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Storage facility approved for parcel on Main Road in Stafford

By Howard B. Owens

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The land at 5981 Main Road is Stafford isn't good for much, according to Zoning Enforcement Officer Lester Mullen. You can't build a house on it and it's no good for agriculture because of the rocky structure under the surface.

The problem for years, though, is that it's zoned Agricultural/Residential.

Now the land has a use, and the Stafford Planning Board gave its blessing, after months of wrangling, to Bruce Scofield's plan to build a warehouse on the land.

Scofield runs roll-off container, fuel oil truck and refuse collection business. He plans to build a six-bay facility to store his trucks.

The facility is a perfect fit for the location, Mullen said, because unlike a house, it won't require septic. Septic requires digging, and apparently, you can't dig that deep on the parcel in question.

Two major considerations in the special use permit is that Scofield will not be allowed to store anything outside of the building and he must attractively landscape the front of the building along Route 5.

"The Town of Stafford gave a chance for him (A.D. Call) a chance to thrive, to succeed and that's all Mr. Scholfield is asking" his attorney Reid Whiting told the board. "He's just looking for an opportunity for his business to take off. It's a business that will be beneficial to Stafford. It will create jobs and tax revenues."

Police Beat: Man accused of striking member of his family

By Howard B. Owens

Andrew Kosiorek, 37, 53 W. Main St., #101, Corfu, is charged with criminal contempt and harassment following an alleged incident in Batavia. Kosiorek reportedly following a family dispute in which he allegedly struck another person. The person allegedly attacked is covered by a protection order.

Patricia M. Morris, 58, 5359 Horseshoe Lake Road, Batavia, is charged with DWI , driving with a BAC of .18 or more and driving left of road markings in a no passing zone. Morris was stopped following reports of erratic driving in the City of Batavia and Stafford.

Jennifer L. Heil, 26, 5690 Eagle Harbor Road, Oakfield, is charged with DWI,driving with a BAC of .18 or more and driving left of pavement markings. Heil was charged following a traffic stop in Stafford.

Genesee County Farms take protest drive on Thruway, slowing traffic

By Howard B. Owens

Two groups of farmers took a slow drive on the Thruway through Genesee County today, slowing traffic and sending a message to Albany about a proposed bill that opponents call the Farm Death Bill.

The bill would change farm labor law. Among the provisions, farmers would be required to pay workers time-and-half for overtime. Farmers say it would cost the New York agriculture industry $200 million and drive hundreds of farms in the state out of business.

The bill has already passed the Assembly and now awaits consideration by the dysfunctional Senate.

Le Roy dairy farmer Dale Stein, who helped lead the protest, said it appears the protest was effective. He received a call this evening and was told Gov. David Paterson heard about the protest and immediately called a meeting with the agricutlure commissioner to discuss the legislation.

Two groups of farmers -- one starting in Batavia and another Le Roy -- participated in the protest. The Batavia group, comprised of representatives from about 20 farms, headed east and the Le Roy group headed west.  Each group drove 35 to 40 m.h.p., but blocked both lanes in each direction for only a portion of the drive.

Stein said he's heard of only one ticket being issued, to a van in the Le Roy group, and even though State Police were in the area of the eastbound group, no vehicles in that group were stopped.

The protest was organized, Stein said, on only about two or three hours notice.

Stein said State Police did not interfer with the eastbound protest, but he heard of a ticket being issued to a westbound driver.

Sgt. Derrick Harris of the State Police said that actually, six tickets were issued to westbound drivers. He said there were only six drivers involved in the westbound lanes. He said no action was taken in the eastbound lanes.

Listen: Audio of an interview after the protest with Stein.

Downtown Public Market opens in the morning

By Howard B. Owens

The Downtown Public Market opens in the morning at 9:30 a.m.

Vendors this year include: Lloyd Christ Farms, S & T Christ Farms, J & W Fresh Farm Produce, Nice Farms, Schwab Farms & Watt Farm, Alston’s BBQ Sauce, Genesee ARC (Handmade) Pet Products, Nonna’s Vegetable Plants & Crafts & Pressed Flowers by L. Regatuso, Posy Power Peddler

Jackson St. Grill & Belladessa’s Pizza will serve hots, hamburgers, pizza & refreshments from 11:30 am to 1:30 pm.

The market runs every Thursday for the season from 9:30 8:30 a.m. to 3 p.m. at the corner of Center and Ellicott.

Fire alarm sounded at Notre Dame

By Howard B. Owens

Fire trucks are responding to Notre Dame High School for a tripped fire alarm.  A custodian on scene reports no smoke nor fire seen. Crews on scene also report nothing showing.


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Farm bill protest planned on Thurway

By Howard B. Owens

The aptly named "Farm Death Bill" is going to be the subject of a protest today, but what I don't get ... on the Thruway?

Here's the announcement I just got:

There is going to be a caravan along the thruway this afternoon to protest  the farm labor bill.  The caravan will start at 3:45 PM today beginning at   Boyle’s Motors on Route 98 in Batavia.  From there they will head to the   thruway.  Anyone is welcome to participate driving whatever they would like.    Any questions please call Maureen’s cell xxx-xxx-xxxx.  We need as many  people to participate as possible.  Thank you.

So that's only 15 minutes from now.

But the Thruway?  One of the very things that has helped to destroy WNY (diverting traffic from its city and towns), not to mention for any kind of visibility of the protest, it's going to be hard to follow or view for most people.

UPDATE: I'll have video and pictures shortly (in a separate post). Representatives from about 20 farms showed up, according to Dale Stein. The plan is to drive 40 m.p.h. doublewide out to Genesee Community College, and then merge into one lane.  People while, another group started in Le Roy and is driving to Batavia.  No idea on how big that group is right now.  The area's best agricutlure reporter, Tom Rivers, was there, so look for his report in tomorrow's newspaper.

Det. Crossett runs first marathon to benefit youth group

By Howard B. Owens

Batavia Police Youth Det. Todd Crossett completed his first marathon May 25 in 4 hours and 4 minutes, and it was for a worthy cause.

Crossett ran into the Buffalo Marathon to raise funds for the Royal Rangers, a scouting group of 30 boys supervised by Crossett.

He raised $400, which will help boys participation in the Royal Rangers.  Many would not be able to attend camp outs without the funds, according to a BPD press release.

Chamber expands micro-enterprise program to cover all of Genesee County

By Howard B. Owens

The micro-enterprise loan/grant program, which has been used by a number of businesses in downtown Batavia over the years to help them get started or expand is now available to any business in Genesee County, the Chamber of Commerce announced today.

The program provides cash for small businesses (five or fewer employees, including the owner) in a loan (75 percent) and grant (25 percent) format so businesses can hire more people, buy new equipment or make other business improvements that will lead to greater employment.

The program is designed to augment private funding sources when traditional loans are either unaffordable or unavailable.

Full press release after the jump:

The Genesee County Chamber of Commerce announced today the availability of a micro-enterprise loan/grant program (75% loan, 25% grant) for small businesses located in Genesee County.  The program is designed to augment private funding sources when other funding is unaffordable or unavailable.  While standard commercial lending policies will apply, interest rates and repayment terms will feature affordability and flexibility generally not offered by banks.

Eligible borrowers must be micro-enterprise business owners with five employees or fewer (including the owner).  Funds may be used for any legitimate business purpose including, but not limited to, capital equipment, inventory, and working capital. 

The Genesee County Chamber of Commerce is an equal opportunity organization and therefore will not discriminate on the basis of race, gender, political affiliation, disability, or any category designated by Federal law. 

For applications and/or program details, contact the Genesee County Chamber of Commerce at 210 East Main Street, Batavia, 585-343-7440.

Emory Upton's monument getting a little unexpected sprucing

By Howard B. Owens

Police are responding to Emory Upton's monument at Ellicott and Main.

A woman is there moving around mulch and fiddling with plants, telling a person there that she is cleaning up her father's grave.

Today's Deals: Picasso's, Enchanted Florist, Herbly Wonderful, Valle Jewelers, O'Lacy's

By Howard B. Owens

Five great deals today:

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).

O'Lacy's Irish Pub, 5 School St., Batavia, N.Y.: One of O'Lacy's most publisher dishes: Reuben Sandwich. Try it. We have a $25 gift certificate for $12.50

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Whether you need just the right gift or a memorial or just want to brighten your own home or work place, The Enchanted Florist can put together just the right floral arrangement for you. We have a $20 gift certificate for $10.

Valle Jewelers, 21 Jackson St., Batavia, N.Y.: One of Batavia's great stores. Valle carries charming an eye-catching items that are affordable. We have a $25 gift certificate for $12.50.

Herbly Wonderful, 3701 Pearl St., Batavia, N.Y.: Plants, teas, herbs, mixes, a great place to shop to make your home more cozy and natural. We have a $25 gift certificate for $12.50.

A $1 PayPal service fee applies (50 cents on items below $10)

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Valle Jewelers

SOLD

The Enchanted Florist

SOLD

O'Lacy's

SOLD

Herbly Wonderful

SOLD

Picasso's Pizza

SOLD

Police Beat: DWI charge on Galloway Road

By Howard B. Owens

Scott A. Fehr, 34, 8378 Lake Road, Corfu, is charged with DWI. Fehr was reportedly found parked on Galloway Road. Further investigation revealed he allegedly hit a sight while turning left from Route 63 onto Galloway. He then allegedly left the scene without proper notification. He was also charged with a BAC of .08 or more and leaving the scene of a property damage accident without notification.

A 17-year-old employee of Darian Lake is accused of stealing $765 from the theme park. He is charged with petty larceny. The youth is from Strykersville.

Travis Bauer, 20, 4685 Crittenden Road, Akron, is charged with unlawful possession of marijuana. Bauer was allegedly found to be in possession of marijuana during an investigation of a reported domestic dispute in Alabama.

Debra Farminger, 47, 24 Lewis Road, Akron is accused of pushing and hurting another family member during a domestic dispute in Alabama. She is charged with harassment in the second degree.

Alleged Elba bank robbers indicted by grand jury

By Howard B. Owens

The three suspects in Thursday's bank heist in Elba have been indicted by the Genesee County Grand Jury on charges of robbery in the first degree, according to District Attorney Lawrence Friedman.

The trio will be arraigned on July 1.

The men were identifed after the robbery of the M&T Bank in Elba as Dennis M. Abrams, Jr, 26, of 202 Merrimac St., Buffalo; Demone D. Dillon, 25, 128 LaSalle Ave., Buffalo; and, Michael J. Wells, 24, 69 Camp St., Buffalo.

Following the robbery, the three men allegedly fled the scene leading to a massive multi-agency man hunt that lasted more than five hours.

Previously:

UPDATE: Victims of fatal wreck on Route 19 identified

By Howard B. Owens

 

UPDATE: 2:10 p.m.: State police have released the names of the victims in this morning's double fatal vehicle accident on Route 19 in LeRoy.

The victims are Martin Muszak, 64, of Rochester, who drove a Nissan Altima and was struck head on by a Dodge van driven by the other victim, Raymond Sissel, 84, of LeRoy.

Here's what the state Police determined:

A Nissan Altima operated by Muszak was traveling southbound on Route 19. A dump truck operated by Steven W. Ebner, 55, of Hamlin, was traveling southbound behind the Altima. A Dodge van operated by Sissel was traveling northbound on Route 19. 

The Dodge van crossed over into the southbound lane striking the Nissan Altima head on. The Nissan was then pushed into the front of the dump truck and came to rest on the east shoulder of the roadway. After striking the Nissan, the Dodge van then struck the dump truck coming to rest on its driver side on the west shoulder of the roadway.  The driver of the van, Sissel, and the driver of the Nissan, Muszak, were both pronounced dead at the scene by the Genesee County Coroner. The driver of the dump truck, Ebner, was not injured. There were no other passengers in any of the vehicles. The LeRoy and Bergen Fire Departments assisted at the scene of the accident. At this time the investigation ongoing.

UPDATE 10: a.m.: An accident this morning on Route 19 near North Road is confirmed a double fatal by Rebecca Gibbons, spokeswoman for the New York State Police.

The victims have not been identified pending family notifications.

Apparently, a northbound passenger vehicle strayed into the southbound lane striking another passenger vehicle head on.  A dump truck traveling behind the southbound vehicle was also involved in the accident.

The drivers in both passenger vehicles are confirmed dead.

No details on either vehicle are available at this time.

Shortly before the report of the accident came in, there had been numerous calls to Genesee County dispatch of a black van driving recklessly, weaving in and out of traffic, northbound on Route 19.  Gibbons could not confirm that this was the northbound vehicle involved in the accident.

Initial Reports:

Mercy Flight is being dispatched to the scene of a head-on collision on Route 19 near the Thruway in Le Roy. The Bergen Fire Department is being requested to the scene with extraction equipment.

The initial report had two vehicles and a dump truck involved.

Prior to the call, a van driving erratically had been reported in the area.

UPDATE: Mercy Flight was reportedly cancelled.


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Today's Deals: Sport of Kings, Jackson St., Main St. Pizza, Delavan's

By Howard B. Owens

Today's Deals:

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: One of Batavia's most popular restaurants with a great menu that goes well beyond just pizza. We have four $5 gift certificates ($20 value) that can be used together or separately for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: When you're looking for a good home town meal in an inviting and comfortable atmosphere, Delavan's is a great spot. We have a $25 gift certificate 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 TWO $15 gift certificates for $7.50 each (two separate winners).

Jackson St. Grill and Belladessa's Pizzeria, 9 Jackson St., Batavia., N.Y.: Every try to eat one of their giant cheeseburgers? Can you beat the champ, Mark's record time of 7 minutes, 13 seconds. We have TWO $10 gift certificates for $5 each (two separate winners).

A $1 PayPal service fee applies (50 cents on items below $10)

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Jackson St. Grill

SOLD

Sport of Kings

SOLD

Delavan's

SOLD


Main St. Pizza Company

SOLD


NOTE: I'm putting a morning time stamp on this so the accident story remains at the top of the page.

Online Exclusive: Spider Lamp from Max Pies at a $101 savings

By Howard B. Owens

Through a special arrangement with Max Pies Furniture, 400 South Jackson St., Batavia, The Batavian is able to extend this special, online-only offer to its readers:

We are able to offer a handsome Spider Lamp through The Batavian at a $101 savings. This lamp normally retails for $199.  You can use the PayPal button below to buy it online now for $98. (Sales tax and a $6 PayPal service fee will be added)

You can't buy this lamp in the store at that price.

The winner of this exclusive item will be able to choose from an in-stock Spider Lamp from World Imports.

Here's a chance to add some contemporary eloquence to your home decor.

There is only one item available at this price and it is exclusive through
The Batavian. The winning purchaser will need to arrange to stop by The Batavian office to pick up a purchase voucher. Final arrangements to take delivery of the lamp are made at the Max Pies location at 400 South Jackson St. This item will be available until it sells and only one at this price is available.

The voucher has no cash value, but can be used toward an upgrade purchase on another item.

Deliver is free in Genesee County.

To purchase this online exclusive from The Batavian and Max Pies Furniture, click the PayPal button below (this is the only way you can make this purchase -- this price is NOT available in the store).

If you're a local business owner and would like to offer The Batavian readers great deals either as part of The Deal of the Day or as an Online Exclusive, call me at 585-260-6970.

Weeds Be Gone: City looks to toughen ordinance for property clean up

By Howard B. Owens

Now that I'm a city resident, there are things (though not many) that bug me a little more than they did in the past.

One of these pet peeves is the weeds in the Salvation Army parking lot on Jackson near Ellicott.  Weeds from the curb to the front door, in every crack, and weeds at the base of the light polls, and weeds along the north side of the parking lot. Not to mention the building hasn't been painted in decades and the front sign polls look like they came off a rusted battle ship. 

I drive past this location every day and feel sorry for the owner of Floral Fantasies, who must try to run an elegant business next to this mess.

It's just plain unsightly.

Apparently, I'm not the only city resident who's had enough of the weeds around town. It turns out City Council members get regular constituent complaints, but the current ordinance is proving ineffective at getting property owners to make their land and buildings a little less ugly.

The proposed changes would give property owners 48 hours to clean up weeds, trash or debris once a notice has been posted on the property. If the work isn't done in 48 hours, outside crews will be brought in to clean up the mess and the property owner will be assessed the price of the clean up and fined $250. A second violation in the same calendar year would yield clean-up costs and a $100 fine.

The only controversial point in the proposed changes is that an alternative penalty is 50 days in jail. The council debated this provision for a good 15 or 20 minutes after Councilman Bill Cox raised an objection to the language.

"This is America it’s not Russia," Cox said. "We don’t put people in jail for not cutting their grass.  We can fine them heavily, but even to to threaten them with jail is not what we do."

Councilman Tim Buckley took an opposing view, saying a violation of the law is a violation of the law and the threaten of jail time would encourage people to pay their fines, rather than let them slide (the city can put a lien against the property, but would have no other recourse to collect unpaid fines and bills).

"Deep in our hearts don’t want to send anybody to jail," Buckley said. Later adding, "I understand where Mr. Cox is coming form. This is America, but in America when you break the law, you pay the penalty."

Several council members, City Attorney George Van Nest and Asst. City Manager Sally Kuzon all said that sending people to jail for not cleaning up their property would only be used in extreme cases.

"I think the judges and the police officers involved would have enough discretion to recognize this is an extreme measure," Councilwoman Marianne Clattenburg said.

Removing jail time from the proposed language failed on a 4-5 vote.

Next, the proposed changes will be the subject of a public hearing.  I didn't write down the date and will update this post as soon as I have it. 

BTW: If somebody wants to organize a clean up crew to help out the Salvation Army, I'll set aside a Saturday to pitch in and whack a few weeds.

Consolidation, or new charter, city will need to decide which to put on November ballot

By Howard B. Owens

The City of Batavia's two-year effort to amend its charter is running head-on into any idea of consolidating the town and the city into a single government in the near future, according to John Roach, chairman of the Charter Review Commission.

Roach said this evening that City Attorney George Van Nest informed the commission that state law prohibits any other measure from being on the same ballot.

That means city officials will need to choose - new charter or push for consolidation.

"If we thought consolidation would pass, we would pull the charter," Roach said.

The Charter Commission's term expires, under state law, on election day. If there is no vote this November, then the city will need to appoint a new Charter Review Commission and the two-year process will start over.

Roach noted there are some issues in the revised charter that will not controversial, are critical. Among them the need to drop the requirement for the city to employee a City Engineer, a position that is currently vacant and is apparently no longer needed.  Also, under state law each member of the seven-member planning board should serve seven-year terms. The commission is recommending reducing the board to only five members so terms will be only five years (yes, that's the way state law works, according to Roach).

City Council President Charlie Mallow, a strong proponent of consolidation said to him there's no question, consolidation should be on the November ballot, not the charter.

Asked about the risk of the town not passing consolidation and then the city would need to start over on the charter, Mallow said, "That's the risk you have to take. That's something as an area we have to reach for."

City Manager Jason Molino, who serves on the consolidation committee, declined to say which choice he favored.

"It's up to the elected officials," Molino said. "If they feel fit to put it forward to the populace then they will."

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