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Car crash at routes 5 and 19, Le Roy

By Billie Owens

A two-car accident with injuries is reported at routes 5 and 19. Le Roy fire and ambulance are responding.

UPDATE 12:59 p.m.: Responders not yet on the road are told to remain in quarters. Injuries, if any, are minor. The vehicles are able to be moved to the side of the road.

UPDATE 1:03 p.m.: The assignment is back in service.

Stout defense helps Notre Dame upset Lady Lancers in Section V semi-finals

By Howard B. Owens

After five consecutive losses to defending state champions -- the Elba Lady Lancers -- the Notre Dame girls came into Tuesday's Section V semi-final match a little more determined and with a different game plan.

For the first time, the Fighting Irish ran a man-on-man defense.

The Lancers, who routinely score 70 or more points a game, were held to 40 on the night, scoring only 11 points in the first quarter and none in the second.

"Elba is a very good high school basketball team, a well coached team," said Head Coach Dave Pero after his team's 45-40 victory. "To shut out a team like that for even a few minutes is a feather in your cap. To do it to Elba is tough to do."

Riley Norton, who led Notre Dame with 16 points and 12 rebounds, said supporters have been encouraging the team to try a man-on-man defense.

The Irish always play Elba tough (one of the few teams that does) and maybe switching up the defense could make the difference.

"The defense worked," Norton said. "Going out and stopping them defensively is what we've been going out and working on day after day after day."

During the first half, the Lancers were often taking shots with only a few seconds on the clock. It was hard for the girls to find open lanes. When they did shoot, too often the ball didn't drop through the hoop.

"I thought, you know, we've got some quickness," Pero said, "let's roll the ball out and see where it falls. We went man-to-man and it paid off."

Tom Nowak, Elba's head coach, said man-to-man isn't something the Lady Lancers regularly see, but they've successfully played against that tactic before and they do prepare for it.

"We struggled in the first half," he said. "We didn't play Elba basketball."

In the previous five losses to Elba, the Irish have taken leads only to watch them slip away.

As the second quarter progressed, the Lancers turned a 12-point deficit into a two down, which raised the question: Would history repeat?

Of course, she thought that very question, Norton said, but she also felt this night was different.

"I knew we were going to fight through it," Norton said. "We fought through it last Friday. We’ve grown as a team since last time we played them. I knew this was our time and I knew we could hold onto it."

With the lead two, a three-point jumper from Emma Francis late in the 4th gave Notre Dame the emotional lift to hold back Elba.

"We said all along, and this seems to have happened the last four or five times they've beat us, we've got that one bad quarter," Pero said. "We seem to lose our momentum. Well, tonight, they hung in, they stayed composed and it's a great win for the girls."

The rivalry between Notre Dame and Elba is long-standing and crosses the lines between girls and boys sports and wraps in football as well as basketball.

On a slushy winter night, nearly 200 fans of the teams made the hour-long drive to Dansville for the game. Both sides were loud and proud until the final seconds of the game.

When the final buzzer sounded, Elba students rushed onto the court and mobbed the Elba players. The scene suited a championship game, not just a stepping stone to the next round.

Norton was clearly ecstatic after the win.

"This is my senior year," Norton said. "I didn’t want to stop playing. I want to get that patch on Sunday."

Pero admitted, it was a big win for him, too.

Personally, any time you can be a coached Tom Nowack team it’s great, because to me he’s one of the top coaches in Section V," Pero said. "Any time you can match wits with him,  it’s a feather, but it’s all about the girls. It’s not about me or my coaches. It’s about the girls. Without them I’d be nothing, so hats off to them."

Elba had a great run that included a state title and a breathtaking winning streak. Nowak said his girls should be proud.

"Like I told the kids, you’ll look back 10 years from now, 15 years, and realize what you accomplished," Nowak said. "I said I’ve been coaching 35 years in Elba and never did I experience anything like I did last year and this year, winning 44 games in a row. They will be really proud of that accomplishment down the road when they come back and think about it."

Notre Dame plays Friday for the sectional title, 8 p.m., against Romulus at Letchworth.

Photos: Laurie Call and Bailee Welker celebrate following the big win. Emma Francis drives for a lay-up against McKenzie Bezon. Riley Norton and Jamie Marshall fight for a rebound in the 4th quarter. Norton and Kelsey Bezon in the 4th quarter.

To purchase prints of photos, click here.

Proposed budget and capital project, plus a call for legislation topics of Batavia school board meeting

By Kathie Scott

Highlights from the Batavia City School District (BCSD) Board of Education meeting on Feb. 26 include news and updates about the following: 

  • Preliminary Budget Update
  • Legislative Updates & Promoting Local Involvement
  • Capital Improvement Proposal Approved

 

Preliminary Budget Update

Superintendent of Schools Christopher Dailey and Business Administrator Scott Rozanski have met with the Budget Ambassadors and are reviewing the ambassadors’ budget surveys. Those suggestions and comments will be brought into consideration as work on the Proposed Budget for the 2013-2014 school year continues.

Before the process began, the board of education had directed Dailey and Rozanski to contain any budget increases to no more than a 2 percent. Preliminary figures presented by Dailey indicate that a “rollover” budget -- one that maintains but does not add any new expenditures - would result in a 4.26-percent increase to the budget and a consequent 6.11-percent increase in the tax levy.

Furthermore, the superintendent noted that the calculation for our district’s Property Tax Cap Levy* equals a limit to a 5.51-percent increase (*As has been widely reported, the Property Tax Cap Levy, popularly called “the 2-percent tax cap,” is actually calculated by using the state’s eight-step formula, then adding items that the state has identified as exempt from the restriction. If a district’s proposed budget falls at or below this calculated limit, passage of its budget requires 50 percent voter approval. If a proposal exceeds the calculated limit, passage requires 60 percent voter approval. )

In order to get to a flat 2 percent tax levy increase, nearly $750,000 needs to be reduced from the preliminary budget, or, to close the gap between the 2 percent goal and the allowable threshold, nearly $638,000 needs to be cut.

Dailey and Rozanski will continue to process the ambassadors’ comments as well as all the updated figures for such things as retirements and state aid and will report to the board as progress is made toward the final budget proposal.

Legislative Updates & Promoting Local Involvement

Superintendent Dailey reported that the Genesee Valley School Boards Association Advocacy Forum and Legislative Breakfast was well attended by regional school officials and students, including several from our district.

Discussion with the legislators who were present centered on: reducing the state mandates that financially cripple districts; eliminating the GEA (Gap Elimination Adjustment which was instituted to help close the State budget deficit by taking back some of the education aid that had been promised to districts); educating voters about the aid formula that continues to provide funding for high-wealth/low-need districts, despite the increasingly high needs of low-wealth districts in meeting basic education requirements; and encouraging residents to contact their representatives including the governor to let their elected officials know the critical impact of their decisions and aid distribution.

Dailey commended BHS student and Student Ex-officio Board Member Kaitlin Logsdon for speaking to the legislators about how the loss of state aid has impacted the lives of students in our district.

Dailey, in the midst of discussion about the legislative impact on education, highlighted a few opportunities for board and community members to get more involved:

  • Have staff, administrators and board members, as representatives of the school district, continue to take advantage of opportunities to meet with our elected officials. The Legislative Breakfast was one such opportunity. While in Albany this coming Tuesday, Dailey is scheduled to meet with Assemblyman Steve Hawley and Senator Michael Ranzenhoffer at which time he will discuss the impact of the GEA on our community and students. He would gladly take any notes or postcards from residents, students and staff and hand deliver them.
  • Attend the Statewide School Finance Consortium’s education rally featuring Rick Timbs, Ph.D, executive director of the Statewide School Finance Consortium and a leading voice in the fight for fair and equitable education aid. This gathering will be similar to one held in the Albany area in January titled, "Your Public Schools in Fiscal Peril: Running Out of Time and Options," which served as both an educational session and advocacy rally. Our regional rally will be held at Geneseo Central School District on March 12 at 6:30 p.m. (Note: The board voted to attend the rally in place of a board of education special meeting that was originally scheduled for that evening. They will be encouraging parents, students and other community members to help them provide strong representation from our district.)
  • Write, and encourage other community members to mail letters and postcards, to legislators urging them to restore aid and to distribute aid equitably so that students in our district receive the same educational opportunities as other students in the state. Actual mail is more effective than e-mails.
  • For more background on the Statewide School Finance Consortium and the financial crisis facing schools, visit the SSFC Web site: http://www.statewideonline.org/

Capital Improvement Proposal Accepted

The board voted to accept the proposed $3,841,000 capital improvement project and will bring it to the voters in May.

An overview of the proposal was presented at the previous (Feb.12) board of education meeting by Jerry Young of Young and Wright Architectural. The proposal will be presented to interested community groups upon request. Please contact the Superintendent’s Office (343-2480, ext. 1000) if interested in scheduling a presentation.

Main components of that presentation (as posted with the BOE Highlights from Feb.12) included the following:

The major components of the $3,841,000 proposed project include work at Richmond Memorial Library ($1,590,000), VanDetta Stadium/Batavia High ($548,000), Batavia High School ($406,000), Jackson Primary ($621,000), John Kennedy Intermediate ($557,000), Batavia Middle School ($80,000), and Robert Morris ($39,000). Most of the items outlined and pictured by Young in his presentation addressed building deterioration or legal compliance issues.

Work at Richmond Memorial Library ($1,590,000) would include slate roof shingle replacement, flat roof replacement, masonry restoration on the original building, window and door replacements on the original building and addition, site work (including sidewalks, roadway, and parking), and interior improvements such as carpet and emergency lights.

Work at VanDetta Stadium/Batavia High ($548,000) addresses both gender-based discrimination targeted by Title IX of the federal Educational Amendments Act of 1972 as well as discrimination based on disabilities as outlined in the Americans with Disabilities Act. The scope of work includes improvements to the girls’ softball field (dugouts, scoreboard and fence) as well as improving or creating handicapped access to the bathrooms, the concession stand, the ramps to stadium seating, and handicapped seating.

Work at Batavia High School ($ 406,000) includes site work for additional parking and a sidewalk to Genesee Valley Educational Partnership, HVAC upgrades, energy-efficient lighting and a motorized curtain in the gym, new hot water heaters and gas meters, and some security improvements.

Work at Jackson Primary ($621,000) includes site improvements for the playground and parent drop-off, masonry restoration on the chimney and corners of the building, window replacement on the second floor, bathroom installation in the kindergarten wing, and some security improvements.

Work at John Kennedy Intermediate ($557,000) includes window replacement on the original building, masonry restoration, energy-efficient lighting improvements in the gym, and some security improvements.

Work at Batavia Middle School ($80,000) includes a new hot water heater, air conditioning in the cafeteria, masonry restoration on the chimney, and energy-efficient lighting improvements in the gym.

Work at Robert Morris Elementary ($39,000) includes the replacement of a sanitary line in a crawlspace.

Plans for financing the project include the use of the Capital Reserve Fund for non-aided projects such as Richmond Memorial Library and VanDetta Stadium. For the remainder of the project, the Selected Building Aid ratio for 2012-2013 is 0.799 (or 0.201 local cost) for school buildings. In addition, other financing options such as Public Library Construction Grants and State Historic Preservation Funding will be pursued for the library projects. Grant applications, however, may only be made after the public approves a project.

Batavia cruises into the sectional finals

By Nick Sabato

Batavia will play for the Class B1 crown after demolishing Livonia, 75-38.

This will be the Blue Devils’ first trip to the sectional finals since 2010. Coincidentally, they beat Livonia to win their second consecutive sectional championship that season and reached the semi-finals of the New York State tournament.

The Blue Devils scored the first 10 points of the game and never looked back, building a 19-2 lead at the end of the first quarter.

Jalen Smith scored 15 of his game-high 20 points in the first half as top-seeded Batavia carried a 37-point lead into the break.

Justin Washington, a freshman on that 2010 team, had another superb outing for the Blue Devils, scoring 10 points, grabbing nine rebounds, dishing out five assists and collecting three steals in the victory, while Justice Fagan scored 12 points off the bench on 4-of-5 3-point field goals.

Batavia (17-3) will face second-seeded Newark (14-6) in the Class B1 Final at the Blue Cross Arena on Sunday at 3 p.m. after they blew past NE/NW College Prep in the other semi-final matchup, 70-44.

Cody Cronmiller had 17 points and six rebounds for Livonia (10-10) in defeat.

Slush falling on Genesee County, expected to continue all night

By Howard B. Owens

It's a big slushy, sloppy, slick, spongy mess on Genesee Couny roads tonight.

The National Weather Service put out a special whether statement at 10:30 p.m. advising us that we can expect this slush all night, making for potentially hazardous travel conditions.

Anybody returning from the Notre Dame/Elba basketball game in Dansville on Route 63 tonight hit a roadblock at Route 36 because of an accident. I took 36 north to York Road and was behind a long line of cars. York Road was covered by something much more like snow than the slush we encountered starting in Pavilion.

Temperatures in Batavia are not predicted to drop below 36 degrees, but the precipitation is expected to be relentless.

The City of Batavia has three salt trucks out working city streets.

As for basketball, Notre Dame upset Elba 45-40, ending the Lady Lancers' 44-game winning streak and dashing hopes of a state title repeat. We'll have photos and a story posted as soon as possible (probably not until mid to late morning).

Nick Sabato was at the Batavia game for us and will have a story later. The Blue Devils crushed Livonia 76-38.

Pavilion responds to big rig and car collision on Big Tree Road, Town of Covington

By Billie Owens

A tractor-trailer and sedan have collided at 7695 Big Tree Road, Town of Covington. Pavilion Fire Department and Mercy medics are responding. It's not yet known if the accident is blocking traffic. Mercy Flight's availability is being checked.

UPDATE 9:26 p.m.: Mercy Flight out of Batavia and Buffalo is not available due to weather conditions.

UPDATE 9:28 p.m.: The roadway is iced over heavily and it does not look like the state DOT has cleared the roads. Emergency responders are told to use extreme caution. A responder on scene reports one minor injury. The accident is partially blocking traffic. A second ambulance is called in.

UPDATE 9:35 p.m.: Southbound traffic will be stopped at routes 63 and 246. The semi-truck driver will need to be checked out. The personal vehicle had driver's side impact and the driver will need to be evaluated.

UPDATE 9:38 p.m.: The accident is deemed to be completely blocking northbound traffic.The site is near the Agrifab & Repair facility.

UPDATE 9:58 p.m.: The semi-truck driver is declining medical treatment. The second ambulance is cancelled. The driver of the sedan is being taken to UMMC.

UPDATE 10:30 p.m.: The driver of the sedan, an 18-year-old female, is being taken to UMMC with a complaint of lip pain.

UPDATE 12:40 a.m. Pavilion back in service.

For the third time, Niagara County cop enters not guilty plea in alleged Darian Lake assault

By Howard B. Owens

Each time Niagara Falls police officer  Kelly Alcorn has appeared in court, it's been to answer to a new charge stemming from the same alleged incident Aug. 25 at the Darien Lake Performing Arts Center.

Each time she's entered a not guilty plea.

"And we mean it," said her attorney Norman Effman after her appearance in Genesee County Court this afternoon.

Alcorn is accused of getting into a scuffle with another patron inside the ladies' room at the Jason Aldean concert.

According to an indictment handed down by the Genesee County Grand Jury, Alcorn allegedly slammed the victim's head against a cinder block wall.

Alcorn was originally charged with misdemeanor harassment, but the alleged victim contacted Buffalo media to complain that she had been much more seriously injured and that she thought Alcorn should face a more serious charge.

A few weeks later, Genesee's District Attorney's Office upgraded the charge to third-degree assault after reportedly receiving medical reports, and then when the case was presented to the grand jury, the charge became assault in the second degree.

As a 20-year veteran of law enforcement, a felony conviction could end her career.

Effman confirmed today that Alcorn is currently suspended without pay.

During bail review with Noonan, Effman said that Alcorn is divorced, lives in Grand Island and shares custody of her two teenage children with her ex-husband.

She was released on her own recognizance, as she has been since her initial arrest.

The case reached this stage, Effman said, largely because of pressure exerted by the alleged victim, who has pushed the case through the media.

Effman said that any time a defense attorney takes on a case, he starts preparing for trial, but in the Alcorn case, Effman said he thinks a trial is likely, rather than a plea deal.

"She has a positive history in law enforcement," Effman said. "She has a positive history as a citizen. All of that will play into how we defend the case."

Forecast is for hazardous weather tonight and tomorrow, cold and snow over the next week

By Howard B. Owens

The National Weather Service is telling us to be on the lookout for some sloppy weather starting this evening.

Heavy precipitation -- rain first, then sleet and snow -- is expected to hit WNY and a hazardous weather outlook statement has been issued.

Wet snow is expected later tonight.

The forecast Wednesday through Monday is colder temperatures with more snow and minor accumulations.

Francis Smith faces seven more burglary charges in Batavia

By Howard B. Owens

New burglary charges have been filed against Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, who was arrested Jan. 1 while allegedly committing a burglary on Washington Avenue.

Batavia PD announced this morning that Smith is now a suspect in burglaries on River Street, South Main Street, Pearl Street, Madison Avenue and Franklin Street.

In all, he faces seven new burglary charges to go along with the initial charge from Jan. 1 as well as two additional charges brought by the Sheriff's Office earlier this week.

Smith is being held in the Genesee County Jail.

Avon stuns Notre Dame in Section V playoff, 60-58

By Nick Sabato

Notre Dame’s perfect season came crashing to end when Avon clinched the Class C1 Semifinals, 60-58.

The Fighting Irish entered the contest at 19-0 on the season, looking to win their second straight sectional championship after making it to the New York State Class D Semifinals last season. But this season they moved up to Class C and the Braves proved to be too much to handle.

“We knew it was going to be tougher,” said Notre Dame Head Coach Mike Rapone. “Even though they moved us up a class, we still have the student body of a Class D school. It showed tonight. They had a little more depth, a little more physicality, a few more big kids than we had, and it was the difference in the game.”

In the first quarter, it appeared as if top-seeded Notre Dame would take control of the game, but Avon cut the deficit to three on a buzzer-beating shot off an inbound play by Zack Rizzolo to end the first quarter.

The Braves would carry that momentum into the second as they scored the first seven points of the frame.

Not to be outdone, the Irish responded with a 13-4 run of their own to recapture the lead heading into halftime, 29-26.

The third quarter belonged to the star players on each team.

Avon’s Zach Mouw started the second half red-hot, scoring 12 of his team’s first 13 points of the frame, however Notre Dame’s Tim McCulley responded by scoring 12 of the team’s 18 points in the quarter.

“Tim did a nice job,” Rapone said. “They were really pressing hard to take (McCulley, Tommy Prospero and Jared Thornton) out of the game. Tim did what he had to do, he found the gaps and he got inside.”

Mouw had 22 points midway through the third quarter, including connecting on four shots in a row, before Rapone matched Thornton on him in an attempt to take him out offensively.

Mouw did not score a point the rest of the game, but Avon’s role players began to step up, particularly on the boards, as the Braves racked up four offensive rebounds in the fourth quarter alone.

“It was something I was concerned about, but the main reason it happened was because we had to switch defenses to stop Mouw,” Rapone said. “We had to pick our poison.”

Avon took the lead with three minutes to play after Galen Snyder scored off a Mouw pass and drew a foul in the process. Freshman Gerad Coyne would then connect on a three-pointer from the wing with 2:40 to play, putting the Braves up by six.

The Irish would then storm back, getting two quick baskets from McCulley to cut the lead to two with just over a minute to play.

Coyne would appear to step out of bounds on the ensuing possession, but Avon was granted a timeout, allowing them to run the clock down to 30 seconds before turning the ball back over to Notre Dame.

McCulley was fouled on the next trip down the floor in what appeared to be the game-tying lay-in, but the basket was waved off, forcing the Irish to inbound from underneath.

“We thought Tim had the game-tying basket but it was waved off,” Rapone said. “Calls are calls and the officials make them. You have to live with it and move on.”

Ryan Bender appeared to have an easy lay-up with 10 seconds left, but Tyler Hite rescued the Braves with a game-saving blocked shot.

Prospero would get one last heave at the basket but was unsuccessful as their season came to end.

Mouw led the way for fifth-seed Avon (14-7) with 22 points, seven rebounds and two steals as they advance to the Class C1 Finals on Saturday to play Mynderse at the Blue Cross Arena.

McCulley led Notre Dame (19-1) in a losing effort with 22 points and eight rebounds, while Prospero added 15 points, four rebounds and four assists.

In girls basketball, Batavia beat Pal-Mac 71-68. Madison McCulley scored 30 points and Tiara Filbert added 21 with nine rebounds. Essence Williams also had nine rebounds.

City council backs trash freedom for Batavia residents

By Howard B. Owens

As it stands right now, if you're a City of Batavia resident, you have no idea who will pick up your garbage come April 1.

Monday night, the city council rejected, on a 2-7 vote, a change in the trash ordinance that, by their own admission, they asked city staff to draft. And with the Genesee ARC contract expiring March 31, it will take some quick work to come up with a new trash plan.

The clear direction from the council members after the 2-7 vote: get the city out of the trash business.

That means a municipal contract with Genesee ARC, after 28 years, will not be renewed and each property owner or resident will be free to select any trash collection vendor.

Councilman Jim Russell said that while council members heard from Genesee ARC supporters, they also heard from a lot of people who liked the proposed changes to trash collection in the city. But more, he said, they heard from people who said the city shouldn't be involved in trash collection at all.

"The City of Batavia or any government entity doesn’t belong in business if they don’t have to be," Russell said. "We have a lot of work to do. But if we can make this happen, people will have the choice they asked for."

Donna Saskowski, executive director of Genesee ARC, said after the decision that her agency is ready to provide trash service to city residents on a contract basis if the council fashions a plan that allows ARC to fulfill its primary mission: Employ people with disabilities.

"I think there needs to be some resolution and some more equitable way to charge people for trash and recycling," Saskowski said.

ARC is has always been ready to provide a rate-based service, she said.

"We never had that discussion," Saskowski said. "They never discussed that with me. We never knew about the rates. I think that’s something that’s really up to the council. We’re ready to provide a service. We’ll see what happens."

Saskowski indicated, however, there's still a chance Genesee ARC could get a sole-source contract with the city.

"I still think preferred-source vendor discussion should still be on the table," Saskowski said. "I don't think the city administration agrees with me, but I think it should.

"I was always willing to work ith the city before and I'm willing to work with them now."

The two votes in favor of the new trash plan came from Pierluigi Cipollone and Rose Mary Christian.

Cipollone pointed out that the proposal before the council was what members asked city staff to draft and by the direction of council, it reduces property taxes.

"If we're trying to be a fisically responsible council, this is something we need to do," Cipollone said.

After the decision was made, Cipollone warned that the council was about to embark on a plan that would cost city residents a lot more money.

"The people of Batavia will be spending more now on an individual basis than they would have from any of the offers on the table," Cipollone said.

Molino said he accepted the council's decision to change directions at the 11th hour.

"We did what we were asked in putting together budget, but sometimes things take turns we can’t predict," Molino said. "That happened this time, so now we respond to it."

At a Wednesday evening meeting, city staff will present a plan to the council that will keep trash out of the city budget -- meaning the 16-percent tax cut is retained -- and prepares the city for conversion to a self-selected, private-hauler solution.

Between now and Wednesday city staff will need to figure out the logistics of ensuring all city residents are ready to contract for their own trash collection by April 1, or find out if it's possible to extend Genesee ARC's contract for some period of time, buying more time for the conversion to a private-hauler system.

BREAKING: trash proposal fails on 7-2 vote

By Howard B. Owens

City council votes down proposed trash ordinance 7-2. The rest of the agenda is tabled, including the budget proposal.

Direction from council to City Manager Jason Molino is to get the city out of the trash business completely.

Photo: Former Green Wolf Pub up for auction

By Howard B. Owens

We posted earlier today about plans by the City of Batavia to auction off properties obtained because of unpaid taxes. One of those properties is the former Green Wolf Pub on Ellicott Street.

Potential business opportunity for somebody.

Hawley promoting talking of two-state solution for New York

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) is carrying out a number of interviews to garner support for his legislation that would allow New Yorkers to answer the question “Do you support the division of New York into two separate states?”

Hawley has participated in, and scheduled future interviews with, high-profile outlets such as Capital Tonight, Talk 1300 Radio and WBEN Radio to highlight Assembly Bill 391, which would help Upstate and Western New Yorkers make their voices heard in state government by allowing counties to put the aforementioned question to a non-binding voter referendum.

“Due to the fact that much of New York’s population is concentrated Downstate – primarily in New York City – the vast majority of statewide legislative leaders are not from Upstate or Western New York. As a result, many local families feel their needs are ignored in state government,” Hawley said.

“I have been promoting this legislation across New York to garner support for this measure, which would allow the people of this state to decide for themselves if they would be better represented in the Capitol if New York were split into two separate states. This legislation is meant to give our local families a voice in state government, and I will continue fighting to make our voices heard in all corners of this great state.”

Hawley cited two examples of statewide policy advanced by New York City-area legislators that has drawn the ire of Upstate and Western New Yorkers -- gun control and Medicaid spending.

“We have seen time and time again that one-size-fits-all is not an effective way to approach government,” Hawley said. “When Downstate politicians tax and spend our economy into peril and infringe on our Constitutional rights, our communities are the ones that suffer. We deserve a voice at the table, and that’s what this legislation aims to achieve.”

Statement from Rep. Chris Collins on looming spending cuts

By Howard B. Owens

Press release:

The President insisted that these devastating, across-the-board spending cuts become law as part of the debt negotiations back in 2011. Now four days away from these cuts taking effect, he is telling the American people the only way to avoid the pain is to raise taxes – again.

I am very disappointed the President is not working with us to find a solution. The House first passed legislation 290 days ago to replace the President’s sequester with smarter, more responsible spending cuts. The Senate and the President never addressed those bills.

The President is now threatening an apocalypse if he doesn’t get a second tax hike in eight weeks. There are smarter, more bipartisan ways to replace President Obama’s sequester than higher taxes on hardworking Americans.

Noonan wants to hear from expert before sentencing man in shaken baby case

By Howard B. Owens

The sentencing for Randy Johnson, a Batavia man who admitted in November to causing a baby's brain injuries, was delayed today because Judge Robert C. Noonan wants to hear from an expert witness before deciding how to proceed.

Noonan said he has the full range of sentencing options for Johnson, from probation to seven years in prison, but he doesn't have enough information.

"The missing companion is a medical analysis of exactly what conduct had to be occasioned on the victim in order to cause such a serious medical outcome," Noonan said.

Noonan would like prosecution to bring in either the treating physician or an expert in shaken baby syndrome to fill in the missing information.

He said the defense would also have an opportunity to present testimony and the defense would have the option of putting Johnson on the stand.

Both of the primary attorneys in the case, District Attorney Lawrence Friedman, and Deputy Public Defender William Tedford, are on vacation, therefore not in court today. Noonan asked for a date -- 10:15, a.m. March 14 -- with both attorneys able to give an estimate of the time they would need for testimony.

The hearing will set be at a later date.

On Nov. 28, Johnson admitted to causing the injuries to the baby, but entered his pleas to reckless assault on a child on an Alford plea basis. He said he cold not admit to the specific actions attributed to him by the prosecution.

Trash tops tonight's city council agenda

By Howard B. Owens

The Batavia City Council meets at city hall tonight at 7 o'clock and top on the agenda are the proposed changes to how garbage and recycling are collected in the city.

The council will be asked to pass several resolutions, which will: alter the city's solid waste code; enter into a bond anticipation note to buy totes; enter into a contract with Allied Waste Services for trash and recycling collection; purchase totes from Cascade Engineering; establish a refuse and recycling fund; and set a refuse and recycling user fee.

All must pass in order for a new system to go into effect.

Supporters of Genesee ARC are expected once again to fill council chambers in hopes of persuading at least five council members to vote against the proposed plan.

If the changes go through, a 28-year relationship between ARC and the city for garbage collection comes to an end.

Following the seven resolution items, the council will be asked to adopt a budget resolution. The budget contains an 16-percent cut in the property tax rate. The reduction hinges on the new trash program. If that vote fails, it's unlikely the council will be able to approve the proposed budget and the city will need to redraft the budget.

There is no agenda item for public comment during the special business meeting.

Following the special business meeting, the council will hold a conference meeting.

On the conference meeting agenda are items to establish an investment policy and the Dwyer Stadium lease for the Batavia Muckdogs.

Also on the agenda is consideration of foreclosed properties.

The city has foreclosed on five properties for delinquent property taxes. City staff is recommending three of the properties go up for public auction and that two of the properites be provided to Habitat for Humanity for restoration.

Recommended for auction are:

  • 339-341 Ellicott St., zoned commercial, valued at $60,000 and with $23,061.57 in unpaid property taxes.
  • 10 Swan St., zoned commercial (but looks like a residential property), valued at $61,000 and with $18,730.08 in back taxes.
  • 61 Oak St., single family, valued at $83,000 and with $24,894.08 in taxes owed.

Recommended for Habitat are 11 Harvester Ave. and 2 McKinley. Both properties were once owned by the Pontillo family. Both properties have been vacant for a considerable amount of time. Habitat, according to the staff report, has reviewed both properties and expressed an interest.

Over the past seven years, Habitat has rehabilitated five single-family homes in the city. The average assessed value has climbed from $49,520 to $68,400.

Law and Order: Students accused of stealing XBox at College Village

By Howard B. Owens

Jihad Abdul Hakiim, 19, of W. 168th St., New York City, and William A. Hucks, 18, of State Road, Webster, are charged with burglary, 2nd. Hakiim and Hucks allegedly entered a dormitory suite at College Village through a window and took two XBox game consoles and games. Hakiim was jailed on $15,000 bail and Hucks was jailed on $5,000 bail. The case was investigated by Deputy Brian Thompson with K-9 Pharoah, Investigator William Ferrando, Deputy Patrick Reeves and Trooper Eric Daigler.

Jessie Marie Cramer, 27, of Bank Street, Batavia, was arrested on a bench warrant. Cramer allegedly failed to appear in Town of Batavia Court on a petit larceny charge.

Justin Ryan Bidell, 38, of Meadville Road, Basom, was arrested on a bench warrant. Bidell turned himself in to the Sheriff's Office on a warrant for alleged failure to pay fine.

Andrew William Bruckman, of Robertson Road, Churchville, is charged with unlawful possession of marijuana. Bruckman was stopped on Route 33, Stafford, at 6:08 p.m. on Saturday by Deputy Kevin McCarthy, for allegedly pulling a trailer with switched plates and having an unregistered trailer. During the stop, Bruckman was allegedly found in possession of marijuana.

Steven Ronald Dennis, 23, of Maple Ridge Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (94 in a 55 mph and 84 in a 30 mph), and unlawful possession of marijuana. Dennis was stopped at 1:21 a.m., Sunday, on Water Street, Oakfield, by Deputy James Diehl.

Eric Alexander Ion, 40, of Pike Road, Batavia, is charged with felony criminal contempt and assault, 3rd. Ion allegedly violated an order of protection by assaulting the protect party, causing injury. Ion was jailed on $2,500 bail.

Jon Hoyt Bush, 29, of Route 98, Elba, is charged with criminal contempt, 2nd.  Bush was arrested on a warrant after being released from the Livingston County Jail. Bush was jailed in Genesee County on $1,000 bail.

Cazan Jayrryary Cummings, 20, of Avenue W, Brooklyn, is charged with trespassing. Cummings was allegedly at College Village after being banned from the property.

Nicole Lee Cramer, 23, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Cramer was a passenger in a vehicle stopped on Route 5, City of Batavia, at 1:07 a.m. on Saturday by Deputy Patrick Reeves. Cramer was allegedly found in possession of alcohol in a motor vehicle. Upon further investigation, an amount of suspected cocaine was found concealed in an undergarment.

Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
Tags: garage sales

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