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Hundreds turn out for opening of Rosalie 'Roz' Steiner Art Gallery at GCC

By Howard B. Owens

The brand-new Rosalie “Roz” Steiner Art Gallery opened Friday with great fanfare. Hundreds of people from throughout the county were on hand to see the gallery's first show and witness the opening ceremonies.

Above, the children and grandchildren of Roz and Stuart Steiner, from left: David Steiner, daughter Ava, Sarah Rogers, Robyn Steiner (holding Ava's hand), Lisa Rubin, Susan Steiner, Daniel Rubin and Dr. Steiner. A photo of Roz Steiner, background, was unveiled as part of the ceremony. 

Bottom photo, Eric Suritella and Carol Acquilano, the first artists featured in the gallery.

Photo: Nancy Mortellaro, 2011 'Friend of the Library'

By Howard B. Owens

On Friday afternoon, Nancy Mortellaro was honored at the Richmond Memorial Library as the 2011 Friend of the Library.

Mortellaro praised her fellow friends and called them her "virtual Facebook," noting that unlike the real Facebook, she gets to see her friends face-to-face every day.

Mortellaro was honored for her diligent and long-standing support of the library.

Two car accident with minor injuries reported on Route 77 near Gabbey Road

By Howard B. Owens

A two-car accident has been reported in the area of Route 77 and Gabbey Road, Pembroke.

A child may have suffered minor injuries.

Pembroke and Indian Falls fire departments responding.

UPDATE 2:03 p.m.: A second Mercy EMS ambulance requested to the scene to transport a person with apparent minor injuries to a hospital in Erie County.

Possible hit-and-run accident reported at routes 33 and 19

By Howard B. Owens

Conflicting reports are coming in about a possible hit-and-run accident with injuries at routes 33 and 19, Bergen.

It may involve two vehicles, or one car and a pedestrian.

Bergen Fire Department and Mercy EMS dispatched.

UPDATE 10:48 p.m.: A first responder on scene says he's with an injured victim who says he was in a vehicle that rolled over. Mercy Flight is not needed.

UPDATE 10:51 p.m.: A chief, "I've got no vehicle down here at this point."

UPDATE 10:53 p.m.: Route 33 being closed at Townline. "Nobody gets past Townline," says a chief.

UPDATE 10:58 p.m.: The actual location is Route 33 and Appletree Avenue.

Alleged meth lab in South Byron may be tied to first one found in Alabama 18 months ago

By Howard B. Owens

The arrest today of two South Byron residents for allegedly manufacturing methamphetamine has its roots in a Nov. 12, 2009 meth lab raid in Alabama, according to Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force.

"If we're doing our jobs, a search warrant doesn't just end with that search warrant," Mullen said. "It opens doors into other investigations."

In the Alabama case -- the first suspected meth lab found in Genesee County -- Kenneth W. Mosholder and associates, including a woman who lived on Jackson Street, Batavia, were accused of manufacturing meth. Mosholder died while awaiting prosecution, but Mullen said the one-time Texas resident's recipe for making meth apparently spread throughout the county.

A handful of meth lab raids -- though not all of them -- since 2009 were based on threads connected to Mosholder's arrest, Mullen said.

"Once something like that grows in a community, it can take deep roots and take years to get out," Mullen said.

Many task force cases are built on other cases, Mullen said.

"Any single arrest looks like a snippet, but they're really scenes from the same movie," Mullen said.

Arrested in connection with the alleged meth lab in South Byron were Matthew J. Zon, 29, of Byron, and Tricia M. Tundo, 24, of Byron.

Zon and Tundo were apprehended during a traffic stop on Thursday night, but the couple wasn't discovered by accident, Mullen said. They were identified after months of investigation and observation while detectives built a case that would ultimately justify their apprehension.

Following the traffic stop, Zon and Tundo were allegedly found in possession of methamphetamine, meth lab material and drug paraphernalia.

Mullen said it's too soon in the investigation to say for certain whether Zon and Tundo were allegedly producing meth for sale. They have not yet been charged with any drug sales counts.

This morning, a contingent of investigators and crime lab specialists were on scene at 6319 E. Main St., South Byron, to execute a search warrant in an effort to determine whether Zon and Tundo were producing meth at their residence.

During the search, investigators carried out several items that appeared to be chemicals and implements used in the manufacture of meth. Test results on the items have not yet been released.

The search started with State Troopers in chemical-protection suits entering the house and retrieving two pet dogs, one a reportedly aggressive pit bull.

A deputy involved who helped transfer the dogs to the Animal Control vehicle said the dogs had a heavy odor of meth on them.

If Tundo and Zon were manufacturing meth in the house, the smell would permeate the entire residence, "just like burnt popcorn," said an investigator.

The odor of meth manufacturing, depending on the process used, according to sources, smells something like a mixture of burnt plastic and ammonia. 

Investigators were at the South Byron scene for hours, from before 8 a.m. until after 3 p.m. and Mullen was still at the office working on the case after 7 p.m.

And the execution of a search warrant in a drug case, said Mullen, is only a small portion of what goes into an investigation. It can take months to build a case in order to get a warrant, and the investigation doesn't stop with an arrest.

"The research and investigation really takes months," the sargeant said. "Even though we're at the end of a 12- or 13-hour day, the research began months ago."

Zon and Tundo are both charged with unlawful disposal of methamphetamine laboratory material, a felony, and criminal possession of a controlled substance as well as criminally using drug paraphernalia.

The disposal charge is based on evidence gathered during the investigation that Zon and Tundo disposed of waste material along roadways in the area.

Mullen said the production of one ounce of meth produces a significant quanity of waste chemicals. 

One law enforcement official at the scene said that was one of the parts that bugged him the most about a case like this.

He said, potentially, some Boy Scout could be out on a clean-up day and come across some contaminated materials and become gravely ill.

The traffic stop Thursday night was initiated by Deputy Brian Thompson, whose K-9 "Pharaoh" assisted in the search of the vehicle.

Tundo was reportedly driving, though she allegedly did not have a valid NYS driver's license. 

Additional charges may be pending, Mullen said, and the Drug Enforcement Agency, which was involved in the 2009 raid in Alabama, will be consulted.

Besides the Genesee County Sheriff's Office and State Police, assisting at the scene were the South Byron Fire Department, Genesee County Emergency Services, the Health Department,  Animal Control and Mercy EMS.

More pictures after the jump:

Large brush fire on Evans Road, Bergen

By Billie Owens

A large brush fire is reported at 7397 Evans Road in Bergen. The caller indicated it was heading toward a swamp.

Bergen Fire Department is responding.

UPDATE 6:01 p.m.: A firefighter on scene reports the fire was small and it is now out.

UPDATE 6:07 p.m.: The Bergen assignment is back in service.

Hochul announces she's raised more than $350K for campaign

By Howard B. Owens

Press release:

ERIE COUNTY – Kathy Hochul, candidate for New York’s 26th Congressional District, will report raising more than $350,000 in the first quarter of 2011. 

In the report – that will be filed with the Federal Elections Commission today – Hochul will show having more than $300,000 in the bank. There were nearly 450 individual donors who contributed to the campaign, more than 90 percent of whom are residents of New York State.

“Our supporters are excited and committed to helping us win on May 24th,” said Fabien Levy, communications director for Kathy Hochul for Congress.  “More than 50 percent of the donations were at $250 or below, which shows we have strong grassroots support in this race. Western New Yorkers are sending a strong message that they want a fighter to represent them in Congress.”

Hochul demands Corwin state position on GOP budget proposal

By Howard B. Owens

Press release:

The following is a statement from Fabien Levy, director of communications for Kathy Hochul for Congress:

“In just a few hours the House will vote on the Republican budget proposal that would end Medicare as we know it. For days, Kathy Hochul, candidate for New York’s 26th Congressional District, has called on her opponents to join her in rejecting any budget that would add burdensome costs onto the backs of America’s seniors. Today, there is only one candidate whose silence signals her intentions to break the promises made to our elderly population.

“Jane Corwin remains the only candidate in this race who has refused to tell the voters of the 26th District where she stands on the current budget proposal. As the only Republican in the country currently running for Congress, she has repeatedly dodged every opportunity to take a position on the Republican’s 2012 budget.

“While her silence signals apathy, the truth may be even worse. The people of the 26th want to know, if Jane Corwin was currently a Member of the House of Representatives, would she vote to slash benefits, increase costs, and hold America’s elderly population responsible for fighting with insurance companies? Kathy Hochul has firmly stated her opposition to this proposal and promised to reject any budget that fundamentally alters Medicare. 

“Assemblymember Corwin, before the vote is cast, tell the voters of the 26th District how you would vote today – would you reject the current budget proposal before the House or would you vote to decimate Medicare?”

Seven people injured in two-car crash on Route 5

By Howard B. Owens

A driver heading west on Route 5 near Mill Road shortly after midnight claims she didn't see the turn signal of the car ahead of her and was unable to stop before slamming into the 2003 Chevy sedan.

The SUV overturned and six people inside were transported to UMMC for treatment of various injuries.

The driver, Amanda A. Mull, 26, of Knapp Road, Akron, was cited for allegedly following too close and unlicensed operation.

The driver and passengers in the SUV were Erika R. Kreidler, 18, Cashay O. Merritt, 19, Ynesha C. Nixon, 18, Shanta A. Bedo, 18, Precious M. Jones, 18, Nana S. Gyesi, 22.

Kreidler's vehicle is registered in Mt. Washington, Ky.

Mull was also injured and transported to UMMC.

The accident was investigated by Deputy Patrick Reeves.

Suspected meth lab found in South Byron home

By Howard B. Owens

The Sheriff's Office and State Police were 6319 E. Main St.,  in South Byron this morning to retrieve and dismantle a suspected methamphetamine lab.

In connection with the operation, two people are reportedly in custody. Their names and the nature of the charges have not yet been released.

South Byron Fire Department and Mercy EMS along with Genesee County Emergency Services were also on scene.

UPDATE: Post updated with specific street address, and map corrected.


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Police Beat: Youth accused of violating order of protection by hitting woman

By Howard B. Owens

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was taken into custody on East Main Street, Batavia, by State Troopers and Sheriff's Deputies on Thursday afternoon. Orbaker is accused of violating an order of protection. He allegedly hit a female covered by an order of protection.

Brian Michael Fairbanks, 33, of Church Street, Le Roy, is charged with unlawful imprisonment, 2nd, and menacing, 3rd. Fairbanks allegedly committed the crimes during a dispute with a friend in his apartment.

Nicholas M. Lyons, 30, of 17 Central Ave., Batavia, is charged with menacing, 2nd, and harassment, 2nd. Lyons is accused of punching, kicking and using a knife to threaten another person during an alleged incident at 10 p.m., Thursday.

Hawley says it's wrong to 'play politics with property taxes'

By Billie Owens

This information comes from Assemblyman Steve Hawley's office.

Assemblyman Steve Hawley (R,I,C-Batavia) recently attended a press conference in support of immediate action on a property tax cap. The legislation was barred from a vote by the Assembly Majority, who passed rent regulations to control the cost of living in New York City instead.

“Time after time, poll after poll, the people of New York have expressed their overwhelming support for a property tax cap,” Hawley said. “As a representative for the people of Western New York, it is my responsibility to heed the call of my constituents, and I can hear them loud and clear. They are saying that we need to drive down the cost of living for all New Yorkers, not just those in the five boroughs of New York City.”

Hawley explained the litany of issues that coincide with the passage of a property tax cap, which would help families, businesses and local governments reduce the cost of living here in Western New York.

“The reason New York is in such desperate need of a property tax cap is because of the unfunded mandates handed down by state government to our villages, towns, cities, counties and school districts,” Hawley said.

“Mandate relief and property tax caps are not separate issues. They are inextricably linked and must be dealt with in tandem. It’s time to let our local governments run themselves without the onerous ‘Big Brother’ interference from the state Capitol that drives our property taxes in Western New York through the roof.”

Participants at the press conference included Brian Sampson, CEO of Unshackle Upstate, a bipartisan business coalition that awarded Hawley a perfect score on their 2010 Legislative Scorecard. Out of 212 state legislators, Hawley was one of only two that received a perfect score.

'House' at Dwyer Stadium with positive message vandalized

By Daniel Crofts

Jenna Raphael, of Batavia, spent a lot of time with the quaint little structure she affectionately calls "her house" during baseball season last summer. She had hoped that it would inspire people to take pride in their community.

Unfortunately, somebody came to give the opposite message...

The little red house, which is at Dwyer Stadium and manned during Muckdogs games as an information area for the public, was vandalized some time during the last few months.

Muckdogs General Manager Travis Sick discovered the damage after the winter snow melted. He said there's no way to be sure when the incident actually took place.

Furthermore, since no one is at the stadium at night, there is no way to determine who the vandals are. Sick suspects it may have been a group of kids in the area.

Fortunately, the damage was not extensive. The door was kicked in and the lock severed (above photo); parts of the door were broken off, so it will need to be fixed. There was also some debris on the floor inside that was not there before.

Nevertheless, Sick and Raphael both see this as a "disappointing and almost ironic" incident (Sick's words).

"The sign says 'take pride in your community,' and someone decided not to do that," he said.

Raphael agreed.

"It's hard for me to understand what motivates kids and adolescents to do this," Raphael said. "I don't think there is enough to occupy youth in this community, therefore they turn to these types of mischievous behaviors."

Locted near the stadium's Kid's Zone and, Sick says "off the beaten path," this house was given to Genesee/Orleans Council on Alcoholism & Substance Abuse (GCASA) last year. GCASA staff repainted it and made the above sign.

Raphael used it as a station from which to share information with Muckdogs spectators about Genesee County Drug Free Communities Coalition's (a GCASA program) efforts to address and improve environmental conditions that can lead to problem behaviors -- drugs, alcohol use, crime, fighting, etc. -- among our youth. For information on the coalition and, by extension, how this fits in with their overall mission, click on the following link: http://thebatavian.com/blogs/billie-owens/gc-drug-free-communities-top-10-finalist-international-honor/22803).

"Vandalizing a house (with a sign) that says 'take pride in your community' shows a lot of disrespect," Raphael said, adding that it "sends a distasteful message to those who continually work to make Genesee County a healthier and safer place to live."

She hopes to use the house again during the Muckdogs' upcoming season, in spite of what happened.

Because there is really no way to find out who the culprits are, no charges are being pressed. But Sick is encouraging any community members who are in a position to do so, to keep an eye out for suspicious activity at the stadium at night.

"If you see anyone walking around that shouldn't be there, call the police."

Top photo taken by Linda Cummings

Photo: Upton Monument Eagle

By Howard B. Owens

The eagle atop the Upton Monument at Main and Ellicott in yesterday's late afternoon sun.

GCEDC board approves tax abatements for Holiday Inn Express construction

By Howard B. Owens

As a matter of "consistency," the Genesee Economic Development Center Board on Thursday approved tax abatements for a proposed Holiday Inn Express near the Thruway in Batavia.

The project will get a 60-percent PILOT (Payment in Lieu of Taxes), and relief from mortgage taxes and sales taxes on construction materials.

Several local hotel owners showed up for the meeting at the Upstate MedTech Center, but none where given a chance to speak. They previously expressed their concerns at a public hearing attended by GCEDC staff, but no board members. Last month, staff members presented a detailed report to the board on the owners' objections.

Mark Masse, senior VP of operations, said in a brief statement to the board today that he researched some of the claims made by hotel owners -- about the impact more hotel rooms would have on occupancy rates -- and concluded, "an analysis of the data could be interpreted in many different ways."

Past hotel projects that received GCEDC assistance included construction of the Best Western in 2002 and the Hampton Inn in 2002. In 2008 and 2010, local acquisitions of hotels received tax abatements (but no PILOT) and the Travel Lodge and Clarion have recently received PILOTs.

Masse concluded, "It's my recommendation as a policy decision to either be consistent with previous 60-percent PILOTS, mortgage tax and sales tax abatements, or is it the decision of the board not to help these types of projects going forward."

Board Chairman Hollis Upson spoke in favor of being consistent.

"There is some argument for the fact that additional rooms could be brought into the market without severe impact to existing hotels," Upson said. "It's certainly not the EDC's intention to harm any existing business, but we also want to be consistent."

After the meeting, the attorney for the existing hotel owners argued that there is no precedent for these tax abatements. He said the prior abatements for more rooms were granted years ago before the market was saturated.

"All of the data is that the 12-month occupancy rate never gets above 50 percent," said Thomas J. Warth, of Hiscock & Barclay. "Most of the properties are in the 40-percent area, and that's distressed property range."

Photos: This morning in Genesee County

By Howard B. Owens

Yesterday, the weather forecast for this morning sounded promising for photography, so my morning plan was to get out early and see what pictures I could take. There weren't many clouds nor much low-lying fog, but once out, might as well snap a few frames.

Above, the sunrise from Roanoke Road, Pavilion. Below, a field on Transit Road, Bethany and the back side of the Flemming barn (which I've featured before) in Bethany.

Hochul releases statement on House budget vote

By Howard B. Owens

Press release:

ERIE COUNTY – Today, the House of Representatives passed the 2011 budget compromise that was struck last Friday night, just one hour before a government shutdown.

While Kathy Hochul called for this compromise early on and challenged both her opponents – Republican, Jane Corwin, and Tea Party-endorsed candidate, Jack Davis – to join her in supporting the agreement, neither candidate ever stated their position.

“Last Friday, literally in the 11th hour before a government shutdown, House and Senate leaders came together and worked out a budget compromise that averted a massive government shutdown,” said Hochul.  “From early on, I called for this compromise and challenged both Jane Corwin and Jack Davis to follow my lead. Today – six days later – neither candidate has yet to say a word.

“The people of the 26th District do not currently have a Congressmember representing their best interests in Congress. If I was serving as a Representative for Western New York, I would have been working to avoid a government shutdown last week. However, if my opponents were in Washington, we have no idea what they would have done. 

“It is only fair to ask would they have supported a budget compromise that kept essential services going or would they have supported a massive shutdown that would have delayed essential services to our veterans, our troops, our business owners, our students, our seniors, and to the American taxpayers?

“The lack of interest and care by Jane Corwin and Jack Davis has been disheartening and I hope they finally join my lead and support this budget compromise that will cut waste and get our economy moving forward.”

Jack Davis releases statement on federal budget proposals

By Howard B. Owens

Press release:

Statement from Jack Davis, Independent candidate for U.S. Congress (NY-26), on federal budget proposals:

The budget proposals from both parties in Washington fail to address the real issue: jobs for Americans. Putting Americans back to work is the way we will reduce the deficit and balance the budget.

I oppose privatizing Medicare and forcing seniors to buy insurance with vouchers. This would throw millions of senior citizens into poverty or worse, and it fails to lower health care costs.

Instead of cutting Medicare and Social Security, we can save money by cutting foreign aid and foreign military commitments, from Afghanistan, Iraq and Libya, to Germany, Japan and Italy. We must end corporate welfare and tax giveaways that allow companies like GE to pay no taxes at all.  

We have given government an unlimited expense account – and it has exceeded it. Giving Washington more money is not the solution. That’s why I oppose raising taxes.

We need to put Americans back to work instead of pushing more trade deals like NAFTA that send our jobs overseas.

Putting Americans back to work is the best way to reduce the deficit. Right now, about 56 percent of Americans over the age of 16 are working. If the percentage of working Americans increases to 64 percent, the budget deficit disappears. To put it another way, working Americans and profitable businesses pay taxes and pay into the Social Security and Medicare trust funds. The jobs offshored to China do not pay U.S. taxes.

But instead of focusing on jobs for Americans, the leaders of both parties are pushing for more failed trade deals that send American jobs overseas.

In the next 90 days, Congress will vote on a Korea trade agreement that would outsource thousands of American jobs and open the door to more imports from communist China. The party leaders are also pushing a NAFTA-style deal with Colombia that will cost us more jobs.

I will oppose these trade deals and will fight for American jobs. I ask Jane Corwin, Kathy Hochul and Ian Murphy to join me in making an iron-clad commitment to fight against these unfair trade deals.

Jack Davis, Independent candidate for U.S. Congress, is an engineer, innovator and entrepreneur who founded and manages I Squared R Element Co., Inc. a manufacturing company in Erie County. He has given the company to his employees and they will own and manage it when he retires.

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