batavia

A 38-year-old driver was injured during the ninth race last night at Batavia Downs.

Kevin Cummings, who was driving 13-year-old square-gaiter Devilinhiseyes, suffered a spill and sustained injuries to his hip and elbow, according to a statement issued by Todd Haight, spokesman for Batavia Downs.

Haight quotes Cummings:

I’m really not sure what happened. Things got tight and the race bike got jerked from underneath me. When the left wheel tipped sideways I knew I was in trouble. I just let go of the lines and landed on the ground.

My hip is really bruised, that’s where I hit the ground and my elbow has a hole in it. I lost a chunk of skin. It's really sore today.

The accident occurred going into the first turn, during the ninth race, a $4,000 claiming trot.

Cummings, a father of four, plans to return to racing on Wednesday night.

Devilinhiseyes was uninjured in the incident, nor were any other drivers or horses hurt.

Joanne C. Buchanan, 50, of Box 70 Country Road Route 37, Central Square, and Jayne E. Best, 52, of 9384 Woodlawn Drive, Brewerton, were arrested for allegedly attempting to evade or defeat tax and possession of untaxed cigarettes. Deputy Tim Wescott initiated a traffic stop for alleged speeding and reportedly found 10 cartoons of cigarettes in the car Buchanan and Best were in.

Donald J. Cummins, 60, of 104 Bernice Drive, Seneca, is charged with DWI. Cummins was reportedly driving westbound on Route 33 at 11:53 p.m. when his vehicle allegedly strayed from the roadway toward the left shoulder striking a road cone. Deputy Kevin R. McCarthy stopped Cummins and found he was allegedly driving while intoxicated. He was also cited for allegedly driving with a BAC of .08 or greater and moving from a lane unsafely.

Susanna E. Venti, 60, of Alexander, is charged with DWI. Venti was stopped by a state trooper on Walker Road in the Town of Darien for allegedly crossing the center line. Venti's alleged BAC was .08 percent. Venti was cited for DWI, failing to keep right and driving an unregistered vehicle.

There was a portion of tonight's City Council meeting where I damn near started pulling out my increasingly graying hair.  I almost posted a message on my Facebook page along the lines of, "I started covering city governments 20 years ago, and there comes a time in way-too-many council meetings where I wonder why we even bother to vote."

Tonight's completely meaningless topic: Whether to give candidates for council seats in the November election copies of complete council agendas prior to council meetings.

Prior to each meeting, the City Council is given a stack of papers containing background material on the items under consideration.  The agenda packet contains memos of staff opinion, letters from concerned citizens, spreadsheets, historical records and other documents that might be germaine to a particular agenda item.

Except for material related to closed session discussions, none of it is particularly precious.

But to hear Frank Ferrando and Rose Mary Christian go on and on about it tonight, you would think these documents were as sacred as the Dead Sea Scrolls.

We heard about what an honor and privilege it is to get the background documents once elected (but not before), and if the council challengers want to be fully informed, all they need to do was show up at the meetings (which, disappointingly, tonight, none of the three challengers -- Phil Ricci, Sara Jane Burk-Balbi and Julie Wallace -- were bothered to attend).

From the Christian and Ferrando perspective, even showing up shouldn't entitle people to the sacred documents. It should be enough just to come and listen to fully understand the issues.

Well, yes, some discussions can be enlightening just from the questions and statements of council members and staff, but having sat through numerous government agency meetings, I can tell you -- it's quite easy to misunderstand or misconstrue the conversation without adequate written background material -- and ideally, material you've read in advance of the meeting. I'm sometimes frustrated by how skimpy the background material actually is with some local public agencies.

But none of the current council members were granted the esteemed privilege of document access prior to election, so why should the new challenges be bestowed such a time-honored trust?

Here's a news flash: The background material is public record.

Here's the very eloquent preamble to the New York's public records' law:

Legislative declaration. The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government.

As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.

The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article (emphasis added, and notice the use of the phrase "leading to").

Once a government agency creates a document that is not otherwise exempt under provisions of FOIL, it becomes public record. It matters not whether it's been distributed to the City Council, the media or the clerk across the hall, or never even leaves the desk of its writer -- unless exempted under specific provisions of FOIL, it is public record. Period.

There was some concern tonight about the costs of creating copies of the background material for candidates, and the council finally decided on a 5-4 vote to make available only four additional copies for any member of the public (not just candidates) to walk into the clerk's office and obtain. But there is a simple solution to the cost issue: PDF. 

The obvious course of action for the city to take -- the needs of some council members to protect their special privileges aside -- is for the city clerk to upload a copy of each agenda and all background material to the city's Web site at the same time it is made available for the council.

This would be most in keeping with the principles of a free and open government.

Those voting against greater government transparency, even at the minimal level eventually passed tonight: Marianne Clattenburg, Kathy Briggs, Ferrando and Christian.

The City of Batavia could reconstruct both Cedar Street and Summit Street at no direct cost to local taxpayers, the City Council was told tonight.

By combining annual federal infrastructure funds the city already gets with an 80-percent funding grant, the city could complete $5.7 million projects by 2012 and not a dime would come from city coffers.

The 80-percent grant is Federal money that is administered by the state.

The city must apply for the grant.

Reconstruction would rebuild the streets rather than just repave them, which was recently done to Oak Street.

Summit will cost an estimated $2.2 million and Cedar, $3.5 million.

The city plans to move ahead with design work that will put it in a position to receive the grants, using funding already available from the feds.

Batavia Little League is planning a series of upgrades to the ball field at MacArthur Park. The plans include construction of new, larger dugouts, a remodeled concession stand and a new, second batting cage.

The Little League will build the improvements and pay for it through its own fundraising and then donate the improvements to the city. The donation of the completed project to the city is required by law.

On the motion of City Councilman Sam Barone, the Batavia City Council tonight put off a vote on forming a commission to create a new charter for a consolidated Batavia.

At the 7 p.m. business meeting, the council had been scheduled to vote on a resolution scheduling a public hearing in order to form a new charter commission.

The commission would have four members appointed by the city along with four appointed by the town.

There was no discussion of Barone's motion to table the vote for now. His motion passed 5-4.

UPDATE: After the meeting, Barone said he thought the current city charter review process should be completed before the city embarks on a new charter process for the proposed consolidation.

A gas leak on Walnut Street in Batavia has not been shut off and the Fire Department is now requesting that southbound Walnut be closed to vehicle traffic.

National Fuel is on scene trying to find the shut off valve.

Apparently the message isn't getting through.  The police are once again asking local media to get the message out: Lock your cars.

A thief or thieves continue to prey on people who leave valuables in unlocked vehicles.

The latest spate of break ins occurred recently on East Avenue, Vine Street, Summit Street and Farwell Drive.

Among the items stolen recently were an iPod and a computer along with small change.

Anybody with information that might lead to the arrest of the thieves are encouraged to call 345-6350. If you see a crime in progress, call 9-1-1.

Police detectives are investigating a case of possible arson stemming from a Jan. 25 fire at 12 Elm St. in Batavia.

Confirming a reader tip, Det. Chuck Dudek said this morning that the investigation is ongoing.

The initial Fire Department press release from that fire:

The first alarm came in for 12 Elm Street with report of a possible explosion and flames showing. Within three minutes, city firefighters arrived on scene and quickly extinguished a fire that was found in the side stairwell of the three-story apartment house. Four residents were alerted by smoke detectors and were safely outside the structure when the firefighters arrived.

Last night. Allison Watson said in the midst of a wind, rain and lightning storm she heard a boom and then the front of her house filled with brown smoke.  When she walked to the side of her house, she wasn't surprised at what she found.

Part of a giant tree in her neighbor's yard had fallen into her home at 14 Warren St.

"I called it," Watson said. "I knew it was going to fall on my house. It was only a matter of time."

Watson said she believes the tree was diseased.

Watson, a 15-year-resident of Warren Street, said it's the second time a branch fell on her property. The first time was a couple of years ago during an ice storm and the branch destroyed her garage.

This time, her car was damaged, but she doesn't know how extensively.

Work crews were on their way this morning to remove the debris.

There were no injuries, Watson said, not even to her pet bird, whose feathers were a little ruffled when its cage was damaged, but is otherwise OK.

Eric C. Smith, 21, of 15 Edwards St., Batavia, is charged with three counts of harassment and one count of disorderly conduct. Smith was allegedly involved in a fight in which he allegedly pushed and punched three individuals. Further, Smith is accused of urinating on the floor and walls at police headquarters while being processed. He was jailed on $2,500 bail.

Kevin Q. Thomas, Jr., 20, of 193 S. Main St., Batavia, is charged with harassment. Thomas was allegedly involved in the same fight as Smith, above, and allegedly pushed another person. He was jailed on $500 bail.

Thomas K. Lee, 14 Highland Park, Batavia, is charged with petit larceny. Lee allegedly stole items from the Kwik-Fill store in Batavia. He was jailed on $250 bail.

James S. Gibbs, 33, of 34 Vernon Ave., Batavia, is charged with criminal contempt. Gibbs allegedly sent numerous text messages to a woman he was barred from contacting. He was jailed on $5,000 bail.

David J. Alvarado, 27, of 2103 S. 9th St., Lafayette, Ind., is charged with DWI. Officer Dan Coffey suspected Alvarado of driving drunk after a traffic stop for allegedly driving without headlights. He is also accused of having a BAC of .08 or greater.

Robert Michael Browne, 48, of 282 Route 20 Road, Room #3, Darien, is charged with two counts of criminal contempt. Browne allegedly violated a court order by going to a residence in the Town of Darien which he had been ordered to avoid.

Charles J. Fetterman, 37, of Lockport, is charged with DWI. Fetterman was stopped by a state trooper after allegedly failing to keep right on Route 20 in Darien. He is accused of driving with a BAC of .10 percent.

Bryan P. Falictico, 20, of Batavia, is charged with DWI. Falictico allegedly failed to keep right on Route 5 in Batavia, which led to a traffic stop by a state trooper. Falictico allegedly registered a BAC of .16 pecent.

William V. Mattucci, 53, of 414 Schenk St., North Tonawanda, is charged with DWI, failure to yield to an emergency vehicle and driving left of pavement markings. Mattucci was arrested in Corfu by village police.

Cynthia L. Carlo, 44, of 10 Gaslite Lane, Batavia, is charged with DWI, with a BAC of .08 or greater and moving from a lane unsafely. Carlo was stopped on Route 98 by Deputy H.J. Carlson early Sunday morning.

Jeffrey J. Klar, 29, 7178 Lovers Lane Road, Cattaraugus, is charged with DWI, aggravated DWI with a BAC of .18 or greater, and leaving the scene of a property damage accident. Klar allegedly drove his car off a grass parking area on Sumner Road in Darien when he reportedly hit another car. He was stopped by a Sheriff's deputy on Sumner Road after allegedly trying to leave the scene.

Victor Trejo, 21, of 4238 West Ave., Elba, is charged with DWI and unlawful possession of marijuana. Trejo was stopped for allegedly speeding on Bank Street Road in Elba.

Luke W. Ritzenthaler, 26, of Batavia, is charged with unlawful possession of marijuana. Ritzenthaler was allegedly found in possession of a pipe containing marijuana residue. He is also charged with operation a motor vehicle on a revoked license.

Patrick J. Lamendola, 48, of Rochester is charged with DWI. Lamendola was stopped by a state trooper for allegedly driving down the shoulder of Route 19 in Pavilion. Lamendola's BAC was reportedly .09 percent.

Today is supposed to be one of the warmest days of the summer (not a difficult claim to make).   I guess if we hang in there, the weekend is supposed to be clear, rain free and in the 80s.

A tree has fallen on a house at 21 Warren St. in Batavia, causing significant damage to the roof.  No injuries are reported.

Meanwhile, a power or telephone poll at 99 Jackson has been struck by ligtning. (UPDATE: Not sure if related, but also a poll on Center Street has been struck, but no lines down.)

Also, a tree is down and blocking Ellicott Street Road.

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UPDATE: Here's the radar map at 10:25 p.m.

Three people were reportedly injured in a three-car accident at Oak Street and Richmond Avenue.

Traffic is blocked at this time and two cars will need to be towed.

Emergency crews are on scene now.

A fire alarm has sounded at 229 Summit St., Batavia. Batavia Fire trucks are responding.

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Batavia Downs is celebrating a world record set in 1977 by a horse named Excalibur, with Fred Haslip at the controls. Excalibur set the world record for a double-gaited gelding when he trotted home in 2:03.3. That matched his lifetime best pace record. The combined time of 4:07.1 erased the previous record, set by Leon in 1939.

Full press release after the jump:

Batavia, NY --- It was one of the biggest nights in Batavia Downs history. A new world record and new track record in the same night, and it came 32 years ago.

Excalibur, with Fred Haslip at the controls, set the world record for a double-gaited gelding when he trotted home in 2:03.3. That matched his lifetime best pace record, set earlier in his career. The combined time of 4:07.1 erased the previous record, set by Leon in 1939. His time was 4:07.5, performed in an era before time was kept in fifths of a second.

Later that same evening Stanley Dancer would team the great pacing filly Mistletoe Shalee to a new track record, when she went wire-to-wire in 1:59.1, in a New York Sire Stakes event for 3-year-old pacing fillies.

On Saturday night (August 8), Batavia Downs Casino continues its tradition of honoring a horse that has a profound impact in the history of harness racing in Western New York. This year we honor Excalibur, the locally owned horse that set the world record back in 1977.

The sensational double-gaited gelding came on the local scene as a pacer in 1972 when Fred Haslip and Paul Zambito, Jr. purchased him for $3,500, an excellent investment considering he made his owners almost $200,000 lifetime. Driver, trainer, and co-owner Haslip used Excalibur predominately as a pacer until he was a 6-year-old, but noticed he did not take kindly to hobbles.

“I never dreamed he wanted to trot until 1974 when I had trouble getting him going in training. He had been a decent pacer up until that point and was making money, but he wasn’t happy on the pace,” Haslip remarked in 1977.

Additionally, upon further investigation in 1974, Haslip discovered that Excalibur’s mother, Spanish Lady, was a royally bred trotting mare.

His best mile as a pacer was 2:03.3, set in 1974.

Between 1975 and 1977, Haslip used Excalibur to his strength as a double-gaited gelding, competing in pacing and trotting events each year. However after the 1977 season Excalibur would strictly remain on the trot.

During his career he would start 169 times and make 50 winner's circle appearances. He notched 12 victories with hobbles on and 38 as a square gaiter. Excalibur raced until the veteran age of 14, retiring in 1982. His combined lifetime earnings were $196,668.

He was always a force in the featured trotting events at Batavia Downs and Buffalo Raceway and because of his uniqueness, a fan favorite.

Come out to Batavia Downs Casino this Saturday as we honor the gusty gelding by rolling back prices to 1977. Zweigles hot dogs and sodas will be just 50 cents beginning at 5:30 p.m. in the Paddock Room all night long. The Batavia Downs program will feature a special four-page insert with newspaper clippings and photos of Excalibur, as we take a walk down memory lane.

Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino