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Unknown type chemical smell reported on Liberty Street

By Howard B. Owens

City fire and Mercy EMS have been dispatched to an address on Liberty Street where the residents report an unknown type chemical smell.

Two people are reportedly feeling ill.

Law enforcement was also dispatched.

UPDATE 8:24 a.m.: Complaint apparently unfounded. All units back in service.

Photos: Sneak peek at new Batavia Downs signs

By Howard B. Owens

Officials with Western Regional OTB, Batavia Downs and invited guests were in Rochester today for a ribbon cutting and unveiling of the work done so far on the new marquee signs for Batavia Downs.

The work is being completed by Premier Sign Systems.

Ryan Hasenauer, director of marketing for Batavia Downs, provided the pictures.

Smoke from dryer reported on Bank Street

By Billie Owens

The smell of smoke coming from a dryer is reported at 161 Bank St. City firefighters are on scene and report there's nothing showing. The dryer is in the downstairs unit, which has been evacuated.

UPDATE 7:42 p.m.: Firefighters determined the complaint to be unfounded. They are returning to service.

Rollover accident on westbound Thruway, unknown injuries

By Billie Owens

A one-vehicle rollover accident, unknown injuries, is reported at mile marker 397 on the westbound Thruway. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 7:31 p.m.: Responders on scene report there's nothing found. The single call may have been about a disabled semi roadside. After midnight, a tractor-trailer accident was reported near the location. It landed on its roof and dumped its cargo of bananas. Since then, the semi has been uprighted, but remains roadside until its tow is available, which is expected within the next 24 hours. Responders to this call are returning to quarters.

Resident of Washington Towers claims he was 'jumped' at Austin Park

By Billie Owens

A man who resides on the fourth floor of Washington Towers told dispatch he was "jumped at Austin Park" and police are going there to interview him about his complaint.

The senior housing complex is located at 1 State St. in the City of Batavia, adjacent to the park.

Several calls have been made to dispatch in recent weeks complaining of fights and other distrubances at Austin Park.

Hochul introduces legislation to help vets get certification for military training

By Howard B. Owens

Press release:

Today, Representative Kathy Hochul (NY-26) introduced the Vocational Employment and Technical Skills Act (VETS Act), which will make it easier for veterans to receive professional certification in skills they performed while members of the armed services.

“The VETS Act is a commonsense solution to a problem facing too many veterans -- difficulty getting a job when returning home. After talking to troops during my trip to Afghanistan and many conversations with local veterans, I remain concerned that one of the biggest fears our troops are dealing with is the prospect of unemployment after their tour of duty. This legislation will help veterans who have put their lives on the line protecting us overseas make the transition to civilian life using the technical skills learned in the military,” Rep. Hochul said.

To assist veterans transitioning to civilian life in finding employment, the VETS Act will eliminate unnecessary hurdles for veterans who have a high level of competence in many certifiable fields. The legislation requires states to alter their certification procedures to take veterans’ military training into account if they seek to become a surveyor, plumber, general construction equipment operator, HVAC repair person, carpenter, electrician, or an automotive/aviation engine repair person.

Earlier this month, Rep. Hochul held a roundtable discussion on the VETS Act to receive input on the legislation from members of Western New York’s veteran community. Additionally, the bill has been reviewed and approved by Rep. Hochul’s veterans advisory board.

Rep. Hochul is also a co-sponsor of other legislation to encourage the hiring of veterans, including the Hiring Heroes Act that modernizes and improves programs to assist our veterans with the transition from service member to civilian life. She voted in support of the Veterans Opportunity to Work Act of 2011 – a bill that received bipartisan support – that provides assistance to older, unemployed veterans and provides active duty service members with transition and employment assistance.

In May, Rep. Hochul traveled to Afghanistan as part of a bipartisan Armed Services Committee oversight trip.

Attorney challenges constitutionality of law used to charge woman accused of hitting Walmart employee

By Howard B. Owens

The attorney for Jacquetta B. Simmons, the 26-year-old Batavia resident accused of assaulting a 70-year-old Walmart employee on Christmas Eve, is challenging the constitutionality of one of the laws used to charge his client.

Earl Key, a Buffalo attorney, filed a motion May 31 seeking dismisal of count two of the criminal indictment, which alleges assault in the second degree on a person 65 or older. Key's motion states that the relatively new law on which the count is based violates Simmons' rights under the 5th and 14th amendments of the U.S. Constitution.

Key was scheduled to appear in Genesee County Court today to argue his motions but according to his assistant attorney, Ann Nichols, Key was too sick to appear and she asked that the case be continued until next week.

The continuance benefits Key's case, because according to court discussion between Assistant District Attorney Melissa Cianfrini and Judge Robert C. Noonan, Key did not notify the Attorney General's Office of his motion challenging the constitutionally of the law, as required by court procedure.

Noonan said if Key had appeared today, he likely would have dismissed the motion due to the insufficiency of notification of the AG's office.

Simmons is accused of hitting Grace Suozzi, who was working as a checker at Walmart on Christmas Eve, after the 70-year-old reportedly asked to see the contents of a bag being carried by Simmon's brother. An argument reportedly ensured and according to witness accounts, Simmons allegedly punched Suozzi, breaking bones in her face.

In April, Simmons was arraigned on one count of assault in the second degree and one count of assault in the second degree on a person age 65 or older, making her the first person in Western New York charged under the relatively new statute.

In his written motion, Key argues the statute is unconstitutional because:

  • There is no legitimate state interest in affording a higher level of protection to a class of citizen based solely on age;
  • The law requires the defendant have knowledge of the victim's age, and a defendant would have know way of knowing a victim's age at the time of the assault;
  • The statute is unfair and unreasonable because it elevates "an otherwise garden variety assault" from a Class A misdemeanor to a Class D felony;
  • The law is "arbitrary and capricious" in affording a person age 65 and older protection not afforded a person age 64 or younger.

According to Cianfrini's written response, prior case law establishes that legislative acts are presumed to have a legitimate state interest unless clearly shown otherwise, which, she argues, Key did not do.

She wrote that the legislative intent is clearly spelled out in the bill's supporting documents and that the state lawmakers had concerns about protecting the elderly "who are particularly susceptible to crimes as a result of their age."

"Specifically," she wrote, "the legislative history reveals that the statute was enacted because 'seniors are generally more vulnerable to injury and less able to protect themselves from younger persons.' "

Cianfrini also countered Key's point on the defendant's intent and need to know the victim's age, saying the law clearly spells out that the victim only meet the age requirement, not that the defendant know the age of the victim.

Legislative history in fact says legislators expected that "there is no requirement that the prosecutor prove the defendant knew or had reason to know the victim's age."

Simmons is scheduled to reappear in court at 3:15 p.m., June 27, for a hearing on Key's motions, which also include standard pre-trial motions related to the sufficiency of the grand jury indictment and evidence.

Photos: Opening of Downtown Public Market at Ellicott and Center streets

By Howard B. Owens

Abby Saville, working for The Enchanted Florist, holds sunflowers at the Downtown Public Market, located at the corner of Center and Eillicott streets, Batavia.

The Enchanted Florist is one of a few new businesses participating in the market this year.

The market runs from 9 a.m. to 3:30 p.m. every Thursday from now through Sept. 27.

It features locally grown produce, handcrafted goods and, of course, flowers.

Truck driver injured in overnight crash on Thruway

By Howard B. Owens

A truck driver was injured in an overnight crash on the Thruway and transported by Mercy Flight to an area hospital.

The accident was reported at about 12:30 a.m., according to a dispatcher, about five miles east of Exit 48, which is in the East Pembroke Fire District. Town of Batavia also responded mutual aid. Both fire companies were back in service by 1:30 a.m.

The driver's name has not yet been released.

He was transporting a load of bananas.

The accident is being investigated by Troop T of the State Police.

Oakfield man suffers minor injury after being struck by car in parking lot

By Howard B. Owens

A 62-year-old pedestrian suffered a minor injury after being struck by a car at 6:15 p.m., Wednesday, in the parking lot of Santino's Pizza. It's located at 2 Main St., Oakfield.

The driver, Angela N. Husted, 29, of Le Roy, said she did not see Franklin J. Ludwig, of Oakfield, as she backed out of a parking space.

Ludwig was transported by ground ambulance to UMMC.

No citations were issued.

The accident was investigated by Deputy Joseph Graff.

Shop Batavia Contest: Leave a five-star review for a chance to win a $100 gift certificate

By Howard B. Owens

Is there a local business you just love? Do you want to make sure other Genesee County residents know how great it is? Would you like a chance to win a $100 gift certificate to that business?

Go to Shop Batavia right now, find that business listing, leave a five-star review and be entered into a drawing to win a $100 gift certificate.

On June 25, we'll select one review in a random drawing. The person who wrote it will win a $100 gift certificate to the business.

Bellavia knocks Collins for seeking funds from Obama's stimulus package

By Howard B. Owens

According to David Bellavia, when it comes to fiscal policy, his GOP primary opponent in the NY-27 race, Chris Collins, isn't conservative enough.

His proof: Collins said President Barack Obama's multibillion dollar economic stimulus spending was good for Erie County.

Collins was county executive for Erie County in 2009 and his office put out a newsletter saying as much, Bellavia said in a press conference today at his new campaign headquarters on East Main Street, Batavia.

"I can't find one fiscal conservative who agrees that Obama's stimulus was a good thing," Bellavia said.

Bellavia said Collins loved the stimulus plan so much that he asked that a total of $1.9 billion be channeled to Erie County.

In an effort to fact check Bellavia's statement, a Google search turned up a press release from the City of Buffalo in which Collins and Mayor Bryon W. Brown say they want to see Erie County and Buffalo receive the stimulus funds.

Collins quote:

“At a time when county resources are scarce, a possible injection of federal dollars could have a tremendous impact on Erie County’s aging and neglected infrastructure. Funding for even a fraction of these projects would represent a significant investment in our community, the opportunity to hire thousands of local workers, and reduce our need for capital borrowing in the future.”

Bellavia also said Collins used $85,000 in stimulus money to balance the Erie County budget.

Ask for a response via email, Michael Kracker, spokesman for Collins, wrote:

Chris Collins balanced the budget in Erie County the old-fashioned way -- by reducing the size of government, vetoing hundreds of additional spending requests from liberal Democrats and making government more efficient. Mr. Collins was actually threatened with a lawsuit by Democratic politicians like Louise Slaughter and Kirsten Gillibrand for NOT spending the stimulus money. Mr. Bellavia has his facts wrong.

While still in office, Collins did an interview with Buffalo's Art Voice and explained that Buffalo was receiving $75,000 in stimulus money, available through the efforts of liberal Democrat Sen. Charles Schumer, to offset anticipated shortfalls, as a result of the recession, for Medicaid expenses.

The other ongoing dispute between Bellavia and Collins is over the conditions of any debate.

Numerous times, Bellavia has said he wants a chance to debate Collins on the issues, but he claims Collins keeps dodging a debate.

On Tuesday, there was a debate scheduled in Clarence that Bellavia did not attend because, he said, the whole format was set up to favor Collins. Bellavia says the scheduled moderator is an Erie County legislator who has received substantial financial support from Collins, and that Collins wouldn't allow a reporter from the Buffalo News on the panel. Bellavia also asserts that the Erie County GOP was handing out tickets to only 200 Collins supporters. In addition, Bellavia wanted the debate to be televised.

Bellavia said that the no-debate stance by Collins is a strategy to marginalize the Bellavia campaign since Bellavia doesn't have a personal fortune to spend, as Collins does, on campaign ads.

Here's the response from Kracker on behalf of Collins:

As for the debates, Mr. Bellavia once again demonstrates an aversion to the truth. In May, Mr. Bellavia enthusiastically agreed to the debate sponsored by the ECFRW -- in front of over 100 people. It was only afterwards that his campaign made up numerous stories to cover for his ducking of the issues and Mr. Collins. His claims are simply untrue -- pure and simple. Of the five candidates invited to participate -- including all three U.S. Senate candidates, Mr. Bellavia was the only one who took issue with the terms and refused to participate.

UPDATE Thursday, 7:31 a.m.: Here's a link to a Buffalo News article on what happened with $41 million of the stimulus funds. (Link provided by the Bellavia campaign.)

Get a haircut, give a glass of water

By Gretel Kauffman

When Kathy Kuss signed up to sponsor a Haitian child through the International Child Care Ministries five years ago, she had no way of anticipating the earthquake that would soon hit the island nation and its horrific consequences.

After the disaster struck, she received bad news: her sponsored child and the girl’s family were missing. The family was eventually discovered, safe and sound. However, the storm was not over yet — for the Haitians lucky enough to survive the earthquake and the subsequent hurricanes, the real horror had just begun.

Many had been rendered homeless by the natural disasters, and the lack of clean water was rapidly killing off people by the thousands, the majority of them children. It was upon hearing about these tragedies that Kuss, a Batavia hair salon owner, decided something had to be done—thus, Haircuts for Haiti was born.

“(The disaster) was all over the news and it was very frightening,” she says. “What I kept reading was that the water situation was so disgusting. There was no water there. I kept thinking, ‘What can I do to help?’ ”

The answer came to her in the form of an article about Sawyer Water Filters.

“There’s a lot of disease right now in Haiti that they have not seen for decades, like typhoid fever and dysentery, and the reason is because all this bacteria is in their water now,” she explains.

“That’s happening because people are not back into homes and there is no sanitation in place there yet, and disease bacteria is in the water again. This filter will actually take that bacteria out, and it will take out dirt and debris also. You get a clean glass of water.”

The filters that Kuss hopes to purchase will be sent to Haitian schools — or rather, what remains of them.

According to her research, “schools are particularly affected. ICCM sponsors children in Christian schools, and our sponsorships pay the fees for the children to go to the school and buy their lunches and books and education. When I was looking into this, they said that many of the schools had been demolished by the earthquakes. They were holding the schools in tents but there wasn’t any clean water for the kids.”

These lifesaving devises are, unfortunately, not free — each filter system costs $50. To raise enough money to send “many, many” filters to the children, Kuss has organized “Haircuts for Haiti,” an all-day fundraiser where people can get a haircut and make a donation.

This is Kuss’s first time organizing a “cut-a-thon,” but she has participated in one before and speaks highly of the experience:

“It’s really a lot of fun because obviously you have a large group of hairdressers and barbers. People love doing things like this because they really feel like they’re doing something to help.”

The 11 hairdressers and barbers will be at Northgate Free Methodist Church (located at 350 Bank St. Road in Batavia) from 10 a.m. to 4 p.m. Saturday, June 23  in the south campus gymnasium. A Sawyer Water Filter will be on display at the event.

If you are unable to attend but wish to make a donation, you can make a check out to Northgate Free Methodist Church with the memo line of “Sawyer Water Filter Fund” and send it to:

Northgate Free Methodist Church, 8160 Bank St. Road, Batavia, NY 14020.

Tykes locked in car with windows rolled up at Wal-mart

By Billie Owens

A caller reported to dispatch that there is a vehicle parked at Wal-mart with two very young children inside and all the windows are rolled up. The vehicle is said to be in the first row of the grocery section nearest Veterans Memorial Drive. State Police are called to the scene.

UPDATE 6:27 p.m.: When they arrived promptly after receiving the call, officers could not locate the white Pontiac alleged to have the kids inside.

UPDATE 6:35 p.m.: Law enforcement is going to look for the vehicle at the address of the registered owner.

Smoke from electrical outlet reported in Woodstock Gardens apartment, Batavia

By Billie Owens

City firefighters are responding to a report of smoke coming from an electrical outlet at 21 Woodstock Gardens, Apt. 21.

UPDATE 6:05 p.m.: They are on scene, investigating. The location is the southernmost building in the back of the complex.

UPDATE 6:07 p.m.: City police are called in case traffic control is needed.

UPDATE 6:09 p.m.: A building inspector is called to the scene.

UPDATE 6:14 p.m.: The inspector's ETA is now roughly 15 minutes.

UPDATE 6:30 p.m.: The problem was determined to be an air-conditioner leaking water into an electrical outlet. To fix it, firefighters "eliminated the outlet." The city assignment is back in service.

Proposed laws in Albany would increase workload for a probation department already short staffed

By Howard B. Owens

An already stretched-thin probation department will have a hard time meeting the demands of two laws currently being pushed in Albany, Julie Smith told the Genesee County Legislature on Tuesday.

Probation Director Smith said her department struggles now to keep up with its caseload, more often being reactive to problems with probationers rather than working with them to get their lives straightened out.

The department has lost six staff positions in the past few years.

The first proposed law would make misdemeanors and nonviolent felonies committed by 16-, 17- and 18-year-olds matters handled by a youth division of the court with supervision falling to probation.

The second law would put an alcohol monitoring "transdermal device" on the ankles of people convicted of DWI, with probation getting notified any time such a person drinks an adult beverage.

In 2010, Smith said, 74 young people were arrested for misdemeanors and nonviolent felonies.

To handle the caseload, probation would need to add two more staff members at a cost of $150,000.

Smith believes the actual caseload today would be bigger than the 2010 number.

"Our juvenile caseload numbers now are higher than I've seen in five years," Smith said.

As for monitoring people convicted of DWI, Smith said her department does a good job of random checks of people at home and work to ensure they're not drinking and to ensure they're not driving cars without interlock devices, as required by Leandra's Law.

But New York lawmakers are looking at the fact that, on a statewide basis, only 30 percent of the convicted drunken drivers are getting the interlock devices. The rest are claiming they've somehow gotten rid of their cars, so they don't have to get the interlock device.

The transdermal device would take the question of who owns a car out of the equation, supposedly, but Smith said it doesn't really address directly the issue of people drinking and driving.

It would, however, increase the workload for probation officers who would have to respond to every alert the department receives of a person covered under the law who had a drink.

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