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Hawley weighs in on 'the good, the bad and the ugly' aspects of budget extentions

By Billie Owens

Assemblyman Steve Hawley issued the following news release today after Albany passed its 11th "budget extender."

“After two and half months, and 11 emergency budget extenders, New Yorkers are still without a state budget. In that time, we’ve seen our schools, local governments, contractors, state parks, and small businesses left in jeopardy as their fates have been left in the hands of weekly budget extenders.

"Although the ‘good’ that has come out of these extenders includes the reopening of state parks, some contractual obligations being met, school districts receiving their state aid, and other essential state services remaining open, the ‘good’ has without a doubt come with plenty of ‘bad’ and ‘ugly’ costs.

“The bad consists of the simple fact that since April 1, the more than $9 billion budget gap has hardly been addressed. Instead, the most recent extenders have raised fees by nearly $4 million, raided $80 million from the Environmental Protection Fund, and introduced ‘savings,' rather than make the real cuts that are needed.

Additionally, this process does not allow schools, local governments, and businesses with state contracts to formulate their own budgets. Even uglier, because of the lack of a transparent budget process, the ‘three men in a room’ may close these budget shortfalls with more taxes, more state borrowing, and even more of the special-interest-driven backroom deals that put our state in this fiscal crisis to begin with.

“These budget extenders are simply laying the framework for another over-bloated state budget to be passed through a piecemeal process. I again voted against the budget extenders and ask that my colleagues in the Assembly and Senate majorities open up the budget process, allow needed input from rank-and-file members, and see to it that it is passed immediately.”

Officials looking for more action from residents as drive for public water stalls in Town of Batavia

By Victoria Gooch

If people in the Town of Batavia want public water, they are going to have to let it be known and help lobby for grant money, according to town officials.

Government tests on private wells show there is contamination of varying degrees, which is, of course, unhealthy. The arduous process of getting loans and grants approved to extend public water lines calls for a united, consistent effort to make it happen, says Town Engineer Steve Mountain.

"We at the town can only do so much," Mountain said. "We are no further along than before but we have all the necessary information."

There are meetings planned with officials at all levels of government, regulatory agencies and scientists. Grant applications were sent to the USDA three months ago, but perhaps due to a backlog of applications in a sluggish economy, there's no word yet on the status.

Without grants, estimated annual water costs for residents would be:

  • Creek/East Roads -- $1,190
  • Pratt Road -- $1,982
  • Wortendyke Road -- $2,230
  • Batavia northeast of Rte. 98 -- $1,940
  • Batavia northwest of Rte. 98 -- $1,667.

Estimated costs with grants would average of $750 per year per household in the water districts.

A Batavia Town Board Meeting is at 7 tonight and residents are encouraged to attend to learn more about the well contamination problem, what is being done about it and to let their wishes be known regarding establishing public water districts.

If they want to continue working to bring public water to the area, they need to step it up and if there's a lack of interest, say so, Mountain said.

To move ahead, a resident from each proposed water district will need to circulate a legal petition in order to proceed. The legal approval process can take anywhere from a few months to two years.

In addition, Mountain said he encourages residents to send letters to county, state and federal officials.

The short list would include Congressman Chris Lee, senators Mike Ransenhofer, Kirsten Gillibrand, Charles Schumer, Assemblyman Steve Hawley and the Genesee County Legislature.

The area of initial concern regarding well-water quality was State Street, Batavia-Elba Townline and Bank Street roads and tests in this area were funded by the Department of Environmental Conservation.

Testing was eventually done on all private wells, and the additional testing was paid for the town.

Fourteen out of 38 well tested positive for bacteria and 12 out of 13 had elevated nitrate levels between 0.05 parts per million (ppm) and 9.99 ppm. One out of 13 had nitrate levels greater than or equal to 10 ppm.

Police Beat: Attica man accused of sending threatening messages on Facebook

By Howard B. Owens

Joshua John King, 21, of 42 Genesee St., Attica, is charged with harassment, 2nd. King is accused of using his account on Facebook to send threatening messages to another Facebook member.

William D. Hirsch III, 23, of 11025 Buckman Road, Bethany, is charged with burglary, 2nd, criminal contempt, 1st, and stalking, 4th. Hirsch is accused of showing up at the house of a protected person and entering and staying without permission with the intent to stalk that person. He's also accused of sending text messages to that person, whom he was ordered not to contact. He allegedly caused that person to fear for his or her safety. He was jailed on $10,000 bail.

Philip M. Niccloy, 23 of 75 Summit St., Le Roy, is charged assault, 2nd. Niccloy allegedly punched another person in the face, causing extended pain, numbness and diminished eye sight and multiple fractions of the victim's facial bones. He was jailed on $2,000 bail.

Andre Leigh Little, 21, of Ham Road, Alabama, is charged with petit larceny. Little allegedly stole three pre-paid phone cards from the TA Travel Plaza.

Jasmine Lynn Oliver, 20, of Water Street, Attica, is charged with petit larceny. Oliver was taken into custody on a bench warrant out of Niagara County.

Photos: Time for locally grown fresh fruits and veggies

By Howard B. Owens

We're starting farmers market and road-side stand season, so good fresh fruits and vegetables will be bountiful (can't wait for the sweet corn to arrive). Yesterday, the farmers market at Batavia Downs opened. Tomorrow, the downtown public market at Center and Ellicott will open.

Sandra Cassandra sells a bag of cherries to David Hiscutt.

Researcher looking for information on WWII airman from Batavia

By Howard B. Owens

Do you know any of the men in this photo? Researcher and historian Teunis Schuurman from the Netherlands is trying to identify all the men, who were aboard a plan believed to have crashed in his hometown during World War II. He believes S/Sgt. Joseph Deffner, from Batavia, is in the front row, but isn't entirely sure which man he is. He's hoping for help in identifying him as well as finding out as much information about him as possible. Teunis can be reached at teun.pats@gmail.com.

The time for regular visits with friends at Dwyer is quickly approaching

By Howard B. Owens

When you attend a Batavia Muckdogs game at Dwyer Stadium, if you think you're there to watch a baseball game, you've missed at least 65 percent of the reason to be there on a warm summer night.

The main reason to be at Dwyer is the people the stands -- your neighbors, friends and family -- and if you don't know anybody, just start talking, you'll soon make a new friend.

Bill Kauffman writes a lovely tribute to his friend Dennis Bowler for the Front Porch Republic, St. Dennis of the Bleachers.

The home opener for the Muckdogs is Saturday.  I hope to see you there.

Photos: Flag Day ceremony at American Legion, Batavia

By Howard B. Owens

Jane LaWall, above, attended the flag burning ceremony at the Batavia American Legion this afternoon to honor her late brother George Fry, who was killed in action in Vietnam in 1969. Also participating in the Flag Day ceremony were Ron Konieczny and Paul LaValley, as well as (in pictures below, after the jump), John and Karen Bannister, Jim Neider and Kristen Sikora.

 

Photos: Leadership Genesee bocce ball tournament at Terry Hills

By Howard B. Owens

Leadership Genesee was at Terry Hills today for a golf tournament and a bocce ball tournament. Above Sara Mattingly tosses a bocce ball while competitor Susie Boyce behind her roots against her effort.

Three more pictures after the jump:

The two teams competing for the short time I was there were comprised of, from left, Susie Boyce, Jane Scott, Gwen Wuest, Marie Nettnin, Lorie Stupp and Sara Mattingly.

Police Beat: Elba man accused of possessing unregistered handgun

By Howard B. Owens

Fernando Casteneda, 47, of Transit Raod, Elba, is charged with criminal possession of a weapon, 4th (unlicensed handgun). Deputy Chris Parker responded to Casteneda's residence at 9:52 a.m., Sunday, following a complaint of an alleged domestic dispute in which it was reported Casteneda had a gun. Casteneda is accused of possessing an unlicensed Hi Point 40 Cal semi-automatic pistol.

Lucus M. Hamlin, 32, of Canaseraga, is charged with DWI and driving with a BAC of .08 or greater. Hamlin was charged for allegedly driving drunk in the Darien Lake parking lot at 12:16 a.m., Sunday.

Justin D. McQuillen, 21, of Freeman Road, Byron, is charged with DWI and speeding. McQuillen was stopped at 11:52 p.m., Saturday, on Route 237, Byron, by Deputy Chad Minuto.

Raymond William Schramm, 24, of W. Main St. Road, Batavia, is charged with endangering the welfare of a child. Schramm was charged after a 4-year-old child reportedly entrusted to his care was found wondering on the shoulder of Route 5.

The following individuals were charged with disorderly conduct following an alleged fight at Darien Lakes Theme Park at 9:15 p.m., Sunday: Octavia M. Kimble, 19, of Rochester; a 17-year-old from Rochester; Tara B. Moore, 19, of Rochester; Corey M. Bogdanovitch, 21, of Waterloo; a 17-year-old from Rochester; Katlin C. Baily, 18, of Clyde; Tasia D. Blocker, 20, of Rochester.

Theodore D. Lazik, 27, of 73 River St., Batavia, is charged with DWI, running a red light and unlicensed operation. Lazik was stopped by Officer J.A. Davis at 10:35 p.m., Saturday, at the intersection of Main and Bank streets.

Katrina I. Drake, 20, of 21 Wood St., Batavia, is charged with criminal mischief, 4th. Drake is accused of breaking the window of a neighbor's house on Friday. She was located and arrested on Saturday.

Gregory Seppe, 52, of Batavia (no permanent street address), is charged with attempted petit larceny and criminal trespass, 3rd. Seppe is accused entering the rear fenced yard of a local resident and attempting to steal a portion of the white vinyl fence. Seppe was reportedly observed by the resident. Seppe was jailed on $1,000 bail.

Brittany LeeAnn Ellis, 21, of Mill Street, Nunda, was arrested on a bench warrant for petit larceny. Ellis was turned over to the Genesee County Sheriff's Office by the Livingston County Sheriff's Office.

A 17-year-old is charged with petit larceny and illegal entry into the country. The youth was allegedly caught concealing two bottles of cologne in his pants pocket. He allegedly left the Kmart store without paying for the cologne. After receiving an appearance ticket for the alleged petit larceny, he was turned over to ICE on the immigration charge.

A 16-year-old from Albion is charged with petit larceny for alleged shoplifting from Kmart.

Steven L. Maltese, 41, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Maltese was stopped by State Police at 12:05 a.m., Saturday, on Center Street, Batavia.

DWI charge made following accident that led to car fire

By Howard B. Owens

An accident on Prole Road, Stafford, early Sunday morning led to a vehicle fire and an arrest for the 21-year-old driver on a charge of alleged DWI.

Adam B. Thomas, of 191 S. Main St., Batavia, was headed North on Prole at 5:33 a.m. when his 1999 Dodge sedan reportedly left the road, hit a rock pile and then a group of trees before catching on fire.

Thomas allegedly fled the scene and was located later.

The accident was investigated by Deputy Tim Weis, who charged Adams with DWI, driving with a BAC of .08 or greater, leaving the scene of an accident, unlicensed operation, no seat belt, driving on a suspended license and speeding.

Churchgoers get down and dirty with planting project

By Daniel Crofts

From left: Two unnamed memebers of the Batavia's First Presbyterian Church, Beth Stich and Judy Tomkinson.

 A plot of land on South Main St. Road will once again be the site for the second annual "God's Little Acre" planting project of Batavia's First Presbyterian Church.

Members will be growing a variety of crops throughout the summer and into the fall, including tomatoes -- regular, cherry, Roma and beef steak -- pumpkins, winter and summer squash, cucumbers, zucchini and corn. All products will be donated to community members in need (shut-ins, for example).

"We'll probably be out here a couple times a week," Stich said. "It'll be on an as-needed basis."

More pictures:

 

 

The land is owned by J.C. Riley, who has allowed First Presbyterian to use it for this project the past two years.

Volunteers are welcome to assist with planting, weeding, watering and harvesting. If you are interested in helping, please contact the church office at 343-0505.

Photos: St. Joe's lawn fete

By Howard B. Owens

Last night was the annual Lawn Fete at St. Joe's -- a good turn out and lots of laughter and smiles, as always.

More pictures after the jump:

Huge garage sale on Stringham Drive causing traffic snarl

By Howard B. Owens

Sheriff's deputies are responding to Stringham Drive where a huge garage sale is apparently causing traffic and parking problems.

Some people have apparently parked in such a way as to potentially block the fire trucks at the Town of Batavia fire station at the intersection with Clinton Street Road. Those cars may be towed.


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Van fire reported in westbound lane of Thruway, East Pembroke

By Howard B. Owens

A van fire has been reported in the area of mile marker 396.1 of the Thruway.

Several callers reported the fire.

East Pembroke and Town of Batavia have been dispatched.

A chief reports the fire was knocked down with available fire extinguishers while awaiting fire truck response, but the fire is starting to go again.

UPDATE 3:56 p.m.: Traffic is stopped in the westbound direction.

UPDATE 5:27 p.m.: Fire units cleared the scene some time ago and traffic is starting to flow again. Photo by Destin Danser.

Detectives aiming for thorough investigation in Wiard Plow arson

By Howard B. Owens

While police investigators have concluded the Wiard Plow factory fire was intentionally set and they have at least two suspects, no arrests have been made yet.

"We're still trying to nail down a few things," said Det. Kevin Czora, who has been leading the investigation.

A number of youths may have been involved in setting both fires in the historic factory building on May 8. The first fire did little damage and was put out quickly. The second fire several hours later leveled the back part of the old brick, steel and wooden structure.

At least one person was present at the ignition of both fires, Czora said.

Czora said he doesn't know why the youths set the blaze.

They may have used accelerants to help push along the second fire, but lab results are not back yet.

After the State's fire dog, "Shadow," alerted on chemicals on the old factory floor, investigators attempted to gather traces of whatever chemicals were on the floor to send to a crime lab.

Detectives conducted numerous interviews over the past several weeks, Czora said. The interviews were key both in identifying suspects and corroborating statements.

In a release about the investigation earlier today, the PD said evidence used to crack the case included "electronic" evidence. Asked if that meant phone calls or text messages or cell phone photos, Czora just said, "communications."  He said the communications included suspects and witnesses.

The youths apparently entered the factory buildings without permission on dates previous to the fire, Czora said.

The case has taken a long time to develop to this point, Czora said, because investigators are trying document as many details as possible.

"Because of the scope -- the evidence, the witnesses, the suspects -- we just needed to make sure we investigated thoroughly and completely so as to make sure nothing is unidentified or missing from the investigation," Czora said.

It will be up to County Attorney Charles Zambito to file charges once the investigation is complete, and the youths will be dealt with in family court.

'Toxic odor' reported on Pearl Street

By Howard B. Owens

City Fire is responding to a report of a "toxic odor" in the area of the Sugar Creek Store, 189 Pearl St., Batavia.

Engine 12 is responding "non-emergency" to investigate.

UPDATE 12:07: We've not heard any more about this.


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Police Beat: Student accused of bring drugs to Darien Lake

By Howard B. Owens

Kevin Andrew Hinca, 18, of Brunswick Road, Depew, is charged with criminal possession of a controlled substance. Hinca was reportedly on a 12-grade field trip from a high school in Erie County to Darien Lake. He was allegedly found at Darien Lake in possession of hydrocodone and MDMA, commonly known as ecstasy.

James Thomas Pero, 18, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Pero was allegedly found in possession of marijuana in the parking lot of Batavia High School following a random sniff search with the Sheriff's Office K-9. The search was conducted at the invitation of the school.

Megan T. Suttell, 20, of Oakfield, is charged with unlawful possession of marijuana. Suttell was cited by State Police at 12:25 a.m., Thursday. No further details were released.

Juveniles are suspects in Wiard Plow factory arson

By Howard B. Owens

Unidentified juveniles are being blamed for the fire that destroyed a portion of the Wiard Plow factory building on May 8.

Following a weeks-long investigation, Batavia Police detectives have concluded the fire was arson.

In a news release this morning, the department said numerous interviews of suspects and witnesses as well as electronic and physical evidence led to the identification of the suspects.

Because of their age, the case against the suspects will be referred to family court, where defendants names are kept confidential.

If dogs could talk, it would be funny - and instructive, says trainer

By Victoria Gooch

Oakfied resident Jim Beverly is a dog lover who has always wondered what his dogs were thinking -- or what they would say if they could talk.

And as an animal trainer who has four-legged hunting partners, he thought it would be interesting to produce a DVD that would use his talents, teach people something and be amusing, too.

So he created what he dubbed the "Fun DVD," which he is selling to help the Batavia City Church finish its kitchen project in the Generation Center. He is a member of the congregation. The rest of the money will go to Roswell Cancer Institute in Buffalo where his wife has been treated for a rare form of the disease.

"My mission in life is to help anyone I can with the talents and opportunities that God has entrusted me with," Beverly said. "The more pictures I looked at and the situations the dog was exposed to, the more I started imagining some funny remarks or thoughts that that particular animal may have had at the time.

"It's amazing at some of the things we demand and ask of our four-legged hunting partner."

Although his education is in marketing and engineering, his passion is retrievers and waterfowl hunting.

He has learned that a dog is a never-ending learning experience and it can always keep you on your toes.

"My filming project is going to be a down-to-earth retriever training DVD focusing on the everyday retriever owner and my techniques God has blessed me with. ... The education, experience and faith that I have is what has allowed me to be in the top of my profession.

There may be nothing quite like this DVD on the market. Beverly has done very little editing in order to show different personalities of dogs and how to deal with the training issues of each one.

"As I tell young people that happen to be attending any of my appearances, I did not take dog training 101, but a good education is the first step toward being able to choose what you want to do rather than being forced into something just to earn a living."

The DVD can be ordered directly from Beverly. Cost is $18, including shipping. His phone number is (716) 474-4661.

Beverly is working on another video that he plans to release next year.

Police Beat: Batavia woman accused of writing bad check in Corfu

By Howard B. Owens

Paula Ann Kingdollar, 41, of Bank Street, Batavia, is charged with issuing a bad check. Kingdollar is accused of writing a check on a closed account in September, 2009, at a business in Corfu.

Joshua Paul Piscitelli, 25, of Eagle Harbor Road, Albion, is charged with unlawful possession of marijuana. Piscitelli was stopped by Deputy James Diehl at 9:34 p.m., Wednesday for an alleged traffic violation on Quaker Hill Road in Elba.

James A. Mitchell, 32, of 3 Maple Ave., Le Roy, is charged criminal possession of stolen property, 5th. He was arrested by Le Roy Police.

Anthony J. Donoghue, 27, of 6 School St., Le Roy, is charged with two counts of criminal possession of stolen property, 5th, and possession of an altered vehicle document. Donoghue was arrested by Patrolman Daryl Robb of the Le Roy Police Department. It was alleged that Donoghue unlawfully possessed one license plate and one vehicle registration belonging to another and also that he altered the vehicle registration.

Two youths from the Town of Batavia were arrested by State Police and charged with criminal mischief. One youth is 16 and the other is 12. Both are males. The alleged incident occurred at 5:31 p.m., March 25. The alleged incident occurred in the area of 8792 Haven Lane, Batavia. No further details were released.

Accidents from the State Police blotter:

2:08 p.m., June 8, Morganville Road, Stafford, three vehicles; Driver 1: Dianne D. Callisher, 51, Batavia; Driver 2: Craig A. Tiberio-Shepherd, 20, of Le Roy; a third driver was not identified. No injuries reported.

5:15 p.m., June 7, West Saile Drive, Town of Batavia, two vehicles: Driver 1: Joni L. Brown, 20, of Batavia; Driver 2: Dodie L. Keller, 39, of Akron. One injury reported.

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