Stories from

A car has taken out a fire hydrant on 7707 Townline Road, Bergen.

The driver reportedly blacked out momentarily. His airbags deployed. Mercy EMS is responding along with Bergen Fire.

New Today, Kravings, Valu Plaza, West Main Street, Batavia, N.Y. : Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

SOLD OUT

Many of us, I think, had our lives changed and perceptions of the world altered by 9/11.  Some, of course, were affected in very direct personal ways, often tragic ways. For many of us, we were just observers, but still found the events momentous and unforgettable.

On Sept. 11, 2001, I was a manager in the Ventura County Star's online department. On that morning, my wife was up early getting ready for work and I was snoozing through my second alarm when Billie walked in and told me Dave Smith was on the phone. Dave had never called our house before. He was the editorial page editor. He had no reason to call me ... unless something very big was going on.

"Two planes just flew into the Twin Towers in New York," he told me.

I jumped out of bed and turned on CNN.  My job was to get the news on our Web site. I tried to hit other major news sites to grab an Associated Press story, but all the major news sites had crashed due to the heavy traffic. I had to write the initial story for our own Web site from what I was seeing and hearing on TV. It would be 30 minutes before an editor with access to our online system would be in the office and could post the AP story.

And so began perhaps the longest news cycle in my adult life -- a news cycle that would last for a couple of years, carrying us through the invasion of Iraq  -- and it is a news cycle that in many ways, still isn't over, even though most individuals have found ways to move on with their lives.

Sept. 11 is a long shadow that hangs over world affairs and personal lives. It effects our foreign affairs and figures into nearly every aspect of our national politics. 

Even if we would rather forget, we can't forget and perhaps shouldn't forget 9/11.

What are your 9/11 thoughts?

GCC officials today acknowledged that popular volleyball coach Roger Majeski violated recruiting rules, but asserted that GCC officials brought the violation to the attention of the athletic governing board.

The National Junior Athletic Association suspended Majeski, as first reported in The Batavian, for a recruiting violation. The team was also forced to forfeit five games, and the freshman player is ineligible for the remainder of the season.

School officials today issued a press release that said the school was fully cooperative with the NJCAA and agreed the organization's response was appropriate.

Majeski reportedly personally paid for a visit to Batavia by a recruit from California, and in such circumstances, the player must return home within 48 hours. In this case, the player did not return home within the stipulated time.

Full press release after the jump:

Batavia, NY – In response to a recent inquiry, Genesee Community College Athletics Department has confirmed that the National Junior College Athletic Association (NJCAA) has issued a statement of disciplinary action relating to Roger Majeski, Genesee’s Women’s Volleyball Coach. The action came about as a result of a single recruitment violation. Coach Majeski has been suspended from Genesee’s next seven volleyball matches. The action also required that the Women’s Volleyball team forfeit the first five games of this season. 

Coach Majeski personally funded a recruitment visit of a prospective volleyball player from California. NJCAA Guidelines stipulate that prospective players must either pay for their own transportation, or return to their home residence after a 48 hour period. The player did not meet the required time stipulation for returning home.

Coach Majeski took full responsibility for not staying within the guidelines. Both he and Margaret Sisson, Genesee’s Athletic Director, acknowledge the appropriateness of the NJCAA findings and their actions. Ms. Sisson was quick to point out that the action by the NJCAA came about only after the College found about the violation and the College self-reported the issue to the NCJAA. Ms. Sisson said that while it is regrettable, the College feels it must adhere to the spirit and the literal interpretation of the rules and regulations established by the NJCAA. ]

The fight to repeal a two-percent utilities is gaining supporters, according to Assemblyman Steve Hawley.

Hawley announced this afternoon that bi-partisan support for his legislation to repeal the tax has received the backing of more than two dozen Assembly members.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Full press release after the jump:

Press Release:

As the original author of legislation to repeal the new two percent tax on utilities, Assemblyman Steve Hawley (R, I, C – Batavia) is pleased to report that his legislation has now gained the support of over two dozen, bipartisan members of the State Assembly.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Assembly Bill 9098, authored by Hawley, will repeal in full the increased tax on utilities, which now totals 2 percent of a consumer’s bill.  The tax increase was made as part of the enacted 2009-10 State Budget, which Hawley opposed.  The newly increased tax went into effect on July 1, 2009 and will cost average homeowners an increase of $40 to over $200 annually.

Hawley’s bill, A.9098, has been introduced and referred to the Assembly Committee on Corporations, Authorities and Commissions for their review.  With four members of this committee signed on to support this bill so far, and the growing support for the initiative with the public, Hawley is hopeful that the bill will be addressed when the Assembly is called back into session.  

“This winter is going to be tough for many New Yorkers, especially seniors here in Western New York, to afford their utilities.  Already, in previous years, we have seen seniors forced to choose between food, prescriptions and heat.  This increased tax compounds that problem and that’s why, before this winter, I hope that we can repeal this excessive tax,” said Hawley.

The Assemblyman is not only working across the aisle to garner support for this bill; he is looking at both houses.  As previously announced, State Senator Michael Ranzenhofer has agreed to carry the bill in the Senate and together he and Hawley are working to encourage more senators to support the bill as well.

    Members of the public who would like to see the 2 percent utility tax repealed should contact Assemblyman Hawley’s office to sign his petition, which will be delivered to the Governor.  Residents should also write to the Chair of the Assembly Corporations, Authorities and Commissions Committee, Richard Brodksy and ask that he immediately take action on the bill.  You can contact Assemblyman Brodsky by writing, calling or emailing at the following:

The Honorable Richard Brodsky
Chair, Assembly Corporations, Authorities & Commissions Committee
5 West Main Street, Suite 205
Elmsford, NY 10523
Phone: (914) 345-0432
E-mail: brodskr@assembly.state.ny.us

The state is not looking takeover Off Track Betting operations, Assemblyman Steve Hawley said in a press release today.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

Last night, the Genesee County Legislature passed a resolution opposing any effort by the state to take over OTB facilities, especially Batavia Downs.

Full press release follows the jump:

Press Release:

A member of the Assembly Racing and Wagering Committee, Assemblyman Steve Hawley (R, I, C – Batavia) would like to assure all residents that rumors currently circulating of a state takeover of Off Track Betting (OTB) operations are untrue.  The Assemblyman has been vital in brokering racing and wagering agreements with the state, such as the new New York Racing Association (NYRA) agreement that increased revenues for Batavia Downs.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

The state took over New York City OTB in June 2008; however, due to mounting problems, on September 1, 2009, Governor Paterson signed an executive order allowing the NYC OTB organization to file for reorganization under Chapter 9 of the federal Bankruptcy Code (executive order #27).  In that executive order, the Governor has directed NYC OTB to put together a restructuring plan within the next two months.

Contained in the 2008 legislation allowing the state to take over NYC OTB, the State Legislature also appointed a task force to study regional OTB corporations.  Their report is due later this fall.

Both of these actions have helped to fuel rumors that the task force would “rubber stamp” a rumored initiative for a state takeover to allow OTB revenues to be moved from local governments to the state’s General Fund to balance budget deficits.

In order for the state to take over OTB corporations across the state, there would need to be legislation drafted and moved through both houses.  However, at this time, there is no such legislation, nor have there been discussions to draft or introduce any legislation of the sort.

Assemblyman Hawley stated, “I can certainly understand the concern: last year the Governor swiped money from snowmobilers, this year he chose to give $200 handouts to recipients of social services instead of renewing the STAR rebate program.  Both of his budgets have been excessive in their spending, irresponsible and secretive in their negotiations. When it comes to making fiscal choices, there is a reason why New York State residents are skeptical of the Governor doing the right thing.  However, at present, I would like to ensure all residents that there have been no discussions about a state takeover of OTB operations.  Furthermore, I am adamantly against such a proposal and will fight it tooth-and-nail should such a proposal be made.”
 

John W. Brown, 29, of Le Roy, is going to prison for having sex with a 13-year-old boy in Livingston County.

Brown was sentenced to five years in prison by Livingston County Court Judge Dennis Cohen.

Once released, Brown will also be supervised for five years.

Brown was convicted of having sex with the boy in November, on his 29th birthday.

Source: Democrat and Chronicle.

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

They used to hang horse thieves, but what about people who heist classic ponies?

State Police are looking for help in locating a 1965 Ford Mustang that was stolen from a commercial lot in Newstead.

The car was being repainted and had the front bumper, front grill and headlights removed.

Anyone who may have seen this vehicle or with information on this investigation is asked to contact the New York State Police in Clarence at 716-759-6831.

UPDATE, Friday, 10:30 a.m.: Just received this message from the State Police:

Reference the attached press release sent on 09/10/09, this stolen vehicle was recovered at 9:15am in the Town of Newstead after someone read the artice in the Buffalo News and noticed the vehicle sitting unattended.  No arrests have been made at this time.

File photo of a similar car supplied by State Police.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Total Image - Dawn Williams, 226 Ellicott St., Batavia, N.Y.: Dawn offers  clipper cuts for men, women and children, as well as coloring, highlights, perms and waxing. We have a $22 gift certificate for $11.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

A suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance.

Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.

Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.

Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.

UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.

Jennifer A. Benhatzel, 32, of Basom, is charged with identify theft, possession of a stolen credit card and forgery. Basom was arrested earlier this month by the State Police. She is held without bail. The alleged crimes took place at Smokin' Joe's in Lewiston. The case remains under investigation.

William A. Andrews, 29, of 16 Ross St., Batavia, is charged with criminal mischief. Andrews allegedly slashed the tires of a neighbor's vehicle. He was jailed on $2,000 bail. The arresting officer was K. M. DeFelice.

Volunteer firefighters in Byron and South Byron say they need more money to support their operations.

The Town of Byron board hasn't given either department a budget increase in three years.

Apparently, the two sides have been growing increasingly frustrated with each other.

Attorney Brad Pinsky, from Syracuse, who started representing the departments about a year ago, thinks there may be a way to resolve the disagreement.

Pinsky spoke to the town board at its meeting Wednesday night and walked away with an agreement for the board to appoint two members to study the issue. In addition, the fire departments promised to present a plan and spending priorities so the board better understands how its money is being allocated.

"I promise you, we'll come to you with our needs and not our wants," Pinsky said.

Each department receives about $68,000 annually from the town, yet each year the departments have an excess of $100,000 in operational expenses.

This budget deficit has forced the departments to turn increasingly to their own fundraising, which the firefighters say isn't how they should be spending their time.

"You've got to be concerned if your firefighters are out fundraising and not training and not fighting fires," Pinsky said.

Fundraising should be for extras, for wants, such as items for the fire hall that make it a more inviting place for recruits to hang out, said Chris Hilbert, president of the Byron Fire Department.

"Fundraising shouldn't be needed to put gas in a fire truck," he said.

Dave Garwood, another attorney with the same firm as Pinsky (all the firm does is represent fire departments), said firefighting is an essential local government service, but it's the only one in some communities that is expected to raise its own funds.

"When was the last time you saw a DPW worker on the side of the road with some chicken barbecue so they could afford to put gas in a DPW truck?" Garwood asked.

Town Supervisor Tom Felton said it's important for the board to better understand the needs of the firefighters, but he doesn't see how the town can take on another $60,000 in expenses without raising taxes.

"We share these very same concerns," Felton said, "but there are only 2,400 people in the town."

Funds for the fire departments are raised through a special tax levy and don't come out of the general fund.

One suggestion thrown out by Pinsky was for the town board to create a fire district, which the board can do on its own authority (no referendum vote is required).

The district would be run by a board of elected commissioners and would have the power to increase the fire tax if needed, and it would also oversee the budget for the two fire units (which would be consolidated into a single department, but remain separate fire companies).

Felton likes the idea of the fire district. It would put authority for fire services under the supervision of a commission that would likely understand fire operations.

"We're challenged to understand the needs of the fire department," Fenton said. "None of us are firefighters."

In order for the fire district idea to move forward, the fire departments will need to agree that is the best way to proceed and then present a plan to the town board.

Don't you think Governor David Paterson and the rest of the Albany government would love to get its hands on revenue generated by Batavia Downs to help offset the state's budget struggles?

County Manager Jay Gsell thinks so, and he's skeptical of a task force created by Paterson to study the efficiency of the state's off-track betting facilities and decide whether all of the state's OTB operations could be consolidated under a single authority.

According to a resolution passed by the Genesee County Legislature on Wednesday evening, many industry pundits think the task force is nothing but a naked attempt to grab OTBs from local control.

Batavia Downs, as with many OTB facilities in the state, contribute revenue to the local governments that support and have invested in the facilities.

"This is just a revenue grab by the state," Gsell said after the meeting.

There are problems with downstate OTB facilities, Gsell said, but it makes no sense to create a single authority to run all of the OTB locations when some of them are doing quite well.

And in the case of Batavia Downs, only after substantial investment.

"It took a large investment just to get it to where it is today," noted Gsell. "They saved what was a moribund, decrepit facility that had been abandoned by private enterprise."

Gsell said the Western Regional Off-Track Betting Corporation invested millions of dollars -- with unpaid debts being somewhere between $15 million and $20 million -- to turn Batavia Downs around.

If the state takes over OTB operations, the revenue both to pay off the debt and to help fund county operations will be diverted to Albany.

"If New York wants to take some of the money, they need to take some of the costs, too," said Legislator Hollis Upson before the resolution vote, "which we know they’re never going to do."

Legislator Charles Zambito called the state's revenue grab unfair because the off-track betting corporation built Batavia Downs into a well run, profitable facility and any problems faced by downstate OTBs have nothing to do with the Downs.

"It would be extremely unfair for them to come in now and say, 'Give it to us,'" Zambito said.

The resolution will be sent to the state task force, but has no force or effect to change whatever the task force decides to do.

Among the items on the agenda for Monday's City Council meeting is a resolution authorizing a pay increase for City Manager Jason Molino.

The resolution states, "WHEREAS, the City Council of the City of Batavia wishes to grant a wage adjustment to the City Manager for the current year based on his performance evaluation."

If approved, Molino's base pay would go up 2.85 percent to $83,487 and would be retroactive to April 1.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $15 gift certificate for $7.50.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Present Tense Books and Gifts, 101 Washington Ave.:  Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

The Mane Attraction, 99 E. Main St., Batavia, N.Y.: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Han Bakker is following the case of Oakfield resident Michael L. Jackson with keen interest.

Jackson is accused of breaking into Holland High Lift, 10033 East Road, Bethany, and causing a great deal of property damage and stealing equipment and a truck.

Bakker owns Holland High Lift.

"We estimate (the alleged burglar) did about $60,000 in damage," Bakker said.

And according to Bakker, chief suspect Jackson wasn't working alone. One other possible suspect left a cell phone under a desk and two women were captured on video tape.

Bakker doesn't understand why the District Attorney's office isn't prosecuting the other suspects. He said he was told the D.A.'s office doesn't think there is enough evidence against the other three suspects to charge them.

The Batavian left a message this afternoon with an Assistant D.A. seeking comment.

The group of people, according to Bakker, broke into his office building on April 11 and trashed the place. They broke glass windows in doors, apparently to help them gain entry into other rooms, even though the doors were unlocked.

Apparently, they used their own bodies to break the window. Investigators, according to Bakker, found a good deal of blood in the building.

One of the reasons the D.A.'s office was apparently slow to seek an indictment against Jackson was investigators were awaiting the results of DNA tests from a Monroe County lab. No word on whether the lab results are in yet.

Jackson is accused of stealing a 2005 Ford Supercab 250. Bakker claims that Jackson drove the truck out on South Swan, striking a tree before trying to run it into the creek. 

Jackson is currently out of jail on $10,000 bond.

Bakker is concerned that Jackson, who reportedly left the state after the investigation into the break-in began, will not consider the bond sufficient inducement to stay in the area while awaiting trial.

"I doubt will ever get repaid," Bakker said.