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Batavia man dies in Connecticut in accident

By Howard B. Owens

A Batavia man died in a head-on collision in Connecticut yesterday, according to WBZ, A Boston-area TV station.

Lance Lewis, 36, was pronounced dead at the scene.

Lewis reportedly was driving the wrong way on I-95 near Norwich.

The driver of the other car, Terrence Garbuzinski, 46, of Attleboro, Mass., also died at the scene.

UPDATE: The Day has a longer story with more details. The Norwich Bulletin reports that Lewis lived at 137 Summit St. He was driving a Honda CRV with New York plates.

Structure fire at Hanson Aggregates, Pavilion

By Howard B. Owens

(Updated at 8:50 a.m.)

As many as 12 fire companies were called to Hanson Aggregates in Pavilion this morning for a fire in a structure at the back part of the facility.

The cause or origin of the fire has not been determined yet, according to Pavilion Fire Chief Paul Dougherty, who said the fire was contained to a single structure.

That structure was a sandblasting facility used to clean trucks and equipment.

"Our firefighters arrived and found the building at the rear of the facility with smoke and flames showing," Dougherty said.

The fire was difficult to fight, according to Dougherty, because it was a significant way from the road, past two driveways and there was a good deal of heavy equipment parked in the area.

"The big issue was getting water to the location because we couldn't get a lot of equipment back there," he said.

The original call came in sometime between 5:15 and 5:30 a.m.

"There was a lot of smoke," Dougherty said. "It's a wood-frame structure with metal siding. There wasn't a lot inside to burn and the fire was contained to the structure."

Hanson is a multinational conglomerate based in Europe. Its Pavilion facility provides asphalt and concrete for local construction projects.

There is no estimate yet on the dollar value of the damage and the cause is under investigation.

"Until we get into the building and interview some of their people and ask them what the recent history of the building has been, we won't know (the cause)," the chief said.

NOTE: Photos from the scene are limited because Hanson employees would not allow The Batavian back to the area of the fire to take pictures.

Jury issues not-guilty verdict in criminal sex act case

By Howard B. Owens

An Oakfield man accused of forcing sexual acts with a woman was acquitted by a jury in Genesee County Court today, according to his attorney.

Attorney Fred Rarick said he felt all along that his client, 40-year-old Maurice Doleman, was innocent because there was no evidence of physical trauma to the woman's body and she waited hours after the alleged act to call police or go to a hospital.

"I'm very pleased," Rarick said. "We had a wonderful jury who listened to all of the evidence."

He said the evidence supported statements Doleman gave to investigators at the time of his arrest, and the jury agreed, that the woman engaged in consensual sex.

The woman claimed Doleman had abused her during during a two-hour sexual encounter.

Doleman was indicted in November on two counts of criminal sex acts, 1st. The alleged incident took place in August and he was arrested in September.

Police Beat: Batavia man accused of robbing youth in park

By Howard B. Owens

Elliott M. Hickman Jr., 19, of 148 Hutchins St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Hickman is accused of robbing an MP3 player from a 15-year-old in a parking lot at MacArthur Park on March 10. Hickman was jailed without bail. Previously charged in the same case was Malik I. Ayala.

Destany AnnMarie McNutt, 21, of 1302 Phelps Road, Apt. 4, Corfu, is charged with petit larceny. McNutt is accused of stealing merchandise and money from Walmart while employed at the store.

Nicholas Jerome Lucarelli, 38, of 35 E. Gatewood Ave., Gates, is charged with DWI, driving with a BAC of .08 or greater, speeding (73 in a 55 mph zone), and consumption of alcohol in a motor vehicle. Lucarelli was stopped at 12:52 a.m. by Deputy Timothy Weis on Route 19 in Le Roy for allegedly speeding.

Accidents from the State Police blotter:

6:06 a.m., March 24, Griswald Road, Le Roy, one vehicle; Driver 1: R.W. Fitzsimmons, 41, of Linwood. No injuries reported.

6:16 a.m., March 24, Lake Street Road, Town of Le Roy, one vehicle; Driver 1: Thomas M. McCullough, 53, of Le Roy. No injuries reported.

6:40 a.m., March 23, Route 33, Pembroke, one vehicle; Driver 1: Shirley A. Kensek, 51, of Batavia. No injuries reported.

Assembly budget proposal includes $2 billion in borrowing

By Howard B. Owens

Assembly Democrats want to cut state aid to schools by only $800 million, not the $1.4 billion proposed by Senate Democrats and Gov. David Paterson.

The Assembly proposal also includes $2 billion in borrowing.

According to the New York Times, Assembly leader Sheldon Silver says,

“With this plan,” Mr. Silver said, “we close the deficit, we make responsible cuts, we hold the line on spending, we preserve vital programs and services, we reject a number of taxes and fees, and dramatically reform the budget process.”

The Assembly budget does not include Paterson's tax on soda, nor does it propose closing all 81 state parks, which Paterson asked for.

The Assembly budget cuts $4.3 billion in spending. Paterson's proposal cut $4.9 billion, but without borrowing.

Assemblyman Steve Hawley's office released this statement about the budget:

Earlier tonight, the Assembly Majority introduced, and passed, their 2010-2011 State Budget resolution. While it did eliminate the proposed tax on sugared beverages and the closure of state parks throughout the state, it still looks to solve the projected budget shortfalls by increasing state borrowing by $2 billion. With the state already on the brink of insolvency, we cannot afford anymore debt or borrowing. I voted against this resolution and hope that as the budget deadline approaches my colleagues in the Majority will not plan on voting for this in the final budget.

For more on the Assembly budget, here's the Albany Times-Union story.

Car fire in Oakfield

By Howard B. Owens

A fully involved car fire has been reported on Park Avenue near Judge Road in Oakfield.

Oakfield Fire is responding.


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Le Roy Fire plucks two stranded canoeists from middle of Oatka Creek

By Howard B. Owens

Two canoeists were rescued from the Oatka Creek in Le Roy this afternoon after their canoe became marooned on a submerged tree near Wilcox Road.

Neither were injured.

"They were just cold and wet," said 2nd Assistant Chief Tom Wood of the Le Roy Fire Department.

The canoeists apparently couldn't control their canoe in the swift-moving, swollen creek, Wood said.

There was another pair of canoeists out with them and they managed to make it to shore and call 9-1-1.

Le Roy Fire responded and used its ladder truck (also called an aerial truck) to rescue the pair, who have not been identified.

Capt. Thomas Carroll and Firefighter Bill Wood went out on the boom, which was lowered as close as possible to the water, and then a ladder was lowered so the canoeists could climb up.

"People shouldn't be on the water right now," Wood said. "It's going too fast, unless you're a really experienced canoeist."

UPDATE: Photo submitted by a reader.


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Leaving Dollar General, driver's car catches fire

By Howard B. Owens

Robert Griffin said he was leaving the Dollar General about 3:45 p.m. when he heard a pop and then smoke started billowing out from under the hood of his car.

City Fire responded and quickly doused the small fire.

Elba kicks off 'Celebrate Reading' program

By Howard B. Owens

Mike Randall, meterologist with Channel 7 News in Buffalo, was at Elba Central School today to entertain and instruct children with his magic show.

The assembly kicked off the school's "Celebrating Reading" program. The title of today's program was "Reading is Magic."

Batavia police investigating hit-and-run property damage accident in roundabout

By Howard B. Owens

Batavia Police are looking for a blue color SUV that lost its wheel well and has damage to its right front bumper after striking sign posts in the roundabout and driving off.

The car was last seen heading south on Walnut Street.

UPDATE: Sign posts weren't struck down -- light poles were -- three of them coming off of Pearl Street into the roundabout. It looks like the driver never even entered the roundabout, but drove through the median coming off of Pearl and onto the parkway, then off onto Walnut. One of the light poles was dragged a good 80 feet.

Batavia schools plan 1.23-percent tax increase

By Howard B. Owens

At one time, Batavia School District officials spoke of a possible 10-percent tax increase on local property owners, but the final approved budget includes only a 1.23 percent increase.

District Business Manager Scott Rozanski told The Batavian's news partner WBTA, that past years' conservative budgeting -- underestimating revenue and holding a line on expenses -- has made it easier for the district to weather big cuts in state aid.

"There may be a greater impact next year and in future years if the trend continues," Rozanski said.

The 1.23-percent increase works out to 27 cents per $1,000 of assessed value, so on a home assessed at $80,000, the taxpayer will pay the school district an additional $21.60.

Rozanski said that over the past few months, the district has been able to cut expenses, which contributed to the district's ability to hold down the tax increase.

WBTA has posted a historical chart of tax increases (and decreases) from the district as well as an MP3 of its interview with Rozanski (click here).

Voters will be asked to approve the budget May 18.

Senate approves budget that increases spending, cuts funds to schools

By Howard B. Owens

Senate Democrats have approved a budget proposal that increases state spending by $1 billion, even as it cuts $1.4 billion in school spending, according to the Albany Business Journal.

The Senate budget -- which Republicans say they did not get time to review thoroughly, therefore voted against -- does not include a tax on soft drinks proposed by Gov. David Paterson, nor authorization for grocery stores to sell wine.

The proposed budget, which will need to be reconciled with an as-yet-unannounced Assembly budget, passed the Senate 32-29.

The two houses have until April 1 to agree on a budget.

Democrats say the increase in spending is still below the rate of inflation.

Sen. Mike Ranzenhofer released the following statement:

The Senate Democrats drafted their final budget resolution in secret, without any input from Republicans. They then released the resolution less than an hour before it was voted on. Only a budget resolution crafted in secret would produce such a bad deal for New Yorkers.

The Budget Resolution increases spending by $1.5 billion, expands welfare programs, and fails to restore the STAR rebate check program for all homeowners. Even worse, the resolution does nothing to help create private sector jobs. Instead, it only adds more government jobs by expanding welfare eligibility and increases public assistance payments again this year.

I will only support a budget which does not increase taxes and spending, delivers property tax relief to homeowners and enables the private sector to create jobs. This is the budget the people want. It’s a budget they deserve and the budget we must achieve.

Grand opening held today for Batavia's Mental Health Court

By Howard B. Owens

Dozens of local officials were on hand for the grand opening ceremony for Batavia's Mental Health Treatment Court, a new program -- one of the first in the state -- of the Batavia City Court.

Judge Robert J. Balbick was the first speaker.

The court is a program for defendants who have serous mental health issues, who need treatment and other services, and who chose to participate in the program instead of having their cases proceed through the regular court process.

The court will accept defendants who, in addition to mental issues, need substance abuse treatment or who have developmental disabilities, or those who have suffered traumatic brain injuries.

Today's ceremonies opened with musicians playing guitar and flute (in separate rooms). Besides Balbick, other speakers included Judy Harris Kluger, chief of policy and planning for the court, Paula Feroleto, chief administrative judge, Augusta Welsh, clinical director of Genesee County Mental Health Services, Ed Minardo, Genesee Justice, Gary Horton, public defender and Robert Zickl, assistant district attorney, among others.

For more information on the court, see our previous story.

Police expand investigation into alleged left of credit cards, building materials

By Howard B. Owens

Batavia Police continue to dig into the activities of a Warsaw man who is accused of running a complicated scheme to use stolen credit card numbers to buy building materials and then bill customers for the materials.

Today, detectives executed a search warrant at a property in Bethany and reportedly recovered thousands of dollars worth of material that was allegedly purchased with stolen credit cards from Armor Building Supply during a three-month period in 2009.

Two more counts of grand larceny have been added to the four already filed against Dustin Hurlburt, of 32, of 21 Elm St., Warsaw.

There may be other suspects in the case and Batavia detectives are asking anyone with information that might be relevant to the case to call them.

Because of the alleged use of credit cards and the amount of money involved, the U.S. Secret Service has joined the investigation.

Det. Kevin Czora is the lead detective on the case.

Upgrading The Batavian's server

By Howard B. Owens

Since about 10:30 this morning, we've been plagued by site slowness (and a server crash).

We've fine tuned our current Web server as much as we can.

The next step -- which we're taking -- is to spend more money and upgrade our server.

The frustrating part is, The Batavian, while popular locally, doesn't require many resources. Our current server should be able to handle the load just fine. The apparent and probable problem is there are a number of black hat Web crawlers (software programs that visit various Web sites sucking in the content). Black hat crawlers don't obey the ethics of how to crawl a site, they won't let a server administrator block them, and they consume a tremendous amount of resources. 

Based on the usage pattern we're seeing, we believe that doubling our server resources will give us a better ability to handle the load and greatly reduce the number of these periodic site slow downs.

The upgrade should be in place in about 20 minutes from now.

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