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City sends letter to residents about private trash pick-up

By Howard B. Owens

Letter from the city to residents:

As of June 1, 2013, City of Batavia residents will be responsible for their own curbside pickup of refuse, recycling and bulk items. Each property owner will either select a vendor of their choice or have to transport their refuse and recycling to a transfer station.

The City has contacted several refuse haulers in the area who are interested in collecting refuse, recycling and bulk items on a private basis. The City has not negotiated a price for this service and is not recommending a particular hauler.

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

Police seek help in locating missing middle school girl

By Howard B. Owens

Chelsea Darnley Emondt-Fauel is missing, according to Batavia PD.

Chelsea is considered a runaway and was last seen yesterday at Batavia Middle School. She may still be in the local area or may have gone to Buffalo or Niagara Falls.

The 13-year-old has brown eyes and brown hair and is 5' 6" and 145 lbs.

Anybody with information that might help police locate Chelsea is asked to call Batavia PD at (585) 345-6350.

GCEDC board approves tax breaks for developer of former Lowe's location

By Howard B. Owens

CLARIFICATION: Regarding the headline and the item below: The GCEDC board approved the COR project being set for a public hearing, but its project has not yet received final approval.

COR Development Company, owners of property at 4180 Veterans Memorial Drive, Batavia, is planning a $4.5 million investment in the former Lowe's location for renovation, adding space and retrofitting the existing structure. The renovations will pave the way for one or more retailers to lease the space. Total tax incentives: $1,052,104. The project is part of Town Center Batavia, which is 350,000-square-feet of "destination retail space," according to the Genesee County Economic Development Center's release. In 2007, COR received incentives to build the project. The former Lowe's location is currently 138,778 square feet. Under the proposal, COR will receive $180,000 in sales tax exemptions, a $43,750 mortgage tax exemption and a $828,390 property tax exemption on the increased assessment value of the property. COR projects 120 new retail jobs as a result of the project.

Batavia Showtime, 6 Alva Place, Batavia, is planning a $52,200 investment for the purchase and installing of a digital movie projector. Batavia Showtime is approved for a $4,176 sales tax exemption on purchase of the projector. GCEDC's release states that the board is looking to assist in the project because it qualifies as a tourism destination and provides a service to the area, being the only local movie theater, that would not otherwise be available. The theater was in danger of closing prior to Batavia Showtime purchasing the facility. The owner is planning upgrades beyond the purchase of the digital projector. An estimated three new jobs will be created and four jobs retained.

Le Roy Plastics, 59 Lake St., Le Roy, is planning a $885,000 investment for the consolidation of all operations and processes into one facility. The company plans to renovate portions of the new facility and purchase furniture, fixtures and equipment. The GCEDC board approved $43,931 in tax abatements for the project, including a $24,800 sales tax exemption, $9,063 mortgage tax exemption and a $10,068 exemption on property taxes above the current assessed value.

Hawley critical of state budget

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) expressed his dissatisfaction with the bulk of the 2013-14 state budget, stating that many aspects miss the mark on critical issues. Hawley decried the decision to sweep $1.75 billion from the State Insurance Fund back into unrelated spending rather than refunding employers who overpaid for Workers’ Compensation premiums. The assemblyman also opposed irresponsible measures like funding for the SAFE Act, devastating cuts to programs for people with developmental disabilities, and the extension of the energy tax.

“While there were some bright spots, the bulk of this budget falls short on many critical issues,” Hawley said. “Our families are hurting and our businesses are so overtaxed that they cannot create the jobs New Yorkers need, yet rather than delivering cost relief, this budget repeats the same tax-and-spend mistakes of old.

"Not only does this plan rely on ill-conceived revenue streams like the energy tax to fund unnecessary programs like the SAFE Act, but it fails to support programs for the developmentally disabled, which is an affront to these individuals and their families who need and deserve our help. All of this lands on top of a disastrous tax increase of at least $9.4 billion over the next five years. Unfortunately for New Yorkers, this budget flies in the face of the success we’ve seen over the last two years, and that’s why I opposed the majority of this plan.”

Hawley took particular exception to the extension of the 18-a utility tax, a surcharge passed in 2009 that was scheduled to sunset in 2014. The assemblyman advanced a budget amendment to repeal the fee and also sponsored Assembly Bill 382, which would have rescinded the tax as soon as it was enacted. The newly adopted budget extended the fee, which will cost families and businesses $1.7 billion over the length of the four-year extension.

“The amendment I advanced to repeal this tax would offer immediate relief for our families and businesses from burdensome electricity charges,” Hawley said. “This tax hurts all New Yorkers from Upstate to Downstate, families to businesses, low-income earners to high earners and everyone in between. If we really want to deliver the promise of a ‘New New York,’ we cannot continue this taxation without realistic, reasonable and responsive representation.”

Former inmate recalls his own medical emergency while confined in Genesee County Jail

By Howard B. Owens

The story this morning of an inmate who died while in Genesee County Jail custody had a familiar ring to it for a local man who spent four months in the jail back in 2001.

After developing apparent health problems, it took the Batavia resident days to get in to see a nurse, he said, and then she told him he had hemorrhoids and sent him back to his cell.

Days later and after more complaints, she saw him again and gave him suppositories.

After a month of illness and little to no treatment by jail staff, the man said, he collapsed on the jailhouse floor and was taken by ambulance to UMMC.

There, Dr. Bernard Asher found that he had advanced colitis and would soon lose his colon without proper treatment. He was transferred to ECMC for acute hospital care.

The local resident asked that we not use his name to protect his privacy, but he provided us with documentation to support his claim (PDF).

He said he came forward not because he's looking to embarrass anybody at the jail or in the Sheriff's Office, but he just thought people should know what he went through in light of the report on Nikko Gambino's death.

"I'm just saying something like this happened," the man said. "I was diagnosed the wrong way. It wasn't right, but I don't want to get back at them right now."

A year ago, the man spent two weekends in jail on a second-degree harassment charge (he sent a couple of text messages that he shouldn't have sent, he said) and said the same nurse that he saw in 2001 was still working at the jail.

In 2001, the man was jailed on an attempted burglary charge, which stemmed not from a theft case, but because he entered the dwelling of his ex-wife and child without permission, which was a violation of a court order.

"It was a domestic case," he said. "I was young and stupid and chasing love, or what I thought was love."

He eventually spent 20 months in state prison and was on parole for three years.

He said when he saw the Gambino story, he thought, "Man this is crazy and I know what it's like. I'm sure they didn't give him the treatment he needed."

He said he's seen correction officers deny some inmates a chance to see a nurse.

"I'm never a jerk and I understand COs are just doing their jobs," he said. "Other inmates, if a CO had a problem with them, the person wouldn't get to see a nurse.

"I think if you want to see a nurse, you should be able to see a nurse -- to see if you have a problem," he added.

The former inmate said his symptoms during the month prior to his hospitalization included a 40-pound weight loss, severe abdominal pain, blood in his stool and the loss of a lot of blood, yet he was only allowed to see a physician after he collapsed from not eating or drinking and all the pain.

He said if he'd sued back then, maybe he could have saved a life.

"I met with Charlie Mancuso," he said. "We talked about it. He was going to file a suit, but he never did and then he passed away. I never pursued anything (after he passed)."

Sheriff Gary Maha is not familiar with this particular case at this point, but he would look into it if the man would come forward and talk with him. He said everything is documented and he would investigate the complaint if given more information.

We asked Maha if he's received complaints outside of this case and the Gambino case from inmates who say they're not getting proper medical care.

"You always get complaints," Maha said. "They feel they want the best surgeon in the State of New York and the taxpayers are supposed to pay for it. That’s not the case. We give them whatever services are needed and prescribed by the doctor. If you come into the jail and say you need a new pair of glasses, we’re not going to give you a new pair of glasses unless a doctor says you need a new pair of glasses."

Maha said it costs taxpayers about $200,000 a year to provide medical care to inmates at the Genesee County Jail.

"Everyday people come through there who abused drugs or have mental health issues," Maha said. "It’s a difficult population to deal with and it’s a costly population to deal with. It’s something we try to manage as best we can."

Following the Gambino case, Maha said he met with the jail staff and Director Ed Minardo and new procedures and protocols have been developed.

All opiate use and withdrawal cases are monitored now on a daily basis, he said, and all medical procedures have been examined and updated.

He said he is confident in the skill and training of the jail's medical staff.

"They’ve been around a long time and they've been in business a long time," Maha said. "Thye’re a good staff. Again, we have to update the protocols, but they give a lot better care to an inmate in the jail than they would get on the street, I can tell you that."

UPDATE: Looking back over things this morning, I feel I should note that Dr. Asher's note contradicts the recollection of the source in two ways. The health issue was ongoing for two months before Dr. Asher saw the patient, and Dr. Asher notes that the patient additionally received two visits to the ER, which also failed to lead to a diagnosis of colitis.

UPDATE: The source explains, he doesn't think it was a whole two months, but it may have been longer than a month. His two trips to the ER occurred after his mother contacted his primary care physician and the physician requested the visits, he said. He also confirmed he believes he was misdiagnosed at the ER on those two visits.

World War II vet honored for 70 years with the American Legion

By Howard B. Owens

Joseph Joy, seated, was honored at the New York State Veterans Home this morning by the American Legion for his 70 years of membership in the veterans' organization. Joy is a veteran of World War II. Members of the Glenn Loomis Post who attended were Tom Williamson, left, Paul LaValley, Jim Nieder, Post Commander Ron Konieczny, County Veteran Services Officer William Joyce and Bernie Staats.

State report critical of jail nursing staff in death of inmate

By Howard B. Owens

The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.

Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.

The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.

Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."

A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.

According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.

Gambino's family has reportedly filed a lawsuit against the county over his death.

The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.

UPDATE 2 p.m.:  Here is a statement from Sheriff Gary Maha on the report:

Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.

We did receive the preliminary report from  the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.

For previous stories about Gambino, click here.

Empire State Development announces $1.5 million in funding for STAMP project

By Howard B. Owens

Press release from Empire State Development:

Western New York Science, Technology and Advanced Manufacturing Park – Priority Project (Finger Lakes Region – Genesee County) – Grant - $500,000; Loan $1,100,000

Designated a Priority Project by the Finger Lakes Regional Economic Development Council, the Western New York Science, Technology and Advanced Manufacturing Park (STAMP) will create significant opportunities for semiconductor, flat panel display, photovoltaic, and bio-manufacturing projects.

The Genesee Gateway Local Development Corporation (GGLDC), which serves as the recipient of ESD’s grant and loan, was established in 2004 to handle industrial park development and serves as a conduit for assistance to private companies. Since its inception, GGLDC has completed five park developments across Upstate New York – each of which have infrastructure completed and are able to accommodate new business developments.

In 2005, GGLDC identified a market need to develop a much larger park than those previously developed. Such a mega site, of at least 1,000 acres, would seek to attract a large-scale advanced manufacturing project. GGDLC identified a site in the Town of Alabama, and since 2008 has expended several million dollars for preliminary multifaceted feasibility studies, completed an Environmental Impact Statement, and conducted community outreach and began to acquire property. In order to continue developing STAMP as New York State’s third mega site, ESD is providing a grant of up to $500,000 and a loan of $1.1 million to assist in the purchase of 364 acres of land at the site for the next phase of development.

GGDLC currently owns 143 acres with the option to purchase another 1,073. This real estate transaction will allow for design, engineering and construction for the initial infrastructure at the site, which will be completed by the end of 2014.

This project will position Western New York State as a hub for advanced technology manufacturing and spur significant regional economic growth. There is potential for up to 1,200 jobs at the STAMP site by 2016, and over 9,300 projected jobs at full build-out in 2032.

Law and Order: Woman arrested on drug, weapon warrant after release from jail

By Howard B. Owens

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

DOT truck hits tree off Route 20, Alexander, after driver reportedly fell asleep

By Howard B. Owens

Route 20 was shut down for a time early this morning after a DOT truck driver reportedly fell asleep at the wheel and his truck collided with a tree near Brookville Road, Alexander.

The accident was reported at 2:06 a.m.

The driver, Thomas D. Drumstra, of Brookville Road, Alexander, was not injured and no other vehicles were involved.

Alexander Fire Department responded to the accident.

Drumstra was driving at 2003 International dump truck registered to the NYS Department of Transportation, according to a Sheriff's Office accident report.

No citations were issued.

The accident was investigated by Deputy James Diehl.

Sun and blue sky brings out furred and feathered critters alike

By JIM NIGRO

While the month of March has hardly been spring-like, Tuesday's weather brought forth an abundance of woodpeckers, songbirds and bushytails in the small woodlot that borders our property. And with the emergence of foliage yet a long way off, conditions were ideal for taking their picture.

First on the scene was this female cardinal. In the soft light of early morning and still plenty of chill in the air, she forages along the ground and spots remnants of last year's seed. 

As the sun climbed higher more birds arrived, like the downy woodpecker pictured above and in the top photo. The "downies" were difficult to capture with the camera, as they kept rapidly flitting about, from tree to tree and branch to branch.

It was only a matter of time before the red squirrel population was heard from. On this day there were several working the same area. This one stopped briefly on the trunk of an aged cottonwood.

From an adjacent walnut tree, this red-bellied woodpecker seems to be sizing up the main trunk of the cottonwood and, with the red squirrel present, weighing its options.......

and then deciding to go for it.

A lone gray squirrel showed up -- even with the red squirrels in close proximity.

Despite the chill in the air and patches of snow on the ground, between the blue sky and the arrival of some furred and feathered friends, it was a good day.

Photo: Spring snow shower hits Batavia

By Howard B. Owens

Periods of heavy snowfall hit Batavia this afternoon, and though the flakes were big and wet, not much stuck anywhere.

More cold, snow and rain is in the forecast through Friday night, but we should see some sun on Saturday. Sunday's forecast -- for Easter -- is cold with a 50-percent chance of rain.

The cold and wet start to spring is expected to continue for another week or so.

Sponsored Post: Yngodess Features Easter Wines!

By Lisa Ace

This week at the Yngodess shop we are featuring Fetzer Gewurtztraminer for $8.99! It pairs well with your ham dinner. Stop in today and pick up a bottle! Like us on Facebook to stay up to date on current specials! The Yngodess is located at 73 Main St., Batavia. (585) 343-3170. We'll be open 12 to 4 p.m. on Sunday. From our family to yours, have a blessed Easter holiday!

Ninth annual Super Mammoth Sale at St. Joe's will be original organizer's last

By Billie Owens

Press release:

This year’s Super Mammoth Sale at St. Joe's is expected to be the largest event to date and will also be the last sale organized by longtime volunteer Kathy Stefani. The event, dubbed WNY’s largest indoor garage sale, is in its 9th year and has raised more than $100,000 for Catholic education. Earlier this year, a tearful Stefani told officials at St. Joseph School that she will retire at the conclusion of this year’s sale saying she had been “Called to spend more time with her family.”

In John 6:12, disciples were told to “Gather up the leftover fragments, that nothing may be lost,” and in that fashion, Stefani has turned others’ junk into treasure for the school. Her yearly work includes collecting, storing, cleaning and selling hundreds of thousands of donated items that are stored at seven different sites. Nearly 150 volunteers are utilized, including two dozen cashiers for the one-day sale.

The event has grown from humble roots when Stefani held a community garage sale to benefit St. Anthony’s Church in Batavia in 2005. It has grown every year since and last year raised more than $29,000, with all proceeds benefiting St. Joe’s.

This year’s event will, of course, include stalwart items like antiques, books, artwork, furniture and household goods but in addition, there will be over 250 die-cast cars and trucks for sale, many of them still in their original boxes. The donation that came from a parishioner who had lost her husband and wanted to the see the collection sold for a good cause.

“Kathy does a remarkable job and is irreplaceable,” said Karen Green, the school’s principal. “She has poured her heart and soul into this event and writes personal thank you notes to everyone that donates an item. She has made Mammoth one of our top fund-raisers and we will be hard-pressed to find a successor.”

The Super Mammoth will be held from 9 a.m. – 4 p.m. on Saturday, April 6th at the school located at the corner of Main and Summit streets in Batavia. The doors will be closed from 12:30-12:45 p.m. and the shelves will be restocked. There will also be a chicken BBQ or BBQ ribs available for purchase. For more information call 585.343.6154.

Hawley says budget changes to property tax law will not revoke all STAR benefits

By Billie Owens

Press release:

In response to widespread correspondence from his constituents, Assemblyman Steve Hawley (R,I,C-Batavia) recently shed light on changes to the Basic STAR program in this year’s state budget.

Many property owners have expressed concern that their benefits will be revoked due to changes to the program in this year’s budget. However, the alterations merely call for those currently enrolled to register with the Commissioner of Tax and Finance through a yet-to-be-created form by April 1, 2014.

The purpose of the registration program is to verify a recipient’s eligibility and to determine if a homeowner is receiving more than one Basic STAR exemption.

“As the economy continues to struggle and property taxes become more of a burden for our families and businesses, it is critical that we ensure those who need and deserve relief are receiving it,” Hawley said.

“The changes to the Basic STAR program are meant to enforce the current requirements for eligibility and will not affect any property owner who currently qualifies. This measure will help protect funding for those who truly need it and deliver sorely needed relief to our families and businesses.”

Reminder: Statewide open burning ban through May 15

By Billie Owens

Press release:

New York State Department of Environmental Conservation reminds residents of the annual burning ban from March 14 through May 15.

During this time period, no open burning shall be allowed. Violators of the open burning regulation are subject to both criminal and civil enforcement actions, with a minimum fine of $500 for a first offense. To report a violation call 1-800-TIPP DEC (1-800-847-7332), or report online on DEC's Web site.

Additional information from DEC: http://www.dec.ny.gov/press/80920.html

 
 

Assemblyman Hawley's outreach office hours postponed for Good Friday

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,I,C–Batavia) is preempting his regular outreach office hours for Genesee County residents this week in observance of Good Friday. The weekly Friday meeting at Genesee Community College will resume as scheduled next week.

Top Items on Batavia's List

HUGE sale thousands of items something for everyone lots of new stuff games toys housewares clothes collectibles kitchen items ect ect ect and much more rain or shine everything covered every Saturday June 1st -October 26 9-5 3657 galloway rd batavia
Tags: garage sales

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