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Collins assigned to ag and small business committees

By Howard B. Owens

Press release:

Congressman-elect Chris Collins (NY-27) will serve on both the Agriculture and Small Business committees in the 113th Congress beginning in January. Collins was appointed to the posts by House leadership. The committee assignments are a natural fit for both Collins’ background as a small business owner and the incredibly important role agriculture plays in New York’s 27th Congressional District.

“These two committee assignments make perfect sense as I look to bring my real-world experience to Washington and represent the needs and concerns of New York’s 27th Congressional District,” Collins said. “Agriculture plays an extremely critical role in this district in terms of both the economy and the way of life for many families.

"Throughout the campaign, I visited with dozens of crop and dairy farmers who shared with me their daily struggles of trying to run efficient, profitable farms despite the regulations and burdensome bureaucracy coming out of Washington. One of my very top goals as a member of Congress will be to help farmers have a legal and reliable labor force by pushing for much needed improvements to our nation’s guest worker program.”

Collins is also eager to put his business and job creation background to use as a member of the House Small Business committee.

“Being a member of Congress may be new to me, but I’ve spent my entire adult life in the small business world,” Collins said. “After a 35-year career in the private sector, I am all too familiar with the hurdles the federal government places in the way of small business owners. Small business is the backbone of our economy and as this country continues to climb out of the devastating recession, the federal government needs to focus on making it easier for small businesses to grow and thrive, instead of harder.”

“In addition to fighting every day for what is best for the hardworking families of NY-27, I look forward to being an advocate and a voice for small business owners and farmers not only in our own community, but all across this country,” Collins said.

Collins has traveled to Washington since being elected last month to participate in new member orientation and other important forums for incoming members of Congress. Collins will take the official oath of office on Jan. 3.

City will seek another round of funding after grants paid to rehab 19 homes

By Howard B. Owens

A housing rehabilitation program for moderate to low income homeowners, funded by a community block grant, has been a big success and the city would like to do it again, according to City Manager Jason Molino.

The original plan was to provide rehab assistance to 15 homes in the city with the $400,000 grant, but 19 houses were repaired, according to a report given to the city council on Monday.

"This is part of a bigger effort," Molino said. "Housing rehabilitation is one part of our approach to neighborhood revitalization. While only 19 properties were improved, that's 19 properties that might not otherwise be improved."

The city received 80 inquiries and reviewed 66 applications.

The rehab projects including roof replacement, porch replacement, plumbing and electrical repair and facade improvements.

Individual grants were limited to $24,500, but some homeowners were able to chip in some of their own money and go a bit beyond what the maximum grant would allow.

Jodie Freese administered the program for the city and put out each job to competitive bid. Of the seven contractors selected for work, six were based in Genesee County.

About 96 percent of the $364,522 spent on rehab stayed in the county.

Other costs associated with the program included $14,800 for a lead-based paint consultant and $25,435 for program delivery and administration. The city contributed $4,757 to help cover the costs.

The grant originates with the federal government but is administered by the state's Office of Community Renewal.

"We're very satisfied with the results," Molino said. "It was a great project and hopefully we can do it again in the future."

Photo: Provided by the city of a residence on Hutchins Street.

Genesee ARC faces loss of trash pick up contract with City of Batavia

By Howard B. Owens

Genesee ARC, which has provided trash service to the City of Batavia for nearly 30 years, is facing the possible loss of the contract with a city decision to put the trash collection contract out to bid.

Though Genesee ARC is welcome to be among the bidders, as many as three private firms are expect to place bids.

"I think it comes down to the efficiency and effectiveness of the service being provided to the residents," Molino said on WBTA's Main and Center program this morning. "Our approach moving forward with refuse collection -- and it has been -- is how do we continue to divert refuse tonnage from the refuse stream to the recycling stream, and ultimately lowering costs to the residents."

Genesee ARC employs 30 people, including 20 with developmental disabilities, for trash hauling and recycling pick up. The agency is paid $810,000 a year for the service.

The last contract was signed five years ago.

“This is a competitive bid, no different than any other bid for any other service,” Molino said. “If you can provide that service and you can support it and provide the services we’re requesting, then they can continue to provide it.”

Molino also told WBTA he has received virtually no complaints about the service provided by the ARC.

Donna Saskowski, executive director of the ARC, says the trash contract with the city is vital to the agency.

“Mostly because it goes to our mission of employing people with developmental disabilities here locally in our community and it would mean that 20 individuals with developmental disabilities would be unemployed, as well as the staff – all residents of Genesee County – who would become unemployed," Saskowski said.

Molino expects as many as three private companies will submit bids for the trash contract. Saskowski said the ARC is weighing its options.

Saskowski said that even if ARC no longer provides recycling pick up in the city, ARC will certainly try to keep operating its recycling center on West Main Street Road, Town of Batavia.

"Without the city contract it (recycling) would certainly be a diminishment," Saskowski said. "We are dedicated to recycling and we would certainly look for other opportunities."

Mistlers to donate downtown window display winnings to nominated families

By Timothy Walton

'Tis the time of giving and Ken Mistler and his wife Andrea are in the spirit. The Mistlers' recently won $200 for winning the downtown window display contest. The display, located inside the former Carr's building was sponsored by both Next Level Fitness and City Slickers Bar & Grill.

"I want to thank the downtown (improvement) district and all the judges for choosing our window." Ken Mistler said. "We know there are families out there having a hard time and we want to be able to give back to them and give them a little something extra this holiday season."

If you know someone that is deserving please e-mail CitySlickersHolidayContest@gmail.com with the name of the person and a brief description of why you think they are deserving. Also be sure to include your contact info as well as their's. You can't nominate yourself.

All nominations must be submitted by Dec. 20th. Winnings will be donated in the form of a Save-A-Lot gift card.

"I'm going to review the nominations  and will decide on the most deserving family or families." Mistler said. "I may give one gift card for the full amount or I may give a few."

Black swan rescued near Tonawanda Creek by owner

By Alecia Kaus

Kathy Willard thought her missing black swans were taken by a fox or a coyote when one turned up missing in October and then another on Thanksgiving. After a recent sighting on the Tonawanda Creek near Oliver' s Candies, Willard and her husband, Mark, decided to make the trip from Alexander to Batavia late yesterday to search the area.

Close to dark they spotted the one that had been missing since Thanksgiving.

In eight minutes Willard had it captured and in her car. 

She says the swan recognized her voice and came across the creek quickly to eat. Willard says they like people and will look to stay with other geese and ducks in ponds and creeks.

They don't do well on land and are not very good at walking. This has her nervous about finding two other swans that are still missing.

With winter approaching, many creeks and ponds will freeze over and the black swans will have nowhere safe to hide from predators.

Willard's husband gave her three black swans as an anniversary gift last November. They were purchased from a man in Oakfield who had been raising them. 

They are native to Australia and feed on grass and greens. She says if you spot one leave it alone and contact her at 585-591-2531. She will come by and capture it.

"They know me, and they know my voice," she says.       

Law and Order: Driver in Pembroke accused of DWI

By Howard B. Owens

Debra Jean Bastiano, 55, of South Main Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding (55 in 40 mph zone) and possession or consumption of alcohol in a motor vehicle. Bastiano was stopped at 9:31 p.m. Wednesday on Route 5, Pembroke, by Deputy Patrick Reeves.

Thomas Riley Munger, 18, of Glidden Circle, of Hamlin, is charged with unlawful possession of marijuana. Munger was arrested following a report to College Village security of individuals smoking marijuana in a vehicle on College Village grounds.

Two Corfu residents accused of growing marijuana

By Howard B. Owens

Marijuana, both growing and harvested, was allegedly found in the home of two Corfu men Wednesday after members of the Local Drug Enforcement Task Force executed a search warrant at the residence.

Two men were charged with criminal possession of marijuana, a Class D felony.

Jailed on $10,000 bail was Matthew T. Milleville, 26, of Main Road, Corfu, and bail was set at $2,500 for Andrew J. Marlinski, 26, of Main Road, Corfu.

Both men were also charged with a misdemeanor count of unlawful growing of cannabis and Milleville was charged with criminal possession of a controlled substance, 7th.

Investigators report that they found LSD in the residence.

Allegedly found in the residence were more than 30 growing marijuana plants along with harvested marijuana and marijuana paraphernalia.

Back in the saddle - almost

By Howard B. Owens

Most of you have already seen Billie's post from this morning about my taking some time off today for medical tests.

There was a health concern we thought it best to examine, and it turned out to be nothing.

I did have a minor surgical procedure performed and for that reason I can't leave the house tomorrow (Thursday) and need to take it slow for a few days, but the bottom line is the tests were negative and I'm fine.

I will start working again tomorrow, but for tomorrow, just on news I can cover from home.

I do want to say the staff at UMMC today was outstanding -- friendly, cheerful, caring and, most of all, professional.

Thank you for the notes of support from several readers.

Jacquetta Simmons posts $50,000 bail

By Billie Owens

District Attorney Lawrence Friedman just announced that a $50,000 bail bond was posted today with the Genesee County Court on behalf of Jacquetta Simmons.

The 27-year-old Batavia resident was found guilty earlier this year of assaulting 70-year-old Wal Mart employee Grace Suozzi in the store last Christmas Eve.

On Nov. 30, New York Appellate Division Justice Rose Sconiers ordered that Simmons' sentence be stayed pending a hearing on her attorneys' appeal, which argues her sentence of five years in prison is overly harsh considering that Simmons is a first-time offender. This is what made it possible for Simmons' release this afternoon.

Judge Robert C. Noonan signed a release order and she'll be released from custody once it's received by Bedford Hills Correctional Facility where she is incarcerated.

 

Law and Order: Alleged drunk driver found passed out in cornfield with motor running

By Billie Owens

Joshua William Cresswell, 20, of Janes Road, Rochester, was found passed out behind the wheel of his gray sedan around 7:30 this morning with the motor still running. He was in a cornfield, south of Little Falls Road, Pembroke. Cresswell was arrested and will appear in Pembroke Town Court on Jan. 10 on charges of driving while intoxicated and driving with a BAC of .08 or more. (Nothing about his being underage was noted in the report.)

Rozella Ann Smith, 76, of Colonial Boulevard, Batavia, is charged with harassment, 2nd. She was arrested for allegedly striking another person on the wrist and arraigned in Town of Batavia Court. The incident allegedly occurred on Nov. 29 at 10:43 p.m.

Gregory Stephen Hallifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd, and arraigned in Stafford Town Court. Hallifax was arrested on suspicion of criminal contempt and failure to obey an order of protection on Nov. 29 at 11:32 p.m. at a location on East Main Street Road, Stafford. He was released and will appear in Stafford Town Court next month.

(Note: Temporary difficulties in receiving FAX transmissions delayed the publication of information on Smith and Hallifax.)

 

Man hit in back with tree limb in Elba

By Alecia Kaus

An adult male was struck by a tree limb at 6124 Quaker Hill Road in Elba. He is conscious and alert but on the ground. Mercy Medics and Elba Fire responding.

UPDATE 12:45 p.m.: Mercy Flight 6 out of Batavia responding to the scene.

UPDATE 1:08 p.m.: Mercy Flight 6 is off the ground.

Suspect in break-ins in Le Roy Village now charged with multiple felonies

By Billie Owens

Tyler F. Longhini, 21, was arrested by the Le Roy Police Department on Tuesday and charged with multiple felonies in connection with crimes reported on Lake, Bacon and Pleasant streets in the Village of Le Roy.

His arrest was the result of an ongoing investigation that started in mid-July. The crimes he is suspected of committing include: entering unlocked vehicles; damaging the interior of a vehicle; attempted forced entry burglary to a shed; and an actual burglary of a residential apartment while the tenant was sleeping.

The charges are: one count of burglary, 2nd, a Class C felony; one count of attempted burglary, 3rd, a Class E felony; one count of grand larceny, 4th, a Class E felony; and two counts of criminal mischief, 3rd, a Class E felony.

Longhini, who lives at 82 Gilbert St. in Le Roy, was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice.

CLARIFICATION 4:34 p.m.: Longhini was originally arrested on July 15 after being caught in the act of rifling through vehicles. But he was only charged with misdemeanors at that time, pending continuing investigation of the break-ins and forensic lab results. Then on Tuesday, Le Roy police were able to bring mulitple felony charges against Longhini, according to Det. John Condidorio.

Posting will be light today

By Billie Owens

Good morning, readers of The Batavian, posting will be light today because Howard is having medical tests done. Alecia Kaus will monitor the scanner for us. Regular posting will resume tommorrow.

Photos: GCC hosts Buffalo Philharmonic Orchestra for Encore 2012

By Howard B. Owens

WBTA's Debbie and Dan Fischer chaired this year's major fundraiser for the GCC Foundation, Encore 2012, the annual appearance by the Buffalo Philharmonic Orchestra at the college. Besides the symphony, the event featured a dinner and art show and was attended by more than 300 people.

Photos: Batavia Christmas lights, Dec. 11, 2012

By Howard B. Owens


I spent some time this evening driving around Batavia and taking pictures of houses with Christmas lights. I've done this each of the past few years (a tradition of The Batavian started by Brian Hillabush). This slide show contains 18 photos. Hopefully, between now and Christmas I'll have time to take more pictures. Tonight I concentrated on trying to find houses I hadn't photographed in previous years. I probably have some duplicates, but hopefully we're featuring some homes that haven't been included in previous years.

Car parked by St. Joseph's Cemetery reported to be a 'suspicious condition'

By Billie Owens

A caller reports a suspicious condition to emergency dispatch: a car is parked off Ellicott Street, on "an extension road" by St. Joseph's Cemetery and it's been there for half an hour. It's "occupied and it's going up and down." Police are responding to investigate.

BREAKING: Firefighters accused of bookmaking plead guilty to greatly reduced charge

By Howard B. Owens

The three Batavia men arrested in February for running an illegal gambling operation, including two city firefighters, have entered guilty pleas in city court today to a Class A misdemeanor charge of promoting gambling, 2nd.

The pleas are a dramatically reduced from the Class B felony of enterprise corruption, which the case was elevated to in April.

Gregory Phillips and Brian Bordinaro, both veteran city firefighters, along with Lance Engel, a cook with the state's veterans home in Batavia, were originally arrested on a felony charge of criminal possession of gambling records in the first degree, a Class E felony. Philips was also accused of possessing a small amount of cocaine and charged with criminal possession of a controlled substance, 7th.

The Class B felony carried a maximum penalty of 8 to 25 years in state prison.

City Court Judge Robert Balbick's sentencing options include everything from an unconditional discharge to a year in county jail, including a combination of a shorter jail term and a term of probation.

As part of the plea deal, all three men agreed to resign their government jobs.

Attorney Larry Andolina, representing Phillips, said the charge his clients pled guilty to was exactly what they should have been charged with in the first place.

"I just don’t think gambling is that serious of a crime considering all of the gambling that goes on by the state, various lottery tickets, horsing racing, casinos … times need to be changed," Andolina said.

When the case first became public, investigators said gambling records indicated the trio was running a wide-ranging bookmaking operation that covered a variety sports, had numerous clients and turned over about $1 million in wagers. The trio was alleged by investigators to have taken in $80,000 in profits.

Andolina said none of that was true.

"It's all nonsense," Andolina said. "This was little people, betting, gambling on football games. It was blown so out of proportion, which is why it ended up being a misdemeanor."

At the first court appearance that Andolina and his fellow attorneys made on behalf of their clients, District Attorney Lawrence Friedman turned over thousands of pages of "discovery" -- the evidence the government has supposedly gathered against the defendants.

Andolina said the discovery failed to substantiate the original charges.

Friedman was not in court today, was out of the office and has not responded to a request for comment.

Sheriff Gary Maha said his investigators felt they had a solid case that could substantiate the felony charges or they wouldn't have made the arrests.

"We have many cases in which we make an arrest and then the case is pled down," Maha said. "It's our job to make the arrest. It's the DA's job to decide what to do with the case."

The Class A misdemeanor of promoting gambling is the lowest level crime under Article 225, New York's gambling penal code.

Joseph LaTona, attorney for Engel, said there was nothing unusual at all about the plea bargain. He characterized it as a "garden variety" plea.

"I’ve practiced criminal defense law for almost 40 years in Western New York and for individuals without a prior criminal history, for a first-time gambling offense, this is par for the course," LaTona said. "I’ve had many dispositions identical to this throughout many counties in Western New York.  It’s not unusual. It’s typical."

Sentencing on all three defendants is set for March 5.

One decision Balbick will be asked to make in the case of Phillips is to declare what Andolina called a "release from liabilities." He said Phillips has an opportunity for another job and a release from liabilities allows a person convicted of a crime to still be licensed in New York for some types of jobs. Andolina said the job prospect for Phillips is in the private sector.

Phillips and Bordinaro had 17 and 18 years on the job and would have been eligible for a New York State pension if they had completed 20 years of employment.

Both, they said in court, have already resigned from their city jobs.

Photos: Top, Bordinaro, center, with Andolina, right and Greg Ireland, president of IAFF Local 896. Inset, Phillips.

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