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Arm and a Leg does it again at Batavia

By Howard B. Owens

Press Release:

Batavia, NY --- It was a special night in Western New York as the Downs honored former leading driver Gaston Guindon, and a special horse, Arm and a Leg won the featured $8,000 Open Handicap.

With 2009 leading reinsman Kevin Cummings in the bike, Arm and a Leg notched his fourth Open win of the 2009 Summer-Fall meet in 1:55.3, for owners Mark Jakubik and John Cummings Sr.

Arm and a Leg ($3.70) fired out of the gate from his assigned outside post and put up all the numbers, including a :30.2 second quarter breather, enroute to a neck victory over a  fast closing Triple Bars with Jimmy Whisman, Sparky and Tom Agosti wound up third.

The victory was the 11th of the season for Arm and a Leg who raised his seasonal earnings to almost $70,000. The 6 year-old altered son of Nobleland Sam is trained by John Cummings Sr. 

I had a great evening “The Gasser,” Gaston Guindon said, “I can’t believe how many of my friends came out to see me.” The French-Canadian raced in Western New York for 29 years. “The memories I have of this track are incredible, I want to thank all the people I drove for especially Dennis Cummings, I think we won about 700 races together.”

America’s oldest lighted harness track is currently racing every Tuesday-Wednesday-Friday and Saturday nights, post time is 7:05p.m.

Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino 

Photo of Arm and a Leg with driver Kevin Cummings holding off Triple Bars to win Downs feature. Courtesy of Paul White

School explains position on North Street expansion

By Howard B. Owens

Apparently, officials at Batavia City School District feel they haven't adequately explained their consideration of new park facilities at the district's North Street property.

This past Saturday, Councilman Bill Cox held a community meeting on the proposal and tonight, Superintendent Margaret Puzio issued a press release detailing the district's position:

"The School District apologizes for not better advertising to the public, the presentation of this material at our September 1 School Board Meeting. At that meeting, we presented to the staff and elected officials from the City of Batavia, Towns of Batavia and Stafford and Genesee County. The consensus of those staff and elected representatives as well as the BOE was that the first step should be to investigate grant funding. This is just the first step in a very long process."

The district contends that there are insufficient youth facilities in the Batavia area and that it is seeking state or federal grants to improve the situation.

Read the full press Release (PDF)

UPDATE: Margaret Puzio spoke with WBTA this morning (mp3).

She said there will be a public meeting on the topic at 7 p.m. on Oct. 6 at Batavia High School.

Stafford Fire Department offers land for Stafford park

By Howard B. Owens

Thanks to the Stafford Fire Department, the town will have a chance to expand Emery Park by nearly eight acres and add new ball fields for area residents.

The town board voted tonight to accept a donation of the land, which has already been graded and seeded.

Part of the motivation for accepting the donation, according to board members, is that the leach lines for the existing Emery Park restrooms need to be replaced and in order to do that, the donated property is essential.

"If that leach field goes out on us without us getting that land, then we're pretty much dead up there," Councilman Ron Panek said.

There will be a $350 fee to transfer the deed and the town could be on the hook for any additional upgrades.

But there was general agreement that if the town had additional playing fields, the fields would be used.

Stafford highway workers get new labor contract

By Howard B. Owens

The four workers in the Stafford Highway Department have a new labor agreement with the town after months of negotiation.

The contract includes a standard pay raise of just over 5 percent over three years, but the main point of contention, health insurance, was resolved along the lines the Stafford Town Board sought.

Union members will be moved from the union insurance plan to a private plan, according to Councilman Bob Pacer.

The issue, according to Pacer, was that the union plan required every employee to be covered by the union plan, even if the employee chose to be covered by a spouse's plan.

With the private plan, union members can opt out and the town will save in the neighborhood of $7,000 to $8,000 per year.

The contract also supplies a safety clothing allowance for union members.

Molino gets raise on 7-1 council vote

By Howard B. Owens

Without discussion, but with one dissenting vote, the Batavia City Council tonight approved a 2.8 percent pay raise for City Manager Jason Molino.

The vote came following a closed session and before the vote, Council President Charlie Mallow read a statement expressing the council's support for Molino.

Councilman Bill Cox voted no and said after the meeting his decision was based on a "personnel matter" and wouldn't reveal the reason for his no vote.

"I felt at this time a raise was not in order and that's all I want to say," Cox said.

Mallow characterized the pay increase as a cost-of-living raise that Molino wouldn't have gotten if he didn't deserve it.

Prior to the vote, Mallow said, each council member submitted a review of Molino's work.

“The city is in good shape and a lot of that has to do with our city manager," Mallow said. "The council supports the city manager and that’s the reason for the raise."

The motion passed 7-1, with Council Bob Bialkowski absent.

Molino was also not at the meeting.

UPDATE: Councilman Cox released this statement this morning:

"The primary reason that I voted against the raise for City Manager Molino is the same reason I voted against the raises for the other non-union staff previously, which is economics.

Our citizens and taxpayers have heavy burdens of property taxes, school taxes, and water/sewer taxes. We have property owners and citizens who have lost their jobs due to the economy. We have retired people on pensions that have been reduced and those same retired citizens have lost health benefits or had them reduced in many cases.

When you are in a position of senior management and leadership you should demonstrate to the people that you understand the dire circumstances many are under and forgo a raise until the economy turns around."
 

Council authorizes $235,000 expense after arbitrator finds in favor of PBA

By Howard B. Owens

For five years, members of the Police Benevolent Association patrolled Batavia's streets without a labor contract with the city.

Recently, an arbitrator awarded back pay to the union members, which they probably would've received in cost-of-living increases if they had had a contract.

Tonight, the City Council approved unanimously, without discussion, transfer of $235,000 from the city's contingency fund to the police department budget to cover the arbitration award.

The city could have wound up owing the PBA members more than $288,000.

As part of the same resolution, the council approved transferring $23,000 to the fire department budget to repair the air-conditioning system at the Evans Street station.

Today's Deals: Matty's, South Main, Sport of Kings, Adam Miller and more

By Howard B. Owens

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.

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.

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.

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.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

Jackson St. Grill, 9 Jackson St., Batavia, N.Y.: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

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

SOLD OUT

Pew study finds even more distrust of traditional media

By Howard B. Owens

More people than ever distrust traditional news media, according to a new Pew study.

In this year’s survey, 63 percent of respondents said news articles were often inaccurate and only 29 percent said the media generally “get the facts straight” — the worst marks Pew has recorded — compared with 53 percent and 39 percent in 2007.

Seventy-four percent said news organizations favored one side or another in reporting on political and social issues, and the same percentage said the media were often influenced by powerful interests. Those, too, are the worst marks recorded in Pew surveys.

Of course, part of the problem is unbiased reporting is humanly impossible. We're all the products of our backgrounds, experiences and education that shapes our perceptions, our own sense of reality. News reporters make decisions every day based on their own perceptions. What is objectively true to one reporter is not necessarily true to another. Yet, news consumers have been educated to believe news reporting should be objective.

Because objectivity is impossible, people tend to believe the only objective news reporting is that which conforms with their own views. That's why so many Republicans believe Fox News is "fair and balanced," and on the left, only MSNBC tells the truth.

One of the enduring questions of the electronic-news era is this: are we deeper into an age of greater acrimony amongst partisan combatants because they see only one version of truth; or will the opportunity for more voices to be heard eventually lead to more open dialogue and a greater understanding of the issues of the day?

The Batavian to help Chamber sell map ads

By Howard B. Owens

Every two years, the Genesee County Chamber of Commerce releases a map of the area that helps promote local businesses.

This year, The Batavian will handle the ad sales, which helps support the Chamber and pays for a valuable resource for travelers and residents alike.

As always, the up-to-date color map will be produced by Rochester-based Map Works, Inc.

More than 12,000 copies will be distributed throughout Genesee County in 2010 and 2011.

Local businesses interested in this promotional opportunity should contact Howard Owens at 585-260-6970.

Former school bus driver gets new sentence in sexual misconduct charge

By Howard B. Owens

A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.

Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.

But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.

Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.

Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.

Tidd, who has three children and a grandchild, has no prior criminal record.

UPDATE: To clarify the time line:

  • The single criminal act charged dates to 2004
  • The law on determinant sentencing changed in 2007
  • Tidd was arrested in November, 2008
  • Tidd plead guilty within days of his arrest, according to his attorney
  • Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
  • That motion was denied April 9, 2009.
  • He was sentenced on that day in April to a determinant sentence of seven years.
  • Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)

Police Beat: Man reportedly had marijuana residue on pipe

By Howard B. Owens

Peter William Stapley, 19, of 3797 Piffard Circle, Piffard, is charged with unlawful possession of marijuana. Stapley allegedly possessed a pipe with marijuana residue on it. He was arrested Friday at 3:39 a.m. in Pavilion.

Robert Lawrence Drozdowski, 27, of 14 W. Main St, Batavia, is charged with criminal contempt. Drozdowski allegedly violated a court order which required him to have no contact of any kind with his ex-girlfriend. He allegedly sent a letter to her while incarcirated in Genesee County Jail. Drozdowski remains in jail.

William Dolose Hirsch, 22, of 10025 Buckman Road, Pavilion, is charged with two counts of harassment and stalking. Hirsch was arrested after allegedly calling his ex-girlfriend several times in June after he reportedly was told not to contact her again. He also sent her a picture for "no legitimate purpose," according to the Sheriff's Office press release. Hirsch was jailed on $2,000 bail.

Train blocking Seven Springs Road

By Howard B. Owens

A reader called to report that a train has stopped at the Seven Springs Road crossing and hasn't moved for more than five minutes.

I'm in court all morning. If anybody has any other information or update, please leave a comment.

Grass fire on Warner Road in Le Roy

By Howard B. Owens

Le Roy firefighters are battling a grass fire in the area of 8195 Warner Road.

Stafford Fire Department brush truck has been asked to provide mutual aid.

UPDATE 2:55 p.m.: Bergen's brush truck just requested.

UPDATE 2:58 p.m.: Le Roy cancels Bergen request. Bergen standing down.


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Expanding the conversation between liberals and conservatives

By Howard B. Owens

Universities have a reputation of being bastions of liberalism. Even in my private, evangelically oriented college, there was little evidence that the faculty considered conservatism to have much of an intellectual underpinning. Everything I learned about  Edmund Burke I studied in a community college or after entering the work world.

And of course, the epicenter of liberalism is the University of California at Berkeley. So, would you be surprised to learn that Berkeley is adding a course on the study of "right wing movements."

Of course, "right wing" has become pejorative among progressives in the same way liberal has become "the L word."  But a major university treating conservative intellectual thought with any amount of seriousness is a major step toward students being exposed to a broader range of ideas.

The diary (American Conservatism: Thinking It, Teaching It, by Paul Lyons) is fascinating and reassuring, at least about our students. Lyons's class was split almost evenly between liberal and conservative students, who had no trouble arguing with each other. They seemed to understand what thin-skinned professors wish to forget: that intellectual engagement is not for crybabies. The students had loud debates over Reagan's legacy, Bush's foreign policy, religious freedom, abortion, even the "war on Christmas" — and nobody broke into tears or ran to the dean to complain. And the more the students argued, the more they came to respect one another. According to Lyons, liberal students learned that that conservative guy was no longer just the predictable gun nut or religious fanatic. And the conservative students learned that they had to make real arguments, not rely on clichés and sound bites recycled from Fox News or Rush Limbaugh.

I think on The Batavian we've had some good debates on healthcare reform recently. Many people of various ideological perspectives have brought some thoughtful arguments and competing facts to the discussion. There has been little rancor. That's how policy should be debated in an open society.

I do think there needs to be a greater understanding among the politically minded of how broad and intellectually diverse the right side of the political spectrum is.

In his essay on the Berkeley course, Mark Lilla wonders how many liberal professors can distinguish between the American Enterprise Institute, the Heritage Foundation, and the Cato Institute -- three ideologically different think tanks. I wonder, too, how many self-identified conservatives know the difference?

Or that not all conservatism favors intrusions into bedrooms or into foreign countries.

I grew up in the Cold War era. The only thing I knew of conservatism was anti-Communism and "the domino effect." It took Bill Kauffman to expose me to pre-Cold War conservatism and I realized there was a sound conservative argument and tradition for non-interventionist, small military thinking. Lilla observes, too, that conservative thinking changed a lot in the 1950s:

"It is a convenient left-wing dodge to reduce 20th-century American conservatism to Cold-War politics, since it implies that conservative ideas are embedded in a world that no longer exists and never should have. In fact, in the 1930s American conservatives were far more obsessed with Franklin D. Roosevelt and his domestic legacy than with Joseph Stalin, and looked askance at all foreign entanglements, including the Second World War. The anti-Communist cause was first conceived by Cold-War liberals, not by conservatives."

I wonder if Kauffman will be taught at Berkeley?

(The quotes from this essay by Mark Lilla (also linked above). Read the whole thing.  Pictured above, Edmund Burke and Robert Taft.)

Driver flown to hospital following rollover accident in Oakfield

By Howard B. Owens

Charges are pending against a driver involved in a one-car rollover accident that sent him to the hospital via Mercy Flight.

Harry L. Flatt, 64, of 3531 Fruit Ave., Medina, was driving on Lewiston Road north of Fisher Road in the Town of Oakfield on Friday at 10:41 p.m. when he apparently lost control of his car.

His car left the road on the east shoulder and then went into a ditch. Flatt apparently tried to steer back onto the roadway. The car struck a large concrete utility block, which caused the car to overturn.

No other information is available at this time. The nature of the pending charges were not specified in the Sheriff's Office press release.

Donate to The Batavian's Capital Expense Fund

The Batavian sort of fell into our lap. We didn't plan to go into business for ourselves. It just happened.

It's a great opportunity and we're very excited about the prospects, but it's not like we went into this with the financial planning that usually accompanies a new business.

While revenue for The Batavian at this point is strong enough to meet our daily living and operational expenses, there is little money left over for improvements, be they new or better equipment, hardware replacement or software upgrades.

Donate: Help us buy equipment and get a T-shirt

By Howard B. Owens

The Batavian is doing very well these days. It's gratifying for both Billie and I that we're growing our own business.

But the revenue so far goes primarily to our living and operational expenses. There isn't much left over to buy new computers or cameras.

For example, I have a nice video camera, but a better one would be most helpful. There are also times where photography requires more than just a point-and-shoot camera, so a good SLR camera would be helpful. And, importantly, software upgrades -- improvements to the site -- cost money, and usually significant amounts of money.  Finally, my MacBook Pro is now older than its extended warranty. At some point, it will need to be replaced.

To help with these needs, we've created "The Batavian Capital Expense Fund" (CapEx funds in business are for investments into the business).

I'm hitting up my colleagues in the online-news business across the Net for donations, but we didn't want to go to the readers of The Batavian and ask for donations without offering something of value in return.

Our offer: T-shirts for "The Batavian."

T-Shirts, Etc. will print the T-shirts for us, and all you you need to do to get your T-shirt is make a donation of $20. We will mail the T-shirt to the address associated with your PayPal account.

Or, you can mail a check for $20 to The Batavian, 200 E. Main St., #5, Batavia, NY 14020.

Whether donating via check or PayPal, please specify the size of the shirt you want.

If you enjoy The Batavian, and would like to see the site or our coverage improve, please consider this small donation that will also net you a nice T-shirt!

Razor Sharp Fessup Fred Win Batavia Feature

By Howard B. Owens

Press Release:

Batavia, NY --- Lee Deyermand’s  Fessup Fred, a razor-sharp 7-year-old altered son of Super Freddie, made it three in a row winning Friday's (Sept. 11) featured $8,000 Open II Handicap Trot at Batavia Downs Casino.

With the summer-fall meet’s dash-leading driver Kevin Cummings in the sulky, Fessup Fred left enough from his rail post-position to string out A Work In Progress (Robert Verney) and a three-wide Jack Sparrow (Jim McNeight) as the field of seven clicked the first quarter beam in 28.2.

Moving up around the clubhouse turn on the payoff half and heading to three-quarters, Fessup Fred assumed command and trotted strongly to the wire for a 1-1/4 length score in 1:58.4.

Craiger with Jimmy Whisman closed from far back to be second while A Work In Progress finished third.
 
D J Millner is the conditioner of Fessup Fred ($5.20), who won for the sixth time season and raised his lifetime earnings to over $118,000.
Kevin Cummings was the driving star of the evening guiding home five winners. He also won with Shrewsbury Falcon, Midnight Jogger, Clay Hill King Pin and Educator. Jack Flanigen had three winners on the program while Ray Fisher had a double.
Racing resumes on Saturday night, post time is 7:05 p.m. The Downs will honor Gaston Guindon with a special night, he will be in track lobby from 6 until 7 p.m. to meet and greet his many friends and race fans. “The Gasser” was one of the leading drivers at the Genesee Country oval from 1969 until the early 90’s.

Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino

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