14 per 100 weight, meaning that farmers are already losing money on their products.  Additionally, New York State has lost over 2,000 farms over the last decade.  Hawley argued that the new provisions that the bill mandates will push struggling farms over the edge and force more farms, especially smaller operations, to permanently close.

During the debate, Hawley also commented on the comparison of New York State's agriculture to that of California.  He stated, "In California, they have farms that operate year-round.  Their agricultural industry is 12 months a year and operates on a much larger scale.  Here, in New York, many farms only operate 1 to 2 months per year and during these months everything from planting to harvesting happens."

Hawley, who also serves as a member of the Assembly Agriculture Committee, was among the first legislators to oppose the Farm Death Bill, or Assembly Bill 1867.  With the entire bipartisan Assembly Agriculture Committee, he sent a formal letter of opposition to Assembly Speaker Sheldon Silver outlining the devastating effects of the bill.  Hawley has worked with New York Farm Bureau President Dean Norton, a former dairy farmer in Batavia, local farmers and a bipartisan delegation of state legislators, to openly and publicly oppose the bill as well as to wage a public campaign urging New Yorkers to contact the sponsors of the bill in opposition.

Despite this, the Assembly passed the legislation by a vote of 85 to 57. Hawley stated, "Tomorrow, the State Legislature is celebrating their annual 'Dairy Day,' a day when dairy farmers and agribusinesses come from all over the state to be lauded by legislators as the 'pride of New York.' How hypocritical for lawmakers to, on the eve of this day, pass the bill that will kill these businesses.  Once our farms close up shop, they will be closed forever."

Long-time trucking facility on West Bergen Road in Le Roy has some neighbors upset

By Howard B. Owens

West Bergen Road has grown into a street of nice homes with well manicured yards for the most part. It's a quint and quiet rural setting.

A trucking facility just doesn't fit the picture, but there's been a truck yard at 8560 W. Bergen Road since at least the 1960s, according to Gene Sinclair, code enforcement officer for the Town of Le Roy.

Sinclair has gotten plenty of complaints about the trucks (The Batavian received a complaint, as well, which is why I went out there today), many of which are refrigeration trucks that are left running day and night.

There isn't much Sinclair can do about it, though, the land was used for its present business long before more recent zoning laws would have kept the operation out of the neighborhood.

There have been unlicensed trucks stored at the property, according to Sinclair, and he can get those removed, but any licensed truck operation is "grandfathered in," Sinclair said.

The business is owned by George Heins. I haven't been able to reach Mr. Heins. Sinclair said George's father owned the land before him.

Woman who works in Batavia injured in skydiving accident

By Howard B. Owens

Kristin Adduci, 33, who works for Lewis and Lewis, a law firm with an office on Park Road in Batavia, is in the hospital following a skydiving accident in Orleans County.

Reportedly, Adduci deployed her chute too late and hit the ground faster than normal.

There's no word on the nature of her injuries.

Kristin and a group of other divers were practicing nighttime jumps at Pine Hill Airport in the Town of Barre on Saturday night.

She was airlifted to ECMC. 

Adduci lives in Buffalo.

Fundraiser planned to help family who's teen son died last month

By Howard B. Owens

Scott "Scotty" R. Johnson was found dead by his parents in his Oakfield home May 25.

He was 19.

His mother is a waitress at Settlers Family Restaurant and friends Sunday, June 14, at 1 p.m. to help raise money to help with expenses, and particularly provide Johnson with a headstone.

The car wash will be held in front of Billy Goats, 345 W. Main St.

Donations will also be accepted.

Today's Deals: Three great shops for finding the perfect gifts

By Howard B. Owens

Three deals today:

Eclectic Creations, 625 E. Main St. (the old Triangle Liquor Store), is just the place to find a unique item for yourself or as a gift. The store is currently offering a special on "the best teacher's gift ever!"  This is a $20 gift certificate for $10.

Essence of Candles: 201 Liberty Street, the only place in town that I know where you can buy candles that were made right at the store location. But a collection of votive candles to sample new scents and create a unique blend of fragrances. This is a $25 gift certificate at MORE than half off -- only $10.50.

South Main Country Gifts, 3356 S. Main St. Road -- a unique location for a unique and bountiful collection of gifts for every occasion.  This is a $20 gift certificate for $10.

A $1 PayPal service fee is applied to each purchase.

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. 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.

Essence of Candles

SOLD

South Main Country Gifts

SOLD

Eclectic Creations

SOLD

New York doesn't regulate or require testing of residential well water

By Howard B. Owens

Here's an interesting story from the D&C that could have local implications: State lacks standards for private well water.

In another test, arsenic above recommended levels was found in the water, and now Wagner faces the expense of hooking up to the public water supply.

"It's the state that let us down," Wagner said. "Everybody should be assured that if a well is tested before the sale of a home, it's fully tested."

New York doesn't require that well water ever be tested at all and there are no state cleanliness standards for private wells. The 10-parts-per-billion federal and state arsenic standard, for example, applies to public systems but not to private wells.

And the state also doesn't know how many wells are in use or where they are. Well-owners in New York — one estimate puts the total at 1.5 million — are largely left on their own.

How's your well water, if that's what you use?  Have you ever had it tested? Have you bought a house only to find the well water wasn't what you expected?  Have you had trouble getting into a water district so you could get off well water?

Police Beat: Batavia man accused of possessing hydrocodone in cigarette pack

By Howard B. Owens

Michael Thompson, 41, of 28 Buell St., Batavia, is charged with criminal position of a controlled substance and criminal possession of a controlled substance outside its original container. Thompson was allegedly found to possess four white oblong pills with markings M/367 in a cigarette pack. The pills are identified by Sheriff's deputies as Hydrocodone.

Carrie Blaszak, 38, of 7893 Townline Road, Bergen, is charged with harassment. Blaszak is accused of having a physical confrontation with another person.

Justin P. McInerney, 20, of 188 Gregory Place, Grand Island, and Steven P. Subsara, 21, of 747 Genesee St., Grand Island, are accused with hosting an under-age drinking party at 8148 South Lake Road, Corfu, early Sunday morning, about 3:30 a.m. Both were charged with unlawfully dealing with a child.

Daniel Denault, 18, of 272 Crowley Drive, Buffalo, is accused of stealing a pack of gum at Darien Lake. He is charged with petty larceny.

Andrew Rogers, 19, 153 E. Hazeltine Ave., Kenmore, was supposed for alleged traffic violations on Route 77 in Corfu and found to allegedly possess marijuana. He is charged with unlawful possession of Marijuana.

A 17-year-old from Lakeview is accused driving while intoxicated at Darien Lake. The youth was reportedly observed driving at a high rate of speed in the parking lot. He is charged with DWI with a BAC of .08 or greater and driving out of restrictions.

Top Items on Batavia's List

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