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Two people accused of illegal taxi cab operation in Genesee County

By Howard B. Owens

Two people have been cited following an investigation into alleged illegal taxi cab operation in Genesee County.

Julious Murphy, 60, of Ellicott Street, Batavia, was issued citations for alleged improper plates and operating without proper for-hire insurance.

Jennifer L. Cudney, 32, of Walden Creek Drive, Batavia, was cited for alleged operating while on a mobile phone, improper plates, operating out of class and operating without proper for-hire insurance.

Murphy and Cudney were cited by the Sheriff's Office following an investigation that began with complaints about alleged illegal taxi cabs operating in Genesee County.

Taxi cabs in New York must register with the proper for-hire class. The operator must possess a Class E driver's license and the vehicle must have insurance covering the for-hire usage.

Assisting in the investigation were Batavia PD, the DMV and the District Attorney's Office.

The investigation was handled by Sgt. Thomas A. Sanfratello, Sgt. Brian Frieday, Sgt. Dan Coffey, Officer Darryle Streeter and members of the Local Drug Enforcement Task Force.

Car wreck with injuries at Route 20 and Perry Road, Pavilion

By Billie Owens

A two-car accident with injuries is reported at Route 20 and Perry Road, Pavilion. Mercy medics and Pavilion Fire Department are responding. Mercy Flight #5 out of Batavia is available, based on the dispatcher's inquiry.

The accident is blocking traffic. Fire police are requested at Route 20 "at the top of the hill" and at Asbury Road to slow traffic.

UPDATE 7:09 p.m.: A second and third ambulance are requested. Fire police are also called to control traffic at Route 20 and South Street.

UPDATE 7:12 p.m.: Mercy Flight will not be required.

UPDATE 7:22 p.m.: No word on how many people are involved, but four of them will be sign-offs.

UPDATE 8:01 p.m.: The Pavilion assignment is back in service and the road is reopened. One person was transported to Strong Memorial Hospital.

UPDATE 8:14 p.m.: Three other patients were transported to Rochester General Hospital.

GO ART! Artist Road Show in Genesee County is Saturday

By Billie Owens

The Genesee-Orleans Regional Arts Council (GO ART!)  opens the 2013 Artist Road Show in Genesee County this Saturday, May 4th from 10 a.m. to 3 p.m. This event is free for all attendees.

Previously called the Open Studio Tour, this sixth annual event features an Art Trail with 12 artists — from photographers to painters, sculptors to glasswork artists — at 6 studios and galleries in Genesee County, all open for guests experience art and meet the artists in person.

The Artist Road Show is envisioned to provide an exciting opportunity to see artists at work, view or purchase art, raise awareness of art and culture and contribute to tourism in Genesee County. A map of all sites and artists may be picked up at GO ART!, Seymour Place, 201 E. Main Street in Batavia and at participating sites as well as online at <http://www.GOart.org>.
 
Sites and Artists featured in Genesee County include:
 
At Terry Weber Studio: Bernice Yunker & Marilynn Palotti
5769 Ellicott St. Road. (Former E. Bethany General Store), East Bethany
 
Bernice Yunker,
Bernice Yunker, owner of Farmer’s Wife Studio in Elba, paints in a variety of media. Her favorite subject is TREES. She has a B.A. from Empire State College and also studied at R.I.T.
 
Marilynn Palotti
Marilynn Palotti is a retired Pavilion elementary art teacher who believes art is a means of exploring and translating through the senses. Her favorite definition of art comes from her former students who think art is "magic." Marilynn wants to "make magic" in her paintings and continue to learn and grow in her craft.
 
At Ivy Lane Pottery: Jean Grinnell
3384 Broadway Road (Rt. 20), Alexander
 
Jean Grinnell
I am as self-taught studio potter. I believe that art should be touched, used and enjoyed.
 
At Sticks and Stones: Michael and Anita Haefner
2339 Broadway, Darien Center
 
Michael and Anita Haefner
Our artwork is inspired by the beauty of nature. We use all natural materials. This year we have also added vintage reuse items to make some very unique home décor items.
 
At Locally Made Shop: Jan Revier & Colleen O’Connor
58 Main St., Le Roy
 
Jan Revier
I do what your grandmother did – traditional rug hooking. I hook primitive designs using recycled wool and my pieces can be used as rugs, wall hangings or table mats.
 
Colleen O’Connor
I specialize in hand-weaving, using mostly wool and cotton. I create household items such and scarves and rag rugs using recycled materials.
 
At Barn Hollow Gifts: Lori Ann Johnson, Shelly Gillman, & Denise Desmond
7451 S. Lake Road, Bergen
 
Lori Ann Johnson
Nature’s beauty captured in 5x7 matted prints.
 
Shelly Gillman
Beautifully handcrafted beaded jewelry at reasonable prices.
 
Denise Desmond
Denise makes pottery that is decorated in her own unique style.
 
At Oatka School of Glass: Amanda and Lance Taylor
2nd Floor, 56 Harvester Ave., Batavia
 
Amanda and Lance Taylor
Oatka School of Glass is a 14,000 square-foot teaching facility and private studio for Lance and Amanda Taylor. Glass classes are taught year-round and open to the public. We also create and sell our own work at the studio.
 
At Kimbriel and Company Woodworking: James Kimbriel
4th Floor, 56 Harvester Ave., Batavia, NY
 
James Kimbriel
Using domestic and exotic wood and veneer I create everything from night lights to furniture pieces. I will be on hand to demonstrate my techniques and answer questions about working with wood.
 
At Sharon Jahnke Long Portraits: Sharon Long
56 Harvester Ave, #20-01-01, Batavia
 
Sharon Long
One woman asked me at a recent art show, “What got me into doing this?” I quietly replied, “I stare at people a lot, and this is a good excuse for it.” Seriously, I’ve always loved to paint and draw the human face.
 
(The Orleans County edition of the GO ART! Artist Road Show will be taking place on Saturday, May 18th from 10 a.m. to 3 p.m. This event is made possible with the generous support of The Bank of Castile and the New York State Council on the Arts.)

Walk to help cure MS set for Sunday at Dwyer Stadium in Batavia

By Billie Owens

Press release:

Hundreds of walkers from the Batavia area will hit the pavement on Sunday May 5 hoping the payoff is a cure for multiple sclerosis. Nearly 350 walkers are expected to turn out for Walk MS Batavia, with a goal of raising $36,000 for the National MS Society Upstate New York Chapter.

The chapter is holding Walk MS in 19 communities this spring, with an overall goal of more than 11,000 participants and $1.4 million. Funds raised will support direct services for the more than 12,800 people with MS and their families in Upstate New York and research to find a cure for this chronic disease of the central nervous system.

The rate of diagnosis in Upstate New York is about double the national average. In Genesee County alone, there are more than 110 people living with MS. The disease affects more than 2.1 million people worldwide. Most people with MS are diagnosed between the ages of 20 and 50, with at least two to three times more women than men being diagnosed.

Walk MS Batavia begins at Dwyer Stadium with registration at 9 a.m. and a kick-off ceremony at 9:45 a.m.

People can participate in Walk MS Batavia individually or as a team, and can choose from route lengths of one, two and four miles. Folks can register for Walk MS in advance online, or on site the day of the event.

What: Walk MS Batavia

Where: Dwyer Stadium, 299 Bank St.

When: Sunday, May 5; registration 9 a.m.; walk starts 10 a.m.

How: Participants can register on site the day of the event or online at walkMSupstateny.org

BBQ grill fire in backyard on Ellicott Avenue

By Billie Owens

City firefighters are responding to a reported barbeque grill on fire in the back yard at 52 Ellicott Ave.

UPDATE 5:34 p.m.: The problem was a wire that shorted out on a gas grill. Fire is out. City fire is back in quarters.

Photo: 'Bushville Fire Chief' car at dealership on Route 5

By Howard B. Owens

There never was a Bushville Fire Department, so there was certainly never a Bushville Fire Chief, but this Ford Fairlane 500 sure looks like the real deal.

Jay Nichols, owner of two used car dealerships in Batavia -- on Route 5 near Wortendyke and next to Jerry Arena's on Lewiston Road -- acquired this car about three weeks ago from a friend.

It's for sale, but Nichols doesn't really want to sell it, so, he said, the price would have to be right.

There's an old Motorola radio on the dash and the dome light works.

"It's a period car, a parade car, a show car," Nichols said. "It's a cruise-the-town-at-night car."

Legion in Le Roy selects student for Girls State convention in Albany

By Howard B. Owens

Press release:

The American Legion Auxiliary Botts Fiorito Unit 576 named Sydney Chester, of Le Roy, to attend American Legion Auxiliary Girls State. Sydney will study local, county and state government processes in this nonpartisan political learning experience.

Every spring, the American Legion Auxiliary Girls State Program provides approximately 25,000 young women with a hands-on educational opportunity designed to instruct tomorrow’s leaders in the privileges and duties of responsible citizenship.

Delegates receive special instruction in parliamentary procedure and organize themselves into two mythical political parties. They then campaign, hold rallies, debate and ultimately vote to elect city, county and state officials. Once elected to office, delegates are sworn in and preform their prescribed duties. Citizens not elected to office are given appointments and visit the offices of those elected to share their viewpoint as citizens.

Sydney aspires to be a corporate law defense lawyer, and is very excited to take part in the Girl’s State conference. She enjoys getting up in front of people and speaking about what she is passionate about. Ms. Chester also feels Girls State will be a terrific experience for her and can’t wait to attend.

Sydney is the daughter of John and Glenna Chester from Le Roy.

Child care center opening at Robert Morris

By Howard B. Owens

Press release:

Imagination Station Child Care & Preschool will be opening its third location in Batavia on June 3. The newest center will be located at the Robert Morris Elementary School, in the heart of Batavia. The center is centrally located and easy to access from Main Street or Route 98 (Oak Street).    

This family owned and operated child care center opened in Alden, where owners Erik and Kelly Kronbeck reside and are a part of the community. Since opening the Alden location in January, 2011, they have opened a second location in Le Roy, and are excited to be adding a third location to service the needs within the surrounding communities.  

Imagination Station contributes its success to their high standards.

Owner and operator Kelly Kronbeck said “Our program encompasses everything that we wanted as parents, a safe and nurturing environment, one that’s high quality and is professionally run. Of course the teacher in me also wanted one that was academically based and stimulating for our children.” 

Prior to opening her first center, Kelly Kronbeck worked for one of the leading child care centers in Buffalo and taught second grade in Glens Falls, which is where her passion for teaching and importance of early childhood education blossomed.                   

Imagination Station provides care for families with children 6 weeks to 12-years-old. Full-time, part-time, and flexible schedules are welcomed, along with public assistance. 

Imagination Station is offering its new families the first week free when they enroll for the Batavia center prior to June 3rd! Tours are offered daily during operating hours and in the evenings by appointment at one of their other locations. Visit www.istationccp.com for more information or call 585-768-8025 to set up a tour today!

Dailey says proposed school budget is as lean as it can be

By Howard B. Owens

The Batavia City School District is doing everything it can to hold down costs, but federal and state mandates make that more difficult every year, Superintendent Chris Dailey told members of the Batavia Kiwanis Club during their weekly lunch Thursday at Genesee ARC's Community Center.

Besides the long-standing mandates out of Albany, the new national education initiative called Common Core is adding new expenses for the district, Dailey said.

Even so, the district spends $18,207 per pupil annually compared to $20,410 per pupil on a statewide average.

"We're trying everything we can to keep it as lean as possible and keep it as far away from the students as possible," Dailey said.

Over the past three years, the district has cut 26 teacher positions, three administrative positions, three custodial positions and 10 clerical/teacher aide positions.

Voters in the district will be asked to approve a new budget May 21 that increases the district's share of the property tax levy by 2 percent.

Under terms of the state's property tax cap law, the district could have taken the levy up 5.5 percent.

The district is proposing $41,981,241 in spending, which is an increase over last year of 4.7 percent.

A homeowner with an $80,000 piece of property would be asked to pay $36.87 more in taxes annually under the proposed budget plan.

Non-mandated spending that is protected with the proposed budget is kindergarten (the state does not mandate kindergarten and in fact some school districts are eliminating the program), art classes, music in K-5, school plays, athletics, extracurricular clubs and advanced placement courses.

The district also does not see the need right now to increase class sizes.

Last year's school consolidation helped the district save money and keep the tax increase to a minimum, Dailey said.

There are school districts nearby that aren't faring as well, Daily said, and City Schools officials anticipate that in two or three years, some of those districts will become insolvent and the Batavia district will be asked to take on those students, which is part of the reason the district has maintained ownership of the Robert Morris property. The district may need the classroom space if required to absorb students from another district.

As part of the ballot later this month, the district is asking voters to approve a $3.8 million capital investment project that makes ADA-compliant upgrades to Van Detta Stadium and undertakes a number of maintenance and upgrade projects at the high school, Jackson School, John Kennedy School and Robert Morris.

There is also $1.5 million set aside for restoration work at the Richmond Memorial Library, including a new roof.

"We've done everything possible to try and save that roof," Dailey said "There's bubble gum up there holding it together if you really want look. We really need to replace that roof. The library is a gem for the community and it needs to be taken care of and it needs to be done the right way."

Last year, voters shot down a capital investment project that included upgrades to Van Detta that some found excessive.

This time around, the district is merely seeking to improve the handicapped accessibility of the stands and bathrooms.

The district is also looking to fund upgrades at the girls softball field, where conditions recently prompted a lawsuit by a pair of district parents.

Polls will be open May 21 from 7 a.m. to 9 p.m. at John Kennedy School, 166 Vine St., Batavia, and Batavia High School, 260 State St., Batavia.

A public presentation on the budget will be made by Dailey at 6:30 p.m., Tuesday, in the high school's library.

Law and Order: Le Roy resident charged with second-degree assault

By Howard B. Owens

Jesse M. Woods, 18, of Lake St., Le Roy, is charged with assault, 2nd. Woods allegedly fought with a person outside a residence on Myrtle Street, Village of Le Roy, and as a result the other person suffered serious injuries. Woods was jailed on $500 bail.

Matthew Brian Starowitz, 24, of Whitney Mill Road, Elba, is charged with criminally using drug paraphernalia, criminal possession of marijuana, 5th, and parking on a highway. Starowitz was allegedly found parked the wrong way on Whitney Mill Road at 3:06 a.m. by Deputy Frank Bordonaro.

Daniel Taylor Manhardt, 20, of Hopkins Road, Corfu, is charged with unlawful possession of marijuana. Manhardt's vehicle was stopped for alleged equipment violations at 2:01 a.m. Thursday on Cleveland Road, Pembroke, by Deputy Joseph Corona.

'No charges warranted' against teen who was rescued at Indian Falls last night

By Howard B. Owens

Statement from Chief Dibble Gordon Dibble:

With regard to the 05/02/13 rescue at Indian Falls: The only potential charges would have been "trespass." However, the area is not posted, the individual was not directed to leave the property by the property owner prior to the incident and, in recent history, people have been allowed to enter and swim in the area. No charges are warranted.

FWIW: We hadn't asked the question, but Dibble sent this to all the regional media, so it must have been in response to an inquiry or other reports.

NOTE: The Tonawanda Creek through most of Genesee County is public property. It's possible to enter the creek upstream from the falls without trespassing on any private property.

Previously: Deep and swift water makes for risky rescue at Indian Falls

Arrest in Amherst may have solved smash-and-grab burglaries locally

By Howard B. Owens

Local investigators are hopeful that the man responsible for two smash-and-grab burglaries at convenience stores the night of April 25 is in custody.

James Trala, 26, of Buffalo, has not been charged locally yet, but Investigator Kris Kautz, Sheriff's Office, and Detective Pat Corona, Batavia PD, think Trala might be their man.

Trala was arrested by Amherst PD for alleged drunken driving. He was stopped at 1:30 a.m., only a short time after a glass break alarm was set off at a convenience store in Amherst.

Officers recognized the description of Trala's vehicle and put the pieces together that he might be connected to their own smash-and-grab burglary.

Trala has been charged in Erie County with felony DWI, burglary, 3rd, grand larceny, 4th, criminal mischief, 3rd, aggravated unlicensed operation, 1st, as well as a host of misdemeanors and citations.

Kautz and Corona are still putting their cases together for possible charges in Genesee County, but they suspect he is the person who broke through glass doors at the West Main Mini-Mart, 3845 W. Main Street Road, and at Raceway Mini-Mart, 629 E. Main St., Batavia.

The perpetrator fled off with a cash register and cartons of cigarettes.

Trala has prior arrests in Batavia and is thought to be familiar with the area.

Hawley opposes DOT attack on local parades

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) is fighting an attempt by the New York State Department of Transportation (DOT) to put local parades out of business. The agency has advanced a proposal for Special Events Permit 33-C, which would place expensive, overreaching mandates on parade organizers.

The permit would require parade organizers to engage in bonds and insurance coverage they cannot afford, submit overly detailed plans to DOT and adhere to state guidelines that are under local jurisdiction according to state law.

“Our community has maintained many proud traditions throughout the generations, and holding parades to honor our veterans, fire departments and citizens is an integral part of our identity. The DOT’s plan seeks to bring all of that to an end,” Hawley said. “Meddling in a practice that we have conducted safely and successfully for countless decades is a glaring example of big government run amok.

"While the economy lags and so many New Yorkers are out of work, how can state government possibly think that interfering in our local parades is the best use of time and resources? I have been in constant contact with the DOT expressing our community’s disdain for this proposal and I will continue to fight against this attack on one of our most beloved, longest-standing traditions.”

Resturant owner Mike Bohn passes at age 70

By Howard B. Owens

Longtime local restaurant owner Mike Bohn, 70, died Wednesday following a brief illness.

Bohn operated Bohn's on Clinton Street since 1985.

Calling hours will be Sunday from 2 until 7 p.m. at Bohm, Smith Calarco Funeral Home in Batavia. A Mass of Christian Burial will be held Monday at 10 a.m. at St. Mary’s Church.

Burglar caught in the act given two five-year terms in prison

By Howard B. Owens

Francis Smith, whom Judge Robert C. Noonan characterized a "one-man crime spree in our community," is going to prison for a decade.

Smith, 19, was caught in the act of burglarizing a home on Washington Avenue in the city on New Year's Day. He immediately became a suspect in a series of other burglaries in the South Main Street area and eventually entered a guilty plea to two counts of attempted burglary, 2nd.

He was facing a maximum sentence of 14 years in prison. Noonan gave Smith two consecutuve five-year terms.

Loud booms, smoke reported at Route 5 and East Bethany-Le Roy Road

By Billie Owens

A series of four explosions were heard, and smoke reported showing after each one, at a residence across the road from S&S limo service in Le Roy. It's at or near the junction of Route 5 and East Bethany - Le Roy Road. Le Roy police at the scene report nothing showing. Le Roy fire responded and called for all equipment to be held in quarters.

UPDATE 1:35 p.m.: This is a farmer's attempt to rid his property of pesky woodchucks. "There will be several more explosions," says a firefighter, "...This is a matter for police, there's nothing we can do here." Le Roy fire is back in service.

UPDATE 1:46 p.m.: The owner of the limo company wants to talk with police about his concerns regarding this "agricultural operation."

Bomb robot finds box of perfume under mailbox

By Howard B. Owens

As it turned out, the only thing in the box was perfume being returned to QVC, but being left out in the open as it was, local law enforcement didn't want to take any chances.

The box was placed under a mailbox behind M&T Bank and City Slicker's in the Court Street Plaza.

The suspicious package was reported to Batavia PD at 8:30 a.m.

The State Police Bomb Squad was called and a robot was deployed to cut the box open and take a look inside.

The area was cordoned off for more than an hour during the operation.

"In this day and age you can never be too careful of anything that looks out of the ordinary," Officer Eric Hill said. "Most people would return those to the post office if it didn't fit in the mailbox, so that's why we were initially suspicious of the package."

Collins proposes payroll tax deferral for small businesses with new employees

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) pushed the Main Street Revival Act (H.R. 952) in Batavia today. The bipartisan legislation will help promote economic growth and fill vacancies along America’s main streets. Collins is the lead Republican cosponsor of the legislation in the House.

“If Washington is serious about getting our economy back on track, we need to get serious about supporting American small business,” Collins said. “Encouraging and incentivizing new small businesses, particularly in struggling areas, will be critical to rebuilding our economy and this legislation does just that.”

The Main Street Revival Act would allow a small business to defer payment of payroll taxes for one year after it hires its first employee. The taxes will be paid back in equal installments over the subsequent four years. The deferment would hopefully provide meaningful relief to a new small business, or one which is just at the beginning stages of growth, which is traditionally a hard time for my small business owners.

“The ability to defer payroll taxes for one year may be just enough of a break to help a new small business owner hire one more person or purchase a new piece of equipment,” said Collins. “This legislation represents the practical, commonsense solutions Washington needs to take to nurture small business development, create jobs, and spur real economic development in our communities.”

To encourage growth in hard-hit areas, the legislation provides the tax deferral incentive to businesses located in a Historically Underutilized Business Zone (HUBZones) as defined by the Small Business Administration. In NY-27, sections of Batavia, Depew, Lancaster, Lockport, Medina, and Livingston County are designated as HUBZones.

The bill is also limited to true small businesses, those which expect to hire no more than 25 people during the year period for which payroll taxes can be deferred. Lastly, the H.R. 952 makes clear that nothing in the bill will reduce the Social Security or Medicare trust funds.

Collins was joined by Genesee County Chamber of Commerce President Lynn Freeman who praised the legislation.

Collins is partnering with Congressman Eric Swalwell, Democrat of California, on the legislation. “Good ideas that help our small businesses know no political party,” Swalwell said. “I welcome Rep. Collins of New York as the lead Republican cosponsor of the Main Street Revival Act. This bill was inspired by walking the Main Streets of my district and talking with business owners – Republicans and Democrats – about ways the federal government can help them get off the ground, hire employees and succeed. This is sensible legislation to speed up local economic development in the neighborhoods that need it most.”

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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