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Photos: Golf tournament benefits local athletics

By Howard B. Owens

Today is the 7th annual Dave McCarthy Memorial Golf Tournament at Batavia Country Club.

McCarthy was an avid athlete who died in a car accident in 2006.

A field of 144 golfers along with 60 sponsors are raising funds to support athletics in Batavia, including hockey scholarships, Little League, and helping economically disadvantaged families get their children into hockey.

Billy Sutherland, Dan Fix, Mike Sisson and Kevin Rogers.

Paul Spiotta, kneeling, Brett Decker, James DeFreze and Jim DuRei.

'Sydney' is missing in Le Roy

By Howard B. Owens

"Sydney," an older, slender German shephard owned by Andrew and Carrie Lathan, is missing.

She was wearing a pink collar when last seen yesterday heading southbound on Route 19 in Le Roy, just past Munson Street.

Anybody with information can call the Lathans at (585) 768-2278 or contact the Le Roy PD.

UPDATE 11:51 a.m.: Thanks to readers of The Batavian, according to the dog's owners, we are happy to report that Sydney has been located and returned home safely.

No primary for the GOP in District 6, but Leadley plans to challenge for seat in November

By Howard B. Owens

It smarted, Esther Leadley, when she didn't get the GOP's endorsement for the District 6 seat on the Genesee County Legislature.

The incumbent legislator vowed not to run a primary against the endorsed candidate, Greg Torrey, but that doesn't mean she will give up her seat without a fight.

Leadley announced today that she is running in November's general election.

"I am challenging the endorsed candidate for the District 6 seat on the Genesee County Legislature," Leadley said. "District 6 consists of the towns of Alexander (which includes the Village of Alexander), Bethany and Pavilion. I believe my experience on the Legislature and knowledge of the district and county are of considerable value to District 6 and all residents of the county."

It's been a challenge, Leadley said, to learn the ins-and-outs of running as an independent candidate.

"It smarted when I wasn't endorsed but I never lost my footing and my integrity is intact," Leadley said. "It took several weeks to decide what to do with what had been handed to me.  The outcome of this challenge will be decided at the polls in November."

Leadley also said running primary elections add to county expense and so it's better to run in the general election if she wants to retain her seat.

The new voting machines create an enormous cost because they have to be moved from and back to the controlled storage space," Leadley said. "Staffing at the polls and paper ballots add to the costs. District 6 taxpayers should not have to pay for a political disagreement. The County Board of Elections also sustains large expenses for a primary. Indirectly, those costs come out of taxpayers' pockets at the County level as well. In effect, District 6 taxpayers would pay twice for a primary. I would be irresponsible if I were to force a primary."

Driver says she fell asleep prior to accident that caused car fire

By Howard B. Owens

A young woman from Le Roy said she believes she fell asleep before her car went off the road on Route 5 in Stafford at 11:22 p.m., Thursday.

The 2003 Dodge sedan became fully engulfed in flames after hitting a mailbox and then an earth embankment.

Marisa B. Fox, 20, of South Street Road, Le Roy, suffered minor injuries in the accident, which was investigated by Deputy Frank Bordonaro.

No citations were issued.

Stafford Fire Department responded to the fire call and Mercy EMS assisted at the scene.

(Initial Report)

New donation record set for 'Fill the Boot' campaign to benefit MDA

By Howard B. Owens

Press release:

Firefighters took to the streets of Downtown Batavia to “Fill the Boot” for the Muscular Dystrophy Association on Friday, June 7, and raised $8,541 to help find treatments and cures for neuromuscular disease. 

Members of Local 896 of the International Association of Fire Fighters (IAFF) topped their annual fundraising pledge to support MDA’s vital research programs and the Associations 200 medical clinics nationwide.

“We deeply appreciate the work firefighters in the City of Batavia do for MDA,” said MDA Executive Director Sally Cramer. “It does make a difference to all the people and families here who are living with muscle disease. They see the firefighters going out to support them, and it tells them they have strong partners standing by their side.”

Firefighters continually put themselves at risk, whether it's battling a fire or rushing through traffic to help someone who has been injured. They have a sense of compassion for, and service to, the community that is demonstrated through their commitment to MDA.

“We like to help people, that’s who we are,” said Batavia Firefighters Local Union President Greg Ireland. “A huge thank you goes out to everyone who donated to the cause. Whether it was their spare change, a buck or a $10 dollar bill, it’s the generosity of those who helped Fill the Boot that really make a difference.”

IAFF became the first national sponsor for MDA in 1954, and over the years, firefighters have raised millions of dollars to help improve and enhance the lives of those living with neuromuscular disease. Funds from the Fill the Boot campaign also help send 3,500 kids to MDA summer camp for a free week of lighthearted fun with other kids who are just like them. Many firefighters become friends of the kids and their families, giving a week of their vacation time each year to go to camp and support their young friends.

Photo: By Howard Owens. Capt. Craig Williams collecting donations on Ellicott Street (photo taken this morning with the intention of posting this morning, but for some reason it didn't get published to the home page -- apologies to the firefighters).

Truck loses drive shaft causing significant diesel fuel leak at travel plaza

By Howard B. Owens

A tractor trailer traveling eastbound on the Thruway this afternoon lost its drive shaft, which hit one of its saddle tanks, opening a gash in the tank and leading to a fuel spill of up to 80 gallons diesel.

Nobody was hurt in the accident, though two cars on the Thruway hit the drive shaft and were damaged.

The truck was able to coast into the the Pembroke Service Area, leaving a trail of slick diesel from the point of the original mechanical failure to the parking lot.

Most of the fuel leaked in the service area parking lot and flowed toward a storm drain.

Diesel fuel was found a few hundred yards down stream flowing into the nearby creak, but firefighters were able to set up barriers and contain the spill at the creek entrance.

Crews were called in to spread absorbent material to clean up the spill in the parking lot.

Thruway crews spread salt on the roadway surface to provide traction and soak up the spilled fuel.

East Pembroke, Pembroke and Indian Falls fire departments responded along with the county's Emergency Management team and the hazmat team.  NYSP Troop T assisted at the scene.

(Initial Report)

Collins believes something should be done to help farmers with labor, but doesn't support 'path to citizenship'

By Howard B. Owens

House Republicans are staunchly opposed to one element of an immigration reform bill -- a path to citizenship -- that some supporters think is critical to its passage, Rep. Chris Collins said today during an event at Post Farms in Elba.

"As a country that was founded on the rule of law, the first action that these adults took in coming into this country was to break the law, so a pathway to citizenship will not come out the House Republicans," Collins said.

The immigration reform bill is the result of hundreds of hours of negotiations between farmers and the farm labor community, which wants to see people who have been working the the United States for years, although illegally, have a chance to become citizens.

While Collins doesn't support allowing such individuals to become citizens, he said he doesn't see a problem with allowing them to obtain permanent work status.

"Call it a blue card," Collins said. "We're fine with making it so that workers who are now here illegally are stay here legally. Make it so that they can go home and visit their families and come back and we know who they are and where they are and that they pay taxes."

Dean Norton (left in photo), said that if the House Republicans can't be brought into the fold, we could wind up with two versions of immigration bills that will go to conference committee. Losing the path to citizenship will be a disappointment to some members of the coalition who worked on the bill, but he thinks when it comes down to it, both sides need some sort of reform to pass.

"I've got to believe in my heart that once we get people sitting down at the table, they won't do anything to scuttle reform," Norton said. "It's too important to the country and to our food supply."

Collins did say he supports citizenship for the children of workers here illegally.

"This is the country they know and love," Collins said.

Bill cosponsored by Collins aims to clear path for future farmers

By Howard B. Owens

With an eye toward drawing more young people into farming, Rep. Chris Collins appeared at the Post Farm in Elba today to announce his support of a bill that would provide aid and support to aspiring young farmers.

The Beginning Farmer and Rancher Opportunity Act of 2013 is aimed at providing loans, grants and assistance to new farmers.

“Farming and the agriculture industry play a critical role in the economy of our area, and in communities all around the country,” Collins said. “But the average age of our nation’s farmer is 57 years old. With a large segment of America’s farmers and ranchers at or nearing retirement age, we have to encourage young people to enter this challenging, hard and vitally important line of work so we can sustain this economic engine.”  

Collins appeared with members of Future Farmers of America, New York Farm Bureau President Dean Norton and Genesee County Farm Bureau President Jeff Post.

"This will provide an opportunity for young people to get into farming," Norton said.

The bill would:

  • Enable access to land, credit and technical assistance for new producers;
  • Assist new producers to launch and strengthen new farm and value-added businesses;
  • Help new producers become good land stewards;
  • Provide training, mentoring, and research that beginning farmers and ranchers need to be successful;
  • Conduct outreach on agricultural job opportunities for military veterans.

For more on the bill, click here.

Ivy Reynolds, secretary of the NYS FAA, said the bill will ensure that young people like herself with a passion for farming will stick with farming.

"The engagement of young people in agricutlure is key to ensuring that when current owners and operators of New Yorks farms, dairies, nurseries and vineyards are ready to retire, there's a new generation that's ready, educated and excited about their role as the providers of nutrition," Reynolds said.

Post, Collins and Norton.

Reynolds, and a barn cat who stopped by to check out all of the activity.

Photo: A little Lincoln walking on Bank Street

By Howard B. Owens

Fifth-grader Jordon Armstrong was so thrilled to play Abraham Lincoln today that when his mom walked him home from Batavia Middle School he didn't want to take his costume off. I came across him on Bank Street.

Q: What did you like about being Lincoln?

A. "I liked everyone to talk to me and said nice things about me."

Q. What do you like about Lincoln?

A. "He stopped slavery."

Q. Why didn't you want to take your costume off?

A. "It's so cool to wear the costume."

Pembroke student graduates with a perfect attendance record, K through 12

By Howard B. Owens

Since the day Anthony Platek entered kindergarten, there have been 2,265 school days.

Platek never missed a single day. He graduates from Pembroke High School with a perfect attendance record.

"I just showed up," Platek said. "I came every day, sick or well. People ask me, 'how come you never got sick? How did you do it?' Well, I never said I wasn't sick."

Vice Principal Nathan Work said it's quite an accomplishment.

"We have students who get perfect attendance every year, but Anthony was the first student in a while who has received perfect attendance since kindergarten," Work said.

For the accomplishment, Platek was honored by the school and among his gifts was a Dragons football jersey with his name on it and the number "0" for zero days missed.

Platek said he never really set out to achieve a perfect attendance record.

"I guess you could say kind of happened," Platek said. "I just showed up. I did my thing. I was an average student, really."

GCEDC announces approval on four projects with a promise of 22 new jobs

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) approved four projects at its June board meeting. They total approximately $2 million in investments as well as the retention of 91 jobs and the creation of 22 new jobs.

“All of the projects being considered by the board are investments in infrastructure which means the companies seeking benefits intend to be here for the long term,” said Steve Hyde, GCEDC president and CEO. “Companies typically do not invest in facilities and infrastructure without long-term plans so it is great to see this commitment to our region.”

Mega Properties, Inc., (Koolatron) is a Canadian company that manufactures, markets and distributes various portable thermoelectric cooler parts and components. The company is proposing to invest $775,000 in its operations that would retain 11 jobs and create six new jobs. Because the company is seeking more than $100,000 in incentives – in this case $190,000 – a public hearing must be scheduled.

Imagination Industries is seeking to build a 7,015-square-foot facility at 8240 Buffalo Road in the Town of Bergen. The multiuse facility will house an indoor firing range, training center, gunsmith services and a laser engraving business. The company plans to invest nearly $400,000 that would create 10 new jobs.  The project is allowable under state retail restrictions as the purpose is to make available services which would not be, but for the project, “reasonably accessible” to residents of the municipality where the project is located.  

The company is seeking a sales tax exemption of $19,970, a mortgage tax exemption of $3,750 and a property tax abatement of $63,195. The Board found that the project meets the goods and services retail clause in order to approve the application.

Reinhart Enterprises operates a 25,720-square-foot multi-commercial tenant facility on Liberty Street in Batavia. Due to flooding this past year, 4500 square feet of space was vacated. The company is looking to improve its facility and is planning a $206,000 capital investment for drainage and parking lot improvements to enhance the property for current and prospective office and corporate tenants. The company is seeking a sales tax exemption of $9,888. The investment would create three new jobs and retain 80.

Jackson Square LLC, the former Cars Warehouse which was built around 1880 in the area of the city known as Jackson Square, is proposing to convert the former structure into a mixed-use commercial and residential site. The ground floor will have flex office/light industrial and four new market rate apartments on the second and third floors. 

The City of Batavia is the current owner of building and will transfer the title to the Batavia Development Corporation for sale to Jackson Square LLC. The company is seeking a sales tax exemption of $24,816 and a mortgage tax exemption of $2,994 contingent upon Jackson Square LLC purchasing the building.

Vehicle fire reported on Main Road in Stafford

By Howard B. Owens

A vehicle is on fire on Main Road in Stafford and "going pretty good" according to a responder on scene.

The vehicle may have been involved in an MVA.

Stafford Fire Department is responding.

UPDATE 11:31 p.m.: It is an accident. The driver just requested an ambulance. Mercy EMS being dispatched.

UPDATE 11:36 p.m.: A deputy is on scene. A mailbox was destroyed at a residence.  The accident site is west of Hanson.

UPDATE 11:43 p.m.: The fire was under power lines. The flames weren't high, but they were hot. Dispatch is notifying National Grid to check the lines in the morning.

UPDATE 11:44 p.m. A chief now believes the lines did burn a bit and National Grid is requested to the scene now.

UPDATE 11:49 p.m.: Fire is out.

Porch fire reported on Thomas Avenue

By Howard B. Owens

A caller reports that the porch of the residence across from his house on Thomas Avenue is on fire.

It's unknown if anybody is home in the house with the porch fire.

The location is across the street from 30 Thomas.

City fire responding.

UPDATE 10:41 a.m.: It's a BBQ grill, not a fire. City fire back in service.


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Hawley: Hearing planned on SAFE Act

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) will be joining a number of Assembly Minority Conference colleagues to hold a legislative hearing about the implementation of the recently enacted NY SAFE Act. The event will be held at the Amherst Town Hall Council Chamber in Williamsville at 11 a.m. on Friday, June 7 and will feature testimony from mental health professionals and representatives of county sheriffs and county clerks. The hearing will garner input from officials tasked with enforcing the new law in order to ensure that the safety and rights of New York’s citizens are being properly protected.

"The fallout from the SAFE Act has affected nearly every corner of this state," Hawley said." The controversial components have pitted law enforcement against county officials against state government, with the fate of the public hanging in the balance. It is my sincere hope that by bringing law enforcement professionals, county clerks, health experts and concerned citizens affected by this law together, we can all leave with a better understanding of how the SAFE Act affects us and how we can truly protect the safety of our communities as well as our constitutional rights."

Hawley recently held a local public hearing about the NY SAFE Act. In less than three months, a petition he circulated to repeal the law garnered 1,050 signatures from law-abiding citizens.

Grand Jury Report: Man indicted in Le Roy home-invasion rape case

By Howard B. Owens

Charles D. Johnson is indicted on two counts of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, criminal possession of a weapon in the third degree, burglary in the first degree, criminal mischief, 4th. Johnson is accused of raping a woman in Le Roy on May 9 and using a knife in commission of the crime and threatening the victim with the knife. He is accused of breaking into the residence with the intent to commit a crime using a knife and of breaking a window screen to gain entry. The criminal possession of a weapon count is also based on a prior conviction for Johnson in the City of Buffalo on an obstructing governmental administration charge.

Stephen E. Johncox is indicted on counts of burglary, 3rd, and petit larceny. Johncox is accused of entering a building on Hebbard Road, Le Roy, with the intent of committing the crime of stealing deep cell marine batteries.

Matthew R. Smith is indicted on a count of rape, 1st, and sexual abuse, 1st. He is accused of raping a person in Alabama on Jan. 31.

Daniel L. Dioguardi is indicted on counts of criminal possession of stolen property, 5th, two counts of criminal possession of a forged instrument, 2nd, burglary, 2nd, and petit larceny. Dioguardi is accused of illegally possessing a Sony Playstation Vita and a game, "Unit 13." He's accused of possessing two forged checks, written out for $120 and $150. He is accused of entering a residence on North Lyon Street, Batavia, with the intent to commit a crime. He is accused of stealing prescription pills and cash.

Rowlan Gureje is indicted on two counts of criminal possession of stolen property, 3rd. Gureje is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025.

James R. Barnett is indicted on two counts of criminal possession of stolen property third and one count of criminal possession of a forged instrument, 2nd. Barnett is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025. He's also accused of of possessing a forged NYS driver's license.

Christopher W. Fowler is indicted on counts of felony DWI and felony driving with a BAC of .18 or greater. Fowler is accused of driving drunk Jan. 20 on Miller and Stegman roads. Fowler allegedly has a prior DWI conviction in the City of Batavia on May 20, 2010.

Today's storm could bring as much as two inches of rain, so flood watch in effect

By Howard B. Owens

A flood watch is in effect for much of WNY through today and tonight.

From one to two inches of rain could fall by this evening, with as much as three inches in localized areas.

Creeks will rise and roadway ponding in low-lying areas is possible. Motorists are advised to drive with caution.

Law and Order: Driver accused of drug possession after traffic stop

By Howard B. Owens

Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.

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