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Police Beat: Man arrested for alleged endangering a child

By Howard B. Owens

Emmanuel Williams, 33, of Batavia was arrested Thursday night for allegedly having "physical contact with a child less than 17 years old," according to the police report. He is charged with endangering the welfare of a child. Williams is being held on $7,500 bail.

Introducing blogger Tyler Barrett

By Howard B. Owens

We discovered a new local blogger this week: Tyler Barrett. He's a young, aspiring fiction writer. In an e-mail, he told me he's looking for other younger writers in the area who want to work on growing and learning together.

Scott Doll scheduled to be released this afternoon

By Howard B. Owens

UPDATE 4:15 p.m.:  Scott Doll was released this afternoon.

Yesterday, I sent a series of questions about the planned supervised release of Scott Doll to Genesee Justice, which will supervise Doll while he's out on bail.

A few minutes ago, I received this response Tiffany M. Szymanek, Assistant Director:

In response to your inquiry, we are limited in our ability to respond to all of the questions you are asking at this time.  We can confirm that this afternoon the Defendant, Scott Doll, will be released on bail, as well as on Electronic Monitoring, which will be supervised by our office.

Our questions related to the level of supervision and monitoring Doll might receive.

UPDATE: Genesee Justice sent us a PDF copy of a brochure that explains more about the agency's services.

Scott Doll deserves a fair trial

By Howard B. Owens

In all likelihood, Scott Doll will be released on supervised bail today (if he isn't already out of jail).  From all appearances, it looks like he and his attorney are planning a vigorous defense, as is his right.

One of the advantages of the United States is that we have a judicial system that presumes innocence and requires the government to prove its case before incarcerating an accused criminal for any length of time.

Suspects are afforded due process, the rule of law and all of the burden for proving guilt rests with the government.  It isn't up to the accused to prove his lack of complicity.  It is up to the government to win a conviction.

This is good for all of us.  It protects us from arbitrary arrest -- as often happens in less enlightened countries -- and assures us a fair chance to avoid an unjust conviction.

Our legal system isn't perfect, as no human-run institution can be perfect, but it works pretty well.

Based on some comments we've seen on The Batavian, some people are assuming Scott Doll is guilty.  The case against him doesn't look good. He was found covered in blood not far from the scene where Joseph A. Benaquist was found beaten to death. Doll and Benaquist had a prior business relationship. They once worked in the same detention facility.  The circumstantial evidence against Doll is reasonably strong.

But none of us were there. And none of us have yet seen the direct evidence that might convict Doll. 

In our legal system, it's dangerous to jump to conclusions, no matter how compelling the initial case may seem.

Unless the judge grants a change of venue, 12 honorable people from Genesee County will be called upon to judge Mr. Doll's guilt or innocence. Some of those people may be regular readers of The Batavian or aware of the case through other media. It's important that those jurors maintain an open mind, giving Mr. Doll every benefit of the doubt and requiring the government, as is its obligation, to prove its case beyond a reasonable doubt.

The legal system protects all of us. We should be sure to protect and preserve the system.  We're long past the days of vigilante justice and kangaroo courts. Let's keep it that way.

Population declines slow in WNY region

By Howard B. Owens

The Buffalo News reports that while WNY continues to lose population, the declines seem to have slowed, according to recent estimates.

The News reports that Genesee County is down .04 percent.

While he can’t speak directly about the Buffalo region, Jan Vink, a Cornell University research specialist, sees some indication from the census estimates that migration patterns may be changing for the better in the state.

But the shift might have more to do with what’s happening in other parts of the country, whether it’s the job market or a cooling of the housing market.

“Either less people are leaving or more are coming in. I suspect it’s less people leaving,” said Vink, who reviews census data for the state. “It’s kind of an interesting trend going on all across New York State.”

Related: The D&C reports that birth rates in Monroe County, unlike the rest of the U.S., have declined.

Bill Brown: On the disaster of 'urban renewal' in downtown Batavia

By Howard B. Owens

Bill Brown is a fine writer, and his description of Downtown Batavia as it once was on the Daily's Web site is as fine a remembrance of what was lost to "urban renewal" as I've seen:

A generation has grown up that never knew downtown Batavia and its varied and vibrant collection of stores, banks, offices, restaurants and apartments. The generation who does remember had to slug through life without cellphones, laptops, iPods and wall-sized flat screen TVs. So maybe it’s a fair exchange.

Shops occupied the first floor. Offices and other services were upstairs, and apartments took up the third floors. Hundreds of people lived downtown. They patronized the stores, went to the movies, ate at restaurants and window-shopped on busy streets. Dislocating these families and their influence — economic and social — was an unwelcome and unexpected disaster.

...

Gone were Brenner’s Jewelers (It’s Always OK to Owe Herb Brenner’’ but read the fine print). The Bank of America occupies the Main and Bank site. Mancuso Motors with a grand showroom has given way to Tim Hortons. The Mill Outlet where bargain-hunters were lured by popcorn and rummage sale counters is no more. The fortress-like Bank of Batavia was demolished for retailers. Movie fans had four theaters: the New Family and Lafayette on Jackson Street and the Dipson and Mancuso — late ’40s arrivals — on Main Street.

Read the whole thing.

Fruit Crisps catching on in supermarkets, could soon be on Subway menu

By Howard B. Owens

Batavia-based Brothers-All-Natural's dried-fruit snack, Food Crisps, is proving a hit, according to a Democrat and Chronicle story this morning.

Eschewing advertising, Brothers is relying on in-store samples to help promote the product, according to the story.

A test of the product in two Rochester area Subway restaurants is likely to lead to nationwide distribution.

Earlier this month, the company received word from Subway corporate that it could roll out Fruit Crisps to 200 Rochester-area stores. Expansions to other area markets, including Syracuse, Elmira and Buffalo, are on the horizon, and Brothers-All-Natural executives have met with Subway representatives all over the country in the hopes of expanding Fruit Crisps' reach.

"People were very enthusiastic and anxious to bring the product back to their local areas and show their people," said Matt Betters, co-CEO of Brothers-All-Natural

Locally, I know Fruit Crisps are available at The Olive Branch on Ellicott, but I haven't tried the snack yet -- I bought two bags and my wife ate them before I got a chance.

Police Beat: Traffic stop leads to heroin bust

By Howard B. Owens

Michael Maloy, 30, of Batavia, was pulled over by Sheriff's deputies on a routine traffic stop Wednesday when a K-9 dog alerted on the vehicle, according to a Sheriff's Office report.

Further investigation revealed Maloy allegedly had heroin and hypodermic needles in his car.

He was charged with criminal possession of a controlled substance. Bail is set at $1,200.

Scott Doll picks up 47 votes in Corfu election

By Howard B. Owens

CORFU, N.Y. -- Todd Skeet won an easy re-election as mayor of Corfu tonight, but the vote count that will probably get the most attention is the 47 ballots cast for Scott Doll.

Doll is the GOP candidate accused of murder. The unusual Corfu election has received a little national news coverage.

Skeet received 109 votes.

In the trustee vote, Ralph Peterson received 138 votes and Al Graham tallied 97. Ken Laur received 56 votes.

Lorie Longhany, chair of Genesee County Democratic Committee, said: "Todd, Al and Rosey Peterson exemplify a common sense approach to local public service.  They work tirelessly for the betterment of the village of Corfu and that is what local government is about.  I congratulate them on their re-election. The Democratic Committee is proud to have endorsed Todd Skeet and Al Graham."

UPDATE: Here's the official results from the Corfu clerk's office:

Results of Village of Corfu Elections were as follows:
(Winner in Bold & Underlined)
                                                                                                                      

Mayor: (2) Years – Democrat    – Todd A. Skeet          109
Mayor: (2) Years – Republican  – Scott F. Doll           47
        Write –in                David Bielec             2


Two Positions
Trustee: (2) Years – Democrat   – Albert Graham Jr       97
Trustee: (2) Years – Democrat   – Ralph Peterson         84
Trustee: (2) Years – Republican – Kenneth J. Lauer       56
Trustee: (2) Years – Republican – Ralph Peterson         54
          (Ralph Peterson – Total votes  138


Justice: (4) Years – Democrat   – Robert Alexander       85
Justice: (4) Years – Republican – Robert Alexander       62
                                         Total           147

TOTAL NUMBER RESIDENTS VOTING:  165
 

Closure of Pembroke Plaza on Thurway could impact county sales tax

By Howard B. Owens

BATAVIA, N.Y. -- County officials are concerned that the closure of the Pembroke Plaza service area on the Thruway is costing the county sales tax revenue and they're looking to the state for help.

It's impossible to estimate the potential lose in fuel and sales tax because precise business tax information is confidential, according to County Manager Jay Gsell, but such taxes are an important source of revenue for the county.

The issue was raised by Legislator Mary Pat Hancock at Monday's Public Safety Committee meeting and Legislator Jay Grasso accepted the assignment of talking with State Sen. Mike Ranzenhofer.

Grasso works part-time for Ranzenhofer.

"Our first approach is to go through the appropriate channels as far as seeking insight or getting in touch with the right people," Gsell said.

One option, Gsell said, is to convince the Thruway Authority to erect signs letting people know fuel and convenience stores are located at Exit 48-A.

"It's a fairly close alternative," Gsell said. "Pricingwise, it's more competitive, or that's our anecdotal understanding, than what you might typically get at a rest stop."

Directing drivers to an alternative stop in Genesee County will help keep some of that revenue in the County, Gsell said.

Here's the section of the minutes covering the Pembroke Plaza issue:

Legislator Hancock reported that she became aware that the Thruway Gas Plaza in Pembroke was being closed today for renovations and it could remain closed for “several months.” This could have a big impact on Genesee County Sales Tax and she is anxious for everything possible to be done to try and redirect travelers to exit the thruway to make their gas purchases in Genesee County.  Closing this particular Plaza for gas sales means no gas from Angola to Scottsville which could be dangerous to travelers. It was the consensus of the Committee that Chair Grasso will speak to Senator Ranzenhofer to see what might be done to assist in this matter with the Thruway Authority.

I have a call into Jay Grasso to see if he has anything to add, or he can leave a comment.

UPDATE:  Jay Grasso called me as I was driving home, so I couldn't take notes. Hopefully, we can talk more later, but the main point is: A sign did happen to go up Monday evening suggesting 48-A as alternative.

Stafford man accused of threatening another person with a loaded rifle

By Howard B. Owens

STAFFORD, N.Y. -- A Stafford man is facing a felony assault charge after allegedly brandishing a loaded rifle during an argument early this morning.

Michael A. Nicometo, 24, was taken into custody without incident by Sheriff's deputies at 4:40 a.m.

Nicometo is being held in Genesee County Jail on $10,000 bail.

The Weather Service and 'Extreme Cold' alerts for Genesee County

By Howard B. Owens

I've been getting these "extreme cold" e-mail alerts from Weather.com and when I open them the predicted temperature is something like 22 degrees.

After some of the below-zero frigidity we went through the past few months, it's hard to get much concerned about 22 degrees.

Here's the weather forecast for the next 24 hours. Yes, it will get cold -- one last wintry blast, I suppose. There might even be some snow.

Stay safe and stay warm.

Scott Doll could be free on bail, with conditions, as soon as today

By Howard B. Owens

BATAVIA, N.Y. -- Scott Doll, accused of murdering Joseph A. Benaquist, could be released on bail as early as today, according to District Attorney Lawrence Friedman, pending implementation of additional release conditions of the judge and fitting Doll with a GPS tracking device.

Doll must also surrender his passport and his pistol permit. He will also be prohibited from carrying guns.

"This is a unique situation," Friedman said. "It's what I call a hybrid. (In addition to bail) the judge is imposing numerous conditions on his release."

Depending on when all of the conditions of his release are met, Friedman said, Doll could be free either today or tomorrow.

Bail was set at $100,000 cash or $200,000 bond, Friedman said, and the defendent secured a bond.

His next scheduled court appearance is May 20 for pre-trial motions.

Friedman said the investigation is ongoing and there are no new developments that he can discuss.

Asked if a motive has been uncovered, Friedman said, "The nature of our obligation is to prove elements of the case beyond a reasonable doubt. Motive is not an element of the crime, and as you know, both sides have an obligation to ensure a fair trial so motive is not something I would even discuss."

Doll is the Republican candidate for mayor in Corfu and that election is being held today.

UPDATE: The Daily News has additional information from this morning's bail hearing.

UPDATE II: WBTA has audio of an interview with Friedman posted.

UPDATE III: The national media continues to pick up on the "accused killer running for mayor" angle. Here's MSNBC's short story.

Power outage hits 2,200 customers in Batavia and Stafford

By Howard B. Owens

WBTA reports that 2,200 homes and businesses have been hit by a power outage that has also disabled the stop light at Route 33 and Route 5.

The power outage effects the Aldi's shopping center, reaching into the Town of Batavia and Stafford.

UPDATE: Photo of downed lines along Seven Springs Road, submitted by Chris Olin.

Police Beat: Two early morning DWI's in Batavia

By Howard B. Owens

Brian Coffta, 36, of Sanford, Maine, was arrested in Batavia last night, on a charge of aggravated DWI. Coffta was allegedly observed driving in an erratic manner. Police say his BAT was .18 or higher.

Beth A. Brugger, 26, of LeRoy, is charged with aggravated DWI and leaving the scene of an accident. Brugger was allegedly spotted by another motorist driving erratically on Main Street in Batavia. A police officer subsequently observed her swerving on the road and then side-swipe a parked vehicle. Police say her BAT was .18 or higher. She was taken into custody this morning at about 1:20 a.m.

County Public Safety Committee meeting minutes

By Howard B. Owens

PRESENT: Chair Grasso, Legislators Zambito, Cianfrini, and DeJaneiro. County Manager Gsell. Also Present: Legislators Hancock and Leadley, Sheriff Deputy Vllack, Planning Director Duval, Sheriff Maha, Highway Superintendent Hens, Daily News Reporter  Mruzek, and Legislature Clerk Pratt.

Chair Grasso called the meeting to order at 4:30 PM in the Legislature Conference Room.  The minutes of the previous meeting were approved upon motion of Legislator Zambito seconded by Legislator Cianfrini.

Sheriff Maha requested approval of an award of bid for professional assistance with regard to exploring opportunities for new Federal Financial Participation, reviewing prospects for expansion of existing participation and securing additional participation as appropriate for Genesee County.  One bid was received with our current provider, Justice Benefits, Inc. Payment will be in the form of 15% or revenue received.  Last year, approximately $15,000 was received as a result of their efforts.  This was approved for placement on the next Legislature Agenda upon motion of Legislator Cianfrini seconded by Legislator DeJaneiro.

The Sheriff requested approval of a budget amendment in the amount of $5440 to be used for payment of services provided by Bergmann Associates as authorized in October of 2008 from E911 Money from Deferred.  This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator DeJaneiro.

The Sheriff requested approval of a budget amendment in relation to a Homeland Security Grant which has $3067 of remaining funds that can be used in 2009. This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator Cianfrini.  It is understood these funds will be used towards a new emergency response vehicle.

Chair Grasso asked the Sheriff for confirmation that paperwork has been received on new Byrne Grant funding.  The Sheriff stated it was.

Planning Director Duval recommended that a Public Hearing be set to consider inclusion of new parcels into existing Ag Districts as requested during the annual 30 day enrollment period.  One such request was received from the Town of Bergen. The hearing is proposed for April 8, 2009 at 7PM in the Old Courthouse.  This was approved for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator DeJaneiro.

Highway Superintendent Hens recommended three reappointments to the Airport Advisory Board through December 2011.  The members include John Sackett of Byron, Thomas Geles of Darien and Kenneth Alfes of Darien.  This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator DeJaneiro.  Chair Grasso commented these were all excellent choices for the Board.

Highway Superintendent reviewed projects submitted for the Economic Recovery Program and announced that two in the Town of Batavia have been accepted as eligible. The two projects amount to $860,000 and will receive 100% reimbursement which is generally received within 2-3 weeks. The Projects will extend the life of the roads 10-15 years and the work as required, will be contracted out.  The resolution accepting this funding, establishing Capital Projects, amending budget, etc. was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Zambito seconded by Legislator Cianfrini. The timeline is that the design and approval are needed by April, to be bid and awarded by June, completion by September.  Legislator Hancock noted there were three other projects she thought were under consideration and Mr. Hens stated that these will be administered by the State.
Concern was expressed about a possible shortage of asphalt as experienced last year.  Mr. Hens reported that bridges are not covered under the project because the design and approval process is too long to have an immediate effect on the economy.

Mr. Hens reported that Parks Supervisor Osborn has recommended that a 1999 zero turn mower be declared surplus and sold either at auction or under the sealed bid process.  This was referred to Ways & Means with a recommendation for placement on the next Legislature Agenda upon motion of Legislator Cianfrini seconded by Legislator Zambito.

Legislator Hancock reported that she became aware that the Thruway Gas Plaza in Pembroke was being closed today for renovations and it could remain closed for “several months.” This could have a big impact on Genesee County Sales Tax and she is anxious for everything possible to be done to try and redirect travelers to exit the thruway to make their gas purchases in Genesee County.  Closing this particular Plaza for gas sales means no gas from Angola to Scottsville which could be dangerous to travelers. It was the consensus of the Committee that Chair Grasso will speak to Senator Ranzenhofer to see what might be done to assist in this matter with the Thruway Authority.

The next meeting will be April 13th.

The meeting was adjourned at 5:05 PM upon motion of Legislator Cianfrini seconded by Legislator Zambito.


________________________
Jerome Grasso, Chair
Public Service Committee

Submitted 03/17 cpp

County Ways and Means Committee agenda for Wednesday

By Howard B. Owens

WAYS &  MEANS AGENDA
Wednesday, March 18, 2009
Old Courthouse


4:00 PM    Approval of March 4 minutes

4:00 PM    Lorie Cleveland, Real Property Director
1.    Department Review

4:15 PM    Referrals from Public Service
1.    Budget Transfer-Sheriff/Geodatabase Replication Program
2.    Budget Amendment-Sheriff/Homeland Security Carryover
3.    Airport Advisory Reappointment
4.    Establish Highway Capital Projects-Stimulus Package
5.    Surplus Equipment-Parks

County Manager Report
1.    Contract Renewal-NYMIR
2.    Out-of-state travel request-Undersheriff

Administrative Office Report

Chairman Report


REQUESTED ADDITIONS

    John Demske, Nursing Home Administrator
1.    Award RFP-Professional Design Services-Power Grid
2.    Budget Amendment-Capital Project

    Debbie Kerr-Rosenbeck, Youth Director
    1. Americorps Application-Stimulus Funding

    Matt Landers, Deputy Treasurer
1.    GCC Bonding Recommendation from Bond Counsel

    Karen Marchese, Personnel Officer
1. CSEA Contract Negotiations-expected to be held in Executive Session

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