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Local Libertarians oppose state taking house to build roundabout in East Bethany

By Howard B. Owens

Press release:

The United States Constitution was crafted to protect the rights of individuals. An Eminent Domain clause was entered into the 5th Amendment to protect individual property owners from seizure of their property without the just cause of “public use,” and not without "just compensation."

We at the Genesee County Libertarian Party (GCLP) stand firmly against the seizure of the Douglas family home in East Bethany, NY. There can be no "just compensation" for a family who is forced to sell their home against their wishes. This violation of rights affects all taxpayers as well, since there is no justice in forcing said taxpayers to compensate property owners for a theft committed by bureaucratic means.

While it may be so that a roundabout will reduce the chances of accidents at this particular intersection, the GCLP believes that there are less expensive, and less intrusive solutions available to the NYS DOT which would could help alleviate this issue, while still respecting the individual rights of its citizens.

The GCLP urges the NYS DOT to explore those options, save the taxpayers undue expenses, and offer the Douglas family the security of knowing they are safe from government eviction.

Batavia battles back but comes up short against Honeoye Falls-Lima

By Howard B. Owens

A pick six with a 70-yard return by Andrew Budlong in the fourth quarter felt like a game changer.

The Batavia Blue Devils cut in half their 14-point deficit against the Cougers of Honeoye Falls-Lima and the energy level on the sidelines and in the stands kicked up a notch.

Even Head Coach Brandon Briggs was thinking "win" as the refs signaled touchdown.

"We always talk about X plays, the big plays, and you've got to win the big play battle," Briggs said. "When he was running that back, first I've got to look to make sure we don't clip anybody, and when he was crossing that goal line I was saying in my mind, 'we're going to win this football game.' Momentum swings."

Alas, with two minutes left in the came the momentum dissipated as quickly as it had swung to Batavia.

The Blue Devils were knocking on the door for another six when sophomore QB Greg Mruczek flicked a pass into the end zone that only found white jerseys.

From there, HFL was able to run out the clock. Final score, HFL 27, Batavia 20.

At no point during the four quarters of football did Batavia have a lead.

The Cougers scored in the first quarter on a seven-yard run by Ryan Olivo. At the top of the second quarter, HFL made it 13-0 when Cougers QB Dan Hart hit Jovan Alcorn on a 24-yard TD pass.

Brandon Stevenson finally put Batavia on the board with a 13-yard run, but the Blue Devils went into the locker room down 20-6 at the half.

"We told them when we were down a couple of scores last year at half time against Albion, we came back to beat them," Briggs said.

And the Blue Devils fought back, even after the Cougers opened the third quarter with another score, Batavia never said quit.

Mruczek answered HFL with a 38-yard strike to Stevenson to make Budlong's eventual pick six meaningful.

The defense tightened up and the cause seemed far from hopeless.

"Our theme is to keep chopping," Briggs said. "We're a small team. We're a blue collar team. We've got to come out no matter what and keep chopping away."

The game, like any early season game for a good, young team, is a learning experience, Briggs said.

"Monroe County football is a different horse," Briggs said. "I think our guys found that out tonight. I don't think they're going to pack it in at all. I think we're going to come in with our lunch boxes on Monday and we're going to do a good job."

UPDATE: Stats from the game: Stevenson, 18 carries for 105 yards and a TD, and two catches for 40 yards and one TD. Mruczek was 4-10 for 90 yards, a TD and three interceptions. Tom Garlock had 4.5 tackles and one sack. Budlong has a 77 interception return for a TD.

To purchase prints of photos, click here.

In other Friday night football action:

Alexander scored 64 points against hapless CG Finney for a 64-0 victory. Alexander had 509 yards of total offense, including 452 yards rushing. Dylan Scharlau had 22 carries for 239 yards and three TDs. Scharlau also blocked a punt and recovered the ball in the end zone for a touchdown. Tristan Aldinger filled in at fullback and had three carries for 118 yards and two touchdowns. Will Burke also played fullback and gained 58 yards on six carries and scored once plus three two-point conversion runs. On defense, Burke had 10 tackles. QB Nelson Burke was 2-5 passing for 57 yards and one TD with no interceptions. Zach Laird scored on a 41-yard reception. Cody Trzecieski has five tackles and two interceptions. John George had six tackles and he picked off a screen pass that he returned 28 yards to set up another Alexander score. Alexander is now 2-0 on the season and plays Notre Dame next Saturday.

Notre Dame moved to 2-0 with a 35-21 win over Oakfield-Alabama (0-2). Andrew Mullen carried the ball 18 times for 62 yards and one TD. QB Tim McCulley was 7-18 for 116 yards and four touchdowns. He also carried the ball 13 times for 99 yards. McCulley was 5-5 in PATs. Charlie Hebert had three receptions for 36 yards and one TD. Josh Johnson had two TD receptions and gained 53 yards. Joe Zickl also caught a 22-yard pass for a score. Hebert and Zickl led the defense with 8.5 tackles. Mullen had 7.5 tackles, as did McCulley. Tyler Stroud, 8. Dylan Cory recorded a sack. For the Hornets, QB Allen Chatt was 7-16 for 88 yards and one TD. Chris Nanni carried the ball 31 times for 167 yards and one TD. Nanni also had three receptions for 56 yards and a TD. Chase Manzella had 15 carries for 95 yards and a TD. Dominic D'Alba caught two pases for 15 yards. Manzella led the defense with six tackles and a sack. Jon Harris had four tackles as did D'Alba.

Le Roy moved to 2-0 with a 47-8 win over Bishop Kearney. We did not receive any stats for this game.

The only local game today is at 1:30 when Elba/Byron-Bergen (0-1) hosts Pembroke (1-0).

Semi-pro team plays Troy for championship today in Pembroke

By Howard B. Owens

The Lyndonville Tigers, a semi-pro football team that plays its home games in Pembroke, host the Troy Fighting Irish at 4 p.m. today, in the NFA championship game.

Olympic gold medalist Jenn Suhr will perform the opening coin toss.

Fireworks will follow the game at 8 p.m.

In their 10th season, the Tigers are looking to win its first NFA championship against a Troy team that has won four consecutive championships. Both teams are 9-2 on the season.

Sponsored Post: Join us for the 1st Annual Yuengs and Wings Fest! Saturday September 14th, 4-8 p.m.

By Lisa Ace

Join us for the first ever Yuengs and Wings Fest. Saturday September 14th 4-8 p.m. to benefit Genesee Cancer Assistance. It's sponsored by T.F. Brown's, Big Pauly’s Pizza and the Yuengling Brewery.

This event will be held on the patio at T.F. Brown's, located at 214 E. Main St., in Batavia. The participating vendors are: T.F. Brown's, Big Pauly's Pizza, Main Street Pizza and Batavia’s Original Pizzeria.

Tickets can be purchased at the door.

Each vendor will bring their favorite flavored wing. The $10 ticket price gets you three wings from each vendor -- so 12 wings for $10. We will donate $5 from each ticket to a local charity.

Live music on the patio during the event, with $2 cans of Yuengling Lager and Light Lager. Music entertainment provided by the Strummerz, and Rich Conroy from 4 – 8 p.m. The evening entertainment is Brent Persia.

Yuengs & Wing Fest is sponsored by T.F. Brown’s, Big Pauly’s Pizza and Yuengling Brewery. Proceeds will benefit Genesee Cancer Assistance.

Large mulch pile smoldering on Park Road

By Billie Owens

A large mulch pile is smoldering on city property north of the Sheriff's Office, which is located at 165 Park Road. City fire is on scene.

UPDATE 6:23 p.m.: A firefighter aboard Engine 11 says "We're going to call it a steaming pile of mulch. We're returning to service."

Bonduelle highlights local investment in food processing plants, plans for growth

By Howard B. Owens

If you're a vegetable processing company, "growth" better be your favorite word.

It's a word tossed around dozens of times today during an open house for local officials and regional media at Bonduelle's facility in Bergen.

The family-run, France-based firm purchased the plant, along with plants in Oakfield and Brockport, from Allen Foods in March 2012.

It was a strategic purchase. Bonduelle, which specializes in packaging frozen vegetables under the labels of retailers, sees the United States as a place to grow and the Northeast as suitable target market.

Company executives made four trips to Allen's facilities and decided the plants were under-utilized but were in great locations with great employees, said Daniel Viefaure, CEO of Bonduelle Americas.

"When we visited the plants, what we saw were people eager for improvement," Viefaure said. "They were working under a company that was not as eager for growth as we were and the employees realized that. When they saw we were visiting, they were really interested and I got the feeling that they were the right people to do what we really wanted to do."

To date, Bonduelle has invested for $5.5 million in the four former Allen plants (there's also one in Wisconsin), including $3.5 million in the Bergen facility.

Bonduelle was so eager to grow in its first year that it applied for -- but didn't use because the timing wasn't right -- a $250,000 state grant through the Genesee County Economic Development Center.

While Allen was reportedly losing money on the facilities it sold to Bonduelle, Viefaure said his company was profitable its first year of operations.

The company plans to continue growing its WNY operations and Vielfaure said Bonduelle will likely seek out future assistance from GCEDC to assist with that growth.

Steve Hyde, CEO of GCEDC, said Bonduelle is a great success story for Genesee County, helping to shore up the vegetable end of the county's food processing industry.

“This is a game changer,” Hyde said. “The companies that owned this plant previously were really allowing it to decline and they weren’t investing and they weren’t growing, and now what you see is a 180 (degree change).”

The move into WNY by Bonduelle has certainly had a big impact on its employees in Bergen and Oakfield, who were on the cusp of unemployment under Allen. Bonduelle made a point of retaining the 69 year-around employees at the two plants.

The facilities also employ 188 seasonal workers.

Currently, the Bergen facility processes 107 million pounds of corn, carrots, beans and peas, said James Newcomb, facilities manager for Bonduelle.

Newcomb has 42 years experience working for the companies that roll up into the history of the Bonduelle plants.

On one of the tours today, Newcomb repeatedly emphasized the great care for quality Bonduelle has instilled in the plants, making equipment upgrades, improving training and ensuring only the best produce is purchased from family farms within 75 miles of the plants.

"Our customers were asking for more product, but we didn't have the capacity," Viefaure said. "Our customers are very happy to buy more product from us. They are experiencing growth and they needed more vegetables."

Among Bonduelle's clients is Wegmans, which Viefaure said is a great customer for Bonduelle because of Wegmans insistence on quality vegetables for its brand-name frozen foods.

"Wegmans is a state-of-the-art company," Viefaure said.

While Viefaure did not discuss today the specific expansion plans for his company, he did make clear the company is looking to grow its market share in the Northeast and that will mean expansion in Bergen and Oakfield.

James Newcomb demonstrating how corn kernals are stripped from the cob.

A worker sorting through kernals of cut corn, picking out imperfections. Newcomb said this was his first job in the industry and said it's one of the hardest jobs in the plant.

Big fight on Mill Street in Le Roy

By Billie Owens

A fight involving several people is reported in front of 55 Mill St. Le Roy police are responding. The caller said the brawlers are "rolling around on the ground."

Sponsored Post: MoonJava Cafe to host book signing on September 19th!

By Lisa Ace

MoonJava Cafe will host a book signing for new sci-fi author, Kelda Wells and her first book, "The Whole Story." This one-time event will take place on Thursday, September 19th from 2 to 7 p.m.

With her first novel, Ms.Well's book dives into the complexities of time and space exploration as well as spinning a gripping tale that will keep you on the edge until the very end. The book is available as paperback, hardcover and e-book.

MoonJava cafe is located on 56 Harvester Ave., Batavia, NY.

For more information please call (585) 356-3817. Vist us on Facebook at: https://www.facebook.com/Moonjavacafe

Renter on Bank Street reportedly left dog after moving

By Billie Owens

The woman who rented the lower apartment at 139 Bank St. in the City of Batavia is believed to have abandoned her dog after moving out. A neighbor called dispatch to report that the dog has been in the vacant residence for at least two days. An officer responded to the scene.

Le Roy fire responding to report of smoke in the residence on Platt Avenue

By Billie Owens

Smoke is reported in the residence at 24 Platt Ave., Le Roy.

Le Roy fire and Le Roy ambulance responding.

UPDATE 12:52 p.m.: The smoke is related to some sort of sewer work going on in the village. Le Roy fire standing down. A Le Roy chief informs dispatchers, "we may have a lot more of these in the coming weeks."

UPDATE 2:02 p.m.: The same kind of situation may be responsible for a call about smoke in the residence at 7 Elm St. Le Roy fire is asked to stand by in quarters until the chief confirms it.

UPDATE 2:09 p.m.: The chief confirmed this incident is also due to the ongoing sewer work. The Le Roy assignment is back in service.


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BREAKING: Tom Turnbull named Genesee County Chamber of Commerce president

By Billie Owens

From WBTA

Tom Turnbull, publisher of the Batavia Daily News, will become the new president of the Genesee County Chamber of Commerce.

He replaces retiring Lynn Freeman, who steps down at the end of the month.

Freeman, 70, announced his retirement in June saying he wanted to do other things.

Turnbull has been publisher of the Daily News in Batavia since 2002. He holds a master's degree from the State University at Buffalo.

Inmate at federal detention center on apparent 'hunger strike'

By Billie Owens

An inmate at the Buffalo Federal Detention Center has not eaten for 55 days, according to a caller to dispatch, and an ambulance is called to the facility at 4250 Federal Drive in the Town of Batavia.

The man is said to have "a severe sickness" due to "an apparent hunger strike." Because a Mercy rig is not available, an ambulance from Byron is responding.

UPDATE 11:51 a.m.: Byron is standing down and Mercy is now responding.

UPDATE 12:28 p.m.: The 28-year-old is being taken to UMMC.

UPDATE 3:50 p.m. (by Howard): We're trying to get more information on this situation and have been in touch with a spokesman for ICE. We can say at this point, it's 55 (or 50) meals, NOT days. More information to come, assuming it becomes available.

DOT presents case for Suicide Corners roundabout, listens to residents' opposition

By Howard B. Owens

Town of Bethany residents heard for the first time Thursday night details from Department of Transportation officials on their plans to build a roundabout at Suicide Corners.

There were dozens of citizens in the room. None seemed to favor the roundabout proposal, even after a stats-packed presentation by the state's leading specialist on roundabouts.

"Yeah, something needs to be done, but I don't believe spending that much money is the way to go," said resident Jeff Bloomberg. "I think there are cheaper alternatives."

DOT officials said they looked at all of the alternatives -- from rumble strips to four-way stops -- and concluded a roundabout, at a cost of $2.6 million, is the only solution that addresses all of the issues that have contributed to so many accidents at the intersection.

Where East Road and Route 20 meet, there is a hill to the west that provides less than ideal visibility while a driver looking to the east can see for up to a mile.

Ironically, nearly all the crashes involve cars and trucks coming from the east.

"People get fixated on the hill and even though they can see a mile down the road (to the east), they miss the car 100 feet away," said DOT Project Engineer Eric Thompson (inset photo).

For the study period, going back to the 1990s, there have been 36 total crashes at the intersection and three fatal accidents. There have been 18 right-angle crashes (meaning cross traffic) and 14 of those have involved westbound vehicles.

The agency has tried widening the intersection, adding more signs and adding bigger signs, but nothing, Thompson said, has really improved the intersection much.

There isn't much you can do about inattentive drivers other than slow them down and lessen the chances of right-angle impacts, officials said.

A roundabout does that.

Rich Schell (second photo), the state's roundabout specialist, said that on a nationwide basis, roundabouts have reduced accidents where they've been installed by nearly 40 percent. The number of injury crashes by 76 percent and the number of fatal accidents by 89 percent.

Colorado is one of the nation's leaders, with 200 roundabouts now, in installing such intersections.

Schell referred repeatedly a DOT-installed roundabout in Mendon. The intersection, like Suicide Corners, is rural and involves a heavily trafficked highway with a lot of truck traffic.

During one woman's comments, Schell again pointed to the Mendon roundabout and the woman snapped, "I'm tired of hearing about Mendon. Let's talk about here."

"Well, I like to talk about success," Schell said.

The most serious accidents at Route 20 and East Road involve either northbound cars blowing right through the intersection or making a rolling stop and then continuing.

Only a roundabout, Schell said, addresses both of those issues.

Schell played a video of at least a dozen accidents at intersections that had red light cameras installed. Repeatedly, cars didn't even slow as they approached the red light, even with tractor-trailers in their path or four or five cars crossing in front of them.

"Red light cameras do not save lives," Schell said.

There's simply no device that can be installed at an intersection that solves the problem of distracted drivers. 

"Everybody has had the experience of driving through an intersection and saying, 'Damn, I just ran a red light,' " Schell said. "A roundabout demands your attention and that is what's needed at this intersection."

Rumble strips might slow drivers, but that still doesn't mean they will be as attentive as they should be at the intersection. Rumble strips would not have saved the driver in one accident at the intersection who came to a rolling stop before proceeding.

Many area residents who have seen the roundabout at Oak Street question the raised red-brick median in the middle of the intersection. People have called it a design flaw and implied it's not well thought out.

The raised center serves a very important purpose, Schell explained after the meeting.

"That's important to keep cars from straightening out the curve and going 40 miles per hour through there," Schell said. "Curves dictate speed. There's a direct relationship. People don't like to hear their tires squeal, so putting a curb out there allows trucks to still get through but deflects cars and lowers their speed. Lowering speed is what it's all about."

Slower cars give drivers a better chance at driving defensively and more reaction time to avoid drivers who are ignoring the rules of the road, Schell said.

Even after Schell's presentation and a more than 30 minute question and answer period, the public speakers were uniformly opposed to the roundabout proposal.

"I am dismayed that the only solution that seems to be, at least according to the NY DOT, is a roundabout," said County Legislator Esther Leadley.

There was a sense, people said, that the decision has already been made.

"I think this meeting has been educational and it's got a lot of information," Frank Morris said. "I do think the DOT has turned a blind eye to everything but a roundabout. This meeting is just a formality. Your minds were all made up before we came in here. The input we put in here tonight, I don't believe it was welcomed and I don't believe it was taken seriously."

To some degree the very proposal of a roundabout can be traced back to a petition Tom and Debbie Douglas passed around several years ago.

And that's ironic, Tom Douglas (top photo) noted, because if the roundabout is built, it is his home that will be destroyed.

A firefighter, Douglas is all about safety, but he doesn't believe a roundabout is the logical next step for the DOT, not before rumble strips are tried.

"A simple solution, that I brought to you before, is rumble strips," Douglas said. "In 2004, I was standing right outside, on my front law and I watched that vehicle on East Road. I could see them. I heard the Jake brake. They were talking, having a conversation. They never even touched a brake. A rumble strip would have woken them up."

The couple has raised five children in their more than 200-year-old home. Even though DOT officials promise to do everything possible to find them a suitable replacement home to their liking, that's easier said than done, Douglas noted after the meeting.

He likes older homes, but doesn't want to repeat the massive amount of restoration work and expense he's already put into his house.

The house was once a road stop for weary travelers on historic Route 20.

Dave Carley, a town resident and architect noted that Route 20 was once the longest continuous highway in the nation. It's history goes back even further than English settlements.

The former tavern is more than just a building inconveniently located for new construction.

"It is a piece of our historical heritage in our town," Carley said. "(Tearing it down is) one of the things that happen and continues to happen across the country that we should not allow to happen. It's a beautiful old building."

UPDATE: There is a Facebook group now, Save the Douglas Home in East Bethany.

Dave Fleenor

Accident reported at Route 5 and Route 77, Pembroke

By Howard B. Owens

A two-car accident with possible minor injuries is reported at Route 77 and Route 5, Pembroke.

Pembroke and Indian Falls fire departments responding along with Mercy EMS.

UPDATE 8:29 a.m.: The accident is not blocking and there may be no injuries.

UPDATE 8:30 a.m.: There is at least one person with injuries being treated.

Come apple harvest, there's never a shortage of furry visitors to our yard

By JIM NIGRO

This cottontail no sooner emerged from dense cover when it rose up on its hind legs to sample the green growth from which it came......

but rather than opting for fresh greens, it chooses some brown drying growth - not that it matters, for this is but an appetizer. His main course is waiting beneath the apple tree.

Regardless of the season, there is never a shortage of furry visitors to our yard and this time of year, be it rabbit, chipmunk, squirrel or woodchuck, they all come to feast on the apples.  

Unlike the rabbits and woodchucks, this red squirrel isn't limited to dining on the ground. I'm sure he would much rather have pine cones from a Norway spruce but he's learned to take what he can get. And speaking of woodchucks, that green growth in the background is a travel corridor, so to speak.....

it's one of my wife's flower beds and the woodchuck uses it for cover. Here he's slinking past the ferns and hostas on the way to his dinner. Once he's sure the coast is clear, he'll waddle out into the open and grab an apple. If undisturbed, he will then stand on his haunches and begin gnawing away.

Photo: Repaving School Street parking lot

By Howard B. Owens

Workers have begun resurfacing the city-owned School Street parking lot. The area has been milled and cleaned and new asphalt will be laid soon, weather permitting.

The council approved the $30,000 project Monday.

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