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Two woman accused of possessing oxycodone

By Howard B. Owens

During a routine patrol Wednesday members of the Local Drug Enforcement Task allegedly spotted two women in a car in a parking lot on West Main Street Road, Batavia, ingesting a controlled substance.

Upon approaching the car, task force members allegedly found the women in possession of a quantity of oxycodone.

Charged with criminal possession of a controlled substance, 7th, were (name redacted upon request, charge dismissed), 19, of Colonial Boulevard, and Julie A. Huntoon, 20, of Jackson Street, Batavia.

Law and Order: Pair accused of possession of hydrocodone

By Howard B. Owens

Kimberly Dawn Moore, 45, of South Main Street, Warsaw, is charged with criminal possession of a controlled substance. Moore was stopped at 1:34 p.m., Saturday, on Ellicott Street, Batavia, by Deputy Brian Thompson and Officer Eric Hill. Moore was found to allegedly be in illegal possession of hydrocodone. Also charged with criminal possession of a controlled substance was Jon Hoyt Bush, 29, of Oak Orchard Road, Batavia.

Kyle K. Shultz, 18, of Norton Road, Elba, is charged with DWI, driving with a BAC of .08, failure to keep right, open container, mobile phone use in a motor vehicle. Shultz was stopped at 6:14 a.m., Saturday, at Byron Road and Fotch Road, Stafford, by Deputy Brian Thompson. Shultz allegedly had a BAC of .16.

Jetting off to California for a few days

By Howard B. Owens

This morning I'm heading to the Buffalo airport to catch a flight to California.

I'll return on Sunday.

My father asked me to make the trip to Bakersfield while my brothers are also in town for my parents' 52nd anniversary.

My mother has Alzheimer's and the disease has progressed quite a bit in the past year, and even though my travel schedule had already included a planned swing through Bakersfield next month, I thought I should take this trip as well.

Which brings up another point: Quite without any real planning, I've developed a travel schedule over the next couple of months.

Around Sept. 14, I have my annual trip to Chicago for our independent publishers' conference, and then I was invited to speak in San Francisco around Sept. 22 by J-Lab (an educational journalism group) and the Online News Association (the largest organization in the country representing online news publishers of all types and sizes). It's in that SF trip that I was able to wrangle a layover in Bakersfield for a couple of days.

Then, some time before the end of the year, Billie and I hope to make another trip (a week-long trip) to California. Billie isn't going on any of the trips mentioned above and also deserves a chance to see her family.

We started trying to put together the money for this trip before these other trips were scheduled and it's important we follow through on these plans as best we can. I'm hoping we can put this together for November.

I regret so much travel so tightly packed together, but sometimes things just fall into place in unexpected ways.

Meanwhile, Billie will still be in Batavia running the site. Lisa Ace will be taking care of business. There are stories I can post while away. We have some help lined up for coverage this weekend of Summer in the City, the East Pembroke Mud Races and a couple of other events. 

We'll also have our news partner, WBTA, available to help out.

If you see anything interesting and get a picture or information, you can always email it to howard at the batavian dot com (of course, reformat that into a proper email address).

I believe there will still be interesting things here to read and discuss over the next few days.

Three elected officials with single message for SCOPE members: We support the 2nd Amendment

By Howard B. Owens

The 2nd Amendment to the United States Constitution got a ringing endorsement Tuesday from three of the top-ranking elected officials who represent Genesee County.

Rep. Kathy Hochul, State Sen. Michael Ranzenhofer and Assemblyman Steven Hawley all appeared at SCOPE's monthly meeting to talk about what they're doing to help prevent extremists on the left from stripping gun owners of their right to own firearms.

Ranzenhofer started off the evening by discussing how important a Republican majority is in the State Senate to protecting gun rights.

"There are people out there who don’t like you and want to take away your rights," Ranzenhofer said.

When Ranzenhofer was first in office, and the GOP didn't have a majority in the Senate, he said anti-gun Democrats regularly tried to push new laws to restrict gun and ammo sales.  Since the GOP regained control of the upper chamber, "we’ve not had to be constantly on guard for new legislation coming up," Ranzenhofer said.

Now, Ranzenhofer said, the biggest worry at the state level for gun-rights advocates is a popular governor who wants to push through legislation to restrict the rights of gun owners.

Hochul said she comes from a family of gun-rights advocates. She has two brothers in Maryland, she said, who are expert marksmen. While Hochul said she isn't big into hunting or target shooting herself, she has taken safety courses and knows how to handle a firearm.

"When a bill comes up that affects your 2nd Amendment rights, I’m on your side," Hochul said.

While clerk in Erie County, Hochul said she streamlined the process for a gun permits from a year or longer to four months, and three of those months involve the State of New York doing background checks.

"Some of you may say I have a 'D' after my name and I can't vote for you," Hochul said. "Well, fine, but I still represent you. I am independent and I look at each and every issue as what's best for the people of Western New York. Sometimes the Democrats are right and sometimes they're really wrong. Some times the Republicans are right and some times they are really wrong."

According to Hochul, when the gun rights groups come out with their congressional rankings soon, she will receive a very high grade for her voting record for her first year in office.

"I'm very proud of my ranking," Hochul said.

Hochul also noted that she opposed the "Fast and Furious" operation, which provided guns to drug gangs in Mexico, and believes Attorney General Eric Holder should respect the powers of Congress under the Constitution and turn over all "Fast and Furious" documents to the House of Representatives, a demand from Congress the Obama Administration is fighting.

Hochul faces the most serious reelection challenge in November of the three officials who spoke Tuesday and SCOPE Chairman Jack Taylor said he contacted the campaign for her challenger, Chris Collins, to invite Collins to the meeting, but didn't get a response.

Hawley talked a good deal about his work on veterans' issues, particularly his annual Patriot Tour of Washington, D.C., and noted that while his colleague in the Senate, Ranzenhofer, may need to deal with only two anti-gun zealots in that chamber, the state Assembly is filled with 40 or 50 people eager to water down the 2nd Amendment.

Hawley said those representatives deal with a very different constituency than Assembly members in Upstate and Western New York, where people often live on a bit of land, own their own homes, like to hunt and fish and target shoot.

In noting the differences, Hawley segued into a discussion of a bill he has repeatedly sponsored -- allowing a referendum vote on whether New York should be split into two states.

Taylor spoke between each guest and hammered home the same point: Gun rights advocates need to educate the public on the difference between law-abiding citizens who own guns and criminals who not only use guns but other implements to commit their crimes.

"In all my years in retail, I've never seen a gun jump off the shelf and shoot somebody," Taylor said.

Some of the blame for the misrepresentation of guns falls on the media, Taylor noted, reminding SCOPE members that you never see a headline that says "Chevy and Budweiser kills family of four," but you do see headlines like "Glock used in murder spree."

The former county coroner said the most common way that young people die a violent death in Genesee County is from drunken driving, while there is only about one homicide every seven years locally (worth noting: the last homicide locally was Scott Doll beating to death his victim, no gun involved).

"We are all against crime, whatever the implement," Taylor said. "We need to separate the crime from the implement. There’s not a gun law out there that ever saved a life or prevented a criminal from committing a crime."

East Pembroke makes major upgrade to pit for 2012 ATV mud races

By Howard B. Owens

It's going to be a whole new ball game at the East Pembroke Mud Races this year.

After a nearly $10,000 renovation to the mud pit, organizers expect the races to be more fair, more competitive and safer.

The event, sponsored by the East Pembroke Volunteer Fire Department, has attracted a huge fan base over the years, but last year the old pit was showing some of its flaws, with racers in the left lane usually losing races because of sink holes in that lane.

"This is our biggest event and biggest fundraiser of the year and we want to make it as good as we can so we can keep going with it and keep building on it," said Dale Lewter, who has been helping supervise the changes.

The mud pit is all new for 2012, having been dug out, bedded with large stones, filled with smaller stones, paved with a layer of asphalt and then covered with sifted clay (removing all stones as a safety measure).

"We’re trying to make both lanes as even as can be and right now it looks like it will be that way," Lewter said.

A new water filling and drainage system will also allow officials to keep the mud more consistently mud and less like a pond filled with water.

The race is Saturday, with registration from 10 a.m. to noon. As always, there will be the Mud Queen scramble through the pit and the Outlaw Class race. Spectator admission is $11 or $15 for the pit, and racing registration is $15. Raffle prizes include a 2012 Polaris Sportsman 500 CC, a 2012 Polaris Outlaw 50cc and $3,500 cash.

Lewter asked that we be sure to include the East Pembroke Fire Department's thanks to its sponsors.

Top photo: Dale Lewter with youngest son Jarrett Lewter, and next to him son Mitchell Lewter, along with Julie Waldron and Destin Danser.

Pavilion Fire Department has a new truck

By Howard B. Owens

Via the KME Fire Apparatus company's Facebook page:

The Pavilion Fire Department took delivery of a new KME Custom Topmount Engine Rescue. The unit is built on a KME Predator XLFD cab/chassis. The rear of the apparatus features a custom design with storage space for suction hoses, ladders, stokes basket, and an operating platform at the top of the body for safety when climbing the rear ladder to access hose and coffin compartment storage.

Hochul asks governor to increase cow limit for small dairy farms

By Howard B. Owens

Press release:

Representative Kathy Hochul (NY-26) recently sent a letter to New York Governor Andrew M. Cuomo urging him to provide New York dairy farms with regulatory relief to help milk producers expand their businesses.

Hochul asked that the state raise the threshold for Concentrated Animal Feeding Operations (CAFO) regulations from 200 cows to 300 cows, a threshold consistent with national standards.

Increasing the threshold will allow dairy farmers to increase milk production, enabling them to fulfill the needs of New York’s growing yogurt industry. Hochul also requested that New York expand programs to assist dairy farmers with environmental conservation and protection.

Hochul wrote, “I request your assistance in delivering much-needed regulatory relief to our state’s dairy farmers, many of whom are still recovering from disastrous market conditions in 2009. Without assistance, too many New York milk producers will remain unable or unwilling to expand their businesses despite the game-changing opportunity for economic development made possible by the booming Greek yogurt industry. … Our dairy farmers need a level playing field and supportive regulatory regime to fully capitalize on the Greek yogurt boom, and I look forward to working with you to ensure they have both.”

The Genesee Valley Agri-Business Park will soon be home to Theo Muller Gmbh and PepsiCo’s $206 million yogurt manufacturing facility as well as a $20 million dollar Alpina Food yogurt plant.

Rep. Hochul has introduced bipartisan legislation that allows dairy farmers to apply for H-2A visas, which are available for seasonal agricultural producers but not the year-round dairy industry. She also is a member of the House Dairy Caucus.

Photos: Silo raising at Alpina plant

By Howard B. Owens

Workers today are installing the first two silos at the new Alpina Products plant in the Genesee Valley Agri-Business Park, Batavia.

The first silo is 40 feet tall and will hold up to 20,000 gallons of raw milk. The second silo is half the height and will hold 12,000 gallons of whey.

More silos can be added as the capacity of the Greek yogurt plant increases.

More pictures after the jump (click on the headline to continue):

Photo: City retiree honored by council

By Howard B. Owens

Duane Leo was honored by the Batavia City Council on Monday night for his 25 years and two months service to the city as a water and wastewater maintenance worker.

Sex offender registery now includes exact street address for Level 2 offenders

By Howard B. Owens

Press release:

In keeping with its policy to provide the residents of the City of Batavia with the maximum amount of information allowed by law regarding registered sex offenders residing in the City of Batavia, the Batavia Police Department is now posting the exact address information of New York State Level 2 Registered Sex Offenders.

The New York State Corrections Law now provides for the posting of exact address information in regards to New York State Level 2 Registered Sex Offenders by local law enforcement agencies. Previously, local law enforcement could post only the exact address of Level 3 offenders.

Batavia Police Department continues to provide information regarding Level 1 offenders, but by law is only allowed to post an approximate address by Zip Code.

Batavia residents are encouraged to frequently view the Local Sex Offender Web site at www.batavianewyork.com for the most current and real-time information regarding registered sex offenders residing in the City of Batavia.

Residents are also encouraged to sign up for NY –Alert – Sex Offender Relocation Email Alerts, provided by the New York Division of Criminal Justice Services at: www.criminaljustice.ny.gov.

Hochul releases past three tax returns, calls on Collins to release his returns

By Howard B. Owens

Press release:

Clarence, NY – “At a time when our nation is debating critical policy issues including whether to extend middle class tax relief or give more tax breaks to millionaires and companies that ship jobs overseas, voters deserve to know how their elected officials make their money and how much they pay in taxes. In a commitment to transparency, Congresswoman Hochul has made the last three years of her tax returns public,” said Campaign Manager Frank Thomas.

“Given Chris Collins' unwillingness to discuss his support for policies that gut Medicare to pay for additional tax cuts for the rich and lingering questions about the business he does with China so he can better line his pockets, we call on him to give voters the clarity they deserve and be candid with his tax returns,” continued Thomas.

Copies of her 2009, 2010, and 2011 returns are available here: http://www.kathyhochul.com/meetkathy/tax-returns/


Chris Collins supports tax cuts for the wealthiest Americans.  According to a Collins campaign press release, “Collins supports a full extension of the tax cuts.” [Collins Press Release, 7/9/2012]

Chris Collins refused to release his tax returns so he could hide sources of business income. According the Buffalo News,

For his part, though, Collins said he would not release his tax records because they would show how much he's earning from various business partnerships, meaning the release would also make public his partners' income.

More importantly, he said, his income would reveal how much money his companies are making -- and, therefore, provide important information to his competitors. [Buffalo News, 6/2/2012]

Collins told voters “I would never” release tax returns. At an event on May 21, 2012, Collins told an audience “so again, I'm not going to release personal tax returns, because it's got my partners' income. I would never do that.” [Chris Collins Video, 5/30/2012]

 

Visit by Erin Brockovich to Le Roy announced

By Howard B. Owens

Some people in Le Roy are being asked to get the word out about an appearance by Erin Brockovich on Aug. 22 at the American Legion Hall in Le Roy.

The copy of the flier above originated with Bob Bowcock of Integrated Resource Management, Inc., in Claremont, Calif.

The Batavian placed a couple of calls to Bowcock's mobile phone Monday evening for clarification and more information but only got his voice mail.

Brockovich is an attorney and environmental advocate who got involved in the conversion disorder issue in Le Roy after a group of Le Roy High School students started manifesting tic-like symptoms. She made a couple of national TV appearances on the topic.

Bowcock is the environmental consultant hired by Brockovich to visit Le Roy in January and conduct his own investigation into what may have been causing the tics. As part of his visit, Bocock brought national attention to the Lehigh Railroad spill, which showed all appearances of improper remediation by the EPA; however, Bowcock concluded the spill had not migrated toward the school.

A source warned that Brockovich's team has promised previous visits that did not materialize.

Batavia council will appeal to Albany for more effective laws to crack down on designer drug trade

By Howard B. Owens

It's time for the State Legislature to pass legislation dealing more forcefully with the rise of synthetic drugs in New York, Batavia City Council members said on Monday.

City staff will draft a resolution for the council to vote on at its next meeting, encouraging Albany to expand the penal code to make the manufacture, sale and possession of designer drugs a crime with the same penalties as any other controlled substance.

Some on council wanted to know why the city couldn't enact is own tough, local law, but City Attorney George Van Nest explained that's easier said than done.

"The state has determined that this should be addressed under state law," Van Nest said. "There's that issue, that if the city chose to go above and beyond that, it would be preempted by state action.

"There's also a matter of complexity," Van Nest added. "As the materials indicate, this is a very complicated matter. For city staff to sit down and to try and draft and articulate a statute that's going to stand up in court, withstand challenge, is not going to be an easy undertaking."

Last week, the governor's office announced an emergency order banning the sale and possession of a wide range of synthetic drug compounds, including substances that act like controlled substances.

But breaking this law is only a violation. The maximum criminal penalty under the law is a $500 fine and 15 days in jail.

Councilwoman Rose Mary Christian noted that DEA agents seized about $750,000 from the reported owners of The 420 Emporium chain in raids on July 25, which is quite a bit of money compared to a $500 fine.

Incorporating sale and possession into penal law would mean defendants could face a year in jail for a misdemeanor or several years in prison for a felony conviction (depending on the how much of the substance a defendant possessed).

City Manager Jason Molino shared a report with council members that said from around May 1 (the approximate date The 420 Emporium opened in Batavia) until July 25 (when the DEA raided the store (and it's been closed since)), Batavia PD handled 35 to 40 calls for "bath salts" related incidents.

Since July 25, Batavia PD has handled no such calls.

During the course of those three months, seven individuals were identified as alleged bath salt users.

"That doesn't mean there couldn't have been more, but we didn't have contact with them," Molino said.

"Bath salts" has become a generic name for a range of products that, despite their "not for human consumption" labels, are often snorted, injected or inhaled in order to provide the user with a stimulant-type of high or hallucinations. The chemicals used have nothing in common with substances commonly added to hot water to provide a relaxing bath.

Because the manufacturers of these chemicals change the compounds as quickly as state and federal officials can ban them, it will take a more comprehensive piece of legislation from Albany to effectively deal with the synthetic drug trade in New York.

Report of mailbox smashing on Rochester Street, Bergen

By Howard B. Owens

The Sheriff's Office has received a report of somebody smashing mailboxes on Rochester Street in the Village of Bergen.

The vandals are reportedly in a vehicle and may be using a baseball bat.

There's no description of the vehicle.

Photo: Mercy Flight Was Here

By Howard B. Owens

It's pretty much impossible to drive around Genesee County the past couple of weeks and not see the signs: "Mercy Flight was here."

As you might have guessed, the signs are placed at locations where Mercy Flight has responded to an emergency medical situation, such as an accident or other dire health-related call.

According to Jeffrey Mendola, director of development & external affairs for Mercy Flight, about 300 such signs have been placed in Genesee County.

"The sign campaign is important to help the community understand the role we play and the role the first responders play," Mendola said. "They see where we've been and see it could be their community or their neighborhood."

Mercy Flight reviewed all of the calls that resulted in a helicopter landing at emergency scenes throughout Western New York in the past two years and selected 2,000 for sign placement. The 2,000 locations represent only a portion of Mercy Flight calls over the past 12 years.

The signs were placed at their locations by the volunteer fire departments that originally responded to the particular calls.

Calls of an overly sensitive nature, such as domestics, were excluded, as were locations that might have very low vehicle traffic volume.

Mendola said when he was at the Erie County Fair this past week, a couple from Warsaw said they counted at least 30 signs between their home and the fair.

Since the sign campaign started, traffic to Mercy Flight's Web site is up 50 percent, Mendola noted, which is important because at the site people can learn that Mercy Flight is a non-profit organization and also learn how to make a contribution to help cover the emergency medical agency's costs.

Portion of Griswold Road closed for a week for hill reduction work

By Howard B. Owens

Griswold Road, Town of Stafford, will be closed to all traffic between Godfreys Pond and the railroad overpass for approximately one week.

Road crews are reducing the size of the hill at that location.

Addresses from 5693 Griswold Road and lower should be entered from Byron Road, and from 5757 Griswold Road and higher, from Caswell Road.

Street closings announced for Summer in the City on Saturday

By Howard B. Owens

Starting at 7:30 a.m., Saturday, the streets of Downtown Batavia, will start closing so vendors, classic car owners, food stands and musicians can start setting up for Summer in the City.

Main Street will be closed in both directions from Court Street to Liberty Street. Court, Jackson, Center and Bank streets will all be closed.

For a map of closures and locations of Summer in the City attractions, click here (pdf). For more detail on closures, click here (pdf).

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